Amendment 0001_HQC005-22-Q-0017.pdf

SEE ADDENDUM

(No Collect Calls)

HQC00522Q0017 27-Jun-2022

b. TELEPHONE NUMBER

804-734-8000

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 18 Jul 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HQC0059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CYNTHIA L. GRANT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HQCWGG 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FORT WAINWRIGHT COMMISSARY

BUILDING 3703A

P O BOX 35027

FORT WAINWRIGHT AK 99703-0027

TEL: (907) 353-7762 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF73

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Lawn Maintenance Services

FFP

FFort Wainwright Commissary, Alaska Non-personal services in accordance with the Statement of Work

Base Period: August 1, 2022 - July 31, 2023

Fort Wainwright Commissary, Alaska

HQCWGG

Building 3703 Santiago Ave.

Fort Wainwright, AK 99703-0027

Store POC: Erich Rosillo (Commissary Officer) Phone: (907) 353-6218 Email: erich.rosillo@deca.mil

Secretary: Angela Beehler

(907) 353-6218 angela.beehler@deca.mil

Contractor shall provide all personnel, labor, supervision, equipment, tools, parts, transportation, and other items necessary to perform lawn maintenance service two

(2) times a month for approximately 25,551 square feet of grass in the needed area, consisting of approximately 16,101 square feet to the right side of building and approximately 8,450 square feet at the front of the building, removal and disposal of debris. All service shall be performed in accordance with the attached Statement of Work (SOW)

Estimated mowing schedule is:

August 2022 – Twice per month September 2022 - Twice per month May 2023 - Twice per month June 2023 - Twice per month July 2023 – Twice per month

NET AMT

0001AA 10 Each Routine Lawn Maintenance

FFP

Contractor shall provide lawn maintenance to include the mowing of lawn, edging, weeding, leaf and straw/needle removal, and disposal of debris twice a month during the months of August, September, May, June, and July.

Estimated not to exceed 10 times per year.

FOB: Destination S208

0001AB 1 Each Mulching

FFP

Mulching for designated areas once during the month of May.

0001AC 1 Each Pruning

FFP

Pruning of shrubs and trees as listed in the SOW once during the month of July.

0001AD 1 Each Fertilizer/Weed Control

FFP

Contractor shall apply fertilizer and weed control substance on all seeded areas once in the month of July.

OPTION Lawn Maintenance Services

FFP

Fort Wainwright Commissary, Alaska Non-personal services in accordance with the Statement of Work

Option Year 1: August 1, 2023 - July 31, 2024

Fort Wainwright Commissary, Alaska

HQCWGG

Building 3703 Santiago Ave.

Fort Wainwright, AK 99703-0027

Store POC: Erich Rosillo (Commissary Officer) Phone: (907) 353-6218 Email: erich.rosillo@deca.mil

Secretary: Angela Beehler

(907) 353-6218 angela.beehler@deca.mil

Contractor shall provide all personnel, labor, supervision, equipment, tools, parts, transportation, and other items necessary to perform lawn maintenance service two

(2) times a month for approximately 25,551 square feet of grass in the needed area, consisting of approximately 16,101 square feet to the right side of building and approximately 8,450 square feet at the front of the building, removal and disposal of debris. All service shall be performed in accordance with the attached Statement of Work (SOW)

Estimated mowing schedule is:

August 2022 – Twice per month September 2022 - Twice per month May 2023 - Twice per month

1001AA 10 Each OPTION Routine Lawn Maintenance

FFP

Contractor shall provide lawn maintenance to include the mowing of lawn, edging, weeding, leaf and straw/needle removal, and disposal of debris twice a month during the months of August, September, May, June, and July.

Estimated not to exceed 10 times per year.

1001AB 1 Each OPTION Mulching

FFP

Mulching for designated areas once during the month of May.

1001AC 1 Each OPTION Pruning

FFP

Pruning of shrubs and trees as listed in the SOW once during the month of July.

1001AD 1 Each OPTION Fertilizer/Weed Control

FFP

Contractor shall apply fertilizer and weed control substance on all seeded areas once in the month of July.

OPTION Lawn Maintenance Services

FFP

2Fort Wainwright Commissary, Alaska Non-personal services in accordance with the Statement of Work

Option Year 2: August 1, 2024 - July 31, 2025

Fort Wainwright Commissary, Alaska

HQCWGG

Building 3703 Santiago Ave.

Fort Wainwright, AK 99703-0027

Store POC: Erich Rosillo (Commissary Officer) Phone: (907) 353-6218 Email: erich.rosillo@deca.mil

Secretary: Angela Beehler

(907) 353-6218 angela.beehler@deca.mil

Contractor shall provide all personnel, labor, supervision, equipment, tools, parts, transportation, and other items necessary to perform lawn maintenance service two

(2) times a month for approximately 25,551 square feet of grass in the needed area, consisting of approximately 16,101 square feet to the right side of building and approximately 8,450 square feet at the front of the building, removal and disposal of debris. All service shall be performed in accordance with the attached Statement of Work (SOW)

Estimated mowing schedule is:

August 2022 – Twice per month September 2022 - Twice per month May 2023 - Twice per month

2001AA 10 Each OPTION Routine Lawn Maintenance

FFP

Contractor shall provide lawn maintenance to include the mowing of lawn, edging, weeding, leaf and straw/needle removal, and disposal of debris twice a month during the months of August, September, May, June, and July.

