W911SA20B2001 Solicitation.docx

W911SA20B2001

Section 00010 - Solicitation Contract Form

SUPPLEMENTAL INFORMATION

Contract Specialist:

Michelle Harvey Phone: 608-388-1250 E-mail: michelle.m.harvey3.civ@mail.mil

Contracting Officer:

Steve Bailey Phone: 608-388-6077 Email: steven.m.bailey2.civ@mail.mil

Include the following within the sealed bid package:

1) Completed SF1442 with acknowledgement of all amendments

2) Completed Attachment 5 SF24

3) CD-ROM (CD-R) disk with an electronic copy of all submission requirements listed above.

Contractor POC E-mail ______________________________________________

DUNS ________________________________________

TAXPAYER ID # _______________________________

CAGE CODE__________________________________

This solicitation is a 100% HUBZone Small Business set-aside under NAICS code 238910 with a size standard of $36.5 Million.

CONTRACT MAGNITUDE: The magnitude of this contract is between $1,000,000 and $5,000,000; including the base period, four one-year option periods and a possible six month extension (FAR 52.217-8) and a possible one time 30% increase (FAR 52.217-6). There is no additional cost for the FAR 52.217-8 clause.

This will be a single award Indefinite-Delivery Indefinite-Quantity type contract. The Government reserves the right to order the maximum quantities, set forth in the bid schedule and is obligated to order only the minimum project. It is the unilateral right of the Government to exercise the option year(s) of this contract. The minimum guarantee is one project, described below. There is no minimum guarantee in the option years.

The minimum guarantee is for 5000 tons of crushed concrete at Fort McCoy, WI 54656.

The Government may elect to perform concrete crushing under a separate contract vehicle once the minimum guarantee applicable to this contract action is met depending on the needs of the Government (Qty, period of performance, mission, etc.).

A site visit is scheduled for 15 January 2020 at 10:00 AM Local time CST. Interested attendees are asked to meet at the Contracting Office: Bldg. 1108. South R Street, Fort McCoy, Wisconsin. The POC for the project is Michelle Harvey at (608) 388-1250. See Site Visit in Section 00100. This will be the only site visit conducted, requests for additional site visits will be denied.

For Site Visit information, see Site Visit clause 52.236-27, Alternate 1 in Section 00100. Unless you already have a permanent vehicle pass, you will be required to obtain a one-day vehicle pass. You will be required to present the following information at the Visitor’s Center: (1) vehicle registration, (2) valid driver’s license, (3) or car rental agreement (if applicable). It is highly recommended that bidders plan to arrive at the Visitor’s Center at least an hour prior to the scheduled time for the site visit. The conference will begin promptly without considerations for late or lost bidders; no subsequent site visits will be considered. Remarks, explanations and answers provided by Government representatives before, during and after the site visit shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Fort McCoy Contracting Office.

Any questions concerns, verification or clarification of information of the documents included in the solicitation package shall be submitted in writing and submitted to the Contract Specialist identified herein no later than 11:00 AM, local time CST on 22 January 2020. Include in the subject line of the email the Government’s solicitation number; failure to do so will lessen the Government’s ability to ensure all questions are considered during the bidding process. Provide your company name, POC and contact information in the body of the email.

In accordance with DPAP changes to reporting requirements under FAR 52.223-2, Affirmative Procurement of Bio-based Products under Service and Construction Contracts, contractors are now required to submit annual bio-based reports to the new reporting module in the System for Award Management (SAM). SAM can be accessed at www.sam.gov

SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: An Active 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 actively registered, please register in the SAM database at www.sam.gov If your company is currently registered and close to expiring, begin/complete the process for SAM registration renewal.

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

a. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 238910, or a NAICS of similar business size, under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

b. If the prospective awardee for this request for quotes is not actively registered in the SAM database by close of solicitation, including NAICS 238910, or a NAICS of similar business size, under the Goods –Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful actively registered offeror.

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/ofccpost.htm

In accordance with FAR 22.404-10, the contractor must post a copy of the wage determination and Department of Labor Form WH-1321 in a prominent place where employees working on federal construction contracts can easily see it. The applicable wage determination is incorporated into the contract at Section H. The WH-1321 poster is located at http://www.dol.gov/compliance/guide/index.htm

VETS-4212 Registration: You shall register on the VETS-4212 site to be considered for award. http://www.dol.cov/vets/vets-4212.html if you have a Government contract or subcontract in the amount of $150,000 or more that was entered into or modified on or after December 1, 2003.

ORDERING OFFICIAL/OFFICER

There will be a designated Ordering Official under this contract, authorized to make purchases up to their designated authority of $25,000, per single known requirement, against this IDIQ contract, as long as non- pre-priced work does not exceed 10% or the pre-priced work, and no more than $2500 total.

Projects under this threshold will not be issued on an individual task order FORM 1155, however all requirements of the contract award, and all policies and procedures will be applicable to projects ordered by the designated official.

Contractor will still be required to negotiate quantities/specifications for the project with agreement/approval by the ordering official.

Projects awarded through the ordering official may count toward fulfillment of the minimum guarantee amounts. If in the event that not enough projects are processed under the minimum guarantee task order as described elsewhere in this solicitation and resultant contract, then the Government reserves the right to use any or all project amounts processed through the Ordering Officer to count toward the fulfillment of the required minimum guarantee.

The ordering officials will administer and be the main POC for all orders placed under their authority.

The names and contact information for these individuals will be included in the resultant contract.

The following describes the procedures to be used for ordering items under this contract by using the Federal Government-wide purchase card. This option to order by use of the Government-wide purchase card is strictly an alternative method of ordering by the Government and may be used in place of ordering by other order forms that comply with FAR 12.204. The Government reserves the right to unilaterally terminate the use of the credit card at any time.

All ordering officers may use the Government-wide purchase card, commonly referred to as the Government "credit card," as an alternative method of ordering and paying for purchases made under this contract. Purchase card orders are subject to all terms and conditions of this contract, unless otherwise stated in this provision or another provision in this contract.

The purchase card is specifically designed for use by the Federal Government. The purchase card is like a typical commercial credit card. However, the authorization limitations of the purchase card are more specific, i.e., only for a particular contract, monthly limitations, certain categories of products or services, etc. The purchase card will be exclusively used for official Government purchases in accordance with the prices, terms, and conditions of this contract. The purchase card order limitation shall be $25,000. With respect to ordering authority, only designated Ordering Officers may use the purchase card as a means of purchasing items on this contract.

Credit limits for the purchase card for ordering officers is $25,000. These credit limits for the purchase card are the responsibility of the credit card holder and the approving office.

The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.

Invoices for orders placed by the ordering officer will be submitted directly to the ordering officer, and progress payments will still be authorized if applicable, the same as would be authorized for Task Order issued on the Form 1155.

When using the purchase card as the payment method, the contractor is required to generate a receiving report in Wide Area Work Flow (WAWF), and the Government acceptor is required to accept the receiving report in WAWF. These reports are mandatory in order to ensure compliance with the Prompt Payment Act requirements for written acceptance. Use of WAWF to create and accept receiving reports is mandatory when the GPC is used as a method of payment against a contract. In order to ensure proper routing of contract transactions paid with the GPC, use the code "CRCARD" in the Pay Official/DoDAAC field. The contractor is required to generate a receiving report in WAWF, and the Government acceptor is required to accept the receiving report in WAWF. The Cardholder is required to verify that acceptance has occurred in WAWF prior to submitting the invoice to the Certifying Official for certification.

ATTACHMENTS: All referenced documents for this solicitation are available at the Government Point of Entry at https://beta.sam.gov Potential bidders are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

Attachments listed below will be incorporated into the resultant contract.

W911SA20B2001 Attachment 1 AT OPSEC W911SA20B2001 Attachment 2 Specifications W911SA20B2001 Attachment 3 Technical Exhibit 1 W911SA20B2001 Attachment 4 Wage Determination W911SA20B2001 Attachment 5 Seed Project Bid Schedule W911SA20B2001 Attachment 6 SF 24

EVALUATION OF BIDS

BASIS OF AWARD

This requirement shall be awarded utilizing Sealed Bidding Procedures in accordance with Federal Acquisition Regulation (FAR) Part 14, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Award will be made with reasonable promptness to the responsible bidder submitting the lowest responsive bid in accordance with requirements and provisions herein.

EVALUATION CRITERIA

The Government will evaluate bids received in response to this solicitation solely on the basis of price and price related factors.

a. Evaluations will be conducted on the Unit Price and the Total Amount of the base year and each option year/period.

b. RESPONSIVENESS OF BID. For a bid to be determined responsive and considered for award, the bid must comply in all material respects with the invitation for bids. Such compliance enables bidders to stand on an equal footing, and maintain integrity of the sealed bidding system (Subpart 14.301).

In order to be considered responsive the Bidder:

· Properly signed SF 1442, with Original Signature

· Acknowledgement (if any) of all Material Amendments,

· Shall not qualify the terms and conditions of the solicitation in the submitted bid

· Shall comply with the instructions of the solicitation.

· A Bid Bond/Guarantee is required and shall be provided in the amount of twenty percent (20%) of the bid price or $3 Million whichever is less. (Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee)

· Shall submit a complete sealed bid package prior to the cutoff for receipt of bids

Non-Responsive bids will not be considered for contract award.

INCREASED QUANTITIES

There is a reasonable expectation that the option quantities will be exercised during the 5 year performance period. There will be a limit on quantities of 30% of the value of the full award. The Government would incur undue expenditures if required to solicit for this additional quantity. The contractor will not incur undue risks as it is anticipated that the market prices for the materials and labor will not fluctuate substantially during the five year period. A notice will be given prior to the expiration of the contract exercising this option. The total value exercised IAW FAR 52.217-6 shall not exceed 30% of the value of the total award.

In accordance with FAR 52.217-6, should the need for additional quantities arise the Government may exercise it its right to increase quantities in accordance with 52.217-6 (see 700 section). The schedule being used at the time of exercising of the option will dictate the unit price to be used under the clause, in other words if the option for increased during option period three the unit prices in option period price schedule will be used.

INSTRUCTIONS TO BIDDERS

1. BID SUBMISSION

a. Bid shall be submitted prior to offeror due date and time as identified on the Standard Form 1442 Block 13, to the following address:

Mission and Installation Contracting Command (MICC) – Ft. McCoy ATTN: Michelle Harvey 1108 South R Street Fort McCoy, WI 54656

b. Bid shall be submitted in a sealed envelope with the following information on the outside: Solicitation Number, Contract Specialist Name, Date and Time of Bid Opening, and bidders name and address. Please do not count the shipping/mailing envelope/box as your sealed envelope. Shipment packaging shall be able to be removed and still maintain the integrity of the sealed bid package.

c. Bids MUST be submitted via mail or hand carried to the MICC – Ft. McCoy Office to be received and time stamped prior to the due date and time listed on the Standard Form 1442 Block 13. Bids received after this date and time, or bids received via fax or email will be considered ineligible for award.

d. The bidder’s failure to include information required by this solicitation may result in the bid submission being found non-responsive and may therefore be ineligible for award.

2. BID PREPARATION INSTRUCTIONS

a. The bidder’s documentation specified below will constitute the Bidder's acceptance of the terms and conditions of the IFB, proposed contract type, and concurrence with the Specifications and other applicable documents.

b. All referenced documents for this solicitation are available at the Government Point of Entry at http://www.fedbizopps.gov. Potential bidders are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

c. The bidder shall provide one (1) hard copy and one (1) electronic copy of all submission requirements. Electronic copy shall be submitted on a CD-ROM. The documents may be in Microsoft Word, PowerPoint, Excel and/or Adobe PDF format.

3. SUBMISSON OF OFFER CONTENT

The Bid Package shall be organized as follows:

TAB A - Standard Form 1442, Solicitation Offer and Award. The Contractor shall acknowledge any amendments to the IFB in accordance with the instructions on the SF 1442. The bidder shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your submission and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

TAB B – Bid Bond/ Guarantee. This tab shall include the bid bond.

Only the Awardee will be required to provide Performance and Payment (P&P) Bonds, as is stated in this solicitation, P&P Bonds are not required to accompany the contractors bid.

BASE YEAR CONCRETE CRUSHING

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CRUSH CONCRETE AT FORT MCCOY, WI IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011407173

PSC CD: Z2QA

NET AMT

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CRUSH CONCRETE AT FORT MCCOY, WI IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CRUSH CONCRETE AT FORT MCCOY, WI IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CRUSH CONCRETE AT FORT MCCOY, WI IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

FFP

PROVIDE ALL PARTS, LABOR, TOOLS, EQUIPMENT, MATERIALS, TRANSPORTATION, AND SUPERVISION NECESSARY TO CRUSH CONCRETE AT FORT MCCOY, WI IN ACCORDANCE WITH THE SPECIFICATIONS, DRAWINGS, AND CONTRACT DOCUMENTS.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

26-MAR-2021

FORT MCCOY

2171 8TH AVE SOUTH

FORT MCCY WI 54656

FOB: Destination

W81TMH

26-MAR-2022

W81TMH

26-MAR-2023

W81TMH

26-MAR-2024

W81TMH

26-MAR-2025

W81TMH

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single award, firm fixed price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Fort McCoy, Monroe County, Wisconsin.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Construction Contracting Officer 1108 South R Street Fort McCoy, WI 54656

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- 10:00 AM CST, 15 January 2020

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of provision)

Section 00600 - Representations & Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUN 2019)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

X (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

X (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within 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 the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. 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 located in the SAM database.

Section 00700 - Contract Clauses