Attachment_1_-_FA9301-17-R-0012__Asphalt_BPA_Solicitation.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes as the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation document, incorporated provisions, and clauses are those in effect through the

Federal Acquisition Circular (FAC) 2005-89 and Defense Acquisition Circular (DPN) 20161104.

The solicitation number is FA9301-17-R-0012. This Request for Quotation (RFQ) is issued for a FAR

Part 13.303 Blanket Purchase Agreement (BPA) for Asphalt Delivery and Oil Striping at Edwards AFB and Air Force Research Lab (AFRL). Resultant orders of the BPA will be Firm-Fixed- Price.

This requirement was previously posted under solicitaiton number FA9301-16-R-0006. Section 1.2.1 of the Statement of Work (Attachment 4 of the previous solicitation) incorrectly identified a 50/50 oil to water ratio for oil striping. The correct ratio is 60/40. The corrected Statement of Work is posted as

Attachment 4 to this solicitation. Questions and answers from the previous solicitation are included as

Attachment 6 – Responses to Questions FA9301-16-R-0006.

This acquisition is a 100% Total Small Business Set Aside. The North American Industry Classification

System (NAICS) code is 237310, Highway, Street, and Bridge Construction. Small Business Size

Standard is $36.5 million.

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: Lowest Price Technically Acceptable.

Please note the following: 1) Pricing submitted in response to this RFQ shall remain in effect until 31

Dec 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 04:00 P.M. PT, 18 Nov 2016. Received questions and Government responses will be posted to

Federal Business Opportunities (FBO) website, www.fbo.gov, as an Amendment to the solicitation.

The Government projects establishment of multiple BPAs for this requirement. Period of Performance is projected to be 01 Jan 2017 through 31 Dec 2021. Quote submittal: Quotes submitted in response to the

RFQ must be submitted no later than 12:00 PM PT, 30 Nov 2016.

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

(i) Request For Quote (RFQ) is issued for a Blanket Purchase Agreement (BPA) for Asphalt and Oil

Striping.

(ii) Applicable NAICS is 237310. (iii) Date of Performance: See BPA Terms and Conditions. (iv) Place of service: Edwards AFB (Main Base), Edwards AFB, CA 93524 (Kern County)

(v) Delivery and Acceptance: Inspection is at Destination by Government and Acceptance is at

Destination by Government. FOB Destination.

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

(vii) The attachments provided are:

1 FA9301-17-R-0012

Attachment 1 http://www.fbo.gov/

Attachment 1 RFQ

Attachment 2 Price List (to be completed/submitted with Quote)

Attachment 3 Statement of Work (SOW)

Attachment 4 Estimated Quantities

Attachment 5 Wage Determination

Attachment 6 Questions and Answers – FA9301-16-R-0006

(viii) Quotes must be submitted via email no later than 12:00 P.M PT. 30 Nov 2016.

(viiii) Contract Specialist is Suzanne McLaughlin, 661-277-1992, suzanne.mclaughlin.2@us.af.mil.

Contracting Officer is Alex Weichold, 661-277-2516, alex.weichold@us.af.mil.

The following provisions and clauses apply to this acquisition and can be viewed through internet access at the Air Force FAR Site, http://farsite.hill.af.mil, in accordance with 52.252-1 and 52.252-2.

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 instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested.

C. Instructions for submitting a quote: Complete Attachment 2 “Asphalt and Oil Striping Price

List”. Complete and submit Provisions 52.212-3 Alt 1 and 52.209-11 if this entity information is not current in System for Award Management (SAM).

D. Potential offerors are required to submit a Capability Statement and company information supporting experience in the type of work detailed in Attachment 3 – Statement of Work.

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

The Government may establish multiple BPAs resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factor shall be used to evaluate offers: Price and capability information.

Terms and Conditions: Prepriced Blanket Purchase Agreement

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 offered for asphalt delivery and lakebed oil striping covered under the contractor’s quotation when and if called for by the

Contracting Officer or his designated representative during the delivery period specified. The contractor shall provide all tools, supplies, equipment, and qualified personnel necessary to mix and apply Oil Striping and Number Marking of the Lakebed Runways at Edwards Air Force

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Attachment 1 mailto:alex.weichold@us.af.mil http://farsite.hill.af.mil/

Base, California. The Contractor will provide all the equipment necessary to mix and apply the product. The Contractor shall operate the required vehicles and equipment necessary to perform the Oil Striping and Marking in accordance with the contract and the appropriate product manufacturer’s recommendations. The Contractor shall ensure the applied product meets or exceeds the appropriate Federal, state, and local Environmental Protection Agency (EPA) standards. The Contractor shall perform any corrective maintenance due to unscheduled equipment breakdowns and deficiencies during the application process. The Contractor shall be responsible for the cleanup of any amount of spillage of the product during delivery, mixing, and application. The Contractor shall provide the supply or services as specified by the Contracting

Officer or designated representative during the period specified.

(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. Call 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: Individual purchase (call) placed against this agreement shall not exceed $25,000.00

BPA Master Dollar Limit: $2,500,000.00

Period of Performance: Projected to be 01 Jan 2017 through 31 Dec 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 so listed will not be honored.

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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: FA9301-17-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 BPA establishment.

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 three (3) business days after the call to coordinate with the PM for delivery and installation of the BPA requirements. Ultimate delivery will dependent on the individual order. The contractor and PM will determine the delivery date on an individual requirement.

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 their full text available IAW FAR 52.107(b).

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b. Competition: BPA holders are highly encouraged to submit quotes for all work in an effort to promote competition and provide for fair opportunity. A ‘No Bid’ response is not considered a quote.

c. Response Times: The Contractor is required to respond via telephone to all notifications of work within 2 business days.

d. Contract and Project Manager: The Contractor shall provide a contract/project manager who shall be responsible for the overall management and coordination of the work required under this BPA. The name of this person and alternate(s) shall be designated in writing to the PM and CO at BPA start date. The contract manager or alternate(s) shall be available by phone and provide a 24 hour phone number in order to respond to the requirements of this contract. The contract and project manager along with any alternate(s) must be able to read, write, speak and understand the English language.

e. Employees:

i. Contractor employees shall be U.S. citizens or have the legal right to be in, and work in, the U.S.A. Foreign born employees will be required to show proof of citizenship, or proof of right to be in, and work in, the U.S.A. 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.

ii. Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installations in conjunction with this contract and shall be accomplished through the wearing of distinctive clothing bearing the company name or logo ensuring that it identifies Contractor personnel easily and quickly for reasons of security, safety and personal protection.

f. Vehicles: The Contractor shall provide and maintain all equipment and 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 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 performing services in accordance with this BPA.

Vehicle failure shall not alleviate the contractor from performing any requirement contained in this contract.

g. 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

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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.

h. Hours of Operation: The contractor shall provide services 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.

i. Security Requirements:

i. 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 throughout the base.

Procedures for commercial vehicle access to the base are subject to change without prior notice.

The contractor manager 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 denial of employee entry to the base.

ii. The Civil Engineer security manager will require of each employee a photo state identification card or driver license, 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.

j. Regulations and Standards:

i. The contractor shall comply with all Edwards Air Force Base and AFRL safety standards and all OSHA standards. Resolution of citations for violations of Occupational Safety, Health Act Safety, and Health Standards is the contractor’s responsibility.

ii.. All debris shall become the property of the contractor unless specifically exempted in the specifications and shall be disposed of by the contractor outside of EAFB and AFRL in accordance with local, state and federal environmental regulations.

k. Quality Assurance: The Government will evaluate contractor’s performance through on-site inspections of contractor’s performance and/or receipt of complaints from base personnel. Any unsatisfactory inspection (defect) result shall be recorded, and the Contractor shall re-work within one day after notification.

l. Customer Complaints: The PM will receive and investigate complaint(s). The PM shall be responsible for initially validating customer complaints. The CO shall make final determination of the validity of customer complaint(s) in cases of disagreement with the PM and the

Contractor. Validated customer complaints shall be re-performed by the contractor within two hours of notification.

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m. 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 obtain the utilities from the existing systems/outlets.

n. 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

52.202-1; 52.206-6 Alt 1; 52.203-7; 52.203-17; 52.204-7; 52.204-10; 52.204-13; 52.204-19; 52.209-2;

52.209-6; 52.209-10; 52.209-11; 52.212-1; 52.212-4; 52.219-1; 52.219-1 Alt I; 52.219-6; 52.219-28;

52.222-3; 52.22-17; 52.222-21; 52.222-22; 52.222-25; 52.222-26; 52.222-35; 52.222-36; 52.222-37;

52.222-40; 52.222-41; 52.222-50; 52.223-5; 52.223-6; 52.223-17; 52.225-13; 52.225-25; 52.232-1;

52.232-23; 52.232-33; 52.232-39; 52.232-40; 52.233-1; 52.233-3; 52.233-4; 52.237-1; 52.237-2; 52.242-

13; 52.247-34; 252.201-7000; 252.203-7000; 252.203-7002; 252.203-7005; 252.204-7003; 252.204-

7004- Alt A; 252.204-7006; 252.204-7008; 252.204-7011; 252.204-7012; 252.215-7007; 252.223-7004;

252.223-7006; 252.232-7003; 252.232-7010; 252.246-7004; 5352.223-9000; 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 (Mar

2016)

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--

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Attachment 1 http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/

“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.

“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;

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(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

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(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.

(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

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https://www.acquisition.gov/

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, 11 FA9301-17-R-0012 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)

12 FA9301-17-R-0012

(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.:

13 FA9301-17-R-0012

(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

14 FA9301-17-R-0012

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.

15 FA9301-17-R-0012

(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 offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the…