W52P1J-18-T-3069.pdf

SEE ADDENDUM

(No Collect Calls)

W52P1J18T3069 07-Jun-2018

b. TELEPHONE NUMBER

309-782-4972

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 25 Jun 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NATHANIAL S. TUTOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE W44W9M 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCALESTER ARMY AMMUNITION PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

321912

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF62

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W52P1J18T3069

Section SF 1449 - CONTINUATION SHEET

EXECUTIVE SUMMARY

ELECTRONIC BID SUBMISSION

Proposals/ bids/ quotes may be submitted electronically by email if the solicitation is filled out completely, and signed by an authorized representative, scanned, included as an attachment, and received by the Government procurement office provided in the solicitation. All emailed proposals/ bids/ quotes and attachments shall be in Adobe Acrobat (.pdf) format and the solicitation shall be submitted and received in its entirety along with any amendments including contractor’s attachments, drawings, or supporting documents by the specified date and time in order to be considered for award. This instruction takes precedence over any other direction for FBO Quote Submission. NOTE: Proposals/ bids/ quotes will NOT be accepted for this solicitation through the FBO web site.

PAYMENT TERMS AND CONDITIONS

Payment shall be made in full upon delivery, installation (if required), and Acceptance of the Government via NET 30 Days.

GOVERNMENT REPRESENTATIVE (POINT OF CONTACT):

Nathan S. Tutor Contract Specialist, Depot Support Branch Installation Contracting Division U.S. Army Contracting Command 1 Rock Island Arsenal, Bldg 60/3/NW Rock Island, IL 61299-8000

(309)782-4972 | DSN 793-4972

nathanial.s.tutor.civ@mail.mil

CONTRACTOR REPRESENTATIVE (POINT OF CONTACT):

POC NAME: _______________________________________

POC TITLE: ________________________________________

POC EMAIL ADDRESS: ______________________________

DUNS NUMBER: ___________________________________ (http://fedgov.dnb.com/webform)

CAGE CODE: ______________________________________

(http://www.dlis.dla.mil/cage_welcome.asp)

TAXPAYER ID NUMBER: _______________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

LUMBER

FFP

Multiple Hardwood and Dimensional Lumber, Blanket Purchase Agreements (BPA). Army Contracting Command - Rock Island (ACC-RI) hereby issues solicitation W52P1J-18-T-3069 for multiple BPAs for various types of Hardwood and Dimensional Lumber in accordance with but not limited to Attachment 0001 "Salient Characteristics, Dated: 10 May 2018, in support of McAlester Army Ammunition Plant (MCAAP).

FOB: Destination MFR PART NR: Lumber VENDOR PART NR: Lumber

PSC CD: 5510

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 TBD ON EACH

INDIVIDULA CALL

ORDER

TBD ON EACH

INDIVIDULA

CALL ORDER

TBD ON EACH INDIVIDULA CALL

ORDER

FOB: Destination

W44W9M

SOLICITATION NARRATIVE

SOLICITATION NARRATIVE

ADDENDUM TO 52.212-1, INSTRUCTIONS TO VENDORS - COMMERCIAL ITEMS (OCT 2015)

1. Army Contracting Command - Rock Island (ACC-RI) hereby issues solicitation W52P1J-18-T-3028 for Multiple

Blanket Purchase Agreements (BPAs) for McAlester Army Ammunition Plant (MCAAP) to support hardwood and dimensional softwood lumber requirements at multiple locations throughout the Continental United States that require various dimensional and hardwood lumber types by MCAAP.

This solicitation issued pursuant to Federal Acquisition Regulations (FAR) Part 13.303 for Multiple BPAs using firm fixed price orders, as deemed necessary for the particular requirement solicited. ACC-RI is seeking businesses willing to enter into a BPA, as defined by FAR 13.303 for a period of five (5) years from the date of award. All orders under this BPA shall continue until the performance is complete and the order paid, even after the BPA expiration date.

