HQ0727-17-T-0004_Combined_synopsis_solicitation_9Nov16.docx

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

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-89-2 effective 1 Nov 2016. See http://farsite.hill.af.mil/ for the full text of all provisions and clauses incorporated by reference herein.

This combined synopsis/solicitation is being issued as Full and Open, using North American Industry Classification System (NAICS) code 561730-- Landscaping Services. Small businesses are encouraged to submit proposals/quotesfor consideration.

The purpose of this task is to purchase landscaping services.

This combined synopsis & solicitation notice is a request for competitive quotes. Therefore, all quotes from responsible sources prior to the RFQ close date will be considered by the Defense Microelectronics Activity (DMEA).

Section B - Supplies or Services and Prices

Landscaping Services for DMEA Campus

FFP

Perform grounds maintenance/landscaping services IAW Performance Work Statement (PWS) 16-6J1 dated 20 September 2016.

FOB: Destination

PURCHASE REQUEST NUMBER: HQ072772474

NET AMT

000101

Funding for CLIN 0001

FFP

Funding for the base year.

NET AMT

FFP

Perform grounds maintenance/landscaping services IAW Performance Work Statement (PWS) 16-6J1 dated 20 September 2016.

NET AMT

FFP

Perform grounds maintenance/landscaping services IAW Performance Work Statement (PWS) 16-6J1 dated 20 September 2016.

NET AMT

FFP

Perform grounds maintenance/landscaping services IAW Performance Work Statement (PWS) 16-6J1 dated 20 September 2016.

NET AMT

FFP

Perform grounds maintenance/landscaping services IAW Performance Work Statement (PWS) 16-6J1 dated 20 September 2016.

NET AMT

Site Visit:

DMEA plans a site visit for interested Contractors to visit the site and clarify any requirements. The site visit will be held on 15 November 2016 @ 0900 Hrs to 1030 Hrs. Those desiring to attend are limited to two personnel at the visit and both must be U.S. Citizens. Attendees will be required to provide proof of U.S. citizenship. Upon checking into the DMEA Building 1 (620) Lobby, located at 4234 54th Street, McClellan, CA 95652-2100. Please have a current U.S. Passport or valid US driver’s license and birth certificate.

Interested parties must respond NLT 14 Nov 2016, and provide the following info for both attendees:

(a) Name

(b) Phone Number

(c) Email address

(d) Title/Position

(e) Company worked for

(f) Confirmation of U.S. Citizenship

The contractor shall provide the same commercial warranties offered to the public of the services being provided.

Offerors must submit representations and certifications in accordance with the provision at FAR 52.212-3 Offeror Representations and Certifications—Commercial Item. (Accessible at the FAR Site, http://farsite.hill.af.mil)

FAR Clauses 52.212-1 through 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions, please see http://farsite.hill.af.mil.

Each offeror shall provide a quote, for the services requested.

The Government will award a Firm Fixed Price contract resulting from this solicitation to the offeror whose quote conforming to the solicitation represents the best value to the Government, price and other factors considered. See FAR 52.212-2, as provided by the solicitation for evaluation criteria.

FAR Clause 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, has the lowest price and is technically acceptable.

Offerors are required to complete representations and certifications found in the provision at FAR 52.212-3 Alt I, if they have not been completed in System for Award Management (SAM).

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

The work contemplated by this requirement will be performed at 4234 54th Street, McClellan, CA 95652 Bldgs.’ 1 & 2.

Offers shall be received by the contract specialist by 0900 Hrs (Pacific Time) 28 November 2016. Offerors shall send their offers by email to Jarrod Washington at jarrod.washington@dmea.osd.mil.

SOLICITATION PROVISIONS/CONTRACT CLAUSES:

The following FAR & DFARS provisions and clauses apply to and are incorporated in the solicitation either by reference or in full text:

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

DMEA 16-6J1

9 November 2016 Project Coordinator: Leilani Fiorentini, DMEA/MEDA, (916) 999-2634

1.0 SCOPE

1.1 TITLE: Grounds Maintenance and Landscape Services

1.2 APPLICABILITY: DMEA Grounds Maintenance and Services

1.3 BACKGROUND: The Defense Microelectronics Activity (DMEA) complex at 4234 54th Street, McClellan, CA consists of three facilities: Building 1, Building 2 and the Central Utility Plant (CUP). This contract is to maintain grounds maintenance around both DMEA facilities and all parking lots.

1.4. PURPOSE: The purpose of this task is to maintain healthy grass, trees, shrubs and plants and present a clean, neat and professional appearance around both DMEA facilities and all parking lots.

