W911KB-16-T-0008.pdf

SEE ADDENDUM

(No Collect Calls)

W911KB-16-T-0008 09-Feb-2016

b. TELEPHONE NUMBER

(907)753-2549

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Mar 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911KB9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIMBERLY TRIPP

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT( W911KB)

PO BOX 6898

JBER AK 99506-0898

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15 Million

NAICS:

238910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF50

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

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42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911KB-16-T-0008

Section SF 1449 - CONTINUATION SHEET

PROPOSAL SCHEDULE

CHENA RIVER LAKES FLOOD CONTROL PROJECT

Tree and Brush Clearing 2016

North Pole, Alaska

OPTIONS. The Contracting Officer may exercise the option(s) by written notice to the Contractor not later than 90 days after contract award. Exercised items shall be completed within the contract completion period stated in the scope of work, unless the parties otherwise agree.

ITEM ITEM

NAME

ITEM

DESCRIPTION

QTY UNIT UNIT

PRICE

TOTAL

PRICE

Area 1

Clearing

Clear mid-section of the North Seepage Collector

Channel

3.5 Acre $________ $________

Area 2

Clearing

Clear along the Chena River upstream of the

Control Works

9.75 Acre $________ $________

Area 3

Clearing

Clear the Tanana River Levee Sill Protection

Groin Road

3.6 Acre $________ $________

Total Base Items 1-3 $________

Option 1 Area 4

Clearing

Clear the Tanana River Levee Groin Road to

GVEA Crossing

1.5 Acre $________ $________

Option 2 Area 5

Clearing

Clear the northern section of the North Seepage

Collector Channel

2.0 Acre $________ $_______

Total Option

Items 4-5

TOTAL $________

INSTRUCTIONS TO OFFERORS

GENERAL DESCRIPTION OF WORK

The Contractor shall furnish all labor, equipment, materials, supplies, transportation, fuels and other items necessary to clear and remove or chip trees and brush within an area of approximately 20 acres. These 20 acres encompass five separate treatment areas located within or near the Chena River Lakes Flood Control Project, are designated as Areas 1-5 and are described below. Areas 1, 2 and 3 are base contract work and Areas 4 and 5 are optional depending on available funding.

All trees and brush will be felled and masticated to ground level as prescribed. All tree stumps will be cut to no greater than 6-inches high from ground level and all birch and spruce trees of firewood size within Areas 1 and 5 will be salvaged and stacked at designated areas as specified below.

COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted at the Government’s Federal Business Opportunities website at:

www.fedbizopps.gov.

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

OFFEROR'S QUESTIONS AND COMMENTS

Point of Contact for this solicitation is:

Contract Specialist – Kimberly Tripp U.S. Army Engineer District, Alaska ATTN: CEPOA-CT (Tripp) P.O. Box 6898 JBER, Alaska 99506-0898 Phone: 907-753-5594 Fax: 907-753-5767 Email: kimberly.tripp@usace.army.mil with a courtesy copy to the Contracting Officer christine.a.dale@usace.army.mil

PROPOSAL SUBMITTALS

Offerors must mail or deliver proposals to be received no later than the date and time stated on the standard form (SF) 1449 or subsequent solicitation amendment. Questions concerning proposal receipt can be directed to the Contract Specialist/Contracting Officer listed in the solicitation.

Offerors are advised to plan accordingly. No arrangements will be made by the government to assist in proposal delivery. Day-pass procedures will not be used for proposal delivery purposes nor are there proposal pick-up services. No escort services will be provided. It is incumbent on the offeror to plan for unanticipated delays in delivery of proposals. Due to heightened security at Government installations, visitors to Joint Base Elmendorf-Richardson (JBER) must use the Boniface Gate or Fort Richardson Gate (Visitor Centers). All vehicle occupants are required to wear seatbelts and hand-held cell phone usage by vehicle operators while driving on base/post is prohibited. Violators will lose their Base/Post driving privileges for these offenses. Offerors who will have their proposals hand-delivered, or use personal delivery services such as DHL, UPS or FedEx, the delivery must be by person, courier or personal delivery service with active base access. Proposals will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:

Mailing Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Tripp) PO Box 6898 JBER, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Tripp, Room 30) 2204 3rd Street JBER, Alaska 99506

Proposals will be accepted in Room 30 during Alaska District Corps of Engineer business hours (7:30 AM to 4:30PM) Monday through Friday excluding holidays until the date and time stated on the SF1442 or subsequent solicitation amendment. Proposers are advised that the Alaska District Corps of Engineers building has limited access. Only the main door (in front under the Corps of Engineers red flag facing Talley Road which used to be known as Bluff Road) and the atrium doors (the tan addition to the main building located on Third Street/Fairchild Avenue) are open to individuals without a building pass. Room 30 is located in the basement near to the DeCafe Lunchroom (turn right if using the center stairs or elevator). There is a date/time stamp located at the front desk in Room 30 and is the official clock used for proposal receipt.

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W911KB-16-T-0008, DO NOT OPEN” (Note: Facsimile proposals or modifications will not be accepted.)

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

PROPOSAL FORMAT

a Written materials: Provide two (2) copies - 8 ½” x 11” format, using 10 point or larger font size (price proposal shall be submitted in a closed manila envelope.)

b. Electronic Format: Provide one (1) CD in read-only format, preferably using PDF files. Narrative information must be provided in a searchable format, preferably PDF.

c. Arithmetic Discrepancies

For the purpose of initial evaluation of proposals, the following will be utilized in resolving any arithmetic discrepancies found on the face of the proposal schedule as submitted by Offerors:

Obviously misplaced decimal points will be corrected;

In case of discrepancy between unit price and extended price, the unit price will govern;

Apparent errors in extension of unit price will be corrected;

Apparent errors in addition of lump-sum and extended price will be corrected.

For the purpose of proposal evaluation, the Government will proceed on assumption that the Offeror intends his proposal to be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above and the proposals will be so reflected on the abstract.

SCOPE OF WORK AND EVALUATION FACTORS

CHENA RIVER LAKES FLOOD CONTROL PROJECT

Tree and Brush Clearing

February 5, 2016

GENERAL: The Contractor shall furnish all labor, equipment, materials, supplies, transportation, fuels and other items necessary to clear and remove or chip trees and brush within an area of approximately 20 acres. These 20 acres encompass five separate treatment areas located within or near the Chena River Lakes Flood Control Project, are designated as Areas 1-5 and are described below. Areas 1, 2 and 3 are base contract work and Areas 4 and 5 are optional depending on available funding.

All trees and brush will be felled and masticated to ground level as prescribed. All tree stumps will be cut to no greater than 6-inches high from ground level and all birch and spruce trees of firewood size within Areas 1 and 5 will be salvaged and stacked at designated areas as specified below.

LOCATION: The Chena River Flood Control Project is located approximately 18 miles east of Fairbanks, Alaska, near the community of North Pole. The Project encompasses approximately 20,000 acres of Federal land owned and operated by the U.S. Army Corps of Engineers, Alaska District.

DESCRIPTION OF WORK: All areas will be cleared of trees and brush under this contract as specified.

All trees and brush less than 6-inch diameter breast height will be completely masticated to chips no larger than 3 foot long by 3 inches wide and left on site. Tree species vary from pure to mixed stands of white birch, balsam popular, white spruce, black spruce, tamarack, willow, and alder. The Contractor can expect to encounter soft, boggy ground and standing water within the treatment areas where equipment access may be difficult. Birch stands are heaviest on the north half of the Project with balsam poplar and aspen found more prevalent on the south end. Only birch and spruce trees will be salvaged for Corps distribution as public firewood.

All trees and brush in each area will be felled and masticated to ground level. All birch and spruce trees that are 6 inches diameter breast height and greater will be felled limbed and topped to a 4-inch diameter top and located in designated areas for public firewood. These firewood trees will be stacked in neat horizontal piles. Stacked piles will include no more than 30 trees per stack in areas where stem density is heavy. All tops within the area to be cleared will be reduced to chips. Trees felled outside the boundary of the area to be cleared will be dragged back in and chipped. Trees of other species shall not be salvaged.

All areas may contain various water features, rocks, culverts, steel relief wells, PVC piezometer well pipes, concrete structures, steel structures, survey monuments and markers, ruts, and irregularities which will require working around.

