W56ZTN-20-R-0004 Bottled Water CSS.pdf

PDF 330 KB Posted Jul 21, 2020

Attached to: Bottled Water
Solicitation number: W56ZTN-20-R-0004
Issued by: Department of the Army Materiel Command Army Contracting Command Aberdeen Proving Ground

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COMBINED SYNOPSIS/SOLICITATION

W56ZTN-20-R-0004 Bottled Water

At the Aberdeen Proving Ground (APG), Maryland.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12 Acquisition of Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07. The solicitation number is W56ZTN-20-R-0004.

This requirement is under North American Industry Classification System (NAICS) Code 312112, Bottled Water Manufacturing with a Business Size Standard in value is 1,000 employees. The solicitation is being issued as a 100% small business set-aside. OTHER THAN SMALL BUSINESS NEED NOT APPLY. Interested parties that cannot submit US Army Veterinary Command (VETCOM) certificates NEED NOT APPLY. The Government contemplates award of a Firm-Fixed Price contract under FAR Part 12, The Contractor shall provide all chemicals, tools, materials, equipment, transportation, technical expertise and incidental services necessary to provide bottled water in accordance with the attached specifications. COVID-19 APG rules found at apgnews.com & standards as stated by the Maryland State Government shall be observed at all times.

A cover letter shall accompany the offeror(s) proposal and should consist of the following data:

Solicitation Number: W56ZTN-20-R-0004 Company Name:

Company Address:

Small Business Type:

Contact Name:

Contact E-Mail:

Cage Code:

Base Year Overall Total: $___________________.

Option Year One (1) Overall Total: $___________________.

Option Year Two (2) Overall Total: $___________________.

Option Year Three (3) Overall Total: $___________________.

Six (6) month extension Overall Total: $___________________.

Overall (Base and all Options) Total: $___________________.

Offerors shall complete and submit, as part of his/her package; The base year and all outward year pricing for option year(s) One (1), Two (2), Three (3), & the six (6) month extension in accordance with FAR Clause 52.217-9. Incomplete and/or unpriced quotes will be considered unacceptable.

Offerors shall submit current VETCOM certificate(s) from the bottler as part of their proposal. A company history reflecting a minimum of three (3) years’ experience as a VETCOM bottled water supplier with the proposal. Supporting documents are to reflect proof of acceptability for the evaluation factors outlined in FAR Clause 52.212-2, Evaluation – Commercial Items.

All proposals are due no later than 1000 HRS on Monday, 7 August 2020 to both Mr. Russell Estep and Ms. Barbara Cousins at the following e-mail address: russell.w.estep.civ@mail.mil and barbara.d.cousins.civ@mail.mil Proposals shall be submitted in Via E-Mail. No fax or hard copies of proposals will be accepted.

For questions concerning this solicitation, offerors shall contact Mr. Russell Estep or Ms. Barbara Cousins at russell.w.estep.civ@mail.mil or barbara.d.cousins.civ@mail.mil. Any/all questions shall be submitted no later than 28 July 2020 at 1000 EST. All questions will be answer via an amendment to the solicitation in a timely manner. Questions that can be answered in this Combined Synopsis / Solicitation (CSS) will not be readdressed in the form of an amendment. TELEPHONE

QUESTIONS WILL NOT BE ADDRESSED.

TECHNICAL EXHIBIT (Estimated Water Supply)

Locations Employees Serviced (Est.)

Service (Coolers) Hot &

Cold

Unit Type MonthlyQuantity (Est.)

#1 (APG South) 138 11 C & 1 H/C 5 Gallon Bottle 80 #2 (APG South) 20 2 H/C 5 Gallon Bottle 15 #3 (APG North) 10 2 H/C 5 Gallon Bottle 15

#4 (APG South) 0 Case (1 Gallon-x6-x70)

Cases (.5 24ea x 84)

140 (G) 168 (C)

#5 (APG North) 30 0 5 Gallon Bottle 30 #6 (APG North) 7 2C & 1H/C 5 Gallon Bottle 10 #7 (APG North) 1 I H/C 5 Gallon Bottle 2 #8 (APG North) 10 1 H/C 5 Gallon Bottle 20 #9 (APG South) 82 2 H/C 5 Gallon Bottle 15

#10 (APG South) 25 2 H/C 5 Gallon Bottle 15 #11 (APG South) 25 2 H/C 5 Gallon Bottle 15 #12 (APG South) 15 I H/C 5 Gallon Bottle 7 #13 (APG North) 16 I H/C 5 Gallon Bottle 20 #14 (APG South) 15 1 H/C 5 Gallon Bottle 15 Location #3 is to support temporary water dispensing operations and for emergency use under APG Disaster

Control Plan. The stock is ordered "as needed", not a monthly requirement.

Price Breakdown Per Year

Specifications Base Year

Required Item Base Period Pricing Ordering Period

Price Per Unit Estimated Overall Quantity

PROPOSED

PRICE

A. Water bottled 1 gallon size, 6 gallons to a case, delivered as an on-call basis to building E5185.

Water to be delivered on palettes (35 cases) in bulk.

140 cases always in reserve.

$ __________ per case

280 Cases $_________

B. Water bottled .5 liter, individual bottles, and 24 bottles to a case. Delivered as an on-call basis to building E5185. Water to be delivered on palettes (84 cases) in bulk. 168 cases always in reserve.

$ __________ per case

336 Cases $_________

C. Water, bottled 5 gallon size, delivered on a monthly/bi-monthly basis to buildings specified in Technical Exhibit attached.

$ __________ per 5 Gallon Bottle

259 Monthly (3,108 Annual)

D. Rental of drinking water coolers for 5 gallon bottles. Bottled water coolers shall be 110 volts, Hot and Cold, and shall include cup dispensers.

$ __________ per month

31 Coolers $_________

E. Cold cups to fit dispensers on water coolers. $ __________ per case $ __________ per sleeve

31 Cases $_________

F. Cost deposit on each initial bottle delivered or for each bottle lost.

$ __________ per bottle

259 Original Bottles $_________

Total Cost Per Base Year $ _________

Specifications OY I

Required Item Base Period Pricing Ordering Period

Price Per Unit Estimated Overall Quantity

PROPOSED

PRICE

A. Water bottled 1 gallon size, 6 gallons to a case, delivered as an on-call basis to building E5185.

Water to be delivered on palettes (35 cases) in bulk.

140 cases always in reserve.

$ __________ per case

280 Cases $_________

$ __________ per case

336 Cases $_________

C. Water, bottled 5 gallon size, delivered on a monthly/bi-monthly basis to buildings specified in Technical Exhibit attached.

$ __________ per 5 Gallon Bottle

259 Monthly (3,108 Annual)

D. Rental of drinking water coolers for 5 gallon bottles. Bottled water coolers shall be 110 volts, Hot and Cold, and shall include cup dispensers.

$ __________ per month

31 Coolers $_________

E. Cold cups to fit dispensers on water coolers. $ __________ per case $ __________ per sleeve

31 Cases $_________

F. Cost deposit on each initial bottle delivered or for each bottle lost.

$ __________ per bottle

Total Cost Per OY I $ _________

Specifications OY II

Period

Price Per Unit Estimated Overall Quantity

PROPOSED

PRICE

A. Water bottled 1 gallon size, 6 gallons to a case, delivered as an on-call basis to building E5185.

Water to be delivered on palettes (35 cases) in bulk.

140 cases always in reserve.

$ __________ per case

280 Cases $_________

$ __________ per case

336 Cases $_________

C. Water, bottled 5 gallon size, delivered on a monthly/bi-monthly basis to buildings specified in Technical Exhibit attached.

$ __________ per 5 Gallon Bottle

259 Monthly (3,108 Annual)

D. Rental of drinking water coolers for 5 gallon bottles. Bottled water coolers shall be 110 volts, Hot and Cold, and shall include cup dispensers.

$ __________ per month

31 Coolers $_________

E. Cold cups to fit dispensers on water coolers. $ __________ per case $ __________ per sleeve

31 Cases $_________

F. Cost deposit on each initial bottle delivered or for each bottle lost.

$ __________ per bottle

Total Cost Per OY II $ _________

Specifications OY III

Period

Price Per Unit Estimated Overall Quantity

PROPOSED

PRICE

A. Water bottled 1 gallon size, 6 gallons to a case, delivered as an on-call basis to building E5185.

Water to be delivered on palettes (35 cases) in bulk.

140 cases always in reserve.

$ __________ per case

280 Cases $_________

$ __________ per case

336 Cases $_________

C. Water, bottled 5 gallon size, delivered on a monthly/bi-monthly basis to buildings specified in Technical Exhibit attached.

$ __________ per 5 Gallon Bottle

259 Monthly (3,108 Annual)

D. Rental of drinking water coolers for 5 gallon bottles. Bottled water coolers shall be 110 volts, Hot and Cold, and shall include cup dispensers.

$ __________ per month

31 Coolers $_________

E. Cold cups to fit dispensers on water coolers. $ __________ per case $ __________ per sleeve

31 Cases $_________

F. Cost deposit on each initial bottle delivered or for each bottle lost.

$ __________ per bottle

Total Cost Per OY III $ _________

Specifications Extension

Period

Price Per Unit Estimated Overall Quantity

PROPOSED

PRICE

A. Water bottled 1 gallon size, 6 gallons to a case, delivered as an on-call basis to building E5185.

Water to be delivered on palettes (35 cases) in bulk.

140 cases always in reserve.

$ __________ per case

280 Cases $_________

$ __________ per case

336 Cases $_________

C. Water, bottled 5 gallon size, delivered on a monthly/bi-monthly basis to buildings specified in Technical Exhibit attached.

$ __________ per 5 Gallon Bottle

259 Monthly (3,108 Annual)

D. Rental of drinking water coolers for 5 gallon bottles. Bottled water coolers shall be 110 volts, Hot and Cold, and shall include cup dispensers.

$ __________ per month

31 Coolers $_________

E. Cold cups to fit dispensers on water coolers. $ __________ per case $ __________ per sleeve

31 Cases $_________

F. Cost deposit on each initial bottle delivered or for each bottle lost.

$ __________ per bottle

Total Cost Per Extension $ _________

AT/OPSEC REQUIREMENT

TO BE FILLED OUT AT THE TIME OF AWARD

SUBJECT: Requirement of Antiterrorism and Operations Security Review Cover Sheet (AT/OPSEC), Purchase Order # , Bottled Water Requirement for Aberdeen Proving Ground, Maryland.

1. The following paragraph has been stated on Purchase Order # .

Army Policy requirement: a signed AT/OPSEC cover sheet is required to be included in all requirements packages except for supply contracts under the simplified acquisition level threshold, field ordering officer actions, and Government purchase card purchases. Command policy may require this form for supply contracts under the simplified acquisition level threshold. The form “Contract Requirements Package Antiterrorism and Operations Security Review Cover Sheet” must be attached in each task order level.

a. Anti-Terrorism (AT) Level 1 Training: This provision/contract test is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of Inspector Receiver (IR) poration of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the IR within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level 1 awareness training is available at the following website: https:/atlevel1.dtic.mil/at.

b. Access and General Protection/Security Policy and Procedures. The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or Security Office. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Personnel who need access to Aberdeen Proving Ground must possess one of the following forms of Identification: DoD Common Access Card, DoD Teslin Identification Card (Retiree or Family Member),a DA Form 1602 (Civilian Identification Card) with access to APG or an identification card from another Federal Agency.

Contractors who are enrolled in the Rapid Gate Program must be approved for access to APG for the Rapid Gate ID Card to be valid for APG. Companies wishing to enroll in the Rapid Gate Program must contact EID Passport for information on who to enroll. All other personnel without one of the above forms of identification must process through the Visitor Center. All personnel must have a valid state driver's license, state issued identification card or Department of State work authorization card. All drivers must have valid vehicle registration or rental vehicle agreement for the vehicle they are driving. All visitors will be vetted in ac IR dance with Army Access Control policy.

c. iWATCH training. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program by completing the on line training class at http://www.apg.army.mil/elearning.cfm, under Security and Intelligence, reporting suspicious activity. This locally developed training will be used to inform employees of the types of behavior to watch for. All employees are to report suspicious activity to the IR. This training shall be completed within 7 calendar days of contract award and 7 calendar days of new employees' commencing performance, with the results reported to the IR no later than 14 calendar days after contract award.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months Bottled Water Base Year

FFP

Bottled Water Base Year for post-wide buildings. See attached specifications for detailed quantities/information.

The Period of Performance POP shall be determine by the award date.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 8960

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 12 Months OPTION Bottled Water OY 1

FFP

Bottled Water OY 1 for post-wide buildings. See attached specifications for detailed quantities/information.

UNIT UNIT PRICE MAX AMOUNT

0003 12 Months OPTION Bottled Water OY 2

FFP

Bottled Water OY 2 for post-wide buildings. See attached specifications for detailed quantities/information.

UNIT UNIT PRICE MAX AMOUNT

0004 12 Months OPTION Bottled Water OY 3

FFP

Bottled Water OY 3 for post-wide buildings. See attached specifications for detailed quantities/information.

UNIT UNIT PRICE MAX AMOUNT

0005 6 Months OPTION Bottled Water Extension

FFP

Bottled Water SIx Month Extension for post-wide buildings. See attached specifications for detailed quantities/information.

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

N/A

CAGE

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.225-18 Place of Manufacture AUG 2018 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10% Percent increase 10% Percent decrease This increase or decrease shall apply to All items listed in the specifications.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

The contract will be awarded to the vendor that meets the following factors.

1 – Vendors shall provide certification of the US Army Veterinary Command (VETCOM) approved source from which water shall be supplied as part of the proposal.

2 – Vendors shall submit three (3) years of history delivering bottled water.

3 – Lowest Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

(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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

(1) Small business concern. The offeror represents as part of its offer that it (XX ) is, ( concern.

) is not a small business

(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 ( not a veteran-owned small business concern.

) is, ( ) is

(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 ( disadvantaged business concern as defined in 13 CFR 124.1002.

) is, ( ) is not a small

(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 ( owned small business concern. ) is, ( ) is not a women- 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.

(6) 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.

(7) 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.

(8) 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:

(9) 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:

participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

.] Each HUBZone small business concern

(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:

(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

Listed Countries of Origin Listed End Product

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.

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

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

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes…

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