W911SA-18-Q-1009___Solicitation.docx

W911SA-18-Q-1009

Section SF 1449 - CONTINUATION SHEET

Dust Suppressant

FFP

Contractor shall provide all material, labor, and equipment, to deliver and apply dust suppressant material on designated Fort McCoy unpaved roads and other surfaces in accordance with the Statement of Work (SOW) and the terms and conditions of the solicitation and resultant contract. POP Year 1: February 1, 2018-January 31, 2019.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011082880

NET AMT

Dust Suppressant

Contractor shall provide all material, labor, and equipment, to deliver and apply dust suppressant material on designated Fort McCoy unpaved roads and other surfaces in accordance with the Statement of Work (SOW) and the terms and conditions of the solicitation and resultant contract. POP Year 2: February 1, 2019-January 31, 2020.

NET AMT

Dust Suppressant

Contractor shall provide all material, labor, and equipment, to deliver and apply dust suppressant material on designated Fort McCoy unpaved roads and other surfaces in accordance with the Statement of Work (SOW) and the terms and conditions of the solicitation and resultant contract. POP Year 3: February 1, 2020-January 31, 2021.

NET AMT

Dust Suppressant

Contractor shall provide all material, labor, and equipment, to deliver and apply dust suppressant material on designated Fort McCoy unpaved roads and other surfaces in accordance with the Statement of Work (SOW) and the terms and conditions of the solicitation and resultant contract. POP Year 4: February 1, 2021-January 31, 2022.

NET AMT

Dust Suppressant

Contractor shall provide all material, labor, and equipment, to deliver and apply dust suppressant material on designated Fort McCoy unpaved roads and other surfaces in accordance with the Statement of Work (SOW) and the terms and conditions of the solicitation and resultant contract. POP Year 5: February 1, 2022-January 31, 2023.

NET AMT

SUPPLEMENTAL INFORMATION

1. Request for Quote (RFQ) for the delivery of Dust Suppressant to Fort McCoy, WI. The resultant contract will be a firm fixed price, multiple year, indefinite delivery indefinite quantity (IDIQ) contract. The period of performance is 01 February 2018 through 31 January 2023 (or subsequent date), and a six month option to extend.

2. This procurement is open market 100% small business set-aside, under the NAICS Code 325180 with a size standard of 1000 Employees.

3. All discourse concerning this solicitation and its requirement shall be directed to the Fort McCoy Contracting Office. Any remarks, explanations, or answers provided by any other Government Representative shall not change or qualify any of the terms or conditions of the solicitation. The solicitation shall only be changed by a written amendment issued by the Fort McCoy Contracting Office.

4. An award for this requirement will be made pursuant to FAR Part 13.5 Simplified Procedures for Certain Commercial Items and FAR Part 12, Acquisition of Commercial Items.

5. This will be a single award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.

There is no minimum guarantee beyond the first year.

In accordance with FAR 52.216-22, “Indefinite Quantity”, the quantities specified in the CLINs are estimates only and are not purchased by this contract.

The Government pays only for the actual quantities ordered and received by contract delivery order. The Government reserves the right to order the maximum quantities and is obligated to order only the minimum guarantee.

6. Quotes can be submitted in the following way:

-via email to: linda.r.salzman.civ@mail.mil

7. PERIOD FOR ACCEPTANCE OF QUOTES. The offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.

8. Written questions must be furnished to the Government no later than 18 January 2018 at 10:00 AM (Central Time) in order to ensure a timely response is provided by the quote closing date. All questions are to be submitted in writing by the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, Offerors are advised to submit questions as soon as possible. Please provide your company name, telephone number, point of contact, email address, and solicitation number on all questions. The Government will respond to all questions via the issuance of an amendment which incorporates the question and the Government’s response.

9. Functional POC: To be determined at the time of award (TBD)

10. Contract Administrator: TBD at time of award. If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

11. Contracting Officer: TBD at time of award.

12. Post award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

13. A DUNS number is required for SAM registration. If your company does not have a DUNS#, obtain one by calling 800-333-0505.

14. DUNS NUMBER ______________________________.

15. TAXPAYER ID #______________________________.

16. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the SAM database at www.sam.gov.

a. A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.

b. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 325180 under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

c. If the prospective awardee for this request for quotes is not registered in the SAM database by close of solicitation, including NAICS 325180 under the Goods – Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful registered offeror.

17. REPRESENTATIONS AND CERTIFICATIONS REQUIREMENT: Prospective contractors must also complete electronic annual representations and certifications (FAR 52.212-3 Alternative 1 Offeror Representations and Certifications - Commercial Items) to include the DFARS Representations and Certifications at www.sam.gov in conjunction with required registration in the System for Award Management, www.sam.gov database by the request for quote closing date to be eligible to receive an award for this request for quote.

18. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

19. INFORMATION FOR EVALUATION

This section supplements clause 52.212-1 and 52.212-2 which is included elsewhere in this request for quote. The Government will award a contract resulting from this request for quote to the responsible offeror whose quote, conforming to the request for quote, will be most advantageous to the Government, price and other factors considered. The Government intends to evaluate quotes and award a contract without discussions with Offerors. Therefore, the offeror’s initial quote should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest priced quotes; and waive informalities and minor irregularities in quotes received.

In case of discrepancy between a unit price and an extended price listed in the Item number, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

TECHNICAL FACTOR:

**In response to the solicitation/request for quote for this requirement, Offerors shall submit supporting documentation explicitly showing how the Salient Features and contract terms and conditions will be met. Supporting documentation can be documents such as brochures, pamphlets, screenshots, etc of the proposed item that specifically lists the salient features, and can be compared to the salient features listed in the solicitation.

Evaluation –Each item in Technical Requirements Table will receive one of the adjectival ratings defined below. Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

The offeror meets the minimum salient features of all items being procured.

PRICE FACTOR:

Submission Instructions – Offerors shall submit a fully completed SF 1449, Pricing Schedule, or acceptable alternative as identified elsewhere in the RFQ.

This solicitation shall be evaluated based on prices and salient features listed in the Solicitation.

Price will not be assigned an adjectival rating; and will be evaluated to determine if the Offeror's quoted price is fair, reasonable, and balanced. The Government may determine that a quote is unacceptable if prices are significantly unbalanced. Price shall be evaluated at estimated quantities multiplied times their respective unit price.

Unrealistically Low Prices: Unrealistically low quoted prices, initially or subsequently, may be grounds for eliminating a quote from competition.

Unbalanced Pricing: Offerors are cautioned against submitting a quote that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze quotes to determine whether they are unbalanced with respect to separately priced line items or subline items. Quotes that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

20. ALTERNATE DISPUTES RESOLUTION: In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum.

21. LEGAL COMPLIANCE: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

22. POST ACCESS

On 1 January 2018, Fort McCoy will no longer be using RAPIDGate as an access card. RAPIDGate cards that have already been issued will be accepted until 31 December 2018.

Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor and all associated sub-contractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures.

The contractor shall also provide all information required on the Fort McCoy form 451 and 452 for background checks to meet installation access requirements (SEE Below) to be accomplished by installation Director of Emergency Services Physical Security Division. Contractor personnel performing work under this contract shall submit to a NCIC-III Criminal History Check before access will be granted to Fort McCoy. Once the individual has cleared the criminal history they will be issued an Installation Access Card (IAC). An un-favorable NCIC-III Criminal History Check will result in the contractor being denied access to the installation and a waiver request must be approved prior to gaining access. For waiver approval process coordinate with the installation physical security office.

Contractors must process all Fort McCoy forms 451 and 452 through their Government sponsor (this is usually the COR).

Information required for Criminal History Check

Full Name, Including middle name(s) Sex Date of Birth Driver’s License information Issuing State Beginning and End date Access Hours Work location Company Name Position (i.e. Construction)

For more information please contact the Installation Physical Security Section at 608-388-8445/2010/4694 or 3794.

STATEMENT OF WORK

1. GENERAL: The contractor shall provide all material, labor, and equipment, to deliver and apply dust suppressant material on designated Fort McCoy unpaved roads and other surfaces (See attachments 1, 2, & 3).

2. MATERIAL SPECIFICATION: The delivered product shall be Calcium Chloride at 32% solution.

3. MATERIAL APPLICATION RATE: The contractor shall apply the material at a rate of 0.2 – 0.3 gallons per square yard. This application rate may be adjusted by the Government based upon observed effectiveness, contractor recommendation, or other information.

4. ORDERING:

a. Materials will be ordered by issuance of delivery order(s) sent to the contractor.

b. A guaranteed minimum of 27,000 gallons will be ordered for the first period of performance for application in either April, May, or June; with the remaining quantities reserved for a potential second application later in the summer or fall, if required. The Government intent is to complete this process annually, but no guaranteed minimum is offered beyond the first period of performance.

c. Orders beyond the first period of performance minimum guarantee identified above will not be less than 4,500 gallons (a standard tanker load).

d. Each order will include an attachment of a map indicating what roads and surfaces the material shall be applied to. The map will indicate road application prioritization, indicating in what order to apply material, until all the material has been applied.

5. TIME OF DELIVERY: Delivery time shall be between 7:00 AM and 3:30 PM Monday through Friday, excluding federal government holidays. Deliveries outside of regular working hours will be accepted only when prior arrangements have been approved by the Government.

6. DELIVERY AND APPLICATION COORDINATION:

a. The Government Point of Contact (POC) will be identified in each contract delivery order.

b. The Contractor, shipper, and applier shall coordinate dates and times of deliveries and material application with the Government POC.

c. The date and time of delivery and applications shall be coordinated with the Government POC at least 24 hours in advance. The notification shall identify: the start date of delivery and application, how many days’ delivery and application will take place, and the hours during which the contractor will deliver and apply the material.

7. DELIVERY AND APPLICATION OF MATERIALS:

a. The Government only pays for the quantity ordered under the contract. The contractor is responsible for delivering the quantity ordered in each delivery order, with zero (0) allowance for shortages. See contract clause 52.211-17 -- Delivery of Excess Quantities.

b. Deliveries and application shall commence within five (5) business days and be completed within fifteen (15) business days after award of a delivery order.

c. The contractor shall comply with all local, state, and federal laws and regulations.

d. The contractor’s bid shall include costs for material freight/delivery, all personnel and equipment for the delivery transportation, loading, unloading, and application of material, and any other charges.

e. In the event of a product spill, the contractor is responsible for the cost of the product, cleanup, and disposal of any spilled material.

f. The contractor will be required to enter the installation at Gate 20, for work scheduled to be completed within the cantonment area. Vehicles and personnel are subject to search upon entry to the Installation. Contractor’s employees will be required to show proof of identification, and get a visitor’s pass to enter the Cantonment area, at Gate 20.

g. The contractor and all associated subcontractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. The contractor and all associated subcontractors’ employees shall also comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Government may require monthly participation in the Installation Random Antiterrorism Program.

h. The delivery and application schedule shall be dependent on weather, as inclement weather will be a factor determining application days. If weather is a factor for any delivery and application day, the delivery and application schedule will be adjusted out until all of the material ordered is delivered and applied.

i. Delivery and application shall be made to designated gravel roads/areas at Fort McCoy anywhere on the Installation.

j. If the contractor requires a location to transfer product from a shipping vehicle to application equipment, the Rail Yard located at Fort McCoy shall be the designated location. The rail yard is located at the intersection of State Highway 21 and South J Street. Transfers outside of this location may occur only when prior arrangements have been approved by the Government POC.

k. IMPORTANT NOTE: The contractor should be aware that some gravel roads require the application of material on steep grades or dead end roads with limited turn around area.

8. DELIVERY AND APPLICATION RECEIPT:

a. The contractor shall provide proof of the volume of all deliveries e.g. by metered pump or weight slips.

b. The delivery receipt shall contain the material type, date, and volume of material delivered.

c. The contractor shall supply a delivery ticket for each load delivered.

d. The Government POC representative shall collect the delivery ticket(s) at the time of delivery.

Attachments:

1) Cantonment Map

2) North Post Map

3) South Post Map

4) ATOPSEC

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JAN-2019

DIRECTORATE OF PUBLIC WORKS

2171 SOUTH 8TH AVENUE

FORT MCCOY WI 54656

W81TMG

31-JAN-2020

W81TMG

31-JAN-2021

W81TMG

31-JAN-2022

W81TMG

31-JAN-2023

W81TMG

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

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:

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (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.

“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 its stock 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 the stock of which is owned by one or more women; and

(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 on the SAMwebsite.

(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 representation 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 is to 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: 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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:

[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:

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

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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.