Estimated not to exceed 10 times per year.

2001AB 1 Each OPTION Mulching

FFP

Mulching for designated areas once during the month of May.

2001AC 1 Each OPTION Pruning

FFP

Pruning of shrubs and trees as listed in the SOW once during the month of July.

2001AD 1 Each OPTION Fertilizer/Weed Control

FFP

Contractor shall apply fertilizer and weed control substance on all seeded areas once in the month of July.

OPTION Lawn Maintenance Services

FFP

Fort Wainwright Commissary, Alaska Non-personal services in accordance with the Statement of Work

Option Year 3: August 1, 2025 - July 31, 2026

Fort Wainwright Commissary, Alaska

HQCWGG

Building 3703 Santiago Ave.

Fort Wainwright, AK 99703-0027

Store POC: Erich Rosillo (Commissary Officer) Phone: (907) 353-6218 Email: erich.rosillo@deca.mil

Secretary: Angela Beehler

(907) 353-6218 angela.beehler@deca.mil

Contractor shall provide all personnel, labor, supervision, equipment, tools, parts, transportation, and other items necessary to perform lawn maintenance service two

(2) times a month for approximately 25,551 square feet of grass in the needed area, consisting of approximately 16,101 square feet to the right side of building and approximately 8,450 square feet at the front of the building, removal and disposal of debris. All service shall be performed in accordance with the attached Statement of Work (SOW)

Estimated mowing schedule is:

August 2022 – Twice per month September 2022 - Twice per month May 2023 - Twice per month

3001AA 10 Each OPTION Routine Lawn Maintenance

FFP

Contractor shall provide lawn maintenance to include the mowing of lawn, edging, weeding, leaf and straw/needle removal, and disposal of debris twice a month during the months of August, September, May, June, and July.

Estimated not to exceed 10 times per year.

3001AB 1 Each OPTION Mulching

FFP

Mulching for designated areas once during the month of May.

3001AC 1 Each OPTION Pruning

FFP

Pruning of shrubs and trees as listed in the SOW once during the month of July.

3001AD 1 Each OPTION Fertilizer/Weed Control

FFP

Contractor shall apply fertilizer and weed control substance on all seeded areas once in the month of July.

OPTION Lawn Maintenance Services

FFP

Fort Wainwright Commissary, Alaska Non-personal services in accordance with the Statement of Work

Option Year 4: August 1, 2026 - July 31, 2027

Fort Wainwright Commissary, Alaska

HQCWGG

Building 3703 Santiago Ave.

Fort Wainwright, AK 99703-0027

Store POC: Erich Rosillo (Commissary Officer) Phone: (907) 353-6218 Email: erich.rosillo@deca.mil

Secretary: Angela Beehler

(907) 353-6218 angela.beehler@deca.mil

Contractor shall provide all personnel, labor, supervision, equipment, tools, parts, transportation, and other items necessary to perform lawn maintenance service two

(2) times a month for approximately 25,551 square feet of grass in the needed area, consisting of approximately 16,101 square feet to the right side of building and approximately 8,450 square feet at the front of the building, removal and disposal of debris. All service shall be performed in accordance with the attached Statement of Work (SOW)

Estimated mowing schedule is:

August 2022 – Twice per month September 2022 - Twice per month May 2023 - Twice per month

4001AA 10 Each OPTION Routine Lawn Maintenance

FFP

Contractor shall provide lawn maintenance to include the mowing of lawn, edging, weeding, leaf and straw/needle removal, and disposal of debris twice a month during the months of August, September, May, June, and July.

Estimated not to exceed 10 times per year.

4001AB 1 Each OPTION Mulching

FFP

Mulching for designated areas once during the month of May.

4001AC 1 Each OPTION Pruning

FFP

Pruning of shrubs and trees as listed in the SOW once during the month of July.

4001AD 1 Each OPTION Fertilizer/Weed Control

FFP

Contractor shall apply fertilizer and weed control substance on all seeded areas once in the month of July.

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-2 Evaluation - Commercial Items DEC 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.215-7008 Only One Offer JUL 2019 252.216-7009 Allowability of Legal Costs Incurred in Connection With a

Whistleblower Proceeding

SEP 2013

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF QUOTES: Reference 52.212-1 Paragraph (b)

North American Industry Classification System (NAICS) Code applicable to this solicitation is 561730 and the Size Standard is $8.0 mil.

Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at https://www.acquisition.gov database. Your Reps and Certs must include the NAICS applicable to this solicitation and indicate your organization’s business size status.

Per 13 CFR 121.104 - If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html

Quoters shall submit an original copy of the following documents:

(1) Standard Form 1449, Solicitation/Contract/Order for Commercial items, page 1, Blocks 17a, 17b, 30a, 30b, 30c completed and signed by an authorized representative on behalf of the quoter. Discount terms, if any, in Block 12.

(2) A completed Schedule of Supplies/Services starting on page #3, to include total price (NET AMT) for (CLIN 0001) in addition to a unit price for each option CLIN 1001-4001 and all subCLINs.

(3) Prospective contractors shall complete electronic annual representations and certifications at System for Award Management (SAM) website available at https://www.sam.gov and must indicate their business size for the applicable NAICS code.

(4) Submit the following information:

(a) Dun and Bradstreet (DUNS) or DUNS + 4 Number: _______________________________

(b) Contractor E-Mail Address: ___________________________________________________

(5) Provide a statement of certification that the quoter understands and satisfies the Government’s minimum requirements described in the Statement of Work and elsewhere in this solicitation, and has submitted evidence in the quote of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements in regards to lawn maintenance services in accordance with best industry practices.

(6) Past Performance information required: Three (3) completed past performance surveys must be submitted that are most similar to the work of this solicitation that the quoter has performed in the past three years. The past performance surveys must be completed and submitted directly, from each reference, to the contracting office via email to Cindy Grant at cynthia.grant@deca.mil by the closing date of the solicitation. Surveys provided directly by the quoter will not be considered.

DeCA reserves the right to consider any other past performance information available to the Government such as CPARS (formerly PPIRS) or other databases.

(End of Provision)

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Quotes will be evaluated independently, using the following factors will be used to evaluate quotes using Lowest Price Technically Acceptable (LPTA) procedures on an acceptable or unacceptable basis:

1. Technical Capability

2. Past Performance

3. Price

EVALUATION MINIMUM REQUIREMENTS:

1. Technical Capability: A quote will be evaluated as technically acceptable if it satisfies the Government’s minimum requirements described in the Statement of Work and elsewhere in this solicitation, and based on evidence in the proposal of the quoter’s technical approach, personnel/staffing, facilities, equipment, and understanding of the requirements.

Minimum Requirement: Receive an Acceptable rating for acknowledgement of understanding and being able to provide the service as outlined in the Statement of Work (SOW) and solicitation.

2. Past Performance: Quoters will be rated on timeliness, quality of work, and business relations on a past performance survey with six questions. Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown. In evaluating past performance, the Government will use various sources of information, including, but not limited to federal, state and local government agencies, Better Business Bureaus, published media, electronic databases (PPIRS), and/or the offeror’s performance on DeCA contracts. The evaluation of past performance will consider relevant facts and circumstances. The Government will evaluate past performance as an indicator of future performance. Past performance will be evaluated as either “Acceptable” or “Unacceptable.”. If neither the business nor any key personnel have a record of relevant past performance, the Government will rate past performance neither favorably nor unfavorably. A neutral rating will be considered as “Acceptable.”

Minimum Requirement: Receive an Acceptable rating for all assessed past performance categories.

3. Price: Price will be evaluated by adding the total price for each CLIN. The total evaluated price must be determined fair and reasonable in order to be determined acceptable for award. The contract specialist will evaluate all quotes. Quotes will not be discussed or released to anyone not directly involved in the source selection for this acquisition.

EVALUATION METHODOLOGY:

Specifically the evaluation process shall proceed as follows: First, the quotes will be ranked in price order from lowest to highest based on the Total Evaluated Price (TEP). The lowest ranked TEP quoter’s past performance will then be evaluated and given a rating of acceptable or unacceptable. A quoter with no past performance will be rated as neutral-acceptable.

If the lowest ranked quoter’s past performance is rated as acceptable or neutral-acceptable, the Government will then evaluate pricing to determine fair and reasonableness using one or more of the techniques contained in FAR sub-part 13.106-3. If the lowest ranked TEP quote is judged to have acceptable past performance and fair and reasonable pricing, the Government will complete a responsibility determination in accordance with the criteria specified in FAR 9.104-1. If found responsible, the evaluation process stops at this point as that offer represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

If the lowest rated quoter’s past performance is assigned an unacceptable rating, or if the price is determined not fair and reasonable, or if the quoter is found to be non-responsible, the next lowest ranked TEP quote will be evaluated.

This process will continue (in order of ascending (TEP) until a quoter is judged to have an acceptable technical rating, fair and reasonable pricing, and the quoter is deemed responsible.

The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. The Government is seeking to determine whether the offeror has consistently demonstrated a genuine concern by performing quality services on time, with concern for the customer's satisfaction. The evaluator will use the business references provided by the quoter, and any other information available, such as the Government-wide Contract Performance Assessment Reporting System (CPARS) at www.cpars.gov . If adverse information is obtained, that was not previously communicated; the quoter will be provided an opportunity to respond.

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the quote’s specified expiration time, the Government may accept and quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 stock of which 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 its stock is owned by one or more women; or

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 will 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.

(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.

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

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line item No. Country of origin

[List as necessary]

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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) of 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.

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements--Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements".

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)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.