Sol_140P5125Q0022.pdf
PDF 3 MB Posted
- Attached to
- Provide Debris Removal - CAHA Federal contract opportunity
- Solicitation number
- 140P5125Q0022
About this file
This is a Request for Quote (RFQ) issued by the National Park Service (NPS) for debris removal services at Cape Hatteras National Seashore in Rodanthe, North Carolina. The solicitation seeks a contractor to remove sandbags, pilings, and abandoned pool remnants, and restore the site to natural beach conditions. The procurement is set aside for small businesses, with a total estimated performance period of two months from contract award.
The RFQ follows Lowest Price Technically Acceptable (LPTA) source selection procedures, with evaluation criteria including price, technical capability, and past performance. Offerors must be registered in the System for Award Management (SAM.gov) and self-certified under NAICS Code 238910 (Site Preparation Contractors). Quotes are due by June 2, 2025 at 1:00 PM EST, with a contract award anticipated shortly thereafter. The government estimates the contract value will be under the small business size standard of $19,000,000, and prospective contractors are highly encouraged to conduct a site visit before submitting their quote.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P5125Q0022_Amd_0001.pdf | ||
| B08_Attachment_0006_Questions_and_Answers_CPHA_0001.pdf | ||
| B03_Attachment_0002_WDOL_Wage_Determination_140P5125Q0022.pdf | ||
| B08_Attachment_0005_Site_Visit_Information_140P5125Q0022.pdf | ||
| A04_Attachment_0001_SOW_44016407.pdf | ||
| B08_Attachment_0004_Past_Performance_Questionnaire_140P5125Q0022.pdf | ||
| B08_Attachment_0003_Price_Schedule_140P5125Q0022.xls | XLS spreadsheet |
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Text version
140P5125Q0022
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
05/09/2025 0044016407
1 39
100 Alabama St., SW 1924 Building Atlanta GA 30303-8701
NPS SER EAST MABO
08/29/2025
NPS, Cape Hatteras NS
Outer Banks Group 1401 National Park Drive
Manteo
NC 27954
404 507-5747Edward Dingle
06/02/2025 1300 ED
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Period of Performance: 06/16/2025 to 08/29/2025
00010 Provide the removal of sandbags, pilings and associated pool remnants and restore the site to natural beach conditions for Cape Hatteras National Seashore Rodanthe, North Carolina per the attached statement of work.
Product/Service Code: P400 Product/Service Description: SALVAGE- DEMOLITION
OF BUILDINGS
Delivery: 08/29/2025
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
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Combined Synopsis/Solicitation for Commercial Services FAR 12.603
**OFFEROR’S ARE HIGHLY ENCOURAGED TO READ THIS DOCUMENT THROUGHLY **
Document Type: Combined Solicitation/Synopsis Solicitation Number: 140P5125Q0022 Posted Date: May 09, 2025 Original Response Date: June 02, 2025 Current Response Date: June 02, 2025, Product or Service Code: P500 Set Aside: Small Business NAICS Code: 238910
Contracting Office Address:
National Park Service Contracting Operations (ConOps) East 100 Alabama St. SW, Building 1924, 5th Floor Atlanta, GA 30303
Description:
This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
The National Park Service, Contracting Operations East has a requirement to provide removal of sandbags, pilings and associated pool remnants and restore the site to natural beach conditions for Cape Hatteras National Seashore Rodanthe, North Carolina. This solicitation is a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03 dated January 17, 2025.
The associated North American Industrial Classification System (NAICS) code for this procurement is 238910 - Site Preparation Contractors with a small business size of $19,000,000.00. The Product Service Code (PSC) is P500:
Salvage- Demolition Of Structures/facilities (other Than Buildings).
The contractor must have current Representation and Certifications in SAM.gov, submitted with quotes.
The Government contemplates the award of a single Firm-Fixed Price Contract using the best value – Lowest Priced Technically Acceptable (LPTA) source selection procedures. All eligible and responsible sources may submit a quote, which if timely received, shall be considered by the Agency. Companies must have valid Unique Entity Identifier and be registered with System for Award Management (www.sam.gov). SAM.gov offers free services. An offeror must ensure that they are self-certified under NAICS Code 238910 in the Representations and Certifications portion of SAM.gov. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.
The ESTIMATED period of performance will be two (2) months.
A site visit is scheduled, and prospective offerors are HIGHLY encouraged to visit the site to satisfy themselves as to the conditions of the site before submitting a quote. Attachment 0005 covers the site information.
http://www.sam.gov/
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Offeror’s Core Information:
Offerors Name: Offerors
Address: Offerors
Unique Entity Identifier (UEI): Offerors
Cage Code: Offerors
POC: Offerors
Phone: Offerors
Email: Offerors
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Services Required:
CAPE HATTERAS NATIONAL SEASHORE
Outer Banks Group
SCOPE OF WORK
REMOVAL OF ABANDONED POOL DEBRIS, PILINGS AND SANDBAGS
23273 MIDGETT’S MOBILE COURT, RODANTHE NC 27968
PMIS#349512A
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1.0 INTRODUCTION
The National Park Service (NPS) Cape Hatteras National Seashore (CAHA) will be contracting the removal of sandbags, house foundation pilings and abandoned pool debris on the shoreline in Rodanthe, NC.
