13-T-0010ChenaMowing.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

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14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$7M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911KB-13-T-0010 19-Feb-2013

b. TELEPHONE NUMBER

907-753-2553

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 28 Feb 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

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YOLANDA M IKNER

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561730

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WC1JUW30179993

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W911KB-13-T-0010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 800 Acre

FY2013 FLOODWAY MOWING

FFP

Base Year 2013--- PROJECT NO.: 139550 Floodway Mowing 800 Acres

FOB: Destination

MILSTRIP: WC1JUW30179993

PURCHASE REQUEST NUMBER: WC1JUW30179993

NET AMT

0002 200 Acre

FY2013 FLOODWAY PLANTING

FFP

Base Year 2013--- PROJECT NO.: 139550 Floodway Planting 200 Acres FOB: Destination

0003 800 Acre

OPTION FY2014 FLOODWAY MOWING

FFP

Option Year One 2014--- PROJECT NO.: 139550 Floodway Mowing 800 acres FOB: Destination

0004 200 Acre

OPTION FY2014 FLOODWAY PLANTING

FFP

Option Year One 2014--- PROJECT NO.: 139550 Floodway Planting 200 acres FOB: Destination

0005 800 Acre

OPTION FY2016 FLOODWAY MOWING

FFP

Option Year Two 2015--- PROJECT NO.: 139550 Floodway Mowing 800 acres FOB: Destination

0006 200 Acre

OPTION FY2016 FLOODWAY PLANTING

FFP

Option Year Two 2015--- PROJECT NO.: 139550 Floodway Planting 200 acres FOB: Destination

STATEMENT OF WORK

STATEMENT OF WORK

Mowing Floodway/Seepage Collector Channel and Seed/Grain Planting

CHENA RIVER LAKES FLOOD PROJECT

13 February 2013

1. GENERAL

Mowing and seed/grain planting are critical to the operation of the dam for the purpose of impounding, diverting and regulating floodwaters for the Chena River Flood Control Project.

Mowing of a mixture of vegetation within the floodway and seepage collector channels is required. From 500 to 700 acres each year require mowing. The project also requires seed/ grain planting with fertilization to maintain the vegetative cover and prevent erosion. The target acreage to plant each year is 80 acres, but can vary between 50 and 100 acres per year.

The Chena River Lakes Flood Control Project is located 18 miles east of Fairbanks, Alaska, near the community of North Pole.

The contract consists of a base year and 2 option years.

2. SCOPE OF PROJECT

The contractor shall furnish all labor, supervision, equipment, materials, supplies, transportation, fuel and other items necessary to accomplish the mowing and seed/grain planting described below. The seed/grain and fertilizer will be provided by the Government.

2.1 Mowing Floodway/Seepage Collector Channel and Roadside Corridor The areas to be mowed are within the floodway/impoundment areas of the Project and along the seepage collector channels downstream of the Moose Creek Dam (see map attached).

• The floodway (Area 1) contains about 1,500 acres of vegetation that require mowing on a three-year rotational basis. This means approximately 1/3 of the area is to be mowed each year.

• The seepage collector channels (Area 2) contains about 150 acres that requires mowing annually. The seepage collector channel areas include the channels themselves and the land extending from the stability berm of the dam (ie. road shoulder) to the channels. This area includes small cleared vistas and small seepage flowage corridors.

• The road side corridor (Area 3) contains about 42 acres that requires mowing annually. This narrow corridor of land (50 feet wide by 7 Miles long) was planted to grasses and contains seasonally wet areas particularly prone to rutting that must be avoided to prevent damage.

The total amount and location(s) of acreage to be mowed in a season will be determined by the Chena Project Manager. Annual mowing acreage will be determined by the availability of funds, flood control activities, condition of the mowing areas, and scheduled floodway maintenance requirements. It is the intention of the Government, contingent upon the above considerations, to mow between 500 and 800 acres annually including the seepage collector channels and road side corridor.

