13-R-0040.pdf

COMMANDING GENERAL - REG CON OFFICE NCR

2010 HENDERSON RD

NIXON, SAKINA

QUANTICO VA 22134

(703) 432-1667

(703) 784-5908

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

M00264-13-R-0040 01-May-2013

b. TELEPHONE NUMBER

(703) 432-1085

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 31 May 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

M00264

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SAKINA A. NIXON

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

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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

FY13WATERANALYSIS

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

TEL: EMAIL:

0 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

M00264-13-R-0040

Section G - Contract Administration Data

BPA TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT TERMS AND CONDITIONS

A. DESCRIPTION OF AGREEMENT

Pursuant to the Federal Acquisition Streamlining Act, the United States Marine Corps (USMC) is entering into a cooperative agreement to further reduce the administrative costs of acquiring a repetitive need for a commercial supply. This Blanket Purchase Agreement (BPA) will further decreases cost, reduce paperwork and avoid the writing of numerous purchase orders. The end result is to create a purchasing mechanism for

Government that works better and cost less, while achieving greater acquisition efficiency.

(a) The Contractor shall furnish services, if and when requested by the Contracting Officer or his/her authorized representatives during the period specified in the paragraph below entitled “Effective

Period”. Purchases (which may be referred to as calls) made hereunder shall be written. The purchases shall reference this agreement. Such calls shall include a description of the supplies or services being ordered; prices therefore; delivery schedule.

(b) Services will be identified on individual calls issued in accordance with paragraph (a) above.

Services purchased under this agreement shall be limited to the products/service list and to be determined per call.

B. BPA TERMS AND CONDITIONS

1. DESCRIPTION OF AGREEMENT

The Offeror agrees to the following terms of a Blanket Purchase Agreement (BPA) with the USMC, all calls placed against this BPA are subject to the terms and conditions of the Agreement. The Order of precedence for resolving any inconsistency between the BPA and the Agreement terms shall be as specified in the Agreement Commercial Item clause, FAR 52.212-4 AND THE PROVISIONS OF FAR

52.212-4 SPECIFIED IN FAR 12.302, AS REQUIRED BY Federal Law, shall prevail over any terms of the BPA.

2. EXTENT OF OBLIGATION

The Government is obligated only to the extent of AUTHORIZED CALLS actually placed against this

Blanket Purchase Agreement by Contracting Officers.

3. FUNDS OBLIGATION

A BPA does NOT obligate any funds. Funds will be obligated on each authorized call executed by a

Regional Contracting Office, Contracting Officer.

4. BPA PERIOD OF PERFORMANCE

The period of performance will be from the date of award plus four (4), one (1) year ordering periods.

5. PRICING

Prices shall not escalate during the term of the BPA. Spot discounting is encouraged. The price will be reviewed annually, or as required to determine whether an adjustment is appropriate. If at any time during the period of performance there is a price change, or new item added, a new price list must be submitted. For quote purpose please see attachment B.

Please allow for up to 30 calendar day grace period between submissions of the new price list, if any, Contracting Officer consideration. New pricing will not be honored until the BPA is modified and fully executed by the Contracting Officer.

6. MOST FAVORED CUSTOMER PRICES – PRICE REDUCTION

The prices under the BPA shall be at least as low as the prices that the Offeror has under any other contract instrument under like terms and conditions. If at any time the prices under any other contract instrument become lower than the prices in this BPA, this BPA will be modified to include the lower price.

7. CALL LIMITATION

Call Limitation will be established upon award of BPA.

C. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND DOLLAR LIMITATIONS.

1. Only the Contracting Officers in the Regional Contracting Office, National Capital Region will be authorized to place individuals call up to the noted call limitations.

NOTICE TO GOVERNMENT PERSONNEL:

This blanket purchase agreement permits government employees, specifically authorized, to place calls against it. THIS MUST BE STRICTLY ADHERED TO.

Persons authorized to place calls are specifically prohibited from receiving, inspecting and/or accepting any material delivered as a result of a call placed by that individual. Any violation of this paragraph may result in immediate revocation of call authority.

Any material delivered pursuant to a call made by an unauthorized person may result in the return, at the supplier’s expense, of the supplies so delivered. Acceptance of calls shall be the sole responsibility of the supplier and may result in the non-payment for deliveries made as well as possible cancellation of this agreement.

