W911KB18T0016.pdf

W911KB18T0016

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FTW415 & FTW416 DRILLING AND SAMPLING

FFP

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

EQUIPMENT AND TRANSPORTATION TO PERFORM DRILLING AND

SAMPLING SERVICES AT FORT WAINWRIGHT, ALASKA IN

ACCORDANCE WITH THE ATTACHED SCOPE OF WORK AND WAGE

DETERMINATION NO. 15-5681 (REV 5) (COPY ATTACHED)

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

CONTRACTOR MANPOWER REPORTING

FFP

The contractor is required to report required information to the CMR system, web address https://ecmra.army.mil Contractors may direct technical questions to (703) 377-6199. Information regarding changes to the reporting process, when data should be entered, and how to enter certain data can be found under the Frequently Asked Questions (FAQ) section at the website provided above. In addition, general information regarding the policy, how a contractor’s information is protected, etc.

can be found in the FAQ section.

FOB: Destination

NET AMT

STATEMENT OF WORK

Geotechnical Drilling and Sampling Services FTW415 Combat Training Facility

FTW416 Controlled Humidity Warehouse Fort Wainwright, Alaska

30 July 2018

1. GENERAL

A. PURPOSE: The U.S. Army Corps of Engineers ‐ Alaska District (USACE‐AD) is conducting a geotechnical investigation to provide information for two projects; FTW415 Combat Training Facility and FTW416 Controlled Humidity Warehouse located at Fort Wainwright, Alaska. The investigation will consist of drilling, sampling test borings. Ultimately, the geotechnical data obtained will be used in developing the specifications and design criteria for construction of the proposed Facilities. To perform the planned investigation USACE‐ AD needs to obtain geotechnical drilling and sampling services. USACE‐AD will provide an engineer in the field that will classifying soil samples and log the test Borings.

B. DEFINITIONS: Whenever the term “Owner” is used herein, it refers to the U.S. Army Corps of Engineers, Alaska District. Whenever the term “Contractor” is used, it refers to the Contractor performing the work specified.

C. RESPONSIBILITY: The contractor must furnish sufficient technical, supervisory, and administrative personnel to ensure the expeditious accomplishment of the work specified in this statement of work. Additionally, the contractor shall furnish all services, materials, supplies, labor and equipment in connection with this statement of work.

D. DIRECTION: The Contractor shall accept directions only from the Owner’s Contracting Officer (KO) or the duly authorized Contracting Officer's Representative (COR). Requests or desires of the users or using agency made directly to the Contractor will be immediately brought to the attention of the KO or COR. The KO is solely responsible for authorizing any changes to the project scope or other provisions of this statement of work, documented in writing.

1. The Contracting Officer (KO) for this work is:

Name: Tim Clapp Phone: (907) 753‐2836 Email: Timothy.L.Clapp@usace.army.mil

2. The Contracting Officer’s Representative (COR) for this project is:

Name: Michael Alley Phone: (907) 753‐2800 Email: mike.w.alley@usace.army.mil

E. PROPOSAL SUBMISSION: Submit to the owner an electronic copy of the proposed geotechnical subsurface drilling, sampling, and testing work plan at the time of proposal submission. The work plan must include the proposed work schedule, method of drilling and sampling, a description of the equipment and sampling tools that will be used, and a listing of subcontractors.

2. SCOPE OF WORK

A. GENERAL: The purpose of this exploration is to characterize the subsurface soils to depths ranging from 15 feet to 50 feet below the existing ground surface at the location of the proposed facility. The contractor is to provide geotechnical drilling and sampling services for the number and depths of test boring shown in Table 1. A project and vicinity map is provided as Government Furnished Information (GFI) GFI‐1. Location of proposed test boring are shown in GFI‐2 and GFI‐3.

The Contractor shall furnish experienced driller, drill helpers, drilling equipment, transportation, and materials necessary to complete the proposed geotechnical investigation. USACE‐AD will be responsible for classifying soil samples and logging the boreholes.

Table 1: Geotechnical Test Borings and Depths

Boring Depth (feet)

Number of Borings

Total Depth (feet)

15 8 120

50 4 200

TOTAL 12 320

B. GEOTECHNICAL DRILLING AND SAMPLING: The Contractor shall furnish all personnel, plant, equipment, transportation, and materials necessary to support the drilling effort described in this Statement of Work.

The Contractor must furnish rotary type drilling equipment with a hydraulic feed and automatic safety hammer. For borings greater than 15 feet in depth, the Contractor must furnish bentonite drilling fluid and mud rotary type drilling equipment to control heaving sands within the drill casing. Casing or auger used to stabilize the borehole shall be completely equipped with all the accessories necessary for sampling to the depths and diameters specified. All casing, drill stem, drill bits, drill fluid and additives, pumps, and power necessary to accomplish the required boring and sampling must be provided by the

Contractor. Any lost or abandoned equipment will be the responsibility of the Contractor to remove at no cost to USACE‐AD. When dense soils, gravel, cobbles, boulders, abandoned man‐made obstacles or any other type of obstructions are encountered in boreholes, suitable methods shall be used to drill through such obstructions. The Contractor shall submit to the USACE‐AD engineer for approval: requests to bypass obstructions or abandon a boring and drill another boring nearby. The order in which drilling is to be accomplished will be determined in the field by the USACE‐AD engineer.

C. SOIL SAMPLING: Large Penetration Test (LPT) split‐barrel samples shall be obtained at the surface and following depths: 2.5 feet, 4.5 feet, 7.5 feet, 9.5 feet, 12.5 feet, 14.5 feet, and at 5.0’ intervals to the bottom of the boreholes. LPTs shall be performed with a 3.0 inch outside diameter by 2.5 inch inside diameter (I.D.) split‐barrel sampler driving 24‐inches below the drill casing with an impact hammer weighing 340 lb. falling 30 inches. Otherwise, all the provisions of ASTM 1586 must apply.

D. REQUIREMENTS AND QUALIFICATIONS: At a minimum, the project drillers shall demonstrate experience in geotechnical exploration drilling. The lead driller’s work experience shall include a minimum of three projects conducting geotechnical investigations.

E. BACKFILLING TEST BORINGS: Upon completion of drilling, non‐contaminated test borings must be backfilled and compacted with non‐contaminated drill cuttings or imported gravel as necessary, and sealed with bentonite hole plug chips at a depth between two and five feet below the ground surface. The remaining top 2 feet of the hole must be backfilled with local soil and compacted. If borings are drilled through pavement surfaces, the surface shall be replaced and patched with similar thickness asphalt or concrete material.

Soil and groundwater contaminated with petroleum hydrocarbons or other contamination may exist within the site investigation area and may be encountered during the site investigation activities. The Contractor’s Accident Prevention Plan shall cover control, mitigation and protective measures to safely handle all physical and chemical exposure hazards that may be encountered on site. During drilling activities, the following guidance shall be followed by the Contractor.

1. Soil screening by photoionization detector (PID). Use 20 ppm threshold value to determine if soil contamination is present.

2. Detectable odors should also be used to evaluate the need to collect and containerize Investigative Derived Waste (IDW).

If contaminated soil is encountered during drilling, the test borings must be backfilled with hydrated bentonite chips from the bottom of the hole to two feet below the ground surface. The remaining top 2 feet of the hole must be backfilled with local soil and compacted.

The Contractor must contain the contaminated drill cuttings in steel 55‐gallon drums with removable lids. Before reuse of drilling equipment and samplers, clean and decontaminate in accordance with ASTM D 5088 Standard Practice for Decontamination of Field Equipment Used at Waste Sites. Upon completion of drilling, all drummed investigative derived waste must be transported by the Contractor to the Investigation‐Derived Waste (IDW) facility at Fort Wainwright.

The Contractor must remove all drill cuttings and investigative derived waste from each test boring and return the area to its previous condition.

F. WORK PLAN: Prior to starting work, the Contractor shall submit to USACE‐AD a work plan for drilling and sampling. The plan shall include the proposed work schedule, method of drilling and sampling, a description of the equipment and sampling tools that will be used and a listing of subcontractors. The Contractor is responsible for the safety of his and the subcontractor’s personnel, equipment, materials, and the public at all times. A description of all methods and procedures that will be utilized to insure safe operations will be included in the work plan.

G. ABBREVIATED ACCIDENT PREVENTION PLAN: Prior to starting work, the Contractor shall submit a site specific Abbreviated Accident Prevention Plan, prepared in accordance with Engineering Manual EM 385‐1‐1 “Safety and Health Requirements”, dated 30 Nov 2014, Appendix A, Section 3.k.. A checklist is provided in Appendix A of EM 385‐1‐1 to ensure all requirements of the APP are met. No work shall be performed until the APP has been approved by the Owner. All work must comply with the requirements of EM 385‐1‐1. As a reference, an electronic copy of EM 385‐1‐1 can be downloaded from the following website:

http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx?udt_ 43544_param_page=2

H. PERMITS: The Contractor shall comply with all Federal, State and local laws, regulations and ordinances relating to the performance of this work. The Contractor shall procure all required permits, certifications and licenses required by Federal, State, and local law for the execution of this work. USACE‐AD will provide the Fort Wainwright utility dig permit.

I. SCHEDULE: The required work plan and abbreviated accident prevention plan must be submitted to USACE‐AD within 14 days after the Contractor receives the notice to proceed.

The start date of fieldwork will be at a time mutually agreed upon between the Contractor and USACE‐AD however, all drilling must be completed no later than 30 days after notice to proceed. It is anticipated that the drilling operation will take place 10 hours per day, 7‐ days per week until the project is completed. USACE‐AD is prepared to have engineers work 10‐hour days, 7‐days a week classifying soil samples and logging the boreholes.

3. MEASUREMENT AND PAYMENT

All measurements for payment shall be made by or in the presence of USACE‐AD. Payment will be made only for drilling and sampling those borings included on the map in GFI‐2 and GFI‐3, or as directed by USACE‐AD to be drilled or sampled.

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

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

a. UNIT OF MEASURE: Job

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

1. Geotechnical Drilling and Sampling – 15 foot Test Borings: Payment will be made for costs associated with the drilling, sampling, and backfilling in accordance with section 2A, 2B, 2C, 2D, and 2E for each test boring drilled to a depth of 15 feet below the existing ground surface or as directed by USACE‐AD.

a. MEASUREMENT: Borings will be measured for payment on the basis of each completed boring drilled and sampled to 15 feet below existing ground surface or as directed by USACE‐AD not to exceed 15 feet below existing ground surface.

b. UNIT OF MEASURE: Each

2. Geotechnical Drilling and Sampling – 50 foot Test Borings: Payment will be made for costs associated with the drilling, sampling, and backfilling in accordance with section 2A, 2B, 2C, 2D, and 2E for each test boring drilled to a depth of 50 feet below the existing ground surface or as directed by USACE‐AD.

a. MEASUREMENT: Borings will be measured for payment on the basis of each completed boring drilled and sampled to 50 feet below existing ground surface or as directed by USACE‐AD not to exceed 50 feet below existing ground surface.

b. UNIT OF MEASURE: Each

3. Backfilling Contaminated 15 foot Test Borings: Payment will be made for additional costs associated with the backfilling, containing and transporting contaminated drill cuttings, and decontaminating of equipment in accordance with section 2E for each test boring drilled to a depth of 15 feet below the existing ground surface that encountered soil contamination as determined by USACE‐AD.

c. MEASUREMENT: Borings will be measured for payment on the basis of each completed contaminated backfilled test boring that was drilled and sampled to 15 feet below existing ground surface or as directed by USACE‐AD not to exceed 15 feet below existing ground surface.

d. UNIT OF MEASURE: Each

4. Backfilling Contaminated 50 foot Test Borings: Payment will be made for additional costs associated with the backfilling, containing and transporting contaminated drill cuttings, and decontaminating of equipment in accordance with section 2E for each test boring drilled to a depth of 50 feet below the existing ground surface that encountered soil contamination as determined by USACE‐AD.

e. MEASUREMENT: Borings will be measured for payment on the basis of each completed contaminated backfilled test boring that was drilled and sampled to 50 feet below existing ground surface or as directed by USACE‐AD not to exceed 50 feet below existing ground surface.

f. UNIT OF MEASURE: Each

Table 2. Bid Schedule

Item Description Units Qty Unit Price

Total Price

1 Mobilization/demobilization of drill rig, drill equipment, supplies, and personnel to the project site.

Job 1

2 Drilling and sampling test borings to 15 feet below existing ground surface or to a depth as directed by USACE‐AD not to exceed 15 feet below existing ground surface.

