M67001-17-Q-0038.pdf

SEE ADDENDUM

(No Collect Calls)

M6700117Q0038 30-Jun-2017

b. TELEPHONE NUMBER

910-451-3017

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 12 Jul 2017

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.

M670019. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NATHAN A. CAMPBELL

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

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

M0027217SU00009

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

M67001

CONTRACTING DEPARTMENT

PO BOX 8368 (BLDG 1116)

CAMP LEJEUNE NC 28547-8368

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

910-451-2332FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212321

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 OF40

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.

M6700117Q0038

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9,685 Cubic

Yard

COMMON FILL SAND

FFP

-Poorly Graded Type SP

-Estimated Specific Gravity of 2.25

-95% passing #10 sieve

-Retained on a #200 sieve

-Used for sub-grade stablilization

FOB: Destination

MILSTRIP: M0027217SU00009

PURCHASE REQUEST NUMBER: M0027217SU00009

NET AMT

0002 8,139 Cubic

QUARRY FILL SAND

-Type 2MS

-Passing #4 sieve

-Retained on #100 sieve

-Used for elevating ground level to achieve required degree of slope for the landing pads

FOB: Destination

0003 1 Cubic

NCODT #57

-3/4" washed stone used for erosion control of the check dam as required by North

Carolina Environmental.

FOB: Destination

0004 1 Each

ROLL 8OZ NONWOVEN GEOTEXTILE

FFP

-15' Width x 300' Length (375 sqaure feet) roll of unwoven geotextile (filter cloth) used for Class B Rip Rap erosion control as required by North Carolina

Environment.

FOB: Destination

0005 3 Cubic

CLASS B RIP RAP

-No more than 10% of the stone will have a diameter greater than (12) inches, median size of (8) inches, and no more than 5% of the stone will have a diameter of less than (5) inches.

-Will be used for Temporary Sediment Trap as required by North Carolina

Environment.

FOB: Destination

0006 63 Cubic

2"-3" CRUSHED CONCRETE

-2"-3" crushed concrete for the construction traffic entrance as required by North

Carolina Environmental

FOB: Destination

0007 6 Cubic

CLASS 2 RIP RAP

-No more than 10% of the stone will have a diameter greater than (23) inches, median size of (14) inches, and no more than 5% of the stone will have a diameter of less than (9) inches.

-Will be used for Temporary Sediment Trap as required by North Carolina

Environmental

FOB: Destination

0008 1,845 Cubic

ABC- AGGREGATE BASE COARSE

-3/4" minus Median Size Aggregate will ensure landing pad matting stakes are secured.

FOB: Destination

STATEMENT OF WORK

1. BACKGROUND

This PR is to obtain materials required to construct test pads for the F35 Joint Strike Fighter aboard MCALF Bouge.

Delivery of materials will be required to begin no later than 1 August 2017, in order to allow the Intermediate

Testing Force (ITF) sufficient testing days prior to SDD contract termination.

2. SCOPE OF WORK

2.1 REQUIREMENT

Contractor shall provide the materials as indicated in schedule in 2.2.4. Contractor shall perform per all specifications and contract requirements.

2.2 CONTRACTOR SPECIFICATIONS

Contractor Shall:

2.2.1 Arrange Pre-Installation meeting(s) with points of contacts (POC) listed below within (3) business days of contractor award. Purpose of this meeting is to coordinate both conduct of and delivery/installation schedules to include finalizing delivery location and method of materials. Government POCs are as follows:

POC

Name: 2ndLt Chase Alexanian Phone: 910-449-4094 or 770-990-4125

E-mail: Chase.alexanian@usmc.mil E-mail: Daniel.p.fitzgerald@usmc.mil

OPERATING HOURS: Normal operating hours are 7:30 AM EST – 4:00 PM EST, Monday through Friday. Closed on weekends and federal holidays.

2.2.2 DELIVERY

Delivery shall be coordinated with the above listed POC (Government) representative. REQUEST DELIVERY

NOTIFICATION A MINIMUM OF ONE WEEK PRIOR TO DELIVERY/INSTALLATION. The successful offer or shall provide a Project Manager available for telephonic and/or onsite coordination throughout the entire project. The Project Manager shall have authority to represent the company to coordinate all services and issues.

All work will be conducted during the normal operating hours listed above.

Deliver all materials in accordance with below listed schedule (2.2.4 DELIVERY MATERIAL RATES AND

QUANTITY) to the described site below (2.2.3 DELIVERY LOCATION). NO GOVERNMENT-OWNED

VEHICLES OR EQUIPMENT WILL BE USED TO TOW, TRANSPORT, OR REPAIR ANY BROKEN

DOWN OR STUCK CONTRACTOR VEHICLES WHILE ABAORD GOVERNMENT PROPERTY.