2. All BPAs awarded will be for five (5) years. Exact dates specified in the basic agreements.

3. The Government reserves the right to make multiple awards.

4. Vendors that provide sufficient documentation as to their capabilities to supply Hardwood Lumber or Dimensional Softwood Lumber in accordance with Attachment 0001 “Salient Characteristics” will be considered in establishing the BPA. Listed below is the general dimensional lumber and hardwood lumber to be ordered against BPAs but is not limited to:

Hardwood Lumber

Lumber, Untreated 1x4. Cut to 3 ½ inches wide plus or minus 1/16 inch. 35 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch.

Lumber, Untreated 1x4. Cut to 3 ½ inches wide plus 0 inches or minus 1/4 inch. 45 1/2 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch.

Lumber, Untreated 1x6. Cut to 5 ½ inches wide plus 0 inches or minus 1/4 inch. 45 1/2 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch.

Lumber, Untreated 1x8. Cut to 7 1/4 inches wide plus or minus 1/16 inch. 35 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch

Lumber, Untreated 1x8. Cut to 7 1/4 inches wide plus 0 inches or minus 1/4 inch. 45 1/2 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch.

Lumber, Untreated 1x4. Cut to 3 ½ inches wide plus or minus 1/16 inch. 40 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch.

Lumber, Untreated 1x4. Cut to 3 ½ inches wide plus 0 inches or minus 1/4 inch. 48 inches long plus 1/8 inch or minus ¼ inch.

Lumber, Untreated 1x6. Cut to 5 ½ inches wide plus 0 inches or minus 1/4 inch. 48 inches long plus 1/8 inch or minus ¼ inch.

Lumber, Untreated 1x8. Cut to 7 1/4 inches wide plus or minus 1/16 inch. 40 inches long plus 1/8 inch or minus ¼ inch. Thickness ¾ inch plus or minus 1/16 inch

Lumber, Untreated 4x3. Cut to 3 5/8 inches wide plus or minus 1/16 inch. 48 inches long plus 1/8 inch or minus ¼ inch. Thickness 2 3/4 inch plus or minus 1/16 inch.

Dimensional Softwood Lumber 2" X 4" X 10' Construction Grade HT Lumber 2" X 8" X 8' Construction Grade HT Lumber 4 x 4 x 8' Construction Grade HT Lumber 2 x 6 x 8' Construction Grade HT Lumber 2" X 6" X 10' Construction Grade HT Lumber 1/2" AC Plywood, 4' X 8' Sheets 1/2" AC Plywood, 4' X 8' Sheets 3/4" AC Plywood, 4' x 8' 1 x 6 x 8', Construction Grade HT Lumber 1 x 4 x 8', Construction Grade HT Lumber 2 x 8 x 8', Construction Grade HT Lumber 2 x 4 x 16', Construction Grade HT Lumber

2 x 6 x 16', Construction Grade HT Lumber

5. A BPA does not obligate any funds. The Government is obligated only to the extent of call orders issued under the BPA.

6. There is no minimum purchase under this agreement.

7. ACC-RI is the ONLY agency authorized to place orders under this BPA.

8. The BPA holder shall agree that the clauses and provisions included in the resulting BPA agreements are incorporated and made a part of each Government call order under the BPA. If any clauses are revised during the life of this BPA, the most recently dated version of the clause shall apply.

INITIAL AND FOLLOW ON COMPETITION AND EVALUATION:

1. Vendors that have a proven record of providing the types of Hardwood Lumber or Dimensional Softwood Lumber for some or all of the types to include, but not limited to those indicated above will be considered in establishing this BPA. All vendors determined to be responsible pursuant to FAR 9.104-1 and technically acceptable within the criteria within Attachment 0001 “Salient Characteristics”, are eligible for award of a BPA.

2. Each BPA holder will be provided a fair opportunity to be considered for each requirement. Award of individual BPA call orders shall be based on lowest price and delivery. The raw material to be furnished under these BPAs are considered commercial supplies and adequate competition is anticipated, therefore certified cost and pricing data will not be required. However, the Government reserves the right to request other than certified cost or pricing data to assist with the determination of fair and reasonable pricing of each individual call order. The contracting officer may also consider the following:

a. Each vendor’s record of past performance of earlier orders under the BPAs, including quality and the ability to meet performance schedules set forth in the applicable BPA order. The Government will continue to monitor all vendors' performance after establishment of these BPAs. Vendors will have the ability to comment on any adverse past performance to which the vendor has not yet had the opportunity to respond.

b. Each vendor’s current and outstanding individual BPA order capacity.

c. Any other factors shall be indicated in the specific Request for Quote (RFQ) for a BPA order.

d. In accordance with 13.303-5(d)(1), if it is determined that there is an insufficient number of BPAs available to ensure maximum competition practicable, the Contracting Officer shall be allowed to solicit quotations from other sources, and make the purchase as appropriate.

GENERAL INFORMATION:

1. Administration of the basic BPA and individual BPA call orders will be done by ACC-RI. Although the FAR 13.303-5(b)(1) states that no individual order executed under a BPA shall exceed $7.0 million.

2. BPA call orders with a value under $5,000.00 may be paid by Government Credit Card. Vendors must have the ability to accept Government Credit Cards for payment. Please identify on the vendor questionnaire below if this is acceptable. The requirement under FAR 13.303-3(a)(5) for delivery tickets will be accomplished by the use of the Wide Area Workflow (WAWF) for shipping / invoicing, and as set forth at DFARS clause 252.232-7006. The vendor shall ensure that copies of all WAWF notifications are sent to the contract specialist listed on the BPA Call Order.

3. A request for quote (RFQ) shall be issued by e-mail for each call order, to allow all awardees a fair opportunity for each call order.

4. Vendors shall be allowed at a minimum of three (3) business days to respond to a RFQ, unless the requirement is urgent, in which case the Government reserves the right to request proposals in a short time period, which will be identified in the request. Quotes requested on an FOB destination basis, although the Government reserves the right to request FOB origin. The Government intends to issue call orders without discussions; however, the Government reserves the right conduct discussions if the Contracting Officer determines them to be necessary. If no vendors reply to the request for call order proposal by the deadline within the proposal, the Government may acquire the all material from another source.

5. The Government intends to competitively issue each call order to the quote that represents the lowest price which meets the Government's need including delivery. If additional factors apply they will be identified in the each call order RFQ. The Government reserves the right to makes single or split call order awards based on the schedule and quantities required. The Government will identify in each RFQ if it may result in a split award. The criteria for placement of call orders may be as follows, but no limited to:

a. Proposed total prices.

b. Past performance on previous call orders against the BPA.

c. The ability to meet the delivery requirements.

6. Each call order RFQ shall contain the required delivery date to FOB Destination. On time delivery is very critical;

therefore, the vendor must adhere to the delivery requirements indicated in each call order. Failure to comply with the contractual delivery schedule after award may result in termination of the order or require consideration if the Government elects to extend the delivery. The Government is not required to extend a delivery schedule if vendor encounter delays. The non-availability of raw materials, subvendor issues, scheduling conflicts, etc. are not acceptable excuses for failing to meet the delivery schedules. Early delivery may be authorized, but must be approved and coordinated in advance of due date with the Contract Specialist and/or Contracting Officer designated in the call order. If there is going to be a delay in delivery, the vendor is required to notify the Contract Specialist and Contracting Officer designated in the call order within 24 hours of knowledge of that delay.

7. Variation in Quantity, FAR clause 52.211-16 will be included in RFQ it is applicable.

SPECIAL INSTRUCTIONS FOR VENDORS:

1. The closing date of this solicitation will be for responses to establish the initial pool of BPA holders.

2. In accordance with FAR13.303-6, the Contracting Officer will conduct further market research on an annual basis to update any current BPAs at that time, if necessary, and to maintain an awareness of possible market conditions that could allow new arrangements with additional vendors at that point.

3. The Government also reserves the right to establish additional BPAs other than annually, to facilitate purchases, if deemed necessary, and if the sources have provided the information stated in paragraph 1, Initial and Follow on Competition and Evaluation Section.

4. Vendors must submit their documentation in a single submission prior to the closing date and time listing on page one of this solicitation.

5. Vendors must complete the questionnaire below:

OFFEROR QUESTIONNAIRE

Company name: _________________________________

CAGE code: _____________________________________

Primary Point of Contact Name: __________________________ Phone________________________

Alternate point of Contact Name: __________________________ Phone_________________________

Will you accept credit card payment? ______________

SECTION L - INSTRUCTIONS TO VENDORS

1. GENERAL INSTRUCTIONS: These instructions are a guide for preparing your submission. These instructions generally describe the type and extent of information vendors should provide and emphasize the specific areas that must be addressed in its submittal. Vendors are to review the solicitation and its attachments, which will serve as the guideline and item list for any future requirement. Vendors shall include in its submission, sufficient information to enable the Government to determine vendor’s potential eligibility for award of a Blanket Purchase Agreement (BPA) for all future requirements. It is the Government's intent to award multiple BPAs as a result of this solicitation.

2. It is the Government's intent to award multiple BPAs under this solicitation to responsible vendors determined technically acceptable in accordance with the criteria within this solicitation. Vendor submissions shall include the information relating to Attachment 0001, as well as addressing all of the following aspects to determine technical acceptability:

A. Technical Capabilities

1. The vendor must provide evidence that their firm is engaged in supplying some or all of the type of materials as described in solicitation for a period of at least three (3) years preceding this solicitation.

2. The vendor shall provide a capabilities statement describing the types of limber the vendor can supply for subject solicitation.

B. Experience:

1. The vendor shall demonstrate that they have a minimum of three years of experience performing under prior contracts (Government or Non-Government), or the ability to supply some, or all of the Hardwood or Softwood Lumber as set forth in this solicitation. Each vendor shall provide contact information (including at minimum the company name, contact name, main telephone number and alternate telephone number, email address of Point of Contact, and a description of the materials supplied).

2. Vendors shall submit submissions electronically to Contract Specialist, Nathan Tutor at nathanial.s.tutor.civ@mail.mil and shall be received by closing listed on solicitation in order to be considered as a potential BPA holder in the initial pool, and eligible to participate in immediate requirements under the BPA.

SECTION M - EVALUATION FACTORS

1. Each vendor’s initial submission shall include all information requested by the Government at the time the submission are due. The Government is not obligated to request further information from any vendors to determine technical acceptability or responsibility, but does reserve the right to obtain additional information if determined necessary by the Contracting Officer.

2. All submittals will be subject to evaluation by Government personnel, with strict adherence to the evaluation criteria.

3. The Government will determine responsibility by analyzing if the potential BPA holder complies with the requirements at FAR Part 9.1.

4. The following factors shall determine vendor submission technical acceptability:

a) Technical Capabilities

b) Experience

These factors are outlined below with the Government's criteria to determine vendors technically acceptable.

Vendors must be found acceptable under both factors (Technical Capabilities and Experience) to be determined technically acceptable.

A. TECHNICAL CAPABILITIES:

The vendor’s submission will be evaluated to determine if the vendor has clearly indicated the following:

1. The vendor’s capabilities statement how the firm has, over the last three (3) years, been primarily engaged in supplying some or all of the Hardwood or Softwood Lumber in accordance with Attachment 0001 and as described above.

B. EXPERIENCE:

1. The vendor’s experience demonstrates that the company has successfully completed two (2) contracts (Government or Non-Government) supplying some, or all of the Hardwood or Softwood Lumber as set forth by this solicitation three (3) years prior to the solicitation.

ADDITIONAL EVALUATION INFORMATION:

1. The above evaluation criteria will determine the initial pool of BPA holders only.

2. Specific evaluation criteria for specific requirements shall be communicated within each BPA call order.

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. 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 posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database 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), as of the date of this offer 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:

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:

[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

(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 debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

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

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

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

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

(1) Listed end products.

Listed End Product Listed Countriesof Origin

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

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

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.