Description and Nature of Work: The mowing areas contain a mix of vegetation including grasses, weeds, brush and small trees. Woody vegetation can exceed 8 feet in height and two inches in stem diameter. Various water features, timbered islands, roads, agricultural fields, signs, utility poles, pipeline markers, recording instruments, rocks and flood debris are present which must be mowed around. The mowing acreage in the floodway can be described as generally flat and rough overall, containing various depressions, ruts, ledges, and other irregularities in topography which can slow mowing and offer potential hazards to equipment.

Sloping terrain in the seepage collector channels also present surface irregularities which require slow and careful mowing operations. Due to the potential of equipment downtime, the contractor should anticipate and plan for additional equipment and repair time in order to complete the job in a timely manner. All mowing is to be accomplished in contiguous, rectangular patterns to facilitate measurement of work completed. Non-contiguous and irregular areas of obvious high grading or selective mowing will not be measured for payment should the contractor be unable to complete the work due to unforeseen circumstances.

Equipment Requirements: The Contractor is to provide and maintain proper equipment for this project. All equipment to be used under this contract will be inspected by the Government prior to work to meet the desired results, safety, and environmental standards for operating on public land. All vegetation shall be cut to a height of no greater than 6 inches. Cut vegetation must be evenly distributed over the areas mowed and not windrowed behind the mower. For this reason, the Government recommends use of at least a 15 foot, flex-wing, rough field, rotary type mower to accomplish the work. A substantial amount of hand work will be necessary to remove vegetation along the dam’s heel, elevated benches and various other features in the floodway to meet this requirement. Equipment used in mowing operations must be maintained in such condition to not leak fuel, oil, or hydraulic fluid into the soil while operating on Chena Flood Control Project lands. While idle or staged a drip plan shall be laced to catch dripping fluids.

The contractor shall have on hand a portable spill kit capable of handling up to 50 gallons of spilled fluid.

Test Strip: The Contractor will be required to mow a 100 foot long test strip with equipment on the floodway to verify proper cutting height and efficiency of cut in the presence of a Government representative prior to actual mowing. The time and place for these test strips will be determined during the per-work conference.

2.2 Seed/Grain Planting and Fertilization

Some of the floodway planting areas have been tilled and planted in barley, oats, and peas in past years, however, new ground will also be planted that has never been tilled. Planting areas are located on flood prone areas on both the North and South side of the Chena River. Seed and Fertilizer will be provided by the Government.

Description and Nature of Work: The Contractor shall be required to apply fertilizer and plant a specified acreage on the floodway and other areas of Project lands to barley, oats, peas, sunflower, brome, clover and other seed/grains as determined by the Chena Project Manager.

The seed and fertilizer rates to be applied in these planting areas will be based on current soil conditions, soil test results, risk of flooding, seed availability, or other factors at the time of planting and shall be specified by the Chena Project Manager before the start of work. Fertilizer and seed shall be applied at the same time if equipment used is configured with separate hoppers for seed and fertilizer. This will reduce the time and tillage impact to the seedbed from equipment use.

Equipment Requirements: The Contractor is to provide and maintain proper equipment for this project. All equipment to be used under this contract will be inspected by the Government prior to work to meet the desired results, safety, and environmental standards for operating on public land. A no-till type grain drill equipped with press wheels will be considered the ideal piece of equipment for this contract for planting and fertilizing. Planting equipment must be capable of firming the soil and the seed for optimum germination. If a grain drill equipped with press wheels is not used, a compactor may be used as an alternative. Equipment used for fertilizing only must be of the type, style, and configuration to accurately and consistently sow fertilizer at the specified rates. Broad cast type seeders or fertilizer spreaders will not be used under this contract unless the seed is of the type that would warrant a broadcast application as deemed necessary by the Chena Project Manager.

The tractor used in planting operations shall be well maintained such that it does not leak fuel, oil, or hydraulic fluid in to the soil while operating anywhere on Project lands. While the tractor is idle or staged on Project lands, a drip pan will be in place to catch any dripping fluids. The contractor will have on hand a portable spill kit capable of handling up to 50 gallons of spilled fuel.

Field Preparation: All fields will normally require mowing and disking prior to planting unless no-till equipment is used which may negate the need for field preparation prior to planting on some sites. All fields to be planted will be assigned during the pre-work conference.

Planting and Fertilizing Rates: When the contractor is required to plant barley and oats, it will be planted at 60-80 pounds per acre to a depth of 1.5 – 3 inches, and fertilized at a maximum rate of 200 pounds per acre. The planting operation will require that a firm seedbed is obtained to minimize the air pockets and enhance germination.

Areas where the contractor is required to plant sunflower seed will be planted at 7-9 pounds per acre and fertilized at a maximum rate of 300 pounds per acre. Planting equipment must be the type, style and configuration to accurately and consistently plant sunflower seeds at a depth of 1- 2 inches and firm the seedbed. The spacing between planting rows will be 16-20 inches, therefore every second and potentially third seed run on the grain drill may have to be blocked to achieve proper planting rates. Planting areas designated for sunflowers typically encompass small parcels of 0.5 to 10 acres.

Fields that are planted too deep for optimum germination and growth will be rejected by the Chena Project Manager or his representative.

Test Strip: The Contractor will be required to fertilize and plant a 100 foot long test strip with equipment for each type of crop planted in the presence of a Government representative prior to actual planting to assure proper seed depth, soil/seed compaction, row width and seed spacing.

The time and place for these test strips will be determined during the per-work conference.

3.0 SCHEDULE

Pre-work Teleconference and Onsite Pre-work Conference:

A Seed/Fertilizer teleconference will be initiated by the Contractor in March to contact the Chena Project Manager or his representative and discuss current year ordering of seed and fertilizer for planting that coming season. This is intended to allow the contractor time to prepare equipment for the planting season.

An onsite pre-work conference will be scheduled at least 3 days prior to the start of work and held at the Chena Project Office and/or the work site to inspect all planting/fertilizing equipment and mowing equipment, review contract requirements, and evaluate/discuss the Contractor’s Safety Plan (See Section 6.0 Safety Plan). This pre-work conference meeting, between the Contractor and the Chena Project Manager, shall be scheduled during Project Office work hours, 7:30AM to 4:00PM Monday through Friday unless other times are agreed upon mutually between the Contractor and the Chena Project Manager. Pre-work Notice: A minimum of 3 days notice shall be given to the Chena Project Manager prior to the start of any work.

Seed/Grain Planting and Fertilizing Schedule: All seed/grain plantings must be completed between 10 May and 10 June of the current contract year with sunflower being planted first. The Chena Project Manager will make a determination on any extensions needed to complete the contract.

Mowing Schedule: All mowing will occur between 10 June and 15 August of the current contract year. Areas 2 and 3 must be completely mowed by 1 July of each contract year unless changed by the Chena Project Manager. Determination of the actual start date will be coordinated with the Chena Project Manager. The Contractor shall accommodate all scheduled public use events occurring in the mowing areas and will plan the mowing accordingly so as to not create conflicts and hazards. Notice shall be given to the Contractor as public use events are scheduled in the mowing areas. The Contractor shall determine the length of their work day. Weekend and Holiday work is permitted.

Each mowing and planting area will be treated independently of the others and must be completed prior to starting the next work area. The Chena Project Manager or his representative will inspect each area as it is completed. The Contractor is required to contact the Chena Project Manager before start of each work area to receive direction on continuing or halting work temporarily due to anticipated weather or floodway conditions.

4.0 ACCESS

The Chena Project Manager will supply the Contractor all necessary keys to access the mowing and planting areas. The Contractor shall be permitted to park equipment inside the Project Office compound for the duration of the job if desired; however, overnight habitation within the compound will not be permitted. The Contractor shall be permitted to park a travel trailer and support equipment in the mowing area for the duration of the job, if desired.

All equipment must be removed from the Chena project lands within two weeks of job completion. The Contractor shall move any and all equipment out of the planting or mowing areas at the direction of the Chena Project Manager in the event of any water impoundment.

5.0 CONTRACTOR SAFETY PLAN

The Contractor’s safety plan shall be prepared and submitted to the Chena Project Manager 7 days before the start of work. Work may not start until the plan is accepted by the Chena Project Manager. This plan shall provide a listing of field personnel employees, contact information, methods for emergency communications in the field, an emergency contact list, first aid preparedness, equipment fueling procedures, fuel or POL spill clean-up, fire suppression and public safety considerations. The Contractor shall follow the latest edition of EM 385-1-1 “US Army Corps of Engineers Safety and Health Requirements Manual”.

6.0 CONTRACT DURATION

This contract is for one base year and two option years. The renewal of this contract for one or more option years shall be at the discretion of the Government, based upon performance, availability of funds, and condition of the floodway during flood event years. Execution of option years shall be binding on the Contractor only if the Government decides to exercise the option years. Option years shall be exercised at the unit price as bid for the particular option year. Option years will be exercised by March 1 each year. Authorization of work to be performed by the Contractor will be accomplished only upon issuance of a delivery order by the Government.

7.0 PAYMENT

Mowing: If the Contractor is unable to complete the job due to unforeseen circumstances, impoundment of floodwaters or the early onset of measureable snowfall, payment will be made for work based upon the Government’s measurement of acreage mowed and the bid price per acre. Determination of mowing completed will be accomplished using geographic information system data developed from global positioning system measurements. Failed or inadequate mowing equipment will not be treated as an unforeseen circumstance.

Seeding: If the Contractor is unable to complete the job due to unforeseen circumstances, impoundment of water or extremely wet conditions due to a late break up, payment will be made for work based upon the Corps measurement of acreage planted and the bid price per acre.

Determination of planted acreage will be accomplished using geographic information systems data developed from global positioning systems. Failed or inadequate tillage, fertilizing, planting or support equipment will not be treated as unforeseen circumstances.

8.0 TECHNICAL POINT OF CONTACT

US ARMY CORPS OF ENGINEERS

CHENA FLOOD CONTROL PROJECT

ATTN: CEPOA-CO-O (Mr. Tim Feavel, 907 488 2748) PO Box 55270 North Pole, AK 99705

9. BASIS FOR CONTRACT EVALUATION AND AWARD

The Contractor’s proposal shall address the following items:

1. Brief mowing procedure that describes the equipment (make, model, year, type), work hours, labor, and work procedures to mow 800 acres within the timeframe provided.

Equipment should be described in sufficient detail to ensure it is well maintained and capable of mowing the acreage listed in the time frames specified.

2. Provide an overview of the seed field preparation and planting procedures. Include the equipment (make, model, year, type) work hours, labor, and procedures to plant 80 acres within the timeframe provided. Equipment should be described in sufficient detail to ensure it is well maintained and capable of seeding the acreage listed in the time frames specified.

Proposals will be rated as either “acceptable” or “not acceptable” based on the contractor’s demonstration of providing the proper equipment, labor, and management to complete the tasks described in the scope of work. Proposals shall not exceed 5 pages in length.

Contracting Officer's Authority The Contracting Officer (or designated representative) is the only person with the authority to act as agent of the Government under this purchase order/task order. Only the Contracting Officer has authority to:

(1) direct or negotiate any changes in the Statement of Work/Description or specifications;

(2) modify or extend the period of performance;

(3) change the delivery schedule; or

(4) otherwise change any terms and conditions of this purchase order/delivery order.

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this purchase order/delivery order and not withstanding any provisions contained elsewhere in this purchase order/delivery order, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the purchase order/delivery order price to cover any increase in costs incurred as a result thereof.

Requirement for Contractor Manpower Reporting (CMR): In accordance with AFARS subpart 5137.96 Accounting for Contract Services, requires all COR to verify contractor manpower information on website: https://cmra.army.mil.

https://cmra.army.mil/

CLAUSES INCORPORATED BY REFERENCE

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-https://www.acquisition.gov/

(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.

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(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:

[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:

(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.