1.1 OBJECTIVE
The purpose of this project is to perform the removal of sandbags, pilings and associated pool remnants and restore the site to natural beach conditions.
• A site visit is recommended prior to submitting a proposal.
• The contractor shall be responsible for verifying all measurements and site conditions prior to submitting a proposal and ordering material required for removal.
• NPS provided documentation and pictures of the debris are for general reference only. Onsite conditions may vary.
1.2 LOCATION
Figure 1: Cape Hatteras National Seashore Map
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Figure 2: Map Location 23273 Midgett’s Mobile Ct, Rodanthe, NC 27968
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1.3 BACKGROUND AND EXISTING CONDITIONS
Beach erosion in recent history has resulted in an increase of infrastructure from houses and roads once abandoned from years of previous beach erosion on the seashore to be uncovered along Cape Hatteras National Seashore.
23273 Midgett’s Mobile Ct, Rodanthe, NC 27968 was located at the very end of a former existing road and is a location where a home once was. This location was confirmed to be on Cape Hatteras National Seashore property on 4/1/2025. The park boundary line does change between tide cycles, but at the time of confirmation the remnants of the house that remained on the seashore were located within the park boundary. The remnants of the house that remain behind that need to be removed and disposed include 11 pilings (a few are 100 yards to the north), approximately 20- 30 sandbags and a 10’x20’ inground concrete pool.
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There are no known active existing public utilities on this site to address prior to demolition.
Removal of these pilings and pool debris will provide for long term protection of natural and cultural resources, safety, and recreational use along the seashore.
2.0 PERIOD OF PERFORMANCE
The contractor shall commence work under this contract within twenty-one (21) days after the date of award.
Removal and cleanup shall be completed within sixty (60) days of the contract award.
3.0 SCOPE OF WORK
This Statement of Work includes removing the debris of the 10’x 20’ inground concrete pool foundation, 11 wood timber pilings that are 10-15 feet deep in the sand and all sandbags on the shoreline (estimated to be 20 - 30 sandbags) and the hauling/disposal of the debris appropriately. Any discovered components of septic systems, piping, sandbags or other debris on the property will be removed completely as part of this project. All eleven timber piles will be removed fully, if they break, they must still be dug out and removed. Any remaining sandbags discovered while removing other items will also be removed completely as a part of this project. When all debris are removed completely, the ground will be graded level with surrounding grades. No fill materials will be used.
When disposing of any components of this debris removal, the contractor shall dispose of all items according to Federal, State, and local laws and ordinances. The contractor shall minimize the creation of deconstruction, and demolition waste where possible to protect and restore natural habitat and resources. Factors that contribute to waste such as over packaging, improper storage, ordering error, poor planning, breakage, mishandling, and contamination shall be minimized. The contractor shall provide a Waste Management Plan.
The contractor shall always keep the premises clean, free of accumulation of waste materials and rubbish, and the roads clean of all droppings from their trucks.
The contractor shall operate only within the park property limits, which includes the property line for the house. For any additional space needs that cannot be achieved within the park property limits, the contractor shall provide requirements for space and the park will work with the county and or state or local homeowners to determine available areas.
3.1 Pre-Removal Inspection
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To limit debris from entering the ocean or being washed down the seashore the COR must approve the method and route of removal for all items listed. No work shall begin until all necessary protective fencing, signing, and barricades have been approved by the COR in the field.
3.2 Remove Harmful Materials
All material identified as hazardous by the North Carolina Department of Environmental Quality (NCDEQ) or the Environmental Protection Agency (EPA) shall be disposed of in accordance with NCDEQ and EPA regulations.
3.3 Removal of Pool, Pilings, Sandbag and Remnants
The contractor shall remove:
• All remaining pieces of the pool.
• All pilings on site – 11 total pilings have been identified.
• All wastewater system components, if any are discovered onsite.
• All sandbags and remnants of any manmade debris.
The contractor shall remove all pieces of the pool. All concrete, tile, rebar, framing, and piping shall be removed.
The contractor shall remove all identified pilings. All lumber, bolts, brackets, and concrete shall be removed.
The contractor shall remove all components of any wastewater system component, if discovered onsite. All tanks, distribution boxes, grinders, piping, and drain field lines shall be removed.
The contractor shall remove all sandbags and remnant of any manmade debris. All sandbag material shall be removed. Any pipe, lumber, metal, asphalt paving, building block, brick, stone, concrete, and all scrap that is visible shall be removed. All foundation walls, piling, concrete blocks, or any other manmade structures discovered while removing the visible debris. The only thing left behind should be the sand.
No components shall be abandoned in place.
3.4 Post Removal Site Restoration
Debris from the home site shall be removed completely. The contractor shall screen the sand to ensure all small (6 inches to 10 inches in length/diameter) and medium (10 inches to 40 inches in length/diameter) sized pieces of debris are removed completely. Visual inspection will be conducted by the COR that debris has been removed completely at the pre-final inspection and final inspection.
The ground shall be graded level with surrounding grades. No fill materials will be used.
Upon completion of this contract the contractor shall remove all apparatus, tools, equipment, surplus materials, rubbish, etc. and shall leave the premises clean, neat, orderly, and otherwise in good condition, similar to the shoreline surrounding the existing properties.
4.0 OTHER REQUIREMENTS
4.1 Project Meetings, Scheduling and Coordination
A post award meeting will be required either by phone or on-site. The contractor shall have at least daily coordination and provide daily reporting of progress to the COR. Once the contractor has completed the demolition a pre-inspection shall be conducted with the COR. Once all items (if any) identified in the pre-inspection are resolved, the contractor shall conduct a final inspection with the COR. The contractor shall provide all submittals referenced below in 4.5 Submittals, in accordance with their required timeframe.
4.2 Responsibility and Protection of Adjacent Property
The contractor shall be responsible, at their expense, to repair any damages to other properties that result from their actions.
4.3 Final Inspection and Acceptance
When all work of this contract has been completed and the cleanup performed, the COR will make the final inspection after receipt of a written request by the contractor. When all errors and omissions disclosed by the final inspection have been corrected, acceptance will be in writing, but until such acceptance, the contractor shall be responsible for the work covered by this contract.
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4.4 Responsibility
The contractor shall direct, coordinate, and supervise all work under this contract. Likewise, the contractor shall inspect all equipment and apparatus engaged in this operation to assure its safe operations and will coordinate their activities through the COR.
4.5 Submittals
The intent is to provide an overall summary of the submittal requirements and not a comprehensive list. The requirements of the terms and conditions of the contract still apply regardless of what is shown on the submittal list.
Submittals required prior to pre-construction meeting and mobilization:
• Project Schedule
• Accident Prevention Plan/Safety Plan/Site Plan
• Demolition and Disposal Plan (must include at a minimum the below) o Equipment Placement/Storage Plan o Waste Management Plan o Routes of Travel Plan
• List of Subcontractors (if applicable)
Submittals required during demolition:
• Daily Reports
• Waste Material Dump Receipts
• Reuse/Salvage/Recycle Manifests/Invoices
• Project Schedule Updates or Changes
5.0 SAFETY
All work performed on government property will be accomplished in accordance with OSAH, EPA, Federal, State, and local regulations and requirements. Prior to starting work, the contractor shall submit an Accident Prevention Plan/Safety Plan for approval. The safety plan must address at a minimum the following:
• Heavy Equipment Operations
• Public/visitor Safety (barriers/signage, etc.)
• Personal Protective Equipment (PPE) to be used
• Emergency Response Protocols
• Personnel Training Requirements
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CLAUSES INCORPORATED BY REFERENCE
52.252-2 Clauses Incorporated by Reference FEB 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/
52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-7 System for Award Management NOV 2024 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on a ByteDance Covered Application JUN 2023 52.204-27 Prohibition on Contracting for Hardware, Software, and DEC 2023
52.212-1
Services Developed or Provided by Kaspersky Lab Covered Entities Instructions to Offerors--Commercial Items SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Items NOV 2023 52.226-8 Encouraging Contractor Policies to Ban Text Messaging MAY 2024
52.232-1 While Driving Payments FEB 1998
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business MAR 2023
52.237-2 Subcontractors Protection of Government Buildings, Equipment, and APR 1984 Vegetation
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
Award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors that represents the Best Value – Lowest Price Technically Acceptable (LPTA) offer The following factors shall be used to evaluate offers:
(1) Price
(2) Technical Capability
(3) Past Performance
Technical Capability and past performance, when combined, are equal when compared to price.
(b) Options. The Government will evaluate offers or award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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 its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAY
2024)
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 http://www.acquisition.gov/far/
12 | P a g e 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.
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Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended. "Sensitive technology"—
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 (SDVOSB) concern means a small business concern—
(1) (i) Not less than 51 percent of which is owned and controlled 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; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
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(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women
Women-owned small business concern means a small business concern—
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(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.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that—
(i) It □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(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) SDVOSB 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 that it □ is, □ is not an SDVOSB concern.
(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR
128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
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(5) 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 124.1001.
(6) 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.
(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) 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.
(10) 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:
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(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.
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(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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical 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 Exceeds 55% domestic content (yes/no)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No.
[List as necessary]
(4) 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.)
http://uscode.house.gov/
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(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical 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 Bahraini, 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 Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN Exceeds 55% domestic content (yes/no)
[List as necessary]
(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see
FAR 25.105).
Line Item No.
[List as necessary]
(v) 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 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:
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(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Israeli End Products:
LINE ITEM NO.
[List as necessary]
(3) 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 paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:
(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf (COTS) item,” “critical 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.”
(g)(1)(ii) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Korean End Products or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
List as necessary]
(4) 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)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American 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.
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(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 the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §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).]
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(1) Listed end products.
LISTED END PRODUCT LISTED COUNTRIES OF ORIGIN
(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 exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that–
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by…
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