Area 1 is on the east side of the North Seepage Collector Channel which runs from the end of the north dam abutment to the Chena River. Area to be cleared is approximately 0.5 miles and is from the North Pond gravel road crossing south to where the trees have already been cleared back from the north seepage collector channel as shown in the attached photo. Width of the area to be cleared is 70 feet from the bottom of the north seepage collector channel to allow for final grading of a 3H:1V slope from the bottom of the seepage channel to the top of the slope plus a minimum of an additional 50 feet beyond the top of the slope. The vertical height of existing slope is irregular. In some areas the cut bank is 6 feet, in others only 2 feet and in some areas it is level. Approximately 3.5 acres. Final grading will be performed by others. Salvage trees shall be stacked in the toe of the seepage collector channel adjacent to the gravel road.

Area 2 is located upstream of the Control Works and includes approximately 8.5 acres on the north side of the river and approximately 1.25 acres on the south side. There are no salvage trees in either area.

South bank of the river (1.25 acres): Width of area to be cleared varies from 40 feet to 90 feet. This area includes the bank of the river which contains rip rap/armor rock which has willow/brush growing out of

it. The rip rap extends up from water level for a total distance of about 15-20 feet and total length of the rip rap is approximately 0.2 miles on this side of the river.

North side of the river (8.5 acres): Width of areas to be cleared varies from 40 feet to 180 feet. The area along the river is the same as the south side and contains with rip rap/armor rock which also has willow/brush growing out of it. The total length of the rip rap is approximately 0.5 miles on this side of the river. The entire area is to be cleared.

The terrain on both sides of the river is very flat and gravelly, excluding the rip rap portion.

Area 3 is located at the south end of the Chena Floodway downstream of the Sheet Pile Sill along the Tanana Levee Sill Protection Groin. Area to be cleared is approximately 0.5 miles along the groin road from the western end of the sill protection groin to the first road intersection. Vegetation on the landward side of the groin shall be removed to a distance of 50 feet from the toe of the groin. There are no salvage trees in this area. This area is approximately 3.6 acres.

Area 4 (Option 1) is the continuation of the groin road (Area 3) to the crossing of the GVEA intertie which is approximately 0.5 miles. Vegetation shall be cleared on both sides of the road to a distance of 10 feet from the edge of the road. There are no salvage trees in this area. Area is approximately 1.5 acres.

Area 5 (Option 2) is the continuation of the east side of the North Seepage Collector Channel from the area cleared under Area 1 of this contract to the north end of the seepage collector channel. Area to be cleared is approximately 0.4 miles long and 70 feet from the bottom of the seepage collector channel.

Area is approximately 2 acres. Salvage trees shall be stacked in the toe of the seepage collector channel adjacent to the gravel road.

SITE INVESTIGATIONS AND REPRESENTATIONS: It is highly recommended that all offerors visit all treatment areas to aid them in their proposal process. The selected Contractor assumes responsibility for all investigations as to the nature and location of the work, the general and local conditions (particularly weather and season), the surface soil, snow, ice, and water conditions at the equipment staging and work areas, and those conditions having bearing upon access to the treatment areas. The Contractor assumes responsibility of considering in the proposal: all uncertainties of weather, flood/ground water stages, topography including conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work, and all other matters upon which information is reasonably obtainable and which can in any way affect the work or the cost thereof under this contract. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations made by any of its officers or agents during or prior to the execution of this contract, unless (1) such understanding or representations are expressly stated in the contract and (2) the contract expressly provides that the responsibility therefore is assumed by the Government. Representations made but not so expressly stated and for which liability is not expressly assumed by the Government in the contract shall be deemed only for the information of the Contractor.

EQUIPMENT REQUIREMENTS:

Equipment shall be capable of completing all of the requirements of this scope of work. Equipment required for this contract shall be capable of efficiently and safely masticating trees and brush into chips not larger than 3 inches wide by 3 feet long. Equipment shall be capable of skidding, lifting, and stacking felled and sawed trees in full tree lengths at several locations without excessive damage to the soil. 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. Contractor shall coordinate work with Mr. Tim Feavel, Project Manager, at (907) 488-2748.