2. DELIVERY TICKETS/CALL ORDERS

All shipments under this agreement shall be accompanied by delivery tickets or sales slips which shall contain the following minimum information:

a) Name of Contractor

b) Blanket Purchase Agreement Number

c) Call Order Number

d) Date of Services performed

e) Itemized list of supplies or services furnished

f) Quantity, unit price with applicable discounts, item description

g) Date of Delivery

h) Name of individual who placed the call

i) Total price

Upon delivery, it is the responsibility of the receiving activity to electronically submit to DFAS through

WAWF-RA the DD-250, receipt/inspection and acceptance of supplies and /or services. Electronic submission shall be initiated no later than 7 days after receipt.

For further explanation refer to the following websites:

https://wawf.eb.mil http://www.marcorsyscom.usmc.mil/sies/pa/receipts.asp

4. TIME AND PLACE OF DELIVERY / FOB DESTINATION

Delivery Schedule. To be addressed on the individual call orders issued hereunder. The time of delivery/performance of services shall be established at the time each call is placed. All deliveries, https://wawf.eb.mil/ except as provided below, shall be made FOB Destination, all transportation charges paid by the supplier, to the destination specified in the call.

5. INSTRUCTION TO SERVICES

The contractor shall activate the unshared server within 48 hours of receiving and accepting a call for services. If for any reason the contractor is unable to activate the server they are to notify the Technical

Point of Contact as soon as possible. Any special instructions and Period of Performance information will included in the BPA call.

6. NO PARTIAL SHIPMENT WILL BE ACCEPTED

Unless specifically authorized by the Contracting Officer prior to the order actually being placed.

Failure of a Contractor to comply with delivery time or shipping instruction on a repetitive basis may result in the termination of this agreement. If, for any reason, a vendor determines that he/she is unable to supply the services on an individual call number within the required delivery time, he should immediately notify the individual who placed the call.

7. SUSPENSION

There may be occasions where the government may suspend ordering. If a suspension is announced, the Contractor shall adhere to this suspension by not accepting/processing services for the suspended call.

D. ORDERING

- Notice to Ordering Offices. This will be a BPA established and it is the responsibility of the Ordering

Office to ensure compliance with all fiscal laws prior to issuing an order under this BPA. Ordering

Officers are also responsible for ensuring the order represents the best value and the lowest overall alternative for the requirement being ordered (see FAR 13.303).

- Call Orders. Delivery requirements and administration will be stipulated on call orders. Orders are prepared by a duly warranted Government Contracting Officer in accordance with the terms and conditions of this BPA. Orders will be placed on an authorized form such as a Department of Defense

(DD) Form 1155 or BPA Call.

E. INVOICING AND PAYMENT/BILLING PERIOD

Invoicing. See “Delivery Tickets” and “Ordering” of the BPA for invoicing instructions.

Precedence. The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of the BPA and the Contractor’s invoice, the provisions of the BPA will take precedence. The Contractor will submit invoices as soon as possible upon delivery of the work, however not more frequently than every four (4) weeks in accordance with the

Contractor’s Fiscal Year Accounting Calendar in its billing format.

The billing period for this BPA shall be the period beginning with the first day of the month and ending with the last day of the month. The Contractor is responsible for billing monthly invoices on each call.

F. BPA MANAGEMENT AND OVERSIGHT

The Contractor must assign a centralized administration naming an individual to act as a primary point of contact, in support of all work performed under this BPA. Upon award the government will provide an activity point of contact to support all work performed under this BPA, at a minimum, is required to participate in annual reviews of the services to ensure accordance to contract terms and conditions.

Records; The Contractor will be required to maintain archival copies of all orders, invoices, etc... for the life of the BPA. Copies shall be made available to the Government upon request.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

WATER TREATMENT PLANT LABORATORY TESTING SERVICES

1. Background

1.1. Facilities and Logistics Services, G-5, requires laboratory testing for compliance with State and Federal regulations in the operation of the water treatment facilities aboard Marine Corps Base Quantico (MCB), VA 22134.

2. Scope

2.1. The Contractor shall provide Laboratory Test Kits, which will include testing services for the water treatment plants, for Marine Corps Base, Quantico.

3. General Requirements

3.1 Certifications/Accreditations

3.1.1. All services shall be performed by a laboratory certified to perform bacteriological and chemical analysis by the State of Virginia. Failure to maintain current state or federal certification shall be sufficient reason for termination of the contract. Proof of certifications and accreditations shall be submitted with the contractor’s proposal and updated annually when the options are exercised, if exercised.

