Summer_Farish_Caretaker_rv1.docx

Combined Synopsis/Solicitation

IAW FAR 12.603

This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in Federal Acquisition Regulations (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a request for quotation (RFQ) in accordance with FAR part 12 & part 13 under solicitation number FA700019QA031. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01, effective 20 Dec 2018.

The associated North American Industry Classification System (NAICS) is 721214, the Product Service Code (PSC) is G003. This acquisition is unrestricted. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA).

The Government bears no legal liability for the costs associated with preparing a quote. Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.

Before submitting a quote, please read the instructions in the addenda to FAR 52.212-1 listed below. It is the quoter’s responsibility to ensure their quote meets all the requirements identified herein.

The following commercial service is requested in this RFQ: Summer Farish Caretaker services for Farish Recreational Area, 12005 Rampart Range Road, Woodland Park, CO 80863, property of the United States Air Force Academy.

I. DESCRIPTION OF REQUIREMENTS

This requirement is for a Summer Farish Caretaker for Farish Recreational Area for in accordance with the attached Performance Work Statement (Attachment 1, Performance Work Statement). The projected Period of Performance (PoP) for this requirement is a base year with four (2) one year option periods:

II. SOLICITATION INSTRUCTIONS

1. In all instances throughout this solicitation, to include the applicable provisions and clauses, any use of the word "proposal" should be understood as "quote". All instances of the word "offeror" should be understood as "quoter". All instances of the word "award" should be understood as "purchase order".

2. The provision at FAR 52.212-1, Instructions to Offerors—Commercial (Oct 2018), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212-1:

a. Submission of offers. FAR 52.212-1(b) is amended to include the following:

(1) Submit signed and dated quotes via e-mail or fax to:

Mr. Rory Kouba Contract Specialist

Ms. Heidi Stein Contracting Officer

(2) Quotes must be submitted by 5 April 2019, 3:00 p.m. Mt. Time.

b. Late submissions. FAR 52.212-1(f) is amended as follows:

(1) Offerors are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the contracting officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

c. Contract Type: Firm Fixed Price

d. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 2 days prior to closing. Answers will be compiled and posted electronically to the Federal Business Opportunities website: https://www.fbo.gov. Questions may be emailed to the point of contact listed above in section II, paragraph 2a. All correspondence should reference the solicitation number.

e. Evaluation: Quotes will be evaluated and award will be made IAW the evaluation criteria in FAR 52.212-2 and its Addenda.

f. Quote Requirements: To ensure timely and equitable evaluation of quotes, the quoter must follow the instructions contained herein. Failure to meet all of the instructions may result in a quote being determined ineligible for award. It is the quoter’s responsibility to ensure their quote meets all the requirements of this solicitation. Alternative quotes will not be accepted.

g. Quotation preparation instructions:

(1) General Instructions. The offeror shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, e-mail, and telephone number of the offeror, CAGE code, DUNS number, and size of business. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote.

(2) Specific Instructions. Quotes shall consist of three parts, as identified below.

(a) PRICE QUOTATION. Submit the price quote in accordance with the attached price schedule (Attachment 2, Price Schedule) in the list of attachments for this solicitation. Price quotes must be firm-fixed price. Price quotes must include unit prices and extended amounts for each line item (i.e., multiply the unit price and quantity for each line item). Include the total price (i.e., sum of all extended amounts) in the price quote. Payments on invoices cannot be made until the Government has received and accepted the service.

(b) CONTRACT DOCUMENTATION.

(i) System for Award Management (SAM): Unless exempted by an addendum to this solicitation, by submission of a quote, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database at the time a quotation is submitted, during performance and through final payment of any order resulting from this solicitation. If the quoter is not registered in the SAM database at the time a quotation is submitted, the Contracting Officer will determine the quoter ineligible for award and move on to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov/SAM/.

(ii) Quotes must include a completed copy of the following provision that requires fill-in text.

· FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, Alternate I (“The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision”).

(iii) If applicable, provide a written statement that the quote incorporates all amendments to the solicitation.

(c) TECHNICAL.

(i) Submit proof of valid driver’s license. Valid is defined as not expired as of the solicitation close date.

(ii) Submit current state issued driving record. Current is defined as within three months of the solicitation close date.

(iii) Submit proof of valid CPR certification.

(End of Provision)

3. 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) price

(ii) past performance

(iii) technical

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

ADDENDA TO FAR 52.212-2:

BASIS FOR OFFER. This is a competitive acquisition in accordance with FAR part 12 and part 13. The Government will submit an offer in the form of a purchase order to the quoter that represents the best value to the Government. Quotes will be evaluated as described below.

1. Basis for Award. The lowest quote submitted will be reviewed for completeness to determine if they contain all information requested in the Addenda to FAR 52.212-1. Quotes that are incomplete or missing information may not be considered. The Government will select the best overall quote based upon an integrated assessment of:

a. Price

b. Past Performance

c. Technical

2. Overall Evaluation Process. In order to move forward in the evaluation process, quoters must meet each of the steps below. Evaluation of quotes will follow the below process chronologically:

A. Completeness: The lowest quote will be reviewed to ensure it meets the solicitation criteria as outlined in the Addendum to FAR 52.212-1 – Instructions to Offerors. Quotes that fail to meet solicitation criteria may not be evaluated further. The Government may choose to waive or correct any discrepancies in quotes via informal methods (i.e. e-mails, phone calls, etc.).

B. Price: The lowest, complete quote will be evaluated for price reasonable, balanced and affordable pricing.

C. Past Performance: The lowest, complete quote found to be priced reasonable, balanced and affordable will be evaluated for past performance on a Pass/Fail basis. Quotes with a “Fail” rating will not be evaluated further and the next lowest, complete quote will be evaluated.

D. Technical: The lowest, complete quote that receives a “Pass” rating on Past Performance will be technically evaluated.

3. Evaluation Factors.

FACTOR 1: COMPLETENESS

A. The lowest quote will be reviewed to ensure they meet the solicitation criteria as outlined in the Addenda to FAR 52.212-1 – Instructions to Offerors. Quotes that fail to meet solicitation criteria may not be evaluated further. The Government may choose to waive or correct any discrepancies in quotes via informal methods (i.e. e-mails, phone calls, etc.).

B. The lowest, complete quote will be evaluated for price reasonable, balanced and affordable pricing.

FACTOR 2: PRICE

A. Pricing Schedule Worksheet. All prices shall be submitted utilizing the Government-provided Pricing Worksheet (Attachment 2). The Government will perform price analysis to determine the total evaluated price quoted is reasonable, balanced and affordable on the lowest quoted price. Unbalanced pricing may pose an unacceptable risk to the Government and may be a reason to reject a quote. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of price analysis techniques. Evaluated quotes that are determined to be unbalanced may be deemed ineligible for award.

B. Options. The evaluated price will include consideration of pricing for the extension of services under clause 52.217-8. Exercise of the 52.217-8 will be in accordance with the clause language and the Government reserves the right to exercise the clause at the end of any period of performance throughout the term of the contract. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise such options.

Award will be made based on the contract line item prices proposed by the quoter initially or as a result of discussions, if conducted.

C. The lowest, complete quote found to be priced reasonable, balanced and affordable will then be evaluated for past performance.

FACTOR 3: PAST PERFORMANCE

A. Past Performance will be evaluated on a Pass/Fail basis based on the definitions below. In conducting the Past Performance evaluation, the Government reserves the right to utilize information obtained from sources available to the Government, to include, but not limited to: the Past Performance Information Retrieval System (www.PPIRS.gov) and the System for Award Management (www.SAM.gov).

Rating Description Pass: Quoter is not debarred, suspended or otherwise ineligible to receive an award and has no derogatory information in PPIRS, SAM or other Government Source.

Fail: Quoter is debarred, suspended or otherwise ineligible to receive an award or has derogatory information in PPIRS, SAM or other Government Source.

B. The lowest, complete quote found to be priced reasonable, balanced and affordable that receive a “Pass” rating on past performance will then be evaluated on technical.

FACTOR 4: TECHNICAL

A. The quoter will be evaluated on a Pass/Fail basis based on the definitions below. Valid is defined as not expired as of the solicitation close date. Current is defined as within three months of the solicitation close date.