2.2.3 DELIVERY LOCATION

Near Building 8102

Marine Corps Auxiliary Landing Field Bogue

Bogue, North Carolina 28570

Delivery POC

2ndLt Chase Alexanian

Phone: 910-449-4094

E-mail: chase.alexanain@usmc.mil

2.2.4 DELIVERY MATERIAL RATES AND QUANTITY

Vendor Requirements: (In delivery order)(5 day delivery schedule M-F beginning delivery 1 Aug 2017)

CLIN 0003 NCODT #57- 1 Cubic Yard (CY) (1 Aug)

CLIN 0004 Geotextile- 1 EA (1 Aug)

CLIN 0005 Class B Rip Rap- 3 CY (1 Aug)

CLIN 0006 2"-3" Crushed Concrete- 63 CY (1 Aug)

CLIN 0007 Class 2 Rip Rap- 6 CY (1 Aug)

CLIN 0001 Common Fill Sand- 1,000 CY per day starting 3 Aug (3-4 Aug, 7-11 Aug, 14-15 Aug)

CLIN 0001 Common Fill Sand-685 CY (16 Aug)

CLIN 0002 Quarry Fill Sand- 1000 CY of quarry fill sand per day starting 17 Aug (17-18 Aug, 21- 23 Aug)

CLIN 0008 ABC- 1000 CY (24 Aug)

CLIN 0002 Quarry Fill Sand- 1000 CY of quarry fill sand per day starting 25 Aug (25 Aug, 28-29 Aug)

CLIN 0002 Quarry Fill Sand- 139 CY (30 Aug) mailto:Daniel.p.fitzgerald@usmc.mil

CLIN 0008 ABC- 845 CY (31 Aug)

Note 1: All materials must be delivered to designated drop points and will be spread dumped.

Note 2: LCY requirements are daily minimums, more is acceptable if coordinated prior.

Note 3: All trucks are required to check in with marshalling officer prior to moving to drop site.

Note 4: All trucks will follow designated route to/from construction site.

Note 5: In the event that a truck breaks down, the Lot Foreman must be informed IOT alter traffic route if needed.

CONTRACTOR'S UNAUTHORIZED WORK PERFORMANCE. The Contractor shall not Perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without approval of the CONTRACT ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

BASE ACCESS

Access Control specifications to be incorporated in solicitations and contracts:

1. In order to gain access to Marine Corps Base (MCB), Camp Lejeune and/or Marine Corps Air Station (MCAS), New River, non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the National Crime

Information Center (NCIC) Interstate Identification Index (III) is the installation’s minimum background check for access to MCB, Camp Lejeune and/or MCAS, New River for non-Common Access Card holders, to include entrance of visitors.

2. MCB, Camp Lejeune and MCAS, New River applies the following non-Federal Government cardholder criteria to determine the authorized type of access control credentials:

a. Contractors: RAPIDGate or 30-Day Pass followed by 4-DayPass*

b. Sub-Contractors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

c. Vendors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

d. Suppliers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

e. Service Providers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

f. Delivery Personnel: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

A. Public-Private Venture (PPV) Housing and Installation Volunteers: Local Population Credential (The following are examples of Installation Volunteers: (Red Cross, Community College Instructors and Students, Commissary Baggers, Naval Hospital Volunteers, Family Readiness Volunteers, Wounded Warrior Volunteers, and any other organization approved by the Commanding General, Marine Corps Installation East-Marine Corps Base

Camp Lejeune and Commanding Officer, MCAS, New River)

3. Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from

RAPIDGate enrollment.

4. Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a

4-Day pass* or enroll in the RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs. For further information concerning contractor access, please contact the Contractor Vetting Office at 910-450-5978 or visit Marine Corps Base Camp Lejeune (http://www.lejeune.marines.mil/) or MCAS New River http://www.lejeune.marines.mil/

(http://www.newriver.marines.mil/) websites. For information concerning enrolling in RAPIDGate please visit their website at www.rapidgate.com.

The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.

* Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 03-AUG-2017 9,685 N/A

FOB: Destination

0002 17-AUG-2017 8,139 N/A

0003 01-AUG-2017 1 N/A

0004 01-AUG-2017 1 N/A

0005 01-AUG-2017 3 N/A

http://www.newriver.marines.mil/ http://www.rapidgate.com/

0006 01-AUG-2017 63 N/A

0007 01-AUG-2017 6 N/A

0008 24-AUG-2017 1,845 N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.211-17 Delivery of Excess Quantities SEP 1989

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

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

252.203-7994 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements - Representation.

NOV 2016

252.203-7995 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements.

NOV 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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 JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (TAILORED)

Contracting Department, Marine Corps Installations East-Marine Corps Base, Camp Lejeune, NC Request For

Quotation (RFQ) M67001-17-Q-0038 is being issued to procure constructions supplies to build a runway. This procurement is conducted in accordance with FAR Part 12 (Acquisition of Commercial Items) utilizing Simplified

Acquisition Procedures (FAR Part 13.5).

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.

This procurement is for runway construction supplies to include sand, gravel, and crushed stone. The proposed acquisition is reserved 100% for Small Business Set Aside.

The associated NAICS Code for this procurement is 212321. The industry description for this NAICS code is

Construction Sand and Gravel Mining. The size standard is 500 employees. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, effective 19 January 2017 and DFARS Change

Notice (DCN) 20161222 effective 22 December 2016.

BASIS FOR AWARD: Award will be made to the Lowest Price Technically Acceptable quote with relevant satisfactory past performance.

EVALUATION. The Government intends to make a single Firm Fixed Price award to satisfy this requirement on an “all or none” basis. Award will be made on the initial evaluation of quotes received in response to this RFQ.

Therefore, quoters are cautioned to ensure that initial quotes contain your best terms from a technical and price standpoint. The following factors will be used to evaluate quotes:

TECHNICAL: Evaluated in accordance with solicitation requirements to meet or exceed salient characteristics.

DELIVERY: Your quote must clearly state the ability to meet the Government’s required delivery date of 1 August

2017 and CLIN delivery schedule annotated in the Statement of Work.

PRICE: All quotes must be the Contractor’s Best Pricing.

PAST PERFORMANCE: Quoter shall submit "Past Performance Information." Information provided in the quote shall include similar contracts with Federal, State and local governments, as well as commercial businesses. Similar contracts are defined as those similar in scope, magnitude, and complexity to this procurement.

The Government will evaluate the quoter's, and (if applicable) its principal subcontractors' demonstrated past performance within the last three (3) years in delivering quality products/services and in meeting requirements on similar programs. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance, quality, service, schedule and customer satisfaction will be considered.

The degree to which the quoter can demonstrate that it has successfully applied continuous systematic improvement to resolve past performance problems will be evaluated. Problems not addressed by the quoter will be considered to still exist.

References other than those identified by the quoter may be contacted by the Government and used in evaluating the quoter's past performance. Past performance is an indicator of how current and/or previous customers assess contractor performance under a specific contract performed for them and address the full range of all functions required to make any contractual relationship work. Successful past performance indicates that a contractor understands and has the resources to successfully execute a contract; however, it does not necessarily mean a contractor has the resources and skills necessary to perform the specific work requirements of this solicitation.

In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter may not be evaluated favorably or unfavorably on past performance. Quoters without a record of relevant past performance will receive a neutral rating.

Submission Requirements for Contractor Past Performance Reference Form. Quoters shall furnish with their quotation no more than three (3) past performance references for contracts which required the same or similar type services using the format shown in Section J, Attachment #1, entitled Contractor Past Performance Reference Form.

Quoters shall provide all the information designated for the Contractor Past Performance References on the form provided for contracts which have been completed or terminated within the last 3 years. A Past Performance

Questionnaire Form will be sent to each referenced agency. Make sure your reference information is up to date. Do not give the name of references unless you have made sure that the individual can be reached at the referenced telephone number, e-mail address, and postal address that you have provided.

The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Therefore, the vendor's initial quote should contain the vendor's best terms from a price and technical standpoint. However, the Government reserves the right to conduct clarification and/or discussions with vendors if later determined by the Contracting

Officer to be necessary and in the best interest to the Government. The Government may reject any or all quotes if such action is in the public interest and may waive informalities and minor irregularities in quotes received.

SAM. Offeorors must be registered in the System for Award Management (SAM) database. Information in SAM shall be current, if not; completion of the attached FAR provision 52.212-3 Certifications and Representations is required with quotation. Information on registering in SAM may be obtained from www.sam.gov or calling 866-

606-8220.

WIDE-AREA WORKFLOW – RECEIPT AND ACCEPTANCE. As a condition of receipt of this contract any resulting task orders, the Contractor agrees to implement the Department of Defense (DOD) web-based application called Wide Area Workflow-Receipt and Acceptance (WAWF-RA). This allows for complete visibility throughout the acceptance and payment process. The website for registration is https://wawf.eb.mil. WAWF training can be accessed at http://wawftraining.com.

SUBMISSION REQUIREMENTS.

Quotes submitted in response to this RFQ shall be received by the Contracting Department by the date and time indicated in block 8 on the front page of the solicitation to be considered for award. The information submitted shall be clear and legible. Quotes may be submitted via email to Captain Nathan Campbell at nathan.a.campbell@usmc.mil or 910-451-3017. It is solely the contractor’s responsibility to ensure quotes are received within the required timeframe.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

http://www.sam.gov/ https://wawf.eb.mil/ http://wawftraining.com/ mailto:nathan.a.campbell@usmc.mil

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

https://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(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.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the 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 (u) 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 that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

https://www.acquisition.gov/

(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 [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

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

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

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

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

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

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

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

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

End Products) or Israeli End Products:

[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-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…