Sol_140P6020Q0015.pdf

140P6020Q0015

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

04/13/2020

1 41

601 Riverfront Drive Omaha NE 68102

NPS, MWR - MWRO MABO

12/31/2020

NPS, MWR, Sleeping Bear Dunes

9922 Front Street

HWY M-72

Empire

MI 49630

402 661-1698Nicholas Murray

04/28/2020 1300 CT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The Department of Interior, National Park Service, Midwest Region Major Acquisition Buying Office is issuing solicitation 140P6020Q0015 to collect refuse and recyclable cardboard and disposal of same at Sleeping Bear Dunes National Lakeshore boundaries, Empire, MI.

In order to be awarded a contract an offeror must have a DUNS number, be registered and active in the System for Award Management (SAM), http://www.sam.gov at the time of offer and time of award, and have completed their Online Representations and Certifications.

Continued ...

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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0015

THIS PROCUREMENT IS FULL AND OPEN WITH NO

BUSINESS SIZE RESTRICTIONS.

Type of Contract: One (1) Firm-Fixed Price

Contract will be awarded.

NAICS CODE: 562111 - Solid Waste Collection. The small business standard is $41.5M.

THE PROJECT IS SUBJECT TO THE SERVICE CONTRACT

ACT: Wage Determination No.: 2015-4878, Revision

No.: 14

REQUIRED SUBMISSION DOCUMENTS:

1. Complete the price schedule in Section B of

Solicitation

2. Complete and Signed SF-18

3. Review all required vendor completion sections within the solicitation document and provide all requested documents and information in the instruction to offeror section of the solicitation.

PLEASE BE ADVISED THAT THIS REQUIREMENT MAY BE

DELAYED, CANCELLED, OR REVISED AT ANY TIME DURING

THE PROCESS BASED ON DECISIONS RELATED TO THE

DEPARTMENT OF INTERIOR (DOI) AND NATIONAL PARK

SERVICE (NPS).

00001 2020 Refuse Contract

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Delivery: 12/31/2020

Period of Performance: 07/01/2020 to 12/31/2020

00002 2021 Refuse Contract

(Option Line Item)

01/01/2021

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 01/01/2021 to 12/31/2021

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P6020Q0015

00003 2022 Refuse Contract

(Option Line Item)

01/01/2022

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 01/01/2022 to 12/31/2022

00004 2023 Refuse Contract

(Option Line Item)

01/01/2023

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 01/01/2023 to 12/31/2023

00005 2024 Refuse Contract

(Option Line Item)

01/01/2024

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 01/01/2024 to 12/31/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 4 of 41

Supplies or Services/Prices

PRICE SCHEDULE

Description/Specifications See Attachment 1 - A04 SOW

List of Documents, Exhibits and Other Attachments 52.212-1 Instructions to Offerors -Commercial Items (OCT 2018) Addenda to FAR 52.212-1, Proposal Preparation Instructions 52.212-2 - Evaluation -- Commercial Items (OCT 2014) 52.209-11 Covered Telecommunications Equipment or Services-Representation (Dec 2019) 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.212-04 Amended, Paragraph (c) is hereby amended as follows:

52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders— Commercial Items (Deviation 2018-O0021) (Sep 2018) 52.217-8 -- Option to Extend Services (Nov 1999) 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52-222-25 Affirmative Action Compliance (APR 1984) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors. Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-2 Service of Protest (Sept 2006) 1452.201-70 Authorities and Delegations (SEP 2011) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)...39

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICING PROCESSING

PLATFORM (IPP) (APRIL 2013)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-1 Small Business Program Representations. (OCT 2014) 52.222-21 -- Prohibition of Segregated Facilities. (APR 2015) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (AUG 2018) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.232-1 Payments. (APR 1984) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 5 of 41

52.246-4 Inspection of Services -- Fixed-Price. (AUG 1996)

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 6 of 41

Supplies or Services/Prices

PRICE SCHEDULE

Each proposed item shall include all cost for materials, labor, expenses, fees, overhead and profit associated with each proposed item. (NOTE: the acronym “CTL” means collections)

ITEM DESCRIPTION QUANTITY UNIT UNIT COST PRICE

0010 2020 Schedule Platte River Campground 728 CLT $_________ $_________

Empire Maintenance Area 136 CLT $_________ $_________

Empire Maintenance Cardboard 10 CLT $_________ $_________

Maintenance Shop 890 CLT $_________ $_________ ISLAND Compacted Trash

Empire Housing Area 34 CLT $_________ $_________

D.H Day Campground 352 CLT $_________ $_________

TOTAL _________ CLT $_________ $_________

0020 2021 Schedule Platte River Campground 728 CLT $_________ $_________

Empire Maintenance Area 136 CLT $_________ $_________

Empire Maintenance Cardboard 10 CLT $_________ $_________

Maintenance Shop 890 CLT $_________ $_________ ISLAND Compacted Trash

Empire Housing Area 34 CLT $_________ $_________

D.H Day Campground 352 CLT $_________ $_________

TOTAL _________ CLT $_________ $_________

0030 2022 Schedule Platte River Campground 728 CLT $_________ $_________

Empire Maintenance Area 136 CLT $_________ $_________

Empire Maintenance Cardboard 10 CLT $_________ $_________

Maintenance Shop 890 CLT $_________ $_________ ISLAND Compacted Trash

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 7 of 41

Empire Housing Area 34 CLT $_________ $_________

D.H Day Campground 352 CLT $_________ $_________

TOTAL _________ CLT $_________ $_________

0040 2023 Schedule Platte River Campground 728 CLT $_________ $_________

Empire Maintenance Area 136 CLT $_________ $_________

Empire Maintenance Cardboard 10 CLT $_________ $_________

Maintenance Shop 890 CLT $_________ $_________ ISLAND Compacted Trash

Empire Housing Area 34 CLT $_________ $_________

D.H Day Campground 352 CLT $_________ $_________

TOTAL _________ CLT $_________ $_________

0050 2024 Schedule Platte River Campground 728 CLT $_________ $_________

Empire Maintenance Area 136 CLT $_________ $_________

Empire Maintenance Cardboard 10 CLT $_________ $_________

Maintenance Shop 890 CLT $_________ $_________ ISLAND Compacted Trash

Empire Housing Area 34 CLT $_________ $_________

D.H Day Campground 352 CLT $_________ $_________

TOTAL _________ CLT $_________ $_________

GRAND TOTAL _________ CLT $_________ $_________

- END OF SCHEDULE –

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 8 of 41

Description/Specifications

See Attachment 1 - A04 SOW

List of Documents, Exhibits and Other Attachments

Attachment Number Title

2 A06 Drawings (Site Map) 3 2020 BU Garbage Collection Calendar 4 2021 BU Garbage Collection Calendar 5 2022 BU Garbage Collection Calendar 6 2023 BU Garbage Collection Calendar 7 2024 BU Garbage Collection Calendar

52.212-1 Instructions to Offerors -Commercial Items (OCT 2018)

Addenda to FAR 52.212-1, Proposal Preparation Instructions

1. GENERAL INFORMATION

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in their proposal, all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified. Failure to meet a requirement may result in an offer being ineligible for award.

Contractor questions regarding this solicitation will be accepted in writing by email to:

nicholas_m_murray@nps.gov. All questions shall be received no later than 5 calendar days following the issuance of solicitation.

2. POINT OF CONTACT

The Government point of contact listed below is the sole point of contact for this solicitation. Offerors shall address all questions (price and/or technical) or any concerns to Nicholas M Murray at nicholas_m_murray@nps.gov

3. WHERE TO SUBMIT

Offerors shall submit their proposal to the Contract Specialist, Nicholas M Murray, electronically only at nicholas_m_murray@nps.gov . No hardcopy or facsimile proposals will be accepted.

4. SUBMISSION DEADLINE

Offers shall be submitted by the time and date as specified in Block 10 of Standard Form 18 unless changed by amendment.

5. PROPOSAL FORMAT

a. Solicitation number shall be marked clearly on all proposal documents.

mailto:nicholas_m_murray@nps.gov

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 9 of 41

b. All proposals shall contain the submission requirements stated herein. The proposal must be submitted in one email to nicholas_m_murray@nps.gov containing all submission materials.

Contents shall follow the ORGANIZATION OF EVALUATION FACTORS below and pages shall be numbered. Oral, hard copy, and facsimile proposals will not be accepted.

c. Page Format Restrictions and Limitations: Proposals will be 8 ½ " x 11" paper. Proposals shall not exceed (75) pages and typing shall not be less than 11 pitch for readability. A page is defined as one face of a sheet of paper containing information.

d. Proposal clarity, organization (as stated in this solicitation) and cross-referencing are mandatory.

6. ORGANIZATION OF DOCUMENTS AND SUBMISSION REQUIREMENTS

Offeror shall submit a price for all items as described in the solicitation and all addenda. Offeror shall provide detailed price breakouts for all work to include labor hours, materials, overhead, and profit for base and all optional items.

PROPOSAL DOCUMENTS shall be submitted in SEPARATE word, excel, or pdf files:

Document 1 -- Technical Evaluation (Factor 1)

Provide resumes or similar documentation for all personnel managing the work of this project.

Describe your plan for accomplishing the work including a schedule of events.

Document 2 -- Past Performance (Factor 2)

Offerors must submit three (3) examples of completed projects that are similar in magnitude and scope to the project outlined in the Statement of Work with supporting details that provide information on the performance quality of the work performed. Contact information SHALL be provided so that the Government may contact and confirm the information provided. Additionally, the Government may consider any and all other sources of information, including, but not limited to, contacting the contractor or contracting officer of the projects provided, and retrieval of information from the Past Performance Information Retrieval System (PPIRS).

NOTE: A rating of Neutral will be used when no relevant Past Performance record is available.

This is neither a negative or positive assessment

Document 3 –PRICE (Factor 3)

Price proposals are evaluated by the Contracting Officer. A Cost/Price Analysis will be performed, and additional data may be requested from the Offeror. Price Reasonableness of proposals will be determined, and if necessary, a Competitive Range will be set. The criteria used to evaluate Price Reasonableness will include a comparison of all offer prices, the government estimate, and other data as required. Any offerors whose proposals have been eliminated from the competition shall be notified immediately.

NOTE: If applicable, all amendments must be acknowledged in Block 19.

Document 4 – SAM.gov printout or Section K Representations and Certifications

Offeror shall submit a SAM.gov printout of their Representations and Certifications and choose paragraph (d) of provision 52.204-8 located in Section K. If SAM record is not available, offerer may complete the entirety of Section K of this solicitation. Section K must be thoroughly completed to be evaluated as acceptable.

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NOTE: SAM registration is required for an award of contract (See FAR 4.1102)

7. CLARIFICATIONS, COMMUNICATIONS, AND DISCUSSIONS

All Communications with Offerors will be held in accordance with FAR Part 52.215-1 Instructions to Offerors—Competitive Acquisition.

8. BASIS OF AWARD

Award will be made using Simplified Acquisition Procedures, therefore the evaluation procedures at FAR 13.106-2 will be used. A firm-fixed price award will be made to the responsible offeror submitting the quote that provides the best value to the Government. In determining best value, the following factors will be considered: (1) Technical Capability (2) Past Performance and (3) Price.

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.

52.212-2 - Evaluation -- Commercial Items (OCT 2014)

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

TECHNICAL EVALUATION (Factor 1)

Describe your plan for accomplishing the work including a schedule of events. Provide resumes or similar documentation for all personnel managing and performing the work of this project. Provide a minimum of two examples of previously completed projects completed within the last three years that are of similar size and scope as this project. Describe the project requirement, work performed, and outcome. Information should be short and concise but provide the Government with enough detail to determine if the offeror meets the Government’s technical criteria.

PAST PERFORMANCE (Factor 2)

Provide contact information and supporting details for (2) projects performed in the last 3 years that are similar in magnitude and scope to the project outlined in the Statement of Work. The supporting details should provide information on the performance quality of the work performed. Additionally, the Government may consider any and all other sources of information, including, but not limited to, contacting the contractor or contracting officer of the projects provided, and retrieval of information from the Past Performance Information Retrieval System (PPIRS).

NOTE: A rating of Neutral will be used when no relevant Past Performance record is available. This is neither a negative or positive assessment.

PRICE (Factor 3)

The government requires a breakdown of cost for each line item. Offeror shall submit a price for all items as described in the Scope of Work. Offeror must fill in the “pricing schedule” within section B of the solicitation. Additions will be subject to verification by the Government. Realism is defined as costs in an offeror's proposal considered reasonable for the work to be performed, reflecting a clear understanding of the requirements, and consistent with the various elements of the offeror's proposal.

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All evaluations will be documented with an evaluation write-up. The evaluation write-up will assign an adjective rating to each factor, which reflect the Government's confidence in each offeror's ability, as demonstrated in its proposal, to perform the requirements stated in the RFQ. Price Reasonableness of quotes will be determined, and if necessary, a Competitive Range will be set. The criteria used to evaluate Price Reasonableness will include a comparison of all offer prices and the government estimate. Any offerors whose quote has been eliminated from the competition shall be notified immediately.

The Government reserves the right to make award without discussions. Therefore, the Offeror's quote should contain the Offeror's best terms from a cost or price and technical standpoint. The Government also reserves the right to enter into discussions if it is determined to be in the Government's best interest.

(End of Provision)

52.209-11 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(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.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 12 of 41 not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018)

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 (u)) of this provision.

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

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

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

(6) 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

(7) 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;

https://www.sam.gov/

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 13 of 41

(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—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of 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.

(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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

http://www.sam.gov/

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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(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 Order 11246 --

(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 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

140P6020Q0015 SLBE_Refuse Collection & Disposal Page 18 of 41 lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

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(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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.:

[List as necessary]

(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:

Line Item No.: Country of Origin:

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(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--

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

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

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

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $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 appear 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.