W911KB-12-T-0018.pdf

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT-SP

PO BOX 6898

JBER AK 99506-0898

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$33.5 M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911KB-12-T-0018 10-Sep-2012

b. TELEPHONE NUMBER

907-753-2547

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 20 Sep 2012

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a. NAME

ERNEST L WOODS III

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WC1JUW22416823

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W911KB-12-T-0018

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

GEOTECHNICAL DRILLING AND BARGE SERVICE

FFP

--- PROJECT NO.: 333071

NON PERSONAL SERVICES: PROVIDE ALL LABOR, TOOLS, SUPPLIES,

EQUIPMENT AND TRANSPORTATION TO PERFORM DRILLING AND

SAMPLING SERVICES AT OLD HARBOR, KODIAK, ALASKA IN

ACCORDANCE WITH THE ATTACHED SCOPE OF WORK AND WAGE

DETERMINATION NO. 2005-2017 (REV 16) (COPY ATTACHED).

FOB: Destination

MILSTRIP: WC1JUW22416823

PURCHASE REQUEST NUMBER: WC1JUW22416823

NET AMT

Bid Schedule

MARINE GEOTECHNICAL DRILLING SERVICES

Old Harbor, Alaska

Item Description Units Qty Unit Price Total Price

1 Mobilization/demobilization of drill rig, drill equipment, floating plant, supplies, and Contractor’s personnel to Old Harbor, AK

Lump Sum

2 Drilling and sampling test borings to 15 feet below mudline or to a depth as directed by USACE-AD not to exceed 15 feet below mudline.

Each 9

3 Adverse Weather Shift Each 3

MARINE GEOTECHNICAL DRILLING SERVICES

OLD HARBOR, KODIAK, ALASKA

1.0 INTRODUCTION

1.1 General

The U.S. Army Corps of Engineers - Alaska District (USACE-AD) is conducting a geotechnical and environmental investigation to provide information for the Old Harbor maintenance dredging project located in Kodiak, Alaska.

The investigation will consist of drilling, coring, sampling, and logging test borings. Ultimately, the geotechnical and chemical data obtained will be used in developing the specifications and design criteria for dredging the harbor basin and the harbor entrance channel. To perform the planned investigation USACE-AD needs to obtain marine drilling and barge services.

1.2 Existing Site Information

Soil conditions are expected to be similar to those encountered during the 1966 geotechnical exploration conducted by USACE-AD for the expansion of the harbor basin. During that exploration, the soils encountered in test borings drilled to a depth of -4.5 feet MLLW (-8.9 feet MSL) and -6.3 feet MLLW (-10.7 feet MSL) were alternating layers of sandy gravel and gravelly sand with instances of sand or silty sand and organics. These soils were often described as hard, packed, tight, very tight, compacted soils. The gravel fraction were generally platy, dark grey to black shale with thickness ranging from 1/8 to 1/2 inches and longest dimension as great as three inches. These platy particles present a special set of challenges to this geotechnical exploration program. Platy particles are more resistant to wash boring drilling as they can cause loss of circulation of the wash fluids. Boulders with diameter as great as three yards were observed in the vicinity of the project during the 1966 geotechnical exploration. It should therefore be anticipated that similar sized boulders will be encountered during this exploration.

Table 1 provides the tidal ranges published for Old Harbor, Kodiak. Additional tidal information can be viewed at the NOAA website.

Table 1: Old Harbor Tidal Ranges

Water Level Elevation (feet MLLW)

Mean Higher High Water (MHHW) +8.3 Mean High Water (MHW) +7.6 Mean Sea Level (MSL) +4.4 Mean Low Water (MLW) +1.22 Mean Lower Low Water (MLLW) 0.0

2.0 SCOPE OF WORK

2.1 General

USACE-AD plans to drill nine offshore borings to a depth of 15 feet below mudline. The locations of the proposed borings are shown on Figure 2 of Appendix A. The coordinates for the boring locations are provided in Table 2.

The contractor is required to position the drill within a 15-foot radius of the provided coordinates, or to a location as directed in the field by the USACE-AD engineer. USACE-AD will have a surveyor on shore to guide the barge to the boring location and acquire the exact location of the boring after the drill casing has been set.

It will be the contractor’s responsibility to provide at least one lane of marine vessel traffic through the Old Harbor entrance channel at all times during the drilling operations.

The Contractor shall furnish experienced drillers, drill helpers, drilling equipment, barge, transportation, and materials necessary to complete the proposed marine geotechnical investigation. USACE-AD will be responsible for handling the split spoon samplers or core barrels, classifying soil samples, and logging the boreholes. The Contractor will be responsible for transporting the USACE-AD engineer and chemist from shore, to the drilling location, and back. The Contractor is also responsible for providing a skiff for drilling support as required.

Table 2: Old Harbor Test Boring Coordinates

Test Boring Northing Easting Mudline Elevation (feet MLLW)

TB-01 1171995.78 1778842.57 -6

TB-02 1172245.96 1778798.55 -6

TB-03 1172259.72 1778954.95 -6

TB-04 1172517.58 1778899.16 -4

TB-05 1172614.63 1779088.77 -6

TB-06 1172668.06 1779219.99 -6

TB-07 1172574.74 1779350.25 -4

TB-08 1172492.32 1779565.59 -4

TB-09 1172406.63 1779784.30 -4

2.2 Marine Geotechnical Drilling

The Contractor shall furnish a U.S. Coast Guard approved barge, all personnel, plant, equipment, transportation, and materials necessary to support the offshore drilling effort described in this Scope of Work. The barge must be capable of offshore drilling in water with the shallow drafts, tidal fluctuations, and currents occurring in the area.

The barge may be self-propelled or powered by a tug boat.

The Contractor shall furnish rotary type drilling equipment with a hydraulic feed and automatic hammer. Casing used to stabilize the borehole shall be completely equipped with all the accessories necessary for sampling to the depths and diameters specified. All casing, drill stem, drill bits, drill fluid and additives, pumps, and power necessary to accomplish the required boring and sampling shall be provided by the contractor. The contractor must have the equipment to drill and sample soil or core and sample rock to a depth of 15 feet below mudline. Any lost or abandoned equipment that is a navigational hazard or dredging obstruction will be the responsibility of the Contractor to remove at no cost to USACE-AD. When gravel, cobbles, boulders, abandoned man-made obstacles or any other type of obstructions are encountered in boreholes, suitable methods shall be used to drill through such obstructions. The Contractor shall submit to the USACE-AD engineer for approval: requests to bypass obstructions or abandon a boring and drill another boring nearby.

2.3 Soil and Rock Sampling

The purpose of this exploration is to characterize the subsurface soils to the project max pay dredge depth of -10 feet MLLW and beyond. In each borehole, soil samples shall be collected at the mudline surface, at 2.5 feet and five feet below the mudline surface, and at five-foot intervals thereafter. Soil samples shall be acquired in general accordance with ASTM D 1586, “Standard Test Method for Penetration Test and Split Barrel Sampling of Soils” except with a 2.5-inch inside diameter split spoon sampler driven by a 340-pound hammer automatic hammer. If bedrock or boulders are encountered, all rock coring will be performed with a core barrel capable of recovering core of 2-inch diameter or larger and will be performed in accordance with ASTM D 2113, “Rock Core Drilling and Sampling of Rock for Site Investigation”. All drill depths will be measured from mudline.

2.4 Standby for Adverse Weather

The Government may exercise up to a total of two separate adverse weather shift options, consisting of 12 hour shifts, for the drill crew(s), floating plant, and drilling equipment to reimburse the Contractor for standby due to adverse weather conditions. Adverse weather shifts will be defined as shifts when the USACE-AD engineer on site agrees with the drill crew that the weather is too severe to work and notifies the USACE-AD Contracting Officer of the decision. General guidelines for an adverse weather shift are when the waves are more than four feet in height and the barge is unable to hold position for drilling. Adverse weather conditions will be recorded on video by

USACE-AD.

2.5 Requirements and Qualifications

At a minimum, the following requirements and qualifications must be met for prospective contractors to be considered for this contract. The project drillers shall demonstrate experience in offshore exploration drilling. The lead drillers work experience shall include a minimum of three projects conducting offshore marine geotechnical investigations. The Proposer shall submit the names and qualifications of the proposed project drillers. Proposer shall demonstrate that the drill rig they intend to use has the capability, reliability, and is in a mechanical condition to successfully complete this drilling effort. The make, model, and year for the drill rig shall also be submitted. The Proposer shall demonstrate that the intended drilling method and the associated drilling equipment is appropriate for this effort. The Proposer shall describe in detail the anchoring/positioning system (e.g. number and size of anchors, spuds, etc) as well as other information regarding the barge proposed for use on this project.

2.6 Work and Safety Plans

Prior to starting work, the Contractor shall submit to USACE-AD a work plan for drilling and sampling. The plan shall include the proposed work schedule, method of drilling and sampling, a description of the equipment and sampling tools that will be used and a listing of subcontractors. The Contractor is responsible for the safety of his and the subcontractor’s personnel, equipment, materials, and the public at all times. A description of all methods and procedures that will be utilized to insure safe operations will be included in the safety plan. A specific safety and accident prevention plan in accordance with EM 385-1-1 “Safety and Health Requirements” shall be submitted with the work plan. No work shall be performed until these plans have been approved by USACE-AD.

2.7 Permits

The Contractor shall comply with all Federal, State and local laws, regulations and ordinances relating to the performance of this work. The Contractor shall procure all required permits, certifications and licenses required by Federal, State, and local law for the execution of this work.

2.8 Schedule

The required work plan shall be submitted to USACE-AD within 14 days after the Contractor receives the notice to proceed. The start date of fieldwork will be at a time mutually agreed upon between the Contractor and the government; however, all drilling must be completed no later than November 15, 2012. It is anticipated that the drilling operation will take place 24 hours per day, 7-days per week until the project is completed. USACE-AD is prepared to have engineers work 24-hour days, 7-days a week classifying soil samples and logging the boreholes.

2.9 Proposal Evaluation

The submittal will be evaluated on the completeness of the Work Plan and the qualitative evaluation of the appropriateness of the proposed equipment, personnel and experience of the Proposer.

3.0 MEASUREMENT AND PAYMENT

All measurements for payment shall be made by or in the presence of USACE-AD. Payment will be made only for drilling and sampling those borings included on the map in Appendix A, or as directed by USACE-AD to be drilled or sampled.

3.1 Lump Sum Payment Items

Payment items for which contract lump sum payments will be made are listed in the Bidding Schedule and described below. All costs for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, performing all associated Contractor quality control, providing environmental protection, meeting safety requirements, and for performing all work required for which separate payment is not otherwise provided.

3.1.1 Mobilization and Demobilization

Payment will be made for costs associated with mobilization and demobilization. No separate payment will be made for moves between borings. Mobilization and demobilization will include the preparation of the work plan, safety and accident prevention plan and obtaining all necessary permits.

3.2 Unit Price Payment Items

Payment items for which the contract unit price payment will be made are listed in the Bidding Schedule and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, and for performing all work required for each of the unit price items.

3.2.1 Marine Geotechnical Drilling and Sampling

Payment will be made for costs associated with the drilling, coring, and sampling in accordance with ASTM D 1586 and coring in accordance with ASTM 2113 at intervals prescribed in section 2.3 for each test boring drilled to a depth of 15 feet below mudline or as directed by USACE-AD.

3.2.1.1 Measurement

Borings will be measured for payment on the basis of each completed boring drilled and sampled to 15 feet below mudline or to a depth as directed by USACE-AD not to exceed 15 feet below mudline.

3.2.1.2 Unit of Measure: Each

3.2.2 Adverse Weather Shift

Payment will be made at the contract unit price under Bid Item 3 "Adverse Weather Shift" and will constitute full compensation for adverse weather standby. Payment will include all costs associated with the drill crew, drilling equipment, barge crew and barge.

3.2.2.1 Measurement

Adverse Weather Shift will be measured by the work-shift for delays while drilling at Kodiak.

Weather days shall constitute adverse conditions not under the control of the Contractor and agreed to in advance by the USACE-AD on-site engineer. This item is limited to a maximum of two total drilling shifts (12 hours each) for the project. Standby time for breakdown of the Contractor's equipment or other delays under the control of the drilling crew or barge crew will not be paid by the Government.

3.2.2.2 Unit of Measure: Each

4.0 Point of Contact

Questions should be addressed in writing to Ernest Woods, CEPOA-CT-SP at Ernest.L.Woods@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration FEB 2012 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to the lowest-priced technically acceptable offeror. The Government reserves the right to make award on the initial offer received without discussions.

(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 (FEB 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

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.

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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 (o) 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 ORCA.]

(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, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture:__________ .] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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.

(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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 Act--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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-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, 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 Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) 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)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

Other End Products:

Line Item No. Country of Origin

(List as necessary)

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

(1) The offeror and/or any of its principals ( ) 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 $3,000 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. Sec. 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 appeal 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. Sec. 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. Sec. 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. 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.

(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 Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror (

) does ( ) does not certify that—

(i) The items of equipment to be serviced under…