JOB COMMENCEMENT AND COMPLETION: Work periods for this contract are from award to 30 April 2016 and from 16 July 2016 through 30 October 2016. No work is permitted from 1 May 2016 to 15 July 2016 due to the presence of migratory birds. No work is permitted in Areas 1, 2 or 5 from 1 September to 20 September 2016. The Contractor shall determine the length of his workday. Weekend and holiday work will be permitted. If the Contractor is unable to complete the job due to unforeseen circumstances, such as impoundment of floodwaters, payment will be made for work based upon the Corps’ measurement of acreage cleared and the offered and accepted price per acre. Determination of cleared acreage completed will be accomplished using geographic information system data developed from global information system measurements. Failed or inadequate equipment will not be treated as an unforeseen circumstance. This contract may be terminated for convenience or for default if there is a failure to perform.

ACCESS: The Corps will supply to the Contractor all necessary keys to access the tree and brush clearing areas. The Contractor will be permitted to park a travel trailer and support equipment in the clearing area for the duration of the job if desired. Equipment may also be secured inside the Project Office compound; however, overnight habitation within the compound will not be permitted. All tree clearing and support equipment must be removed from Project lands within two weeks after the completion of the job. The Contractor will be required to move any and all equipment out of the contract area at the direction of the Project Manager in the event of any water impoundment.

SAFETY PLAN: The Contractor shall submit a written safety and accident plan to the Corps Project Manager 7 days before the pre-work conference to be scheduled in coordination with the Contractor and held at the Chena Project Office, 3800 Laurance Road, North Pole, AK 99705. The plan will be prepared in accordance with EM 385-1-1 Accident Prevention, and specifically address emergency communications in the field, an emergency contact list, first aid preparedness, personal protective equipment, equipment fueling, fire suppression and public safety considerations.

PRE-WORK CONFERENCE: The Contractor and the Corps Project Manager, or his authorized representative, will meet at the Project Office at least 3 days prior to the commencement of the work to inspect tree and brush clearing equipment, review contract requirements and evaluate/discuss the Contractor’s safety plan. This pre-work conference shall be scheduled during Project Office work hours, 7:30AM to 4:00PM Monday through Friday. Pre-work Notice: a minimum of 3 days notice shall be given to the Chena Project Manager prior to the start of any work.

BASIS FOR CONTRACT EVALUATION: Submitted proposals will be evaluated utilizing Lowest Price Technically Acceptable evaluation procedures. Award will be made to the offeror whose proposal conforms with all the terms and conditions of the solicitation and is determined to represent the overall best value to the Government. The lowest price technically acceptable selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. The following factors will be used to evaluate proposals:

Factor 1: Technical Capability - Equipment Factor 2: Technical Capability - Procedures Factor 3: Price

Proposals shall be submitted in two volumes. Volume I contains technical information and Volume II contains pricing information.

Volume I shall address the two Factors listed below and not exceed 5 pages in length.

Technical Capability - Equipment: Describe the equipment (make, model, year, type) in sufficient detail to demonstrate it is well maintained and capable of clearing the types of vegetation on the terrain indicated.

Technical Capability - Procedures: Provide brief clearing procedures that describe the work hours, labor and work procedures to clear the all areas in the timeframe provided and on the terrain indicated.

Proposals will be rated as either “acceptable” or “unacceptable” based on the contractor’s demonstration of providing the proper equipment, labor, and management to complete the tasks described in the scope of work.

Volume II is pricing information and shall be comprised of the completed proposal schedule.

TECHNICAL POINT OF CONTACT:

US Army Corps of Engineers Chena Flood Control Project Attn: CEPOA-EC-O (Mr. Tim Feavel) PO Box 55270 North Pole, AK 99705

(907) 488-2748

Attachments in Separate Files:

Maps Photos

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

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

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

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 (LPTA) offeror. The Government reserves the right to make award on the initial offer received without discussions. The following factors will be used to evaluate proposals:

Factor 1: Technical Capability - Equipment Factor 2: Technical Capability - Procedures Factor 3: Price

The combination of technical evaluation criteria Technical Capability - Equipment and Technical Capability - Procedures are equal– Procedures are approximately equal to Price. The Government intends to use a “LPTA” process during the award process.

(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 (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201)

[Offeror to identify the applicable paragraphs at (c) through (p) 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 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 for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

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-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

[List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

(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…