Combined_Synopsis_Solicitation_-_waste_disposal_-_14_Nov_14.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice and attached Performance Work Statement (PWS). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number FA8052-15-T-0005 is issued as a request for proposal (RFP), entitled Air Force Drug Testing Laboratory Waste Disposal non-personal Services.

The 773rd Enterprise Sourcing Squadron, Air Force Medical Operations Agency (773 ESS/PK) Contracting Office, 3515 S. General McMullen, San Antonio, TX 78226, intends to award a Firm Fixed Price non-personal services contract as a 100% Small Business Set aside. Potential offerors are to review and address this Combined Synopsis Solicitation and all attachments which include the Performance Work Statement dated 23 October 2014, Quality Assurance Surveillance Plan dated 23 October 2014, and all applicable provisions and clauses.

FAILURE TO PROVIDE ANY REQUIRED INFORMATION MAY RESULT IN AN OFFER BEING

DETERMINED NON-RESPONSIVE.

1. Requirement. This requirement is to provide waste disposal services to the Air Force Drug Testing Laboratory located on Lackland Air Force Base, San Antonio, Texas. These waste disposal services include supplying waste disposal containers, weekly pickups, and properly disposing of urinalysis samples as well as personally identifiable information (PII). The contractor shall furnish all labor and supplies required to perform this service and must possess the specific skills and operational expertise in accordance with the attached Performance Work Statement (PWS). The associated NAICS code is 562219 with a size standard of $38,500,000.00. The contract will consist of CLIN 0001, Medical Waste Disposal Services with a unit of issue based on pounds. All proposals shall conform to Contract Line Item Number (CLIN) structure of the Pricing Schedule (Attachment 1).

2. Period of Performance. The Period of Performance for this requirement is a 12-month base year plus four (4), one (1) year option periods. Estimated award date is 23 January 2015. The base year and each option period will allow for continued performance up to an additional 6 months, as needed, after that respective period of performance IAW FAR Clause 52.217-8, which is included in this solicitation. The pricing for the respective extension period (base year or option year) will remain at the same rate as the preceding period of performance unless excepted by prevailing labor rates provided by the Secretary of Labor.

Period of Performance:

Base Year: 23 January 2014 to 22 January 2015 Option Period One: 23 January 2015 to 22 January 2016 Option Period Two: 23 January 2016 to 22 January 2017 Option Period Three: 23 January 2017 to 22 January 2018 Option Period Four: 23 January 2018 to 22 January 2019 *Option to Extend Services: up to 6 Months

3. Basis of Award. All proposals will be evaluated in accordance with FAR 15.101-2 -- Lowest Price Technically Acceptable Source Selection Process. Award may be made with or without discussions with the offeror(s). Award of this contract will be based on contractor's eligibility status as a small business and correct NAICS code, responsibleness (as determined by SAM and FAPIIS), technical acceptance and overall fair and reasonable pricing. All CLINs will be individually evaluated for price fair and reasonableness as well. It is your responsibility to maintain the appropriate business size standard and socioeconomic status for specified NAICS code.

4. Proposal Requirement. Request you submit an itemized proposal containing the appropriate labor categories IAW the Service Contract Act and applicable wage determinations for the services requested as part of your proposal for subject requirements. Please see attachment 2, the PWS dated 23 October 2014 identifying the Government’s requirements for this service. Please provide your proposal by addressing the PWS requirements to include:

• Providing a technical proposal (identified as Part 1 – Technical – no more than 15 pages) addressing the technical capabilities. See attachment 4, Instructions to Offerors -- Commercial Items.

• Providing a Price/Cost proposal (identified as Part II - Price/Cost) which will be evaluated for cost fair and reasonableness IAW FAR Part 15.404-1. See attachment 4, Instructions to Offerors -- Commercial Items.

• Any supporting documentation in the form of copies of published price lists, catalog cut-sheets, and etc.

as deemed necessary

5. Proposal Due Date. Proposals are due by 2:00 PM (Local Time, San Antonio, TX) on 15 December 2014.

The delivery address is 773 ESS/PK, 3515 S. General McMullen Ste. 200, San Antonio, TX 78226, Attn: Christal Jackson. If you are going to be delivering by courier, it is important that coordination is made with this office in advance. The preferred method is an electronic version (email) of the proposal and will be accepted at christal.jackson.6@us.af.mil; however it is the responsibility of the offeror to ensure that the proposal and its attachments are received.

6. Provisions/Clauses. Applicable provisions and clauses to this combined synopsis/solicitation can be viewed at attachment 11.

7. Organizational Conflict of Interest (OCI). In accordance with FAR 9.5 and relevant supplements, the contractor shall make an immediate and full disclosure of any potential OCIs in writing to the Contracting Officer. Such disclosure may include a description of any action in which the contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest.

8. Contact Information. The Contracting Officer and Contract Specialist on this contract are both located at 3515 South General McMullen Road, Building 171, Joint Base-San Antonio, Texas 78226. Offerors are cautioned that all communications are to be channeled through the Contract Specialist or Contracting Officer on this contract. Any questions whether technical or contracting related shall be submitted in writing, email is preferred, to the undersigned by phone at (210) 395-9392 or by email at tommy.leos.2@us.af.mil and/or the Contract Specialist by phone at (210) 395-9383 or by email at christal.jackson.6@us.af.mil.

mailto:christal.jackson.6@us.af.mil mailto:tommy.leos.2@us.af.mil

9. Section 508. Per FAR 11.002(f) In accordance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d), requiring activities must prepare requirement documents for electronic and information technology that comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see Subpart 39.2).

Attachments are as follows:

1. Pricing Schedule B

2. Performance Work Statement, 23 October 2014

3. Quality Assurance Surveillance Plan, 23 October 2014

4. Addendum 1 to Provision 52.212-1, Instructions to Offerors -- Commercial Items

5. Provision 52.212-2, Evaluation -- Commercial Items

6. Provision 52.212-3, Offeror Representations and Certifications -- Commercial Items.

7. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items

8. Provision 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law

9. Provision 52.219-1 Small Business Program Representations

10. Clause 252.232-7006, WAWF Receiving Report and Invoicing Instructions

11. Applicable Provisions/Clauses http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/39.htm%23P68_12079

ATTACHMENT 1

SCHEDULE B

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

0001 12 Pounds $0.00 $0.00

Waste Disposal Services

FFP

Provide disposal services sufficient to remove all discarded samples, containers, and personal identifying information (PII) with evidence that sample containers are weighed and destroyed in accordance with the Performance Work Statement, dated 23 October 2014, at the Headquarters, Air Force Drug Testing Laboratory located at 2480 Ladd Street, Building 3750, Lackland AFB, Texas.

PoP: 23 January 2014 to 22 January 2015.

FOB: Destination NET AMT $0.00

1001 12 Pounds $0.00 $0.00

Waste Disposal Services – Option 1

FFP

Provide disposal services sufficient to remove all discarded samples, containers, and personal identifying information (PII) with evidence that sample containers are weighed and destroyed in accordance with the Performance Work Statement, dated 23 October 2014, at the Headquarters, Air Force Drug Testing Laboratory located at 2480 Ladd Street, Building 3750, Lackland AFB, Texas.

PoP: 23 January 2015 to 22 January 2016.

2001 12 Pounds $0.00 $0.00

Waste Disposal Services – Option 2

FFP

Provide disposal services sufficient to remove all discarded samples, containers, and personal identifying information (PII) with evidence that sample containers are weighed and destroyed in accordance with the Performance Work Statement, dated 23 October 2014, at the Headquarters, Air Force Drug Testing Laboratory located at 2480 Ladd Street, Building 3750, Lackland AFB, Texas.

PoP: 23 January 2016 to 22 January 2017.

3001 12 Pounds $0.00 $0.00

Waste Disposal Services – Option 3

FFP

Provide disposal services sufficient to remove all discarded samples, containers, and personal identifying information (PII) with evidence that sample containers are weighed and destroyed in accordance with the Performance Work Statement, dated 23 October 2014, at the Headquarters, Air Force Drug Testing Laboratory located at 2480 Ladd Street, Building 3750, Lackland AFB, Texas.

PoP: 23 January 2017 to 22 January 2018.

4001 12 Pounds $0.00 $0.00

Waste Disposal Services – Option 4

FFP

Provide disposal services sufficient to remove all discarded samples, containers, and personal identifying information (PII) with evidence that sample containers are weighed and destroyed in accordance with the Performance Work Statement, dated 23 October 2014, at the Headquarters, Air Force Drug Testing Laboratory located at 2480 Ladd Street, Building 3750, Lackland AFB, Texas.

PoP: 23 January 2018 to 22 January 2019.

ATTACHMENT 2

PERFORMANCE WORK STATEMENT (PWS)

(separate document)

ATTACHMENT 3

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

(separate document)

ATTACHMENT 4

ADDENDUM 1 TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012)

(IAW 12.302(a))

The proposed instructions in this section are designed to assist offerors in preparing a complete response that reflects a full understanding of the approach proposed to accomplish all work required herein. Offeror(s) shall describe in detail their proposed approach. Offeror(s) shall use the Government provided Performance Work Statement (PWS) to develop their technical approach. Offeror(s) shall specifically explain how their approach will meet the key requirements of the PWS. Failure to meet a requirement may result in an offer being ineligible for award. Each Offeror is required to submit their proposal as specified in FAR Provision 52.212-1, Instructions to Offerors-Commercial Items and Addendum 1.

Please ensure a Wide Area Work Flow (WAWF) account has been initiated or is already established. All invoices shall be submitted using WAWF. Use of WAWF will speed up your payment processing time and allow you to monitor your payments status online. To get more information about how to register for WAWF contractors can go to the following web site and download the Contract Pay information:

http://www.dfas.mil/contractorsvendors.html

The Offeror must be registered and current in the System for Award Management website (https://www.sam.gov/portal/public/SAM/), no exceptions.

Submission of Offers.

(a) General Instructions:

(i) Interested parties capable of providing the specified services must submit a written offer via email directly to: Christal E. Jackson – christal.jackson.6@us.af.mil with a courtesy copy to Tommy G. Leos – tommy.leos.2@us.af.mil. You may deliver by courier following the instructions provided in the combined synopsis/solicitation document.

(ii) Do not send as an executable or .exe file. Email size shall not exceed five megabytes. Documents may be compressed (zipped) using WinZip 8.1 or later version. Any corrupted file or media containing a virus could result in the offer not being considered for award.

(iii) Software Compatibility. Use a word processing and spreadsheet program compatible with Microsoft ® Word 2007 ® and Microsoft ® Excel 2007 ®. PDF is Adobe ® Portable Document Format.

(iv) Solicitation Questions. Any questions relating to this solicitation and attachments shall be submitted in writing preferably by email, but may be accepted by mail or courier, addressed to the Contract Specialist and Contracting Officer noted in paragraph (i) above by 2:00 PM (Local Time, San Antonio, TX) on 1 December 2014. Any questions received after this date may or may not be answered due to time constraints of the solicitation.

(v) The response shall consist of two (2) separate parts:

(1) Part I- Technical Capability Proposal PDF or Word (.doc) (one regular copy and one redacted copy) Technical Capability shall be no more than 15 pages, one sided.

http://www.dfas.mil/contractorsvendors.html https://www.sam.gov/portal/public/SAM/ mailto:tommy.leos.2@us.af.mil

(2) Part II - Pricing PDF or Word (.doc) and a copy in Excel (.xls) showing calculations and figures used.

Pricing shall contain the information requested and shall be no more than 5 pages, one sided.

(vi) Document Content File Format. The minimum font size for the quote pages is 12 pitch. Required documents should be submitted via electronic email. Ensure the “Subject Line” reflects both the solicitation number and the offeror’s company name. Each quote shall include a cover page that clearly reflects the solicitation identification and the offeror’s name, address, CAGE Code, and DUNS number. All quotes shall be good for 120 days and the coverage shall reflect such verbiage. The redacted copy must have the following removed; company names, logos, the word “incumbent” or similar words meaning the same, and proper names of persons. The technical quote shall not contain any pricing information.

(vii) Period of Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 120 days from the date specified for receipt of offers.

ANY PROPOSALS RECEIVED AFTER DESIGNATED CLOSING DATE AND TIME MAY NOT BE

CONSIDERED FOR AWARD.

(b) Attach the following documents to your quote:

- A completed copy of provision 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2014 Appropriations (See Attachment 8)

- A completed copy of Appendix B, Organizational Conflict of Interest, of the PWS dated 23 October 2014 (See Attachment 2 of PWS )

- A completed copy of a Quality Control Plan (QCP) if applicable with any updates after award

- A completed copy of provision, 52.219-1 Alternate I, Small Business Program Representations (Apr

2011) (See Attachment 9).

- A completed copy of Representations and Certifications (See Attachment 6).

(c) To ensure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation and performance work statement requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors.

