Solicitation - W912P921R0032 - Supply and Install hand dryers.pdf

US Army Corps of Engineers St. Louis District

Supply and Install hand dryers

Lake Carlyle Project Office 801 Lake Road Carlyle, IL, 62231

COMBINED SYNOPSIS &

SOLICITATION W912P921R0032

W912P921R0032

Section A - Solicitation/Contract Form

Combined Synopsis/Solicitation Number: W912P9-21-R-0032 – Request for Quotes

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.603 –

Streamlined Solicitation for Commercial Items, and FAR Part 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2021-02, dated 11-23-2020.

The requirement is for a 100% small business set-aside under NAICS code 561790, Other Services to Buildings and

Dwellings. The size standard for this NAICS codes is $8M. This solicitation is being issued as a Request for

Quotation (RFQ), for a Brand-Name or Equal Firm Fixed type contract.

Description: The Contractor shall supply, install, and make operable new electric hand dryers in all comfort stations, shower buildings, administration building, and visitor center at the Carlyle Lake Project in accordance with specifications/scope of work.

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest price technically acceptable of responsible offers whose product/service meets the requirements as listed in the purchase description, specifications, and work statement.

Offerors are required to be actively registered with the System for Award Management (SAM) at www.beta.sam.gov prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Offerors must submit the following documents for this solicitation:

1. The offerors shall submit a price for CLIN 0001. Additional Instruction is located in the addendum to 52.212-2

EVALUATION--COMMERCIAL ITEMS (OCT 2014).

2. A technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Additional Instruction is located in the addendum to 52.212-2

EVALUATION--COMMERCIAL ITEMS (OCT 2014).

3. Please provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

Commercial Items with your offer

Questions: Please provide your questions by Friday, February 26, 2021, by 10:00 AM (CST). Questions can be provided electronically to Contract Specialist (John Crawford) to the email address below. All inquiries will be answered in writing and provided to all Offerors via Contract Opportunities at www.beta.sam.gov.

Please submit all quotes electronically to Contract Specialist, John Crawford, at the below email address by 12:00

PM (CST) on Friday, March 05, 2021. The electronic quotes and documents shall be in Portable Document Format

(PDF) compatible with Adobe Reader.

Quotes should be emailed:

Phone: 931-624-2372

Email: john.s.crawford@usace.army.mil

The Government reserves the right to cancel this solicitation. Please fill out information below:

Contractor's Name:

http://www.beta.sam.gov/ http://www.beta.sam.gov/

Address:

Contractor's Phone #:

Contractor's Email address: ________________________

Tax ID #:

Cage Code:

Dun's Number: _____________________

Contractor Signature;

INSTRUCTIONS TO OFFERORS

Addenda to 52.212-1, Instructions to Offerrors – Commercial

1. This acquisition will be solicited in accordance FAR subpart 13.106-1, and will include the applicable provisions/clauses for commercial acquisitions IAW FAR part 12 – Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items.

a. The quote should be emailed to John Crawford by the closing date and time.

If an quote is e-mailed to the POC shown below, it is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time. Upon receipt of an electronic quote, the Government will acknowledge receipt of that quote.

2. Quote Submission Instructions –

Quote Submission Instructions –Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

(a) Unit Price for all CLIN/specifications. Offeror shall submit a breakout of cost to include labor, materials etc. for

CLIN 0001 and total price for CLIN 0001;

(b) Technical (see clause FAR 52.212-2, Evaluation – Commercial Items)

(c) Signed acknowledgments of amendments (applicable only if any amendments are issued against this solicitation);

and

(d) A completed copy of the provision at 52.212-3, Offeror Representations and Certifications --Commercial Items, or a statement that the offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. If the latter of the two options is selected, then the offeror verifies by submission of this quote that the representation 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 RFQ.

(a) In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to past performance information retrieved through the

Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting

System (CPARS), using all CAGE codes/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract

Reporting System (eSRS), and any other known sources not provided by the Offeror.

3. The quote shall include full specifications of proposed product. Quotes may be submitted on company letterhead. The Offeror agrees to hold the prices in its quote firm for 90 calendar days.

Failure to submit the above requirements may be grounds for determining the quote to be technically unacceptable and not eligible to be considered for award.

EVALUATION OF AWARD

Addenda FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) Offers received will be evaluated in accordance with FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible offeror whose quote 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

Price

Factor 1 – Technical. Technical acceptability is defined as meeting the Government’s Item Purchase

Description/specification and scope of work for CLIN 0001 and complying with the required period of performance schedule/specifications.

Adjectival Rating Description

Acceptable Based on the offeror’s offer, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable Based on the offeror’s offer, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 2 – Price. This factor will use price analysis to determine the total evaluated price in order to support the selection of the lowest priced, technically acceptable proposal. The offeror’s price proposal will be evaluated using the price analysis techniques described at FAR 13.106-3(a) to determine which proposal offers the total evaluated lowest price to the Government. The award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factor.

(b) 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.

(c) For acquisitions that do not exceed the simplified acquisition threshold and for which automatic notification is not provided through an electronic commerce method that employs widespread electronic public notice, notification to unsuccessful suppliers shall be given only if requested or required by 5.301.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

Supply and Install Hand Dryers

FFP

The Contractor shall supply, install, and make operable new electric hand dryers

(please see below salient characterisitcs) in all comfort stations, shower buildings, administration building, and visitor center at the Carlyle Lake Project in accordance with specifications listed herein.

XLERATOR XL-BW

Automatic High-Speed Hand Dryer

White Thermoset Plastic Cover

1.1 Noise Reduction Nozzle

12.5 Amp

110/120 Volts

(Brand name or equal) FOB: Destination

PSC CD: N072

NET AMT

Section C - Descriptions and Specifications

SCOPE OF WORK

Supply and Install Hand Dryers Scope of Work

US Army Corps of Engineers, St. Louis District

Carlyle Lake, Carlyle Illinois

1. GENERAL

1.1 Scope. The Contractor shall supply, install, and make operable new electric hand dryers in all comfort stations, shower buildings, administration building, and visitor center at the Carlyle Lake Project in accordance with specifications listed herein. Hand dryers must surface mounted and must meet or exceed specifications for the

XLERATOR XL-BW Automatic High-Speed Hand Dryer with White Thermoset Plastic Cover with 1.1 Noise

Reduction Nozzle, 12.5 Amp, 110/120 Volts. All contractors shall either be licensed within their respective state of residence or metropolitan area of business. All installation procedures will meet manufactures specifications and recommendations. All electric and electrical connections shall be done by a licensed electrician in accordance with state, local, and the National Electric Codes requirements.

1.2 Contracting Officer. The term "Contracting Officer" (CO) refers to the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer. The term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer

(COR) acting within the limits of his authority.

1.3. Safety Requirements. All work shall be performed in accordance with safety requirements set forth in the Corps of Engineers Manual, EM 385-1-1, entitled “Safety and Health Requirements Manual”, 30 November 2014, a copy is available at http://www.publications.usace.army.mil/Portals/76/publications/EngineerManuals/EM_385-1-1.pdf.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web. The

COR will notify the Contractor of any noncompliance with these provisions. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the COR may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess cost or damages by the

Contractor. Compliance with the provisions of this clause by subcontractors will be the responsibility of the contractor.

1.4. Work Period. Work listed herein shall start no later than 15 March 2021 and be completed by 15 April 2021.

Normal working days for the contractor shall be Monday through Friday (0700 - 1630 hours), except Federal

Holidays.

1.5. Vehicle Use. The Contractor shall not drive off the paved or gravel access roads onto the grass at any time without prior approval of the COR.

1.6. Work Site. The work areas are located in heavily used recreational areas where many visitors may be present.

Also, there may be other Contractors working in the area. All contractors shall coordinate their work schedules to avoid conflicts.

2. CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

2.1. Equipment, Materials, and Supplies. The contractor shall furnish and install all materials need to make hand dryers operational. Materials may include but not limited to wire, wire nuts, conduit, junction boxes, and breakers.

All materials shall be installed in a safe operating condition in accordance with paragraph 1.3 Safety.

3. DESCRIPTION OF WORK

3.1. Location. All work is to be accomplished at Carlyle Lake in multiple Recreation Areas, the Administration building, Visitor Center, and Maintenance Compound. (See Appendix A for approximate locations.)

http://www.publications.usace.army.mil/Portals/76/publications/EngineerManuals/EM_385-1-1.pdf

Location and Building QTY

Boulder Boat Ramp Comfort Station 2

Boulder Laundry/Shower Building 2

Boulder Comfort Station #1 2

Boulder Comfort Station #2 2

Boulder Comfort Station #3 2

Coles Creek Boat Ramp Comfort Station 2

Coles Creek Beach Shower Building 2

Coles Creek Laundry/Shower Building 2

Coles Creek Comfort Station #1 2

Coles Creek Comfort Station #2 2

Coles Creek Comfort Station #3 2

Coles Creek Comfort Station #4 2

Coles Creek Comfort Station #5 2

McNair Beach Comfort Station 2

McNair Shower Building 2

McNair Area C Restrooms 2

East Spillway Comfort Station 2

West Spillway Comfort Station 2

Dam West Beach Shower Building 2

Dam West Boat Ramp Comfort Station 2

Dam West Campground Laundry/Shower Building 2

Dam West Campground Comfort Station 2

Dam West Mini shower Building 6

Dam West Loop 3 Comfort Station 2

Keyesport Comfort Station 2

Maintenance Compound Necessary Room 2

Administration Building 2

Visitor Center 3

4. PROTECTION OF GOVERNMENT PROPERTY AND THE ENVIRONMENT

4.1. Cleanup. The Contractor shall be responsible for the cleanup and disposal of all trash and debris left from installation. Any disturbed soil must be leveled and prepped, seeded, fertilized, and strawed. Grass seed shall be at a rate of 110 pounds per acre and consist of a viable mixture of Tall Fescue and Perennial Rye Grass. Fertilizer shall be a ratio of 10-30-10 and the amount shall be applied by the standard horticulture practice for establishing new turf.

4.2. Protection of Buildings, Equipment, and Vegetation. The Contractor shall be responsible for restoring any

Government facilities or structures damaged as a result of his/her operations. Care shall be used to avoid damage to existing structures, equipment, and vegetation in the recreational areas and other areas of Government property. Any such damage shall be repaired, or the items replaced as directed by the Contracting Officer at no cost to the

Government. If the Contractor does not make such repairs or replacements, the cost thereof will be deducted from payments to be made to him/her. The Contractor shall advise the Contracting Officer of any damage to the facilities due to vandalism or other causes on the day he/she first notices such damage

5. INSPECTION AND ACCEPTANCE. The materials will be inspected under the general direction of the

Contracting Officer, and is subject to inspection by his appointed inspectors to insure strict compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Formal acceptance will be made by the Contracting Officer for and in behalf of the Government.

6. CONTRACT ADMINISTRATION DATA. Payment will be made for the work actually performed and:

(1) Upon receipt of the correct invoice. Invoice shall contain the following information: Contractor's name and address as it appears on the contract: contract number; item number(s); contract description of supplies or services, unit price and extended totals.

(2) Upon submission to the CO a complete accounting of all man-hours used to accomplish the job (including administration time).

7. SPECIAL PROVISIONS

7.1. Contractor's Responsibility. It is understood and agreed to by the Contractor that he assumes full responsibility for the safety of his employees and for any damage of injury done by or to them from any source or cause. Any damages incurred will be the responsibility of the Contractor.

7.2. Contract Performance. During the progress of the contract if it becomes apparent that the Contractor is unable or unwilling to perform the work in accordance with Contract specifications, he will acquire additional supplies, equipment, and personnel as may be required by the contracting Officer or his/her authorized representative to ensure that the work is accomplished. If any work performed is not in conformity with the requirements of this contract, the Government will have the right to require the Contractor to immediately take all necessary steps to insure future performance of the services in conformity with the requirement of the contract; and reduce the contract price to reflect the reduced value of the services performed. In the event the Contractor fails to promptly take necessary steps to insure future performance of the services in conformity with the requirements of the contract, the

Government will have the right to by contract or otherwise have the services performed in conformity with the contract requirements and charge to the Contractor any cost occasioned by the Government that is directly related to the performance of such services.

For any questions concerning this solicitation please contact Jason Selle at the Carlyle Lake Project Office at (618)

594-2484.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-MAR-2021 TO

15-APR-2021

N/A CARLYLE LAKE / KASKASKIA NAV PROJ

HANNAH KAMPWERTH

US ARMY ENGR DIST ST LOUIS

801 LAKE ROAD

CARLYLE IL 62231-1267

618-594-2484 (6116)

FOB: Destination

965110

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-14 Service Contract Reporting Requirements OCT 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-2 Evaluation - Commercial Items OCT 2014

52.232-1 Payments APR 1984

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items OCT 2020

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2020)

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

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--https://www.sam.gov/

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

(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

W912P921R0032 Page

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

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

51 percent of its stock is owned by one or more women; or

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(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(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 will be performed in the United

States or its outlying areas. Check all that apply.

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

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

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

http://www.sam.gov/

(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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

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

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

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

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

End Products) or Israeli End Products:

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -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 (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; 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 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 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. 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).] https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086

(1) Listed end products.

Listed End Product Listed…