Rating Description:

PASS rating includes ALL of the following:

1. A valid state driver’s license that is not expired as of the solicitation close date;

2. A current state issued driving record (current is defined as within three months of the solicitation close date). A driving record that does NOT include the following:

a. Driving under the influence, or impaired by alcohol or a controlled substance, or refusal to undergo such testing as required by any jurisdiction;

b. Leaving the scene of an accident;

c. A violation of a state or local law on motor vehicle control (except a parking violation) involving a fatality or major property damage;

d. Reckless driving;

e. Has had a license suspended, revoked, or canceled for cause in the 3-year period ending on the date of quote submission; or

f. Excessive speeding – an offense for exceeding the posted speed limit by 15MPH or more;

g. Driving the wrong way;

h. Failure to yield;

i. Improper or erratic traffic lane changes;

j. Following a vehicle too closely; or

k. Any other similar violation defined as serious by state or local law.

l. Other violations (other than parking violations) not described above may be disqualifying depending on the type, number, and frequency.

3. A valid CPR certification that is not expired as of the solicitation close date.

FAIL rating includes at least one of the following:

1. An invalid state driver’s license that is expired as of the solicitation close date;

2. A noncurrent state issued driving record (current is defined as within three months of the solicitation close date). A driving record that that includes the following:

a. Driving under the influence, or impaired by alcohol or a controlled substance, or refusal to undergo such testing as required by any jurisdiction;

b. Leaving the scene of an accident;

c. A violation of a state or local law on motor vehicle control (except a parking violation) involving a fatality or major property damage;

d. Reckless driving;

e. Has had a license suspended, revoked, or canceled for cause in the 3-year period ending on the date of quote submission; or

f. Excessive speeding – an offense for exceeding the posted speed limit by 15MPH or more;

g. Driving the wrong way;

h. Failure to yield;

i. Improper or erratic traffic lane changes;

j. Following a vehicle too closely; or

k. Any other similar violation defined as serious by state or local law.

l. Other violations (other than parking violations) not described above may be disqualifying depending on the type, number, and frequency.

3. An invalid CPR certification that is expired as of the solicitation close date.

4. Award. Award of this requirement will be offered to the responsible quoter whose quote is the lowest, complete quote found to be priced reasonable, balanced and affordable that received “Pass” ratings on past performance and technical. Technical and past performance are more important than price.

(End of Addenda)

4. The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212-4:

Text in paragraph (c) is deleted and replaced with the following:

(c) Changes. Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

(End of Addenda)

III. ADDITIONAL PROVISIONS AND CLAUSES.

The contracting officer has determined the provisions and clauses listed within ths RFQ to be necessary for this acquisition. The full text of each provision and clause can be viewed at http://farsite.hill.af.mil/vmfara.htm (FAR), http://farsite.hill.af.mil/vmdfara.htm (DFARS), and http://farsite.hill.af.mil/vmaffara.htm (AFFARS).

CLAUSES INCORPORATED BY REFERENCE

CLAUSES IN FULL TEXT

CLAUSE NO. CLAUSE TITLE (MONTH YEAR)

CLAUSE TEXT

52.217-8 -- Option to Extend Services. (Nov 1999) As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _15 days__ .

(End of Clause)

52.217-9 -- Option to Extend the Term of the Contract. (MAR 2000) As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within _45 days__ provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months/21 days.

(End of Clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) As prescribed in 22.1408(a), insert the following clause:

Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. (DEC 2018)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice Invoice and Receiving Report n/a

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1________________________________________________________________________________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

applicable fields in WAWF when creating payment requests and receiving rep applicable fields in WAWF when creating payment requests and receiving rep

Routing Data Table*

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

rory.kouba.2@us.af.mil heidi.stein2@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) As prescribed in 22.1006(b), insert the following clause:

Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

(End of Clause)

52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018) As prescribed in 12.301(b)(2), insert the following provision:

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term successor does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____.

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [_] is, [_] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It [_] is,[_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end product. The terms commercially available off-the-shelf (COTS) item component, domestic end product, end product, foreign end product, and United States are defined in the clause of this solicitation entitled Buy American-Supplies.

(2) Foreign End Products:

| Line Item No. || Country of Origin | [List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf (COTS) item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act.

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

| Line Item No. || Country of Origin | [List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled Trade Agreements.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

| Line Item No. || Country of Origin | [List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of…