(End of Addendum)

ATTACHMENT 5

52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (JAN 1999)

(IAW 12.602(a))

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and attached PWS utilizing Lowest Price Technical Acceptable (LPTA) Source Selection technique. This technique requires two factors to be evaluated: Technical Capability and Price. Both factors are considered equal. Evaluation may be made with or without discussions with the offeror(s). The Government technical evaluation team will evaluate the technical proposals on an acceptable/unacceptable basis, assigning ratings of Acceptable or Unacceptable. Only those offers determined to be technically acceptable, either initially or as a result of discussions, will be considered for an award. Pricing will be

(i) Factor 1. Technical Capability (Part I: Technical Capability Proposal - Do not exceed 15 pages).

Technical Capability Proposals will be given a rating of Acceptable or Unacceptable.

Determination Definition

Acceptable

ALL of the minimum acceptable criteria are clearly met by the proposal. The offeror’s proposal meets the performance and technical capability requirements defined in the

PWS.

Unacceptable

Not all of the minimum acceptable criteria are met by the proposal. An unacceptable proposal contains one or more deficiencies. The proposal fails to meet specified minimum performance and technical capability requirements defined in the PWS.

A technically acceptable proposal shall have a sound technical approach that meets all (a) Performance Work Statement (PWS) requirements; (b) Demonstrates technologies used in the approach are viable, procurable and producible; (c) Proposal has an approach that allows the flexibility to incorporate new technologies without a major revamp of the requirement. (d) Has a sound risk mitigation approach for all identified technical risks; and

(e) Provides an effective approach to manage and minimize schedule and personnel disruptions.

Technical Capability Evaluation Factors

Subfactor 1: Provide supplies for the disposal of waste IAW Performance Work Statement dated (PWS) October 2014.

Proposal must clearly state how contractor will provide required supplies to dispose of waste in an appropriate manner (as described in paragraphs 2.1., 2.1.1., 2.1.1.1, 2.1.1.2., 2.1.1.3. and 2.1.1.4).

Subfactor 2: Remove discarded sample collection bottles IAW Performance Work Statement dated October 2014.

Proposal must clearly state how waste will be properly removed from premises within designated timeframes (as described in paragraphs 2.1.2., 2.1.2.1, 2.1.2.2., 2.1.2.3., and 2.1.2.4.)

Subfactor 3: Properly and sufficiently destroy all data on discarded sample collection bottles IAW Performance Work Statement dated October 2014.

Proposal must include a plan to ensure Privacy Act and Personal Identifiable Information (PII) data is disposed of in accordance with local, federal, and other laws and evidence thereof (as described in paragraphs 2.1.3., 2.1.3.1., 2.1.3.2. 2.1.3.2.1., 2.1.3.2.2, and 2.1.3.2.3.)

Subfactor 4: Properly and sufficiently destroy all urine and sample collection bottles IAW Performance Work Statement dated October 2014.

Proposal must include a clear process explaining how urine and containers will be disposed of in accordance with local, federal, and other laws in addition to providing evidence and certification of the disposition of both (as described in paragraphs 2.1.4., 2.1.4.1., 2.1.4.2, and 2.1.4.3.)

Subfactor 5: Start performance within one day of award IAW Performance Work Statement dated October 2014 (paragraph 2.1.5.).

(ii) Factor 2. Price (Part II: Price Proposal - Do not exceed 5 pages)

The price evaluation will document the reasonableness and affordability of the proposed total price based upon a comparison of the Offeror’s price to the Independent Government Estimate. When two or more technically acceptable offers are received (competition) and the lowest price is selected, the price of the lowest offeror can be concluded to be fair and reasonable. A price that is very low will be verified to assure that the offeror understands what is being asked for and has made no errors.

In accordance with FAR 15.403-1(b) and FAR 15.403-3 (a), information other than pricing data may be required to support price reasonableness or realism in the absence of competition. Information shall be provided in accordance with FAR 15.403-5. If, after receipt of the proposals, the contracting officer determines that there is insufficient information available to determine price reasonableness and none of the exceptions in FAR 15.403-1 apply, the Offeror shall be required to submit informal pricing data.

ATTACHMENT 6

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (MAY 2014)

(IAW FAR 12.301(b)(2))

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

http://www.acquisition.gov/

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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.

“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.

“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 the 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 https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (o) 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 is to 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, for general statistical purposes, 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.

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

(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— https://www.acquisition.gov/

(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.

(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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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)(11)(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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other 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.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-- Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(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

(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; and

(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 this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.

The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the…