SOLICITATION.pdf

FA9301-15-R-0009

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number is FA9301-15-R-0009. The solicitation is issued as a Request for Proposal (RFP) IAW FAR Parts 12 and 13, utilizing the test procedures in FAR subpart 13.5.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-78, DFARs Change Notice (DCN) DPN 20150129 and AFFARs AFAC 2014-1001.

This acquisition is a 100% Small Business Set Aside. For this acquisition, a concern will be considered small under NAICS 562991 with size standard of $7,500,000.00

Please review all attachments in their entirety:

ATTACHMENT 1: “CLIN_SLIN_Structure_Proposal_Sheet” (Contract Line Item/Sub Line Item)

ATTACHMENT 2: “Performance_Work_Statement”

ATTACHMENT 3: “Past_Performance_Questionnaire”

ATTACHMENT 4: “Technical_Evaluation_Checklist”

ATTACHMENT 5: “Wage_Determination_Kern”

ATTACHMENT 6: “Wage_Determination_Los_Angeles”

The contract line item numbers and items, quantities and units of measure pertaining to this requirement are identified on the following attachment:

“CLIN_SLIN_Structure_Proposal_Sheet”

The scope of the work to be acquired is set forth in the Performance Work Statement (PWS). The PWS and “CLIN_SLIN_Structure_Proposal_Sheet” are available for download via www.FBO.gov.

The Air Force Test Center (AFTC) Contracting Directorate, Edwards Air Force Base, CA is seeking to purchase the following service via Indefinite Delivery /Indefinite Quantity (IDIQ) contract:

The Air Force Test Center (AFTC), 412th Test Wing Civil Engineering (412 CE/CEOES), Edwards AFB, CA requires services to provide Chemical Toilets/Septic Tank services throughout Edwards Air Force Base (EAFB), the Air Force Research Laboratory (AFRL) and Plant 42 (Palmdale, CA). Chemical Toilets Services shall comply with all Federal, State, County and Local regulations. All chemical toilets and related services provided by the contractor shall meet the Portable Sanitation Industry commercial standard minimum requirements as identified in the Portable Sanitation Association International (PSAI) Guide to Clean Portable Restrooms, and the American National Standard Institute (ANSI), Non secured Waste-Disposal System.

Anticipated contract period of performance (PoP) is: 01 April 2015 – 31 March 2020

The minimum guarantee is for $72,000.00 The maximum quantity to be ordered is $999,999.99

Provision 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition along with the following addenda to the provision:

52.212-1(b) Addendum: Submission of Offers.

i) The Offeror's proposal must include all data and information requested herein and must be submitted IAW these instructions. Non-conformance with these instructions may result in an unfavorable proposal evaluation.

ii) Interested parties capable of providing the specified services must submit a written offer via email to 1LT Anthony Trevino, Contract Specialist, Anthony.Trevino.2@us.af.mil and Roberta Ross, Contracting Officer, Roberta.Ross@us.af.mil

iii) Do not send as an executable or .exe file. Any corrupted file or media containing a virus could result in the offer not being considered for award.

iv) Software Compatibility. Use a word processing and spreadsheet program compatible with Microsoft ® Word 2010 ® and Microsoft ® Excel 2010 ®. PDF is Adobe ® Portable Document Format.

v) There will be no Site Visit or pre-proposal conference prior to contract award.

Submit offer as follows:

ALL DOCUMENTS SHALL BE IN ONE OF THE FOLLOWING FILE FORMATS:

(.doc), (.docx), (.xls), (.xlsx), or (.pdf)

FACTOR (1): ALL SOLICTATION REQUIREMENTS ARE ADHERED TO AND

OFFEROR SUBMITS PROPOSAL IN ACCORDANCE WITH THE FOLLOWING

DIRECTIVES:

1. Technical Proposal

a) An altered Government PWS submitted as the Technical Proposal is not appropriate and will be considered technically unacceptable. The Technical Proposal will address the following factors:

FACTOR (2): Provide evidence of capabilities mailto:Anthony.Trevino.2@us.af.mil mailto:Roberta.Ross@us.af.mil

SUBFACTOR (a): Provide evidence of capability to provide/supply American Disability Act (ADA) compliant Chemical Toilets (See PWS 1.1)

SUBFACTOR (b): Provide evidence that Chemical Toilets proposed for use meet Portable Sanitation Industry commercial standards IAW ANSI Z4.3-2005 (See PWS 1.4.1)

SUBFACTOR (c): Provide evidence that proposed hand wash stations will be fully functional (to include water) and supplied with paper towels and hand soap (See PWS 1.5)

SUBFACTOR (d): Provide a detailed plan explaining how offeror will ensure chemical toilets and hand wash stations will be secured in windy conditions up to 70 MPH (See

PWS1.4.2.5)

SUBFACTOR (e): Offeror provides Chemical Toilet Service Plan IAW ANSI Z4.3-2005 (to include how offeror will record, maintain and post service records on each unit (See

PWS 1.4.2)

SUBFACTOR (f): Offeror Provides detailed plan for Plant 42 waste disposal (See PWS 1.9)

SUBFACTOR (g): Offeror provides detailed emergency response plan to address how the offeror will respond to an emergency situation within 4 hours. The emergency plan shall include:

i) Emergency Point of Contact (POC)

ii) Emergency POC 24 hour contact information (telephone/email)

iii) Emergency service and supply details including, but not limited to:

location of equipment for emergency use, qualified personnel available in the event of an emergency, and the offeror’s standard emergency operating procedures.

iv) (See PWS 1.7.1)

2. Past Performance Information

a) Offerors shall complete all Past Performance Information requirements. Failure to complete past performance information requirements will result in the proposal being incomplete and unacceptable.

FACTOR (3): Offerors have met all Past Performance Information requirements outlined below:

i) Offerors are required to submit 3 complete Past Performance Questionnaires.

Failure to provide 3 completed Past Performance Questionnaires will result in the proposal being incomplete and unacceptable.

ii) Past Performance Information will be submitted to the contracting office and

NOT the requestor (offeror) via email (Anthony.Trevino.2@us.af.mil and Roberta.Ross@us.af.mil).

iii) Past Performance Information will be completed using the

“Past_Performance_Questionnaire” attached to this solicitation. Individuals and/or companies completing the “Past_Performace_Questionnaire” will not alter the format of the questionnaire in any way. Failure to comply with this directive could result in the Past Performance Information requirement of the proposal being incomplete and unacceptable.

iv) It is the responsibility of the offeror to ensure that all questionnaires are completed and returned to the contracting office via email (Anthony.Trevino.2@us.af.mil and Roberta.Ross@us.af.mil) by the proposal response date: 10:00 A.M. PST on 12 March 2015

v) All potential offerors shall submit information from completed and/or current contracts within the last 5 years. If the offeror chooses to use a current contract for Past Performance Information, the offeror must have completed at least 1 year of performance by the date the questionnaire was completed. Past Performance Information is not limited to contracts completed or currently held with the Government, but inclusion of these contract types is highly encouraged. Past Performance Information may be gathered from Local, State, and City Government contracts as well as private contracts – regardless of contract type used for Past Performance Information, the information provided shall be IAW the “relevancy” terms provided below.

vi) Only relevant past performance information will be acceptable. Demonstrating ability to perform same or similar services with regards to scope, magnitude, and complexity as the services described in the PWS will be considered relevant.

3. Contracting Information

a) Offerors shall provide the following contracting information:

i) Provide the signature block of the individual authorized to make an offer which includes individual's name, title, e-mail address and phone number.

ii) Provide cage code, data universal numbering system (DUNS) number, and tax identification number as registered in the System for Award Management (SAM).

iii) Organizational Representatives. Provide a listing, in hierarchal succession of the

Offeror's points of contact delegated specifically for this requirement. Listing shall include names and titles, phone numbers, fax numbers and email addresses for each representative. List shall reflect both contracting and technical representatives for help desk issues and troubleshooting.

iv) If the remittance address is different from the mailing address, include all applicable remittance addresses.

v) Written acknowledgement of all applicable solicitation amendments.

4. Pricing Information.

a) CLIN/SLIN Structure Proposal Sheet

i) Submit completed copy of the Government-provided “CLIN_SLIN_Structure_Proposal_Sheet” containing the Offeror's proposed amounts. Enter pricing only on the Government “CLIN_SLIN_Structure_Proposal_Sheet”. Offeror shall NOT alter the “CLIN_SLIN_Structure_Proposal_Sheet” in any way with the exception of entering pricing. If the “CLIN_SLIN_Structure_Proposal_Sheet” is found to be altered in any way other than entering pricing, the action will be considered unacceptable. “CLIN_SLIN_Structure_Proposal_Sheet” unit prices shall be limited to two decimal places.

ii) Offeror shall submit proposal pricing for ALL 5 years AND 6 month option to extend services on “CLIN_SLIN_Structure_Proposal_Sheet”.

iii) Identify a CLIN/SLIN as "No Charge" by entering "NC" in the unit price.

iv) Include all applicable discounts in your pricing.

v) Provide a statement specifying that "all pricing in the proposal is Firm-Fixed”

Period of Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of offers.

(End of Addendum to Provision 52.212-1)

The provision at FAR 52.212-2, Evaluation of Offers-Commercial, applies to this solicitation along with the following addenda to the provision:

52.212-2 Addendum:

1) Evaluation Criteria. Award will be made to 1 Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation who conforms to the solicitation requirements; and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation meets the technically acceptable standard for the non-cost factors and provides the lowest evaluated price. The resulting award will be a Firm-Fixed Price IDIQ contract to a single contractor. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub factors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

i) Price. Initially offers shall be ranked according to the most favorable quoted firm fixed price with the lowest priced offer ranked first using the CLIN/SLIN Structure Proposal Sheet. Price will be evaluated based on the total contract price including the optional 6 month extension period. Price proposals should be reasonable and competitive. A price may be considered reasonable if the amount does not exceed that which would be paid by a prudent person in the conduct of competitive business. Prices may be considered competitive if they are comparable to other prices that are determined to be reasonable. Offers should be sufficiently detailed to demonstrate their reasonableness. The burden of proof for credibility of proposed prices rests with the offeror.

ii) Technical Acceptability. Offerors must “Pass” ALL Technical Acceptability factors and sub-factors identified above and in accordance with the criteria set forth in the attached “Technical_Evaluation_Checklist”.

iii) If the lowest priced evaluated offer is judged to be – Technically Acceptable on all Technical factors and sub-factors and the offeror is determined to be responsible, that offer is deemed the most advantageous to the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

iv) If the lowest priced offeror is not judged to be – Technically Acceptable on all Technical factors and sub-factors, the next lowest priced offeror will be evaluated and the process will continue (in order by total price) until an offeror is judged to be Technically Acceptable on all Technical factors and sub-factors.

v) The Government reserves the right to request Offerors to clarify certain aspects of their proposal to resolve minor or clerical errors.

(End of Addendum to Provision 52.212-2)

Offerors are highly encouraged to complete all Representations and Certifications electronically at the following website: https://sam.gov/. If not completed on-line, Offerors must include a completed copy of the provisions at FAR 52.212-3, which can be obtained at http://farsite.hill.af.mil, FAR Part 52 or online at https://sam.gov/.

The Following Clauses and Provisions Are Incorporated by Reference:

52.202-1 – Definitions 52.203-3 – Gratuities 52.203-5 – Covenant Against Contingent Fees 52.203-7 – Anti-Kickback Procedures 52.203-12 – Limitation on Payments to Influence Certain Federal Transactions 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.204-4 – Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7 – System for Award Management 52.204-8 – Annual Representations and Certifications 52.204-9 – Personal Identity Verification of Contractor Personnel 52.204-13 – System for Award Management Maintenance 52.212-1 – Instructions to Offerors – commercial items 52.212-4 – Contract terms and conditions – commercial items 52.215-1 – Instructions to Offerors – competitive 52.215-8 – Order of Precedence – Uniform Contract Format 52.222-50 – Combating Trafficking Persons 52.223-17 – Affirmative procurement of EPA-designated items in service and construction contracts 52.223-5 – Pollution Prevention and Right to know 52.223-6 – Drug-free Workplace 52.225-25 – Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications 52.228-5 – Insurance work on a government installation 52.229-3 – Federal State, and Local Taxes 52.232-17 – Interest 52.232-23 – Assignment of Claims 52.232-39 – Unenforceability of unauthorized obligation 52.232-40 – Providing accelerated payments to small business subcontractors 52.233-1 – Disputes 52.237-2 – Protection of government buildings, equipment, and vegetation 52.242-13 – Bankruptcy 52.246-4 – Inspection of Services – fixed price 52.247-34 – FOB Destination 52.253-1 – Computer generated forms 252.201-7000 – Contracting Officer’s Representative 252.203-7000 – Requirements Relating to Compensation of Former DoD Officials 252.203-7002 – Requirement to Inform Employees of Whistleblower Rights 252.203-7005 – Representation Relating to Compensation of Former DoD Officials 252.204-7004 – Alternate A, System for Award Management 252.204-7006 – Billing Instructions , in solicitations and contracts 252.204-7007 – Alternate A, Annual Representations and Certifications

252.204-7011 – Alternative Line Item Structure 252.204-7012 – Safeguarding of Unclassified Controlled Technical Information 252.209-7004 – Subcontracting with Firms that are owned or controlled by the government of a terrorist country 252.215-7007 – Notice of Intent to Re-solicit 252.215-7008 – Only one Offer in competitive solicitations

252.223-7004 – Drug Free Work Force 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 – Wide Area WorkFlow Payment Instructions 252.232-7010 – Levies on Contract Payments 252.246-7004 – Safety of Facilities, Infrastructure, and Equipment for Military Operations 5352.223-9000 – Elimination of Class I Ozone Depleting Substances (ODS)

The Following Clauses and Provisions are Incorporated by Full Text:

52.209-7 – Information Regarding Responsibility Matters.

Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision) https://www.acquisition.gov/

52.212-2 -- Evaluation -- Commercial Items.

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:

Lowest Price Technically Acceptable IAW the terms set forth in the solicitation.

Technical and past performance, when combined, are Approximately equal to cost or price

(b) Option to Extend Services. 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

Offeror Representations and Certifications -- Commercial Items (Dec 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

http://www.acquisition.gov/

“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.

“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 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;

(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.

“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.

“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 SAMwebsite.

(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 (p) 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 https://www.acquisition.gov/ 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 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—

(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) 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:

(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 total anticipated price of…