3.1.2. The Contractor must be accredited by the (a) National Environmental Laboratory Accreditation

Conference (NELAC), and; (b) Virginia Environmental Laboratory Accreditation Program (VELAP).

3.2. Contractor Quality Control

3.2.1. The Contractor’s laboratory shall be under the supervision of a Chemist, qualified under Virginia

State certifications, and capable of interpreting and directing the types of analysis being performed under this contract. The Chemist shall review and certify, by a signed statement on the report form, the adequacy and accuracy of procedures, analytical results, and reports. Laboratory personnel, test equipment, consumable chemicals, etc. for the performance of the specified analytical tests are the responsibility of the Contractor, and shall be suitable to satisfy the quality of the data required. All equipment and procedures used in the performance of this requirement shall be in conformance with the guidelines established by the Environmental Protection Agency (EPA). The

Contractor shall follow the quality control and assurance requirements for the performance of the analytical tests as stated by the EPA.

3.2.2. The Contractor shall maintain a Quality Assurance and Control (QA/QC) program to be followed by the laboratory throughout the contract period. The QA/QC program should cover laboratory equipment, facilities, and personnel, calibration plans, reagent quality, test methods, sample handling, method of verification, evaluation and documentation of data quality and any other policies and plans that will be used by the Contractor to ensure the reliability of the laboratory test results.

3.3. Quality Control Analysis

3.3.1. Quality control samples required to be analyzed under this contract by the EPA or other regulatory agency will be considered part of the Contractor's quality control program. Laboratory analysis for these samples shall be the responsibility of the Contractor and the Government shall not be billed for them.

3.4. Government Permits

3.4.1. The Government shall provide copies of permits upon request to the Contractor. The permits are issued by the Virginia Department of Health, Office of Drinking Water. Permits are as follows:

Mainside WTP and Distribution System 6153675

Camp Barrett Distribution System 6153060, 6179100

Camp Upshur Wells and Distribution System 6153063

In accordance with Federal, State, and Local Regulations:

Virginia Department of Health Drinking Water Regulations

EPA via the Safe Drinking Water Act

4. Taskings

4.1. The Contractor shall furnish all sample containers and analyze all samples required for testing/sampling aboard Marine Corps Base (MCB), Quantico, VA. Testing shall be daily, monthly, quarterly, and/or yearly as required by the appropriate regulation.

4.2. Mainside Water Treatment Plant

4.2.1. The Contractor shall collect the water samples from a central collection site within a 15-mile radius of MCB, Quantico, VA, or from the Mainside Water Treatment Plant, Building 1304, MCB, Quantico, by 2:00 PM on a varying schedule to be arranged by both parties. The Contractor shall be prepared to transport and analyze bacteriological water samples within the six (6) hour hold time allowed.

4.2.2. All sample containers shall be delivered to the Water Treatment Plant, 1303 Caddy Road, MCB, Quantico, VA 22134.

4.2.3 The contractor shall be available as required to provide sample analysis five (5) days per week, 52 weeks per year.

4.3. The Contractor shall

include trip blanks and equipment rinses when required for the test method.

4.4. The Contractor shall ensure that test results are provided on time, within a seven (7) day response period.

The Contractor must report test abnormalities to the Contracting Officer’s Representative (COR) and Plant the same day the information is available to the lab.

4.5. Lab Analysis Reports/Bench Work Sheets/Sample Containers

4.5.1. For compliance with permits, the contractor shall provide to the water treatment plant sample containers labeled for the appropriate water system, chain of custody reports, related correspondence, verification of calibration of laboratory analytical equipment and the results of EPA QC samples (if applicable), Contractor shall deliver the sample results to the COR(s) via email, hand delivered, or USPS at Marine Corps Base Quantico P.O.

Box 327 Quantico Va.

4.6. The Contractor shall re-do a sample, at no additional cost to the Government, if evidence of Contractor error exists.

4.7. Contractor shall prepare bottles for preserved samples when required by sampling technique or laboratory practices.

4.8. If the Contractor fails to sample or to provide test results, or if the Contractor's negligence, lack of adequate quality control or mishandling produces test or sampling results which are inaccurate or anomalous, the Contractor shall be liable for all costs associated with timely securing and analyzing another sample, i.e. resampling, etc. The

Contractor will also provide a letter explaining the error to the COR, which will be forwarded to the Virginia

Department of Health Division of Water Programs.