2.0. REFERENCE GOVERNMENT PROVIDED ACCESS:

3.0 REQUIREMENTS:

3.1 GENERAL REQUIREMENTS: The Contractor shall provide all labor, equipment, tools, materials, supervision, and all other items and services necessary to ensure that grounds maintenance is performed at DMEA in a manner that will maintain healthy grass, trees, shrubs and plants and present a clean, neat and professional appearance around both DMEA facilities and all parking lots of the Defense Microelectronics Activity (DMEA) at McClellan, California.

3.2 TASK REQUIREMENTS:

3.2.1. Mow Improved Grounds (See Attachment A): The Contractor shall perform mowing of lawn (using a mulching, gas push mower.

a. Grass cutting shall be accomplished as needed in order to maintain grass between 2” to 3”. Grass clippings shall be mulched, or when clippings are not mulched on initial mowing, they shall be removed.

b. Trash on the lawn or in the flowerbeds shall be removed prior to mowing or mulching.

c. Contractor shall take precautions to prevent scalping, uneven mowing, and cutting by equipment, and damage to trees, shrubs, and sprinkler heads.

d. The contractor shall repair and/or replace damaged turf.

3.2.2. Mow Overflow Parking (See Attachment B): The Contractor shall perform mowing of lawn

a. Grass cutting shall be accomplished as needed in order to maintain grass between 2” to 3”. Grass clippings shall be mulched, or when clippings are not mulched on initial mowing, they shall be removed.

b. Trash on the lawn shall be removed prior to mowing or mulching.

c. Contractor shall take precautions to prevent scalping, uneven mowing, and cutting by equipment, and damage to trees, shrubs, and sprinkler heads.

d. The contractor shall repair and/or replace damaged turf.

3.2.3. Unimproved walkways and grounds. The Contractor shall:

a. Submit a list to the COR of any proposed herbicides that will be used in the course of the performance of this contract.

b. Perform weed abatement utilizing DMEA approved herbicides.

c. Weeds and debris will be removed and disposed of.

d. Remove weeds from rock landscape and borders within DMEA property.

3.2.4 Edging. The Contractor shall mechanically edge all sidewalks, driveways, curbs, and other concrete or asphalt edges located in the improved grounds areas each week.

a. Edging shall include removal of vegetation from cracks in sidewalks, parking spaces, driveways, and curbs within .5 inches of the edged surface and to a depth of 2.0 inches.

b. Grass and weeds shall be removed and disposed of immediately after mowing, edging and trimming is performed, and areas shall be swept or blown clean.

3.2.5 Trimming. Grass/weeds shall be trimmed around trees, shrubs, flower beds, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, headstone and other fixed obstacles.

a. Trimming shall be accomplished as required to match surrounding area.

b. All mowed and surrounding flower beds and other areas shall be trimmed concurrent with mowing.

3.2.6 Maintain Flower Beds/Shrubs/Trees (See Attachment A). Fertilize, water, edge, trim, eliminate weeds, maintain wood chips and repair or replace damaged plants in shrub & plant beds. Eliminate weeds and debris in rock landscaped areas within DMEA facility fence line. All weeds shall be removed or eradicated manually or mechanically but not chemically unless approved by the Contract Officer’s Representative (COR).

a. The government will make final determination if herbicides are needed.

b. Contractor shall provide trees and shrubs, flowers, and sod (species as identified by COR) to replace those lost to any cause including but not limited to insect damage, disease, rot, frost, drought or other causes.

c. Repair Damaged Grass & Planted Areas. Areas damaged by contractor vehicles, erosion, drought or insect/diseases shall be seeded, sprigged or sodded by the contractor, as directed by the CO to meet the standards of surrounding areas.

d. Removal of trees, flowers, plants or shrubs requiring replacement must be accomplished within seven (7) workdays and replacement must be accomplished within ten (10) workdays after identification by the COR.

e. Replacement of trees, plants, flowers or shrubs need not be at the same location where removal occurred.

f. The Contractor shall notify the COR one (1) week day prior to planting trees or shrubs for proper spacing and markings of where trees or shrubs shall be planted.

g. The contractor shall provide a one (1) year warranty for all replacement trees flowers, plants and shrubs

h. Apply Fertilizer and/or Lime. The contractor shall maintain an effective commercial fertilizer/lime application program for all improved grounds. Only environmentally safe and approved fertilizers/lime shall be applied in accordance with the manufacturer’s instructions.

i. Aerate Soil. Aerate soil on grounds annually or as required to maintain grounds in a healthy state.

j. Eliminate weeds that grow in rock landscaped areas within DMEA Fence line (notify security staff for temporary access when cleaning is scheduled on these areas).

3.2.7 Maintain Grass Swales(See Attachment C). a Mowing, knock down Seed-heads. Maintain grass height at 3 inches to 6 inches.

b. Remove trash and debris; keep area clean for aesthetics and prevent trash from ending up in creeks and rivers.

c. Sediment removal. Remove sediment from culverts, outlets to maintain function and flow capacity. Replace vegetation damaged in process.

d. Grass reseeding and mulching of Delta Bluegrass. Maintain healthy grass or vegetation cover for both treatment and channel protection.

3.2.8 Remove Debris/Police Grounds. General litter patrol shall be performed by the contractor around DMEA, including the areas beyond the curb to include parking areas on side of building and on both sides of the driveway in front of the building, and the side & rear of the facility.

a. Policing responsibilities shall include, but not limited to the removal and disposal of all natural debris, (tree limbs, dry brush, weeds, leaves, dirt accumulation, rodent habitats, dead animals, etc.), and man-made debris. Contractor shall police one (1) day per week.

b. The contractor shall dispose of all debris at an off-site location in accordance with existing local, state and federal regulations.

c. Raking & Leaf Removal. During the period when tree leaves begin to fall (normally October to December), fallen leaves and broken branches shall be removed weekly. At other times leaves shall be raked and removed as necessary to keep the lawn and bed areas free of fallen leaves and branches.

i. Perform Pest Identification and Control. During normal performance of Grounds maintenance duties, identify pests to COR. Treatment of pests that may damage any portion of grounds shall be by the direction DMEA.

3.2.9 Irrigation (See Attachment D and E) During Irrigation Season, March – October: All areas shall receive sufficient amounts of water, as necessary to present a uniform green color without browning or barren areas resulting from lack of water.

a. Contractor is responsible for ensuring sprinkler system is set for the appropriate watering periods throughout the year.

b. When Sacramento Suburban water district irrigation restrictions are in place due to drought conditions, the government may direct that irrigation systems be turned off or reprogrammed to conserve water as required (in which case the contractor must then hand water as required to ensure that all improved grounds receive sufficient amounts of water per week).

c. Hand watering using a large portable water tank, hose bib, hoses, or manually operating an irrigation system may be required at any time for purposes such as watering isolated spots, watering-in fertilizer, watering areas where there is insufficient sprinkler coverage, areas where the irrigation system is malfunctioning, new sod, etc.

d. It may be necessary to irrigate at other times during the year in addition to what is normally construed to be the growing season, depending on the need for moisture. The government does not guarantee 100 percent coverage by irrigation systems. Precaution shall be taken to cover all the areas and prevent runoff into the streets or drainage ditches, or accumulation of water in low areas.

e. Manage/Maintain the Irrigation System.

1) The contractor shall be responsible for the complete management, operation and maintenance of all controllers, sprinklers and irrigation system.

2) The contractor shall ensure that the systems are in good working and repairable condition at all times.

3) The Contractor shall provide maintenance to keep all irrigation systems in proper working order. Irrigation Lines leading to the pressure relief valves (PRVs) have V-strainers attached with filtering screens that shall be removed, cleared or replaced. This task must be done prior to the start of the irrigation season and as needed thereafter. “All irrigation systems in the contractor’s area of responsibility shall be winterized if required.

Water leaks or maintenance problems that are not addressed here and are the government’s responsibility shall be reported to the COR(s) immediately.

4) Operation of Irrigation System: The government retains the right to shut off the timers or main valves for any reason. Only combination locks (all locks to be provided by contractor) may be used to secure timers, main valves, and electrical voltage boxes. The combinations must be furnished to the COR(s). Locks for which the COR(s) does not have the combination will be cut off.

5) Water faucets or valves: The Contractor shall ensure faucets and valves are turned off after the required usage has been accomplished.

3.2.10 Emergency or Special Event Services. Upon notification by the contracting officer, the contractor shall perform emergency or special event grounds maintenance required in areas covered under this contract. Emergency or Special Event Services will be paid for by Government credit card. In the event of an emergency, as determined by DMEA, the contractor shall provide grounds maintenance and repairs as necessary to resolve the emergency situation. The contract manager shall respond within one (1) business day to meet with the contracting officer and COR to initiate emergency services.

4.0 PERSONNEL REQUIREMENTS:

4.1.1 Contract Manager/Supervisor: The Contractor shall provide an on site Contract Manager/Supervisor (here-in called the Contract Manager) to assure that performance of work accomplished under this contract is in compliance with contract specifications. The name of this person who can act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer.

4.1.2 The Contract Manager/Supervisor shall be available during core duty hours (0700-1600 hours) to meet on the installation with Government personnel designated by the Contracting Officer to discuss problem areas

4.1.3 The Contract Manager/Supervisor and alternate must be able to effectively read, write, speak, and understand English.

4.1.4 Contractor's personnel shall be easily recognized. This may be accomplished by the use of badges, which give the name of the Contractor and the name of the employee. Contractor personnel shall be neat in appearance and fully clothed (shirts, blouses, and trousers must be worn) during the execution of their duties under this contract.

5.0 SECURITY REQUIREMENTS:

5.1.1 The Contactor shall provide a listing of all authorized personnel prior to service, within 5 business days of award issuance, to the DMEA Security Office. Unescorted access to exterior areas within DMEA’s Building 1, 2, or other areas under DMEA’s control, require that a satisfactory background check be run by submittal of your employees fingerprints through DMEA’s automated Live Scan System. The background check is conducted for DMEA by the Office of Personnel Management (OPM) to determine your employee’s fitness for unescorted access, and requires the employees provide their full name, date of birth, country of birth and Social Security Number (SSN). All visitors or vendors are required to submit a DMEA Fm 100/Live Scan Release Form when submitting fingerprints via the automated Live Scan system.

a. PROOF OF CITIZENSHIP FOR U.S. CITIZENS: All visitors being fingerprinted must show proof of citizenship. Proof of citizenship can be either; a U.S. passport or passport card (Current or expired), an original, hospital/county issued, or notarized/certified copy of the birth certificate, or a Certificate of Naturalization if your visitor is a not a U.S. born citizen.

b. NON U.S. CITIZENS: All visitors being fingerprinted for landscaping positions are required to bring a valid state issued driver’s license. Employees must also provide either Permanent Resident Card or Alien Registration Receipt Card at the time of fingerprint appointment.

*If proof of citizenship cannot be determined at the time of the appointment or required documents not available, the appointment will be cancelled until proof of citizenship can be determined by one of the above mentioned documents only or required documents are made available.

5.1.2 The DMEA Security Office will review the results of the fingerprint background check, to determine suitability and issue contractor badge(s). Badges will be maintained at the Security Desk, contractor will report to Security booth upon arrival to DMEA and return badges prior to departing DMEA facility.

6.0 HOURS OF OPERATION

6.1.1 The contractor shall provide DMEA with a schedule of work to be performed, ensuring that all required tasks are covered. Most of the services required under this contract should be performed during the normal operating hours of DMEA, which are 0600-1700 hours, Monday through Friday. DMEA prefers work to be scheduled on Friday’s.

6.0 POINTS OF CONTACT:

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

Place of Performance (DMEA #S16-016)

Services under this contract are required to be performed at the following location(s): Defense Microelectronics Activity (DMEA) Buildings 1 and 2, located at 4234 and 4235 54th Street respectively, McClellan, CA 95652 and at other indicated locations listed in the attachments as areas of the DMEA campus.

Section G - Contract Administration Data

Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) Submittal Instructions (July 2015) (DMEA #S16-012)

1. The Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) system via Wide Area Workflow (WAWF) is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

1. To access iRAPT, the Contractor shall—

0. Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

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

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

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

1. The Contractor shall submit Item Unique Identification IUID data “as part of the Material Inspection and Receiving Report” (as required by DFARS 252.211-7003) on delivered end items during the acceptance process.

Access iRAPT via WAWF at https://wawf.eb.mil//

Table 1 - Vendors shall select “Send More Email Notifications” in iRAPT to:

(1) Definitions:

Acceptor: Contracting Officer’s Representative/Project Engineer/Program/Project Manager, or other government acceptance official.

Pay Official: DFAS payment - HQ0748

SHIP To/Service Acceptor DoDAAC: - HQ0727

(2) iRAPT Contractor Input Information. The contractor shall input the selected Document Type creating electronic payment requests in iRAPT: (Buyer - selects one of the following and deletes this instruction)

____ “Invoice” ____ “2-in-1 Invoice” (Services Only) ____ “Receiving Report” ____ “Invoice and Receiving Report” (Combo) for Materials and or Services ____ “Cost Voucher” (FAR 52.216-7, 52.216-13, 52.216-14, 52.232-7)

Table 2 - For iRAPT Routing Information based on Contract Type

Located In Block /Section

Contract Number Delivery Order See Individual Order See Individual Order N/A

(3) Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo):

When submitting the final invoice for payment for a contract, select the “Y” selection from the “Final Invoice?” drop-down box.

Upon successful submission of the invoice, click on the Send More Email Notifications link to send to email addresses listed in Table 1 above.