Each 8

4 Drilling and sampling test borings to 50 feet below existing ground surface or to a depth as directed by USACE‐AD not to exceed 50 feet below existing ground surface.

Each 4

Option Item

5 Backfill completed contaminated test boring that was drilled and sampled to 15 feet below existing ground surface or as directed by USACE‐AD not to exceed 15 feet below existing ground surface.

Each 2

6 Backfill completed contaminated test boring that was drilled and sampled to 50 feet below existing ground surface or as directed by USACE‐AD not to exceed 50 feet below existing ground surface.

Each 2

CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: HTTP://WWW.ECMRA.MIL. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract/task order performance. Contractors may direct questions to the help desk at: HTTP://WWW.ECMRA.MIL to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at

HTTP://WWW.ECMRA.MIL

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

FOR

Contract: Geotechnical Drilling Services FTW415 and FTW416 – Fort Wainwright, Alaska

1. PURPOSE. This QASP is a Government developed and applied document used to ensure that the Contractor performs all requirements of the Contract/Order, that the Government receives quality services, and that the Government pays only for services actually provided. The QASP provides a systematic method to evaluate the services the Contractor is required to furnish.

2. SCOPE. The Contractor is responsible for management and quality control necessary to perform the required services. The QASP provides for the Government’s oversight of the Contractor’s management efforts to assure timely, responsive services are provided IAW the Contract/Order. The Contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is to perform quality assurance to ensure contract standards are achieved.

3. ROLES AND RESPONSIBILITIES.

Contracting Officer (KO): A duly appointed individual with the authority to enter into, administer, and terminate contracts on behalf of the Government. Only the KO can legally commit the Government and, as the Government’s agent, modify the Contract/Order. The KO is the final authority for determining adequacy of the Contractor’s performance. KO decisions arising under or relating to the contract are final.

Contracting Officer’s Representative (COR): An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor’s performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the Contract/Order or in any way obligate additional funds by the Government; such authority rests solely with the KO.

4. METHODS OF SURVEILLANCE. Simplified methods of surveillance shall be used by the Government to evaluate Contractor performance due to the short duration of this work. The primary method of surveillance shall be feedback from the Alaska District staff that will be on-site in Fort Wainwright for the work.

Alaska District Feedback: The drilling services effort will be supported by at least two (2) Government personnel at Fort Wainwright; two (2) from the Alaska District. Feedback regarding contractor performance, or lack thereof, will be obtained via telephone or email. Telephonic complaints must be followed up in writing/email. The on-site personnel must clearly articulate the nature of the complaint, time, date, etc. The COR will investigate the complaint; if determined valid, the COR will advise the KO and the Contractor of the deficiency. Copies of valid complaints and the resolution must be retained in the official contract file.

5. QUALITY ASSURANCE (QA) SURVEILLANCE TASKS.

a. The COR will perform surveillance of the Contractor through feedback from the on-site Government personnel to ensure all required services of the Contract/Order are properly executed.

b. The COR will immediately report any noted contractual deficiencies to the Contractor and the KO, to include date, specific contract requirement, deficiency, request for Contractor corrective action, and suspense date. When contractual performance deficiencies are noted, increased coordination with on-site Government personnel will take place to assure contract compliance.

c. The COR will re-inspect services that were found deficient through feedback from the on-site Government personnel. Failure to complete corrective actions will be reported immediately to the KO for further action.

d. Upon satisfactory completion of the work, the COR will accept the services provided under the Contract/Order and authorize payment by approving the Contractor’s invoice.

6. DOCUMENTATION. When services are provided IAW the Contract/Order it is not uncommon for a low dollar value and low complexity and/or duration service to be performed without any remedial actions required by the Government. Based on the low dollar value and the low complexity and/or duration of the Contract/Order, documentation will be kept to a minimum. Documentation of COR surveillance of contractor performance can be as simple as a memo for record as long as it includes date, type of surveillance, what was observed, and results.

The COR must forward all records they maintained to the KO after accepting the Contractor’s services for use in the event of a future contract claim/dispute.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

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

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-4 Recovered Material Certification MAY 2008 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 252.244-7000 Subcontracts for Commercial Items JUN 2013

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. 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 (NOV 2017)

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

“Women-owned small business concern” means a small business concern--

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

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

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

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

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

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

(B) The taxpayer is delinquent in making payment.