19Q1212_Solicitation.docx

W15QKN19Q1212

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PERFORMACE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

ENVIRONMENTAL ASSESSMENT OF

HOTEL RANGE RENOVATION

U.S. ARMY GARRISON FORT DEVENS

DIRECTORATE OF PUBLIC WORKS

30 QUEBEC STREET, BOX 10

DEVENS, MA 01434

SPECIFICATION NO. PWE-505A2-9J

1.2 Administrative. The Contractor shall commence this work within 15 days from contract issuance. The first day of the project will be considered to be the kick-off meeting to be held at USAG Fort Devens, Directorate of Public Works, Environmental Division, 30 Quebec Street, Building 666, Devens, MA 01434. The total performance period shall be twelve (12) months.

2.0 Description of Services.

2.1 Plans and Schedule (CLIN 0001). The Contractor shall prepare a project schedule that identifies completion dates for key milestones, a Quality Control Plan (QCP), and a Health and Safety Plan (HASP). At a minimum, the QCP should include:

· Purpose

· Applicability of the Plan

· Appropriate References

· General Information Related to the Project

· Identification and Discussion of all Organizational and Technical Interfaces

· Study Team – Names and Roles

· Independent Technical Review Team – Names and Roles

· Schedule – By Task

· Identification of the Method to be used for Management of Review Comments

· Special Consideration

2.2 Project Management (CLIN 0002). The Contractor shall complete project management activities required to support the project. This will include, but is not limited to, monthly progress reports, invoicing, conducting teleconferences (at least monthly), updating schedules, and preparing meeting minutes.

2.3 Environmental Assessment (CLIN 0003). The Contractor shall prepare an EA that, in general, includes (1) the purpose and need for the proposed action, (2) a description of the proposed action, (3) the alternatives considered (including the "no action" alternative), (4) the affected environment (baseline conditions), (5) the potential environmental consequences of the proposed action and the alternatives, (6) a listing of agencies and persons consulted, and (7) a finding on whether or not the environmental impacts are significant. Specifically, the draft EA shall include:

a. Descriptions of the existing physical, biological, man-made, socioeconomic, and cultural environment;

b. Descriptions of the potential impacts on the physical, biological, man-made, socioeconomic, and cultural environment;

c. Categorization of the potential impacts by geographical area (i.e., on site, immediate vicinity, etc.);

d. Definitions and discussions of primary, secondary, cumulative, and long-term impacts of the proposed activity;

e. A comparative discussion of the potential impacts of the proposed action and the reasonable alternatives, including the “no action” alternative, on the affected environment;

f. Descriptions of measures to be implemented by the Government to avoid, minimize, compensate, and/or mitigate for any potential adverse environmental impacts resulting from the preferred alternative;

g. Descriptions of any unavoidable adverse impacts should the preferred alternative be implemented;

h. A general analysis of any applicable requirements outlined in the Energy Independence and Security Act of 2007 and Executive Order 13693, Planning for Federal Sustainability in the Next Decade.

i. Supporting documentation for all of the above including a regional map displaying the location of the installation and the project site and any other necessary visual resources.

To fulfill items (a) – (i) above, the draft EA shall address, at a minimum the following resource areas using, as appropriate, literature review, interviews, site-specific data, geospatial / geographic information systems, and comparable sites / projects:

· Air Quality[footnoteRef:1] [1: Compliance with the General Conformity Rule must be shown and quantitative description of air quality impacts must be documented if the property is located in a non-attainment or maintenance area for one or more of the National Ambient Air Quality Standards.]

· Human Health & Safety

· Biological Resources (including state- and federally-listed species)

· Cultural Resources

· Energy

· Infrastructure

· Hazardous & Toxic Materials / Waste

· Noise

· Land Use

· Socioeconomics

· Environmental Justice[footnoteRef:2] [2: This EA shall comply with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.]

· Geology & Soils (including topography)

· Traffic & Transportation

· Visual Resources / Aesthetics

· Water Resources (including wetlands and groundwater)

To accomplish items (a) – (i) above, the contractor shall to do the following:

(1) Materials. Obtain materials including existing aerial photos, maps, and relevant documents (e.g., reports, correspondence). The Government will provide a site map, building layout drawings, and topographic maps to facilitate the environmental analysis. The Contractor must be able to develop any other maps / visuals required.

(2) Site Visits. Conduct visits to local area with a multi-disciplinary team to become knowledgeable about the project and to obtain information, gather data, conduct interviews, and analyze impacts. Field surveys are not, however, part of this Performance Work Statement (PWS) except as authorized under Task 2.8, Unscheduled Services. The Contractor will identify and communicate to the Contracting Officer Representative (COR) any data deficiencies that could require field surveys (i.e., for cultural resources, wetlands, etc.).

(3) Coordination with External Entities. Identify points of contact (POCs) at key agencies and stakeholder groups and establish early communications with all interested parties on behalf of the Government. At a minimum, early communication should include the Environmental Protection Agency, the US Army Corps of Engineers, the US Fish and Wildlife Service (USFWS), the Massachusetts Division of Fisheries and Wildlife, the State Historic Preservation Office, Tribal Governments, the Town of Lancaster,[footnoteRef:3] and the Nashua River Watershed Association. Early communication may be formal or informal and may include in-person meetings. [3: At a minimum, the Contractor will prepare a Request for Determination of Applicability (RDA) for submission to the Lancaster Conservation Commission. ]

(4) Coordination with Army Entities. Coordinate with the appropriate Army cultural resource professionals to address any comments or lack of concurrence from the State Historic Preservation Officer or Tribal Historic Preservation Officer. Likewise, coordinate with the appropriate Army natural resource professionals to address any comments or lack of concurrence from the USFWS and/or the Massachusetts Division of Fisheries and Wildlife. The coordination efforts will be incorporated into the EA.

2.4 Finding of No Significant Impact (CLIN 0004). If the finding of the EA is that there are no significant impacts, the Contractor shall prepare a draft Finding of No Significant Impact (FONSI) and submit it to the COR for review. If the finding is that there are significant impacts, the Contractor shall prepare a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS). Preparation of an EIS is not included under this PWS.

2.5 Consultation and Comment (CLIN 0005). The Contractor shall draft official consultation letters to be signed by the Fort Devens Commander or his/her designee. Upon direction from the COR, the Contractor shall distribute the consultation letters to all relevant stakeholders including the appropriate federal, state, tribal, and local agencies / organizations. The Contractor shall also prepare a Notice of Availability and, upon direction from the COR, publish it in at least two local newspapers. The Contractor shall ensure that copies of the EA and draft findings document (FONSI or NOI) are available at the locations indicated in the consultation letters and the Notice of Availability for the duration of the review period.

2.6 Final Documents (CLIN 0006). The Contractor shall incorporate a summary of the consultation and public comment process into a findings document (FONSI or NOI) for the Garrison Commander’s signature. Consultation letters and any responses received shall be attached to the final EA in addition to a copy of the Notice of Availability (as it appeared in local newspapers) and affidavits of distribution. At the conclusion of the NEPA process, the Contractor shall provide the Government with a legally sufficient administrative record in hardcopy and/or electronic form, as appropriate.

2.7 Manpower Reporting (CLIN 0007). The Contractor shall report all manpower information (including subcontractor manpower information) required for performance of this contract. The COR will not approve an invoice for task 2.6 (CLIN 0006) until this requirement is met. Further information about this requirement is provided in Part 4 of this PWS.

2.8 Unscheduled Services (CLIN 0008). A contingency amount of funds has been included in the contract for unscheduled services. The contractor shall not exceed the amount. The Contracting Officer may change the amount based upon circumstances. Unscheduled services include (but are not limited to):

· Natural / cultural resource surveys / assessments, e.g., wetlands delineations, vernal pool assessment, species surveys, etc.

· Addendums to existing documentation

· Modification to plans as requested in support of the project

· Responses to public inquiry / comment and requests from cross-cutting agencies / interested parties

· Project specific support as per deemed necessary and reasonable under the agreed contract

The contractor shall furnish a written cost estimate to the COR for any unscheduled services to include material and labor costs for approval. Any work required under this section of the contract that does not exceed the micro-purchase thresholds, which are $2,500.00 for services and $3,500.00 for commodities, can be approved by the COR. If the estimated cost exceeds the micro-purchase threshold, the requirement shall be referred to the Contracting Officer for approval.

3.0 WORK CONDITIONS, STANDARDS, REQUIREMENTS, AND QUALIFICATIONS

3.1 Travel. It is expected that extensive travel will be required for this scope of work within the Fort Devens area requiring the use of a personal automobile. The contractor shall account for travel costs as part of monthly costs.

3.2 Miscellaneous Expenses. No miscellaneous expenses subject to reimbursement by the Government are to be incurred without prior approval from the COR.

3.3 Anti-Terrorism and Operations Security. Contractor and all associated sub-contractor employees requiring access to the installation shall (1) provide all information required for background checks to meet installation access requirements to be accomplished by the Director of Emergency Services or Security Office, and (2) comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.0 CONTRACTOR MANPOWER DATA REPORTING

The Office of Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report contractor manpower information (including subcontractor manpower information) required for performance of this contract. The contractor shall submit all the information required in the format specified at the following web address: https://ecmra.mil.

The required information includes:

(1) Contract Number

(2) Delivery Order Number (if applicable)

(3) Task Order Number (if applicable)

(4) Requiring Activity Unit Identification Code (UIC)

(5) Command

(6) Contractor Contact Information

(7) Federal Service Code

(8) Direct Labor Hours

(9) Direct Labor Dollars

(10) Location information (where contractor and subcontractors (if applicable) performed the services Contractors shall fill in the above fields on the website.

The required data is reported for each federal fiscal year (1 October to 30 September) and must be reported by 15 October of each calendar year. If the period of performance of the contract crosses fiscal years, one entry shall be made for each fiscal year.

INSTRUCTION TO OFFERORS

1. It is the offeror’s responsibility that all offers submitted, regardless of method of submission, are received in this office prior to the time and date for receipt of the offer. All quotes/offers are due no later than the date specified in block 13a of the solicitation.

1. All questions shall be in writing. Questions may be e-mailed to Rashida Funches at rashida.d.funches.civ@mail.mil and Julie Cameron at julie.a.cameron.civ@mail.mil.

1. All offers shall be in writing. Proposals maybe e-mailed to Rashida Funches at rashida.d.funches.civ@mail.mil.

1. Mailed offers should be sent to the following address:

Department of the Army

ACC-NJ-WS

Attn: Rashida Funches Building 5418 South Scott Plaza Fort Dix, New Jersey 08640

1. Anywhere in this solicitation where the term “offer” is used, it is hereby changed to read “quote”.

1. Anywhere in this solicitation where the term “offeror” is used, it is hereby changed to read “quoter”.

1. 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.

1. Quotes must include the following information:

1. Price: pricing for each Line Item. Pricing must be submitted in the proper format. The proper format consists of QUANTITY * UNIT AMOUNT = NET AMT. In the event there is a difference between a unit price and the extended total, the unit price will be held to the intended price. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price.

1. Complete blocks 12, 17 & 30 of the SF 1449. In doing so, the offeror accedes to the contract term and conditions as written in the Request for Quotes (RFQ).

1. Contractors shall quote on all CLINS. CLIN pricing should be all inclusive of labor, labor burden, other direct cost (material, equipment, fees, licenses, etc.), G&A and profit.

1. BASIS FOR AWARD: Award shall be made to a single contractor. Quotes must include prices for each item listed in order that quotes may be properly evaluated. Failure to do so shall be cause for rejection of the entire quote. Award will be based upon a Lowest Price meeting technical specifications.

1. All representations and certifications to include provision of Dun & Bradstreet number are to be returned with the quote. Dun and Bradstreet information can be found by calling (800)-333-0505. A contractor that is receiving an award resulting from this request for quotation must be registered in the System for Award Management (SAM) prior to request for payment. To register, offerors may log onto: https://www.sam.gov/portal/public/SAM/.

1. Dun and Bradstreet #__________________________

1. CAGE(commercial and government entity)code___________________

1. Federal Tax ID __________________

1. Due to restricted access to Fort Dix, contractors that will be hand carrying their quote are required to submit to the contracting officer a list of personnel planning to deliver the package not later than 24 hours prior to the due date. Contractors must also furnish the approximate time of arrival and the gate they will utilize. Contractors are cautioned that there may be delays at the gates and should allow adequate time for entering the installation to ensure packages are received prior to the time and date for receipt of quote. All individuals must have a picture id and no substitutions are authorized. Vehicles are also subject to search.

1. Offeror's are highly encouraged to inspect site conditions. The successful contractor shall be responsible for assessing, evaluating, verifying, and confirming site conditions before submitting its proposal.

Section SF 1449 - CONTINUATION SHEET

Plans and Schedule

FFP

he Contractor shall conduct an Environmental Assessment (EA) of the Hotel Range Renovation Project (hereinafter referred to as the ƒ??Proposed Actionƒ??) that is fully compliant with the National Environmental Policy Act (NEPA) of 1969 (42 USC 4321, et. seq.) and the implementing regulations 40 CFR Parts 1500 and 32 CFR Part 651. This includes conducting the required consultations and public comment period(s). See paragraph 2.1 of the Performance Work Statement entitled Environmental Assessment of Hotel Range Renovation, Specification No. P WE-505A2-9J dated 29 March 2019.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011345055

PSC CD: R425

NET AMT

Project Management

The Contractor shall complete project management activities required to support the project. This will include, but is not limited to, monthly progress reports, invoicing, conducting teleconferences (at least monthly), updating schedules, and preparing meeting minutes.

FOB: Destination

NET AMT

Environmental Assessment

The Contractor shall prepare an EA that, in general, includes (1) the purpose and need for the proposed action, (2) a description of the proposed action, (3) the alternatives considered (including the "no action" alternative), (4) the affected environment (baseline conditions), (5) the potential environmental consequences of the proposed action and the alternatives, (6) a listing of agencies and persons consulted, and (7) a finding on whether or not the environmental impacts are significant. Specifically, the draft EA shall include:

a. Descriptions of the existing physical, biological, man-made, socioeconomic, and cultural environment;

b. Descriptions of the potential impacts on the physical, biological, man-made, socioeconomic, and cultural environment;c. Categorization of the potential impacts by geographical area (i.e., on site, immediate vicinity, etc.);

d. Definitions and discussions of primary, secondary, cumulative, and long-term impacts of the proposed activity;

e. A comparative discussion of the potential impacts of the proposed action and the reasonable alternatives, including the “no action” alternative, on the affected environment;

f. Descriptions of measures to be implemented by the Government to avoid, minimize, compensate, and/or mitigate for any potential adverse environmental impacts resulting from the preferred alternative;

g. Descriptions of any unavoidable adverse impacts should the preferred alternative be implemented;

h. A general analysis of any applicable requirements outlined in the Energy Independence and Security Act of 2007 and Executive Order 13693, Planning for Federal Sustainability in the Next Decade.

i. Supporting documentation for all of the above including a regional map displaying the location of the installation and the project site and any other necessary visual resources.

FOB: Destination

NET AMT

Finding of No Sig Impact FONSI

See paragraph 2.4 of the Performance Work Statement entitled Environmental Assessment of Hotel Range Renovation, Specification No. P WE-505A2-9J dated 29 March 2019.

FOB: Destination

NET AMT

Consultation and Comment

The Contractor shall draft official consultation letters to be signed by the Fort Devens Commander or his/her designee. Upon direction from the COR, the Contractor shall distribute the consultation letters to all relevant stakeholders including the appropriate federal, state, tribal, and local agencies / organizations. The Contractor shall also prepare a Notice of Availability and, upon direction from the COR, publish it in at least two local newspapers. The Contractor shall ensure that copies of the EA and draft findings document (FONSI or NOI) are available at the locations indicated in the consultation letters and the Notice of Availability for the duration of the review period.

FOB: Destination

NET AMT

Final Documents

The Contractor shall incorporate a summary of the consultation and public comment process into a findings document (FONSI or NOI) for the Garrison Commander’s signature. Consultation letters and any responses received shall be attached to the final EA in addition to a copy of the Notice of Availability (as it appeared in local newspapers) and affidavits of distribution. At the conclusion of the NEPA process, the Contractor shall provide the Government with a legally sufficient administrative record in hardcopy and/or electronic form, as appropriate.

FOB: Destination

NET AMT

Manpower Reporting

The Contractor shall report all manpower information (including subcontractor manpower information) required for performance of this contract. The COR will not approve an invoice for task 2.6 (CLIN 0006) until this requirement is met. Further information about this requirement is provided in Part 4 of this PWS.

FOB: Destination

NET AMT

Unscheduled Services

See paragraph 2.8 of the Performance Work Statement entitled Environmental Assessment of Hotel Range Renovation, Specification No. P WE-505A2-9J dated 29 March 2019.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

USAG FORT DEVENS

30 QUEBEC STREET, BOX 10

DEVENS MA 01434-4479

W13GPY

W13GPY

W13GPY

W13GPY

W13GPY

W13GPY

W13GPY

W13GPY

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

(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:

(List as necessary)

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

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

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

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

(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.

(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:

(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:

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

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

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

Other End Products:

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

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

(1) [ ___ ] Are, [ ___ ] are not presently…