(4) Defense Finance and Accounting Service (DFAS) information may be accessed using the DFAS website at http://www.dfas.mil/. Payment status information may be accessed using the my Invoice system in WAWF (my Invoice system requires registration in the WAWF system) or by calling the DFAS Columbus helpdesk at 800-756-4571(Select Option 2, then Option 2 again). The contract number and shipment/invoice number will be required to check payment status.

Section H - Special Contract Requirements

Safety (DMEA #S16-002)

1. The Contractor shall provide and maintain work environments and procedures which will –

0. Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

0. Avoid interruptions of Government operations and delays in project completion dates; and

0. Control costs in the performance of this contract.

1. For these purposes, the Contractor shall –

0. Provide appropriate safety barricades, signs, and signal lights;

0. Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

0. Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

Equipment and Supplies (DMEA #S16-003)

The Contractor shall be required to supply the necessary grounds maintenance tools and equipment for accomplishing the services under this contract, including (but not limited to) lawnmowers, edger’s, clippers, etc., and any required replacements.

1. Equipment shall be kept in operating order and designed to perform the kind of work prescribed in specifications.

1. Contractor shall provide all supplies necessary to accomplish the services under this contract, including (but not limited to) pesticide, fertilizer, sod and plants to replace those damaged, etc.

1. All electrical equipment used by the Contractor shall meet all OSHA safety requirements and shall be UL approved. This equipment must operate using existing building circuits.

1. The Contractor shall prevent the operation or attempted operation of electrical equipment or combination of equipment that require power exceeding the capacity of existing building circuits.

Emergency or Special Event Services (DMEA #S16-004)

1. Upon notification by the contracting officer, the contractor shall perform emergency or special event grounds maintenance required in areas covered under this contract. Emergency or Special Event Services will be paid for by Government credit card.

In the event of an emergency, as determined by DMEA, the contractor shall provide grounds maintenance and repairs as necessary to resolve the emergency situation.

1. The contract manager shall respond within two (2) hours to meet with the contracting officer and COR focal point and initiate emergency services.

1. Upon receiving direction by the contracting officer, contractor personnel shall begin work within two hours, which may, at the discretion of DMEA, necessitate the contractor operating on an extended basis.

Conservation of Utilities (DMEA #S16-006)

The Contractor shall be directly responsible for instructing employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

Temporary Badging Request Process (DMEA #S16-009)

The DMEA facility is access controlled and all personnel are required to have a minimum background check in advance of coming to the site in order to have unescorted access. There are several circumstances and variances that surround this background check.

1. The DMEA sponsor will submit a Temporary Badge Request prior to the arrival of the visitor. Information required:

0. Contractor’s name;

0. Company name;

0. Contractor’s contact number;

0. Acknowledge individual is a U.S. Citizen

0. All access required should be identified by the sponsor in the Temporary Badge Request.

0. Any change to access requires coordination through the security team via an email from the DMEA sponsor.

1. Once the Temporary Badge Request has been submitted, the DMEA sponsor shall contact security to schedule a DMEA localized live scan background check (finger print) appointment. At the appointment, the individual will complete a DMEA Form 100 (Release From for National Crime Information Center (Live Scan) and Terrorism Screening Database Background Checks) and prove citizenship.

1. Proof required/U.S. Citizen Mandatory: U.S. Passport (current or expired); OR Birth Certificate (certified, no photocopies) AND Valid Driver’s License; OR Certificate of Naturalization. This proof is required at the time of the appointment and no exceptions will be made.

1. The visitor shall be issued a badge each day while on site and shall return their badge to DMEA security personnel at the end of the day or when leaving the site.

1. Any visitor personnel showing up at DMEA without a pre-arranged badge request and background check will not be allowed onto the DMEA facility.

Live Scan Finger Printing Appointments:

Monday through Friday 0730-1330 and 1430-1530 No appointments on Federal Holidays

DMEA Hours of Operation (DMEA #S16-010)

Work shall be accomplished during DMEA’s normal business hours are Monday – Friday, 0600-1600 hours except Federal holidays, including:

1. New Year’s Day - 1 January

1. Martin Luther King Day - 3rd Monday in January

1. Washington’s Birthday - 3rd Monday in February

1. Memorial Day - last Monday in May

1. Independence Day - 4 July

1. Labor Day – 1st Monday in September

1. Columbus Day – 2nd Monday in October

1. Veteran’s Day – 11 November

1. Thanksgiving Day – 4th Thursday in November

1. Christmas Day – 25 December Note: If these holidays fall on Saturday, the preceding Friday will be observed, if these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a regular workday, the services shall be rescheduled in the same week to either the day preceding or following the holiday.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016) ALTERNATE I (OCT 2014)

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

“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 (q) 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 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.