5. Site Inspections

5.1. The COR may conduct laboratory visits with 24 hours advance notice to Contractor.

6. Packaging and Marking

6.1. Packaging and shipping shall conform to current federal, state and local regulations.

7. Contracting Officer’s Representative

7.1. The government will designate a Contracting Officer’s Representative (COR) upon contract award.

8. Place of Performance

8.1. All testing shall be performed at the Contractor’s testing Laboratory.

9. Period of Performance

9.1. The period of performance will be for a base year and four (4), one (1) year option periods.

10. Deliverables

Deliverable Content Due Date

Reports/Lab Sample Results

Chain of Custody;

Preliminary/Final

Reports/Bench Work Sheets;

Bench sheets (Raw Data)

Report to be in compliance with federal, state and local guidelines.

Report to be in compliance with federal, state, and local guidelines.

Preliminary (unverified/raw data) reports are due to the

COR via Email daily.

Final (certified) hand delivered reports are to be to the COR within timeframes specified

11. List of Attachments

11.1. Attachment “A” – Price list; Offeror shall enter their pricing for each required test into the attached table.

12. Payments

12.1. Payments shall be made quarterly based on the delivery of test kits to the Water Treatment Plant.

13. Data

13.1. General. All reports, materials (including training materials, computer software and hardware, source code, interfaces, Tools, Works, and related items) and informaiton, in whatever form, created, generated, or produced under this contract shall become the property of the Marine Corps; therefore, the Marine Corps shall have the right to use, modify, reproduce, perform, display, release, or disclose such reports, materials, and information in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

14. Authority of Government Personnel

14.1. The Contracting Officer is the only person who can legally modify a resulting Blanket Purchase

Agreement (BPA) or obligate the Government for expenditure of funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government.

14.2. Only the Contracting Officer has the authority to authorize deviation from the terms and conditions of any resulting BPA, including deviations from specifications and requirements. In the event the Contractor does deviate, without written approval of the Contracting Offcer, such deviations shall be at the risk of, and any cost related thereto shall be borne by the Contractor. Any matter concerning a change to the scope, prices/costs, terms, or conditions of a resulting BPA or BPA call shall be referred to the Contracting Officer.

PRICE LIST

Water Analysis –Price List

Line Item Description Unit Price

0001 Carbamate by EPA Method 531

(CARB)

0002 Cyanide (CYN3) $

0003 Diquat by EPA Method 549

(DIQT)

0004 Fluoride (FLR) $

0005 Fumigants by EPA Method

551.3 (FUMI)

0006 Halo-acetic acids by EPA

Method 552.2 (HAA)

0007 Herbicide by EPA Method 515

(HERB)

0008 Inorganic Chemicals In Drinking

Water (IOCI)

0009 Lead & Copper (L&C) $

0010 Metal Analysis of Drinking

Water (MET)

0011 Nitrate – acid perserved sample

(NN)

0012 Radiological (RAD) $

0013 Semivolatiles by EPA Method

525.2 (SOC)

0014 Total Coliform and E. coli by

Quanti-Tray (BACT-MPN)

0015 Total Coliform, Presence

Absence (BACT)

0016 Total Organic Carbon (TOC) $

0017 Total Organic Carbon &

Alkalinity (TOCAL)

0018 Trihalomethanes (THM) $

0019 Volatile Organics by EPA

Methods 524 (VOCC)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012

52.217-8 Option To Extend Services NOV 1999

52.217-9 Option To Extend The Term Of The Contract MAR 2000

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.209-7997 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law –DoD Appropriations

JAN 2013

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

https://www.acquisition.gov/

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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 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 posted electronically on the Online

Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database 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 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 (o) 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 ORCA.]

(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, for general statistical purposes, 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 to paragraphs (c)(8) and (9): 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 [ballot] is, [ballot] 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 https://www.acquisition.gov/ 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation

Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR

Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13

CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private

Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”

“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American Act--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 Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''

``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--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 Act--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:

[List as necessary]

(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 Act-Free Trade Agreements-

Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United

States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

(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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American Act--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 Act--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:

Line Item No. Country of Origin

(List as necessary)

(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 Act. 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 --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

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

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

(4) ( ) Have, ( ) have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec.