20-00097 Complete FB0 WFO Guam Grounds Compete FAC 2020-04.docx

COMBINED SYNOPSIS/SOLICITATION

NONPERSONAL SERVICES FOR GROUNDS KEEPING AND LANDSCAPING/LAWN CARE

MAINTENANCE SERVICE, AT THE WEATHER FORECAST OFFICE (WFO) GUAM

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number

NWWW0000-20-00097SRG.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-03 (JAN 2020) (DEVIATION 2019-04) (JUNE 2019).

(IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $8.0 million.

CLIN 0001 – Base Year; services, nonpersonal contractor to furnish all labor, materials and equipment necessary for grounds keeping services at the national weather forecast office in Barrigada, Guam, in accordance with the statement of work and terms and conditions.

CLIN 1001 – Option Year 1; services, nonpersonal contractor to furnish all labor, materials and equipment necessary for grounds keeping services at the national weather forecast office in Barrigada, Guam, in accordance with the statement of work and terms and conditions.

CLIN 2001 – Option Year 2; services, nonpersonal contractor to furnish all labor, materials and equipment necessary for grounds keeping services at the national weather forecast office in Barrigada, Guam, in accordance with the statement of work and terms and conditions.

CLIN 3001 – Option Year 3; services, nonpersonal contractor to furnish all labor, materials and equipment necessary for grounds keeping services at the national weather forecast office in Barrigada, Guam, in accordance with the statement of work and terms and conditions.

CLIN 4001 – Option Year 4; services, nonpersonal contractor to furnish all labor, materials and equipment necessary for grounds keeping services at the national weather forecast office in Barrigada, Guam, in accordance with the statement of work and terms and conditions.

(VI) Description of requirements is as follows:

1. The contractor shall be responsible for satisfactorily managing and performing programs for landscape/lawn maintenance services as specified herein at the following location which is approximately 2.46 acres or 107,000 square feet:

WEATHER FORECAST OFFICE (WFO) GUAM

3232 Hueneme Road Barrigada, Guam 96913-1134

2. Primary Responsibility and Point of Contact Louis Quinones 671-472-0921 louis.quinones@noaa.gov, Genevieve Miller 671-472-0944 genevieve.miller@noaa.gov & Jessica Pangelinan 671-472-0944/0945 jessica.pangelinan@noaa.gov, Meteorologist in Charge (MIC) - * The official is referred to throughout the Specifications as the “MIC”.

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount or the price of the contract may be reduced to reflect the reduced value of services performed. If the defects in services are not corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements.

The Contractor MUST meet with one of the agency contact persons prior to starting grounds keeping non-personal services. The purpose of the meeting is to provide an opportunity for the operations coordinator to identify the office’s unique security requirements (such as sign-in/out process), establish a working relationship, and address any lingering questions regarding expectations and requirements.

The contractor shall designate, in writing to the Point of Contact (POC), a Project Manager who shall be available to address any Government concerns. This individual shall be responsible for the overall management and coordination of work required under this contract and act as a central point of contact with the Government. The contractor shall also include in the designation letter any limitations on the Project Manager's ability to bind the contractor to changes/adjustments.

The Contractor is responsible for conformance to the requirements established herein. Failure to conform to these requirements may result in the Government requiring the Contractor to perform the services again at no additional cost, or the price of the contract may be reduced to reflect the reduced value of the services performed. The Contractor is responsible for taking necessary action to ensure that future performance conforms to the contract requirements.

3. Legal Requirements and Permits The vendor must procure and maintain at his/her expense, all necessary permits and licenses for the conduct of operations under any order resulting from this Request for Quotation, and hereby agrees to comply with all applicable municipal, State and Federal regulations. This includes Title 7, Chapter 6, Section 136 of the United States Code, Insecticides and Environmental Pesticide Control. All personnel handling pesticides or herbicides will be certified and licensed in the state in which the work is to be performed. All pesticides and/or herbicides will be authorized/approved for use by each state in which the work is to be performed. The offeror must include with the offer package, certification or license for any and all employees that will be handling or applying pesticides in performance of this Statement of Work to be considered for award.

4. Supervisor and Labor The Contractor shall promptly remove from the work site any supervisor or employee whose work or conduct is not satisfactory. The Contractor’s supervisor shall be in charge of the work on behalf of the Contractor. The Contractor shall enforce strict discipline and good order among the Contractor’s employees. The Contractor shall exercise the necessary supervision and control to prevent Contractor’s employees from violating any rules and regulations.

Upon arrival at the site, the Contractor must check in with the ASA and/or the MIC prior to any work being initiated.

5. Conduct of Work The Contractor must ensure employees are physically able to accomplish the work specified herein. All such employees working on Government premises are subject to all applicable Federal rules and regulations with regard to entering and leaving the building(s).

The Contractor must take precautions necessary for the protection against injury of all persons engaged at the site. Applicable Department of Labor and Occupational Safety and Health Standards will be taken into consideration in the performance of this contract. The Contractor will take all reasonable precautions to prevent the escape of fire and to suppress the same.

Services under this contract must be performed in such a way that there will be minimal interruption to, or interference with, the normal operation of Government business on the premises. The Contractor should bring any noted defect, disease or insect infestation of the grounds to the attention of the MIC or designate.

The Contractor should bring any noted defect, disease or insect infestation of the grounds to the attention of the MIC or designate and services under this contract must be performed in such a way that there will be no interruption to, interference with, the normal operation of Government business on the premises.

6. The Following Shall Apply

The Contractor shall furnish the necessary personnel, material, equipment, fertilizers, services and facilities to perform the following Scope of Work.

The Contractor shall adhere to all Safety Rules and Regulation attached.

The Contractor shall notify WFO in advance of any scheduled work that may require moving/relocating vehicles in the parking area to prevent any damages. Failure to notify WFO may result in Contractor liability for any damages incurred.

The Contractor shall dispose of all debris upon completion of work in each area and by the end of the workday. All debris must be hauled away to proper sites off the NWS property.

The Contractor shall indicate completion of each item on this scope of work using the space provided after each service/item. The Contractor shall then obtain signature of the WFO ASA or Data Acquisition Program Manager (DAPM) as certification of completion of each service/item.

The Contractor shall attach a copy of the certified completed scope of work to each invoice for verification of each service/item performed.

7. Schedule and Requirements

ITEM A

LAWN MAINTENANCE EVERY TWO (2) WEEKS

All walkways, driveways, and parking area to be clear of lawn cutting and other debris same day as work is done.

Lawn areas that are bare or sparsely covered are to be moistened prior to cutting in order to avoid dust clouds.

Large open areas should be mowed, not bush whacked, to ensure consistent grass height. Grass height should be at three (3) inches.

Flower beds should be carefully trimmed to avoid destruction of the plants.

Scope of work

Date Completed

Contractor Initial WFO Guam Initial

1) All open areas from the south through and west of the compound.

2) All open areas to the east of the driveway.

3) All open areas from the north through northwest and northeast of the parking lot.

4) All along perimeter of compound between fence and various trees and brushes.

5) All around various trees.

6) Around electrical power box at entrance.

7) Around the upper air radar dome and other miscellaneous weather equipment to the north of compound.

8) Around satellite receiving dome to the north of compound.

9) Around the three (3) antennas to the east of the compound and the QZSS monitoring station.

10) Parallel to Hueneme Road, at entry signage, cut and edge area around sign.

11) Area fronting Hueneme Road, southeast to southwest fence end, cut and edge three (3) feet from fence.

LAWN EDGING EVERY TWO (2) WEEKS

Completed

Contractor Initial WFO Guam Initial

Any growth or encroachment into concrete should be removed. All edges of walkways, driveway and parking area should be trimmed back of any encroaching growth and kept free of palm fronds and other debris.

WEEDING OF PLANTS and/or GROUND COVERING EVERY TWO (2) WEEKS

Completed

Contractor Initial WFO Guam Initial

All residual flower beds along perimeter of fence from the southwest to south to southeast of the compound and flower bed areas on the north and south of the main building.

Inspect lawn grass and weed as necessary.

ITEM B

HEDGE TRIMMING AND MAINTENANCE ONCE EVERY MONTH

All walkways, driveways, and parking area to be clear of all cutting and trimming debris same day as work is done.

Once every month, fertilize all hedges, brushes, and shrubs surrounding compound.

Completed

Contractor Initial WFO Guam Initial

1) St. Joseph shrubs at electrical transformers at entrance should be maintained at same height as wall surrounding the electrical transformers.

2) St. Joseph shrubs at the Joe Magboo Memorial Tree should be maintained at three (3) feet.

3) Trim/prune and maintain Naupaka plants along perimeter fence line at four (4) feet height and keep at least two (2) from fence line.

4) Trim/prune and maintain all palms and remove dry/dead palm fronds from all coconut trees and palms.

5) Hibiscus along north of compound parking lot area should be trimmed and maintained to height below window sills. Height should be approximately three (3) feet.

6) Remove any growth or encroachment of vines or weeds growing into fence from outside.

7) Maintain all existing plants to include trimming, pruning and fertilizing once every month.

TRIMMING AND MAINTENANCE OF COCONUT TREES TWICE A YEAR

Completed

Contractor Initial WFO Guam Initial

1) Trim and maintain coconut trees and remove coconuts from premises.

SAFETY REQUIREMENTS FOR CONTRACT PERSONNEL

GROUNDS MAINTENANCE PERSONNEL:

No smoking/flames near gasoline/oil used for lawn mowers and bush cutters. No flammable liquids will be left unattended and/or stored outside of an authorized flammable storage locker. Also no smoking/flames within 50 feet of hydrogen inflation building.

Bush cutters used for trimming will use only nylon/plastic trim wires instead of metal wire to prevent accidental cutting injuries and spark/flame hazard.

Sickles/matches will not be used near hydrogen generator room due to spark/flame hazard.

Personnel will wear long pants, shirt and shoes, not zorries/slippers and safety glasses or visors when operating lawn mowers/bush cutters to help avoid personal injuries.

No herbicides will be used on the grounds due to hazardous material/poison hazards.

8. Invoicing The vendor will bill on a monthly basis in arrears. The vendor will complete a service ticket and have the ticket signed by the site manager on completion of each site visit. All pertinent copies of completed forms shall accompany the monthly itemized invoices.

9. Observance of Legal Holidays and Site Closure Information

The Contractor hereby agrees to observe the following Federal holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation:

When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the contractor is instructed to contact the MIC or Alternate MIC for guidance.

STATEMENT OF WORK – GROUNDS KEEPING

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL WEATHER SERVICE (NWS)

WEATHER FORECAST OFFICE (WFO) GUAM

GROUNDS KEEPING AND LANDSCAPING/LAWN CARE

(VII) Services are to be provided for the following period of performance at the national Oceanic Atmospheric Administration, National Weather Services (NWS), Weather Forecast Office (WFO) Guam, 2323 Hueneme road, Barrigada, Guam 96913-1134

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2018), applies to this acquisition. This is a Best Value Acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Romberg-Garrett, email suzanne.garrett@noaa.gov or faxed to 303-497-3163.

At a minimum the contractor shall provide the following information:

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT".

CAR 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to Suzanne.Garrett@NOAA.GOV. Questions should be received no later than 4:00 P.M. MDT/MST, 2/28/2020. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

Site Visit: All Bidders are strongly encouraged to make a site visit to inspect all proposed work and to acquire all necessary site information to properly prepare the Bid Proposal. Failure of the Contractor to visit the site and acquire all necessary site information to properly prepare the quote shall not be acceptable cause to justify a later request for additional costs after Contract Award. Any questions that come up at the site visit must be provided to Suzanne Romberg-Garrett via email at suzanne.garrett@noaa.gov. No questions will be answered on site.

RFQ FAR 52.237-1 SITE VISIT (APR 1984)

Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

CAR 1352.213-70 Technical Approach and Capability. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated. A contractor that has performed a site visit will be regarded with higher technical capability unless the contractor can provide a detailed technical approach write-up with their quote for the Government to consider in place of a site visit.

If you wish to have a site visit, please contact the following person(s):

JESSICA HOWELL

PH: 904-741-4370

EMAIL: JESSICA.HOWELL@NOAA.GOV

OR

SCOTT CORDERO

PH: 904-741-5186

EMAIL: SCOTT.CORDERO@NOAA.GOV

Please make sure you get acknowledgement for a visit.

NOTE: NOT ATTENDING THE SITE VISIT WILL NOT BE AN ACCEPTABLE CAUSE TO JUSTIFY A LATER REQUEST FOR ADDITIONAL FUNDS.

(IX) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a) the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be Lowest Priced Technically Acceptable (LPTA). All factors have the same value:

1. Price - Lowest Priced Technically Acceptable.

2. Past Performance - Quotes shall include at least two references relevant to the Offeror’s performance to provide the service being solicited. References must include the company name and contact person’s name, phone number and email. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

References must include the company name and contact person’s name, phone number and email. The Contractors past performance evaluation will be based on responsiveness, quality, and customer services. This is a PASS/FAIL. Not providing references is considered neutral.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after receipt, unless written notice of withdrawal is received before award.

(X) THE OFFEROR MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (DEC 2019) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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”— “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 veteransor, 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 with13 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 at13 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 CFR124.104(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 small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part127), 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.

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 least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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:

[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:

(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:

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

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

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

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

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

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

Other End Products:

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

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

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

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

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

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial 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. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding…