RFQ_FA9301-16-R-A010_Propane_BPA.pdf

ATTACHMENT 1 FA9301-16-R-A010

This is a combined synopsis/solicitation for commercial items (supply) prepared in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are requested and a written solicitation will not be issued. The solicitation document, incorporated provisions, and clauses in effect are IAW Federal Acquisition Circular (FAC) 2005-87-correction, DFAR (DPN) 20160325, and Air Force Acquisition Circular

(AFAC) 2015-1001.

The solicitation number is FA9301-16-R-A010. This Request for Quotation (RFQ) is issued according to FAR Part 13.303, Blanket Purchase Agreements (BPAs) for the acquisition of Liquefied Petroleum Gas (Propane) for replenishment of storage tanks located throughout Edwards AFB, the Air Force Research Laboratory (located on Edwards AFB), and Air Force Plant 42 located in Palmdale, Ca. Orders for Propane placed under the resultant BPA will be Firm-Fixed Price.

This acquisition is a 100 percent Small Business Set-Aside. The North American Industry Classification System (NAICS) code is 324110, Petroleum Refineries. The Small Business Size Standard is 1,500 employees.

Offers (Quotes) received in response to this solicitation will be evaluated IAW FAR 52.212-2(a) using the following factor(s) to determine best value: PRICE. Please note the following: 1) Pricing submitted in response to this RFQ shall remain in effect until June 30, 2016; 2) Contractors interested in submitting an offer (Quote) must acknowledge the requirement that prospective awardees shall be registered in the System for Award Management (SAM) prior to award, during performance, and through final payment of a contract agreement or BPA, IAW FAR 52.204-7, System for Award Management. Also, IAW FAR 52.204-13, System for Award Management Maintenance; a contractor is responsible for the accuracy and completeness of the data within the SAM database and is required to review and update their SAM registration on an annual basis.

Questions and Government Response: All questions concerning this solicitation must be submitted no later than 4:00 P.M. (Pacific), April 22, 2016. Any questions that are received in conjunction with this solicitation and the corresponding responses by the Government will be posted as an Amendment to Federal Business Opportunities (FBO), website: www.fbo.gov.

The Government anticipates establishing two BPAs for this requirement. Establishment of the BPAs is estimated to occur 1 June 2016. The projected Period of Performance is 1 June 2016 through 31 May 2021. Please Note: Attachment 2, “Propane Delivery Price List” and Attachment 3, “DFARS 252.209- 7991” must be completed and returned with the Quote.

http://www.fbo.gov/

The following is a summary of the terms contained in this solicitation:

(i) A request For Quote (RFQ) is issued for establishment of a Blanket Purchase Agreement (BPA) for replenishment of storage tanks with Propane.

(ii) Applicable NAICS is 324110.

(iii) Date of Performance: See BPA Terms and Conditions, Paragraph 5 (below).

(iv) Place of service:

Site A: Edwards AFB (Main Base), Edwards AFB, CA 93524 (Kern County) Site B: Air Force Research Laboratory, Edwards AFB 93524 (Kern County) Site C: Air Force Plant 42, Palmdale, CA 93550 (Los Angeles County)

(v) Line items 0001, 0002, and 0003 for the resultant BPA are shown in the Price List, Attachment 2.

(vi) The provision at FAR 52.212-3, applies to this acquisition and is included in this RFQ.

(vii) The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items applies to this acquisition.

(viii) The following clause applies: FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Deviation 2013-O0019) (Mar 2016). This clause is included in the RFQ.

(ix) Delivery and Acceptance: Inspection and Acceptance at Destination by Government Representative.

Terms for Delivery: FOB Destination.

(x) The Defense Priorities and Allocations System (DPAS) and rating do not apply to this RFQ.

(xi) The attachments are as follows:

Attachment 1: RFQ Attachment 2: Propane Delivery Price List Attachment 3: DFARS 252.209-7991, (Check applicable blocks (“is” or “is not”) accordingly, sign the document (authorized company official), and return the completed document with Quote.

(xii) Quotes must be submitted via email no later than 12:00 p.m., Pacific on April 29, 2016.

(xiii) Contract Specialist is John Wagner at 661-277-2546, email: john.wagner.15@us.af.mil; Contracting Officer is Alex Weichold at 661-277-2516, email: alex.weichold@us.af.mil.

The following provisions and clauses apply to this acquisition and can be accessed at the following site:

http://farsite.hill.af.mil, in accordance with 52.252-1, Solicitation Provisions Incorporated by Reference and 52.252-2, Clauses Incorporated by Reference.

The provisions at 52.212-1, Instruction to Offerors-Commercial Items.

A. To assure timely and equitable evaluation of the quote, the offeror must follow the mailto:john.wagner.15@us.af.mil mailto:alex.weichold@us.af.mil http://farsite.hill.af.mil/ instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The Contracting Officer (CO) has determined there is a high probability of adequate price competition in this acquisition. Offers (quotes) received by the due date will be reviewed by the Contracting Officer to determine if adequate price competition exists and therefore no additional pricing information will be requested.

C. The contractor shall complete and submit Attachment 2, Price List and Attachment 3 DFARS 252.209-7991 Clause.

The provisions at 52.212-2, Evaluation – Commercial Items.

The Government may establish two BPAs as a result of this solicitation. The resultant BPAs will go to respondents of this solicitation who have submitted timely responses conforming to the solicitation and is considered most advantageous to the Government. The following factor shall be used to evaluate offers: Price.

TERMS AND CONDITIONS

PREPRICED BLANKET PURCHASE AGREEMENT

Propane Delivery for Edwards AFB, Air Force Research Lab (Edwards AFB), and Air Force Plant 42

1. NEGOTIATION AUTHORITY: The issuance of individual calls under this blanket purchase agreement will be made under the authority of 10 USC 2304 (g).

2. DESCRIPTION OF AGREEMENT: This agreement is established for the delivery of Propane to resupply Propane tanks ranging in size up to 10,000 gallons. The storage tanks subject to resupply are located at multiple facilities throughout Edwards Air Force Base (EAFB), the Air Force Research Laboratory (AFRL), and Air Force Plant 42 of Palmdale, CA. Propane deliveries are initiated by a call (order) placed by the Contracting Officer or designated representative during the delivery period specified. The price list submitted by the contractor in response to the RFQ will serve as the basis for pricing. The contractor shall provide all management, personnel, tools, vehicles, supplies, materials, equipment, and labor necessary for delivery of Propane in accordance with federal, state, and local environmental laws and regulations. The contractor shall comply with government and commercial standards for the transport and delivery of Propane.

The contractor shall also provide repairs on an as needed basis, not to exceed $2,500, to be paid by Government Purchase Card (GPC). These services shall include repairs necessary to maintain safe working condition of all Propane tanks that are resupplied by the contractor. Repairs are considered minor in nature and include repairing leaks of gauges, relief valves, pressure regulators, vent valves, fill check valves and associated pipe fittings. If replacement of these devices and fittings become necessary; proper size, volume requirements and tank nomenclature will be applied. Burn-off of Propane to repair or replace devices/fittings shall be considered part of the repair service. If Propane burn-off becomes necessary, an approved AF Form 592 (Welding, Cutting and Brazing Permit) must be accomplished before burn-off is initiated. Civil Engineer HVAC Section will submit the permit for approval. Escort to each Propane tank location for deliveries and repairs will be facilitated by Civil Engineer HVAC personnel.

(a) This Agreement, including Paragraphs a and b hereof, may be modified or may be canceled in its entirety by either party upon thirty (30) days written notice to the other party, except that this Agreement may be canceled by the US Government at any time if the parties fail to agree upon any deletion, amendment or addition to this Agreement which is required by statute, Executive Order, the FAR and/or this Supplement. No deletion, modification, addition to, or cancellation of this Agreement shall affect any contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

(b) This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform within all requirements of statues, Executive orders, or the FAR and this Supplement. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

3. EXTENT OF OBLIGATION: The US Government is obligated only to the extent of authorized calls actually placed against this blanket purchase agreement and shall not be liable in any manner in the event no calls are made.

4. PRICING: The Contractor hereby warrants that the prices to the US Government shall be as low as or lower than those charged to the Contractor’s most favored customer, in addition to any discounts for prompt payment. Calls will be made for only the items that appear on the APPROVED PRICE LIST. Negotiation or solicitation for prices and additional requirements will be conducted by the Contracting Officer only.

5. PURCHASE (CALL) LIMITATION: No individual purchase (call) placed against this agreement shall exceed $25,000.00.

BPA Master Dollar Limit: $1,000,000.00 Period of Performance: Projected to be 01 June 2016 through 31 May 2021.

6. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: A list of individuals authorized to place calls under this agreement, identified by office and phone number, will be furnished to the Contractor by the Contracting Officer by separate letter. Calls received by the Contractor from personnel not found on this list will not be honored.

7. DELIVERY TICKETS: All shipments or deliveries under this agreement will be accompanied by one Delivery Ticket or Sales Slip which shall contain the following minimum information:

(1) Name of Supplier

(2) Blanket Purchase Agreement Number and Call Number. The last four digits represent the call number. (ex: FA9301-16-A-XXXX-0001)

(3) Date of Purchase (Call).

(4) Itemized list of Supplies or Services Furnished.

(5) Quantity, Unit Price, and Extension of each item less applicable discounts.

(6) Date of Delivery or Shipment

(7) Name of Individual Placing Call.

(8) Submit invoices to: Program Manager and Contract Administrator. Contact information to be provided at time of award.

8. INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this Blanket Purchase Agreement, whichever occurs first, for all deliveries made during a billing period; identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipted copies of the delivery tickets.

9. CALLS: Calls (purchases) will be made orally or by informal correspondence. Contractor personnel receiving such calls verbally should assure themselves that sufficient information is obtained to prepare the delivery ticket as required by Paragraph 7, of this Agreement.

10. DELIVERIES:

The contractor has two (2) business days after the call to schedule and make delivery.

11. RESPONSIBILITY: Only the Contracting Officer(s) or the designated representative(s) is/are authorized to request supplies under this agreement.

12. DESIGNATED REPRESENTATIVE: The person(s) designated on the list furnished by the Contracting Officer (see paragraph 6 of this agreement) is/are the representative(s) of the Contracting officer for the purpose of technical supervision, inspection and acceptance under this Blanket Purchase Agreement.

13. ADDITIONAL TERMS AND CONDITIONS OF BLANKET PURCHASE

AGREEMENT

a. Agreement: This agreement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request the Contracting Officer will make the full text available IAW FAR 52.107(b).

b. Competition: Due to fluctuations in the market price of Propane, BPA holders are encouraged to submit quotes for all orders (calls placed under the agreement) in an effort to promote competition and provide for fair opportunity. A ‘No Bid’ response is not considered a quote.

c. Contract Manager: The Contractor shall provide a Contract Manager or Point of

Contact (POC), who shall be responsible for the overall management and coordination of Propane deliveries requested under this BPA. The name of this person and alternate(s) shall be designated in writing to the PM and CO at the BPA start date. The POC or alternate(s) as designated by the Contractor shall be available by phone during normal business hours. The POC and alternate(s) must be able to read, write, speak and understand the English language

d. Employees: Contractor employees shall be U.S. citizens or have the legal right live and work in the U.S. Foreign born employees will be required to show proof of citizenship, or proof of the right to work in the U.S. The contractor shall not employ persons who are identified to the contractor by the CO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

The contractor shall not employ any person who is an employee of the U.S. Government if it presents a conflict of interest per DoD Directive 5500.7; applies to both military and civilians. The on-site contract employees must be able to read, write, speak and understand the English language.

Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while present on the installations pertinent to the contract. This requirement shall be accomplished through the wearing of distinctive clothing bearing the company name or logo thereby ensuring Contractor personnel are easily and quickly identified for reasons of security, safety and personal protection.

e. Vehicles: The Contractor shall provide and maintain all vehicles necessary to perform the requirements of this contract. Contractor vehicles shall have the company name prominently displayed on both sides of the vehicle and each vehicle shall be maintained to present a neat, professional appearance. All Contractor vehicles shall be properly registered, licensed and insured. The Government may inspect the contractor’s vehicles at any time and direct the removal of any unsafe or unusable vehicle from the installation. Contractor vehicles shall be used solely for the intended purpose of delivering Propane and performing minor repair services identified in this BPA. Vehicle failure shall not alleviate the contractor from performing any requirement contained in this agreement.

f. Equipment: The Contractor shall provide and maintain all equipment necessary to perform the requirements of this BPA. Equipment found to be unsafe or unable to function as designed, shall not be used in performance of this BPA. The Government may inspect the contractor’s equipment at any time and direct the removal of any unsafe or unusable equipment from the installation. The contractor shall provide adequate numbers of equipment items to effectively fulfill the scope of this BPA. Equipment failure shall not alleviate the contractor from performing any requirement contained in this BPA.

g. Hours of Operation: The contractor shall deliver Propane between the hours of 0700 and 1700 Monday through Friday, except for federal holidays. Occasionally, work may be required outside of normal duty hours, i.e. evenings and weekends. Any work outside of normal duty hours will be identified prior to issuing a call.

h. Security Requirements:

(1) The contractor shall comply with all base security regulations. These regulations are available for review from the CO. Security and base access requirements are contained in clause AFFARS 5352.242-9000 “Contractor Access to Air Force Installations.” Contractor employees will be required to obtain and display identification badges at all times. Anticipate delays in getting commercial vehicles on base and allow time for commercial vehicles to reach their destination by driving designated routes at posted speed limits. Procedures for commercial vehicles to access the base are subject to change without prior notice. Contractor management shall ensure each employee obtains all applicable pass and identification items for contractor personnel and non-government owned vehicles. Failure to obtain necessary items could result in denying the employee/vehicle entry to the base.

(2) The Civil Engineer security manager will require each Contractor employee to provide an official state identification card with photo or driver license; the employee’s social security number, date of birth and birth location in order to process employee approval for base access. The government reserves the right to request additional information if necessary.

i. Regulations and Standards:

(1) The contractor shall comply with all Edwards AFB, AFRL, and Air Force Plant 42 safety standards in addition to all applicable OSHA standards. Resolution of citations for violations of the Occupational Safety and Health Act and the Work Health and Safety Act is the Contractor’s responsibility. Contractor personnel functioning as drivers are to have in their possession a California Driver License with endorsements to signify the driver is authorized to transport Hazardous Materials or Fuels and to signify compliance with certifications mandated by the State of California. Delivery drivers must have 40-hour HazMat Training Certificates dated within 5-years and must have current HazMat Certification for compliance with applicable Local, State and Federal agencies in the transport and dispensing of Propane into authorized tanks or receptacles.

j. Quality Assurance: The Government will evaluate Contractor performance through on-site inspections of Contractor personnel engaged in the delivery of Propane and/or while performing minor repairs. Contractor Employees are expected to maintain compliance with all applicable statutes and directives governing the safe handling and dispensing of Propane. Violations of any safety laws or regulations noted during an inspection will result in halting the operation in progress until the unsafe condition can be corrected or mitigated.

The Contractor shall report to Government personnel discrepancies with any Propane tank and/or associated devices discovered while performing deliveries of Propane. The Government PM or authorized representative shall determine the course of action to fix discrepancies prior to continuation of Propane deliveries.

k. Customer Complaints: The PM will receive and investigate customer complaints regarding Contractor performance. The PM shall perform an initial validation of each customer complaint prior to review by the Contracting Officer (CO). Also, the CO shall make the final determination of the validity of the complaint in instances of disagreement between the PM and the Contractor. Validated complaints shall be handled as appropriate to ensure the discrepancy is corrected and future deliveries of Propane are conducted in a safe manner.

l. Government Furnished Services: The Government will furnish electricity, water and sewage service as necessary for accomplishment of work on this BPA. The Contractor shall furnish all transportation, equipment, material and labor necessary to utilize the utility services as necessary from existing systems/outlets.

m. Utility Conservation: The Contractor shall adhere to all base level utility conservation practices or requirements. The Contractor shall be responsible for operating under conditions that prevent waste of utilities.

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.204-7; 52.204-10; 52.204-13; 52.204-16; 52.204-18; 52.209-2; 52.209-6; 52.209-7; 52.209-10; 52.211- 16; 52.211-17; 52.212-1; 52.212-2; 52.212-3; 52.212-3 Alt I; 52.212-4; 52.219-1; 52.219-1 Alt I; 52.219-6;

52.219-8; 52.219-28; 52.222-3; 52.222-19; 52.222-20; 52.222-21; 52.222-25; 52.222-26; 52.222-35;

52.222-36; 52.222-37; 52.222-40; 52.222-50; 52.223-5; 52.223-18; 52.225-13; 52.225-25; 52.232-15;

52.232-33; 52.232-39; 52.232-40; 52.233-1; 52.233-2, 52.233-3; 52.233-4; 52.246-2; 52.246-16; 52.247- 34; 52.249-2; 52.252-1; 52.252-2; 52.252-6; 252.203-7002; 252.203-7005; 252.204-7003; 252.204-7004;

252.204-7004- Alt A; 252.204-7006; 252.204-7008; 252.204-7011; 252.204-7012; 252.209-7991;

252.222-7007; 252.223-7006; 252.223-7008; 252.225-7048; 252.232-7003; 252.232-7006; 252.232- 7010; 252.243-7001; 252.244-7000; 252.247-7022; 252.247-7023; 252.247-7024; 5352.201-9101;

5352.223-9000; 5352.223-9001; 5352.242-9000

PROVISIONS INCORPORATED BY FULL TEXT

Provision 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm

Provision 52.212-3 Alt 1 – Offeror Representations and Certifications – Commercial Items (Nov 2015)

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.

“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 product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/

“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 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 (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 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.

https://www.acquisition.gov/

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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 $3,500 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…