W911WN-16-T-3013.pdf

Combined Synopsis and Solicitation: W911WN-16-T-3013

Grounds Maintenance Services, USACE Pittsburgh Engineer Warehouse and Repair Shops (PEWARS) and West View Locations

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format set forth in Federal Acquisition Regulation Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number is W911WN-16-T-3013. It is issued as a request for quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88.

The NAICS Code for this acquisition is 561730, Landscaping Services. The Small Business Size Standard for this NAICS Code is $7.5 M. This requirement is 100% Set-Aside for Small Business concerns. Any resultant contract shall be Firm-Fixed Price, and one award is anticipated.

Offerors must be registered in the System for Award Management (SAM) in order to be awarded a contract. The SAM registration process may be accessed at the following link: https://www.sam.gov

In the event that you provide the low quote, please be advised your registration in the System for Award Management (SAM) must be current / active. Registration is FREE to all vendors. PLEASE ensure your annual SAM registration is current. If it has expired, or will expire soon, PLEASE START THE RENEWAL PROCESS TODAY if you intend to submit a quote.

Offers are due by 20 June 2016, 11:00 AM Eastern Time. Offers will be accepted via email to lrp.contracting@usace.army.mil; or via parcel delivery at: U.S. Army Corps of Engineers, Pittsburgh District, Attn: Ryan Moore, W.S. Moorhead Federal Building, 1000 Liberty Avenue, Room 2203, Pittsburgh, PA 15222-4186; or via fax 412-395-7110. Offerors must reference this solicitation number in the subject line of the email or the return address of the parcel or the cover sheet of the fax.

https://www.sam.gov/ mailto:lrp.contracting@usace.army.mil

Page Intentionally Left Blank

W911WN-16-T-3013

CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 28 Each

PEWARS WEEKLY GRASS CUTTING & TRIMMING.

FFP

FOB: Destination

MILSTRIP: W81ET460634655

PURCHASE REQUEST NUMBER: W81ET460634655

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 7 Each

PEWARS MONTHLY GRASS CUTTING & TRIMMING.

FFP

FOB: Destination

MILSTRIP: W81ET460634655

PURCHASE REQUEST NUMBER: W81ET460634655

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 3 Each

PEWARS SHRUBBERY SHEARING.

FFP

FOB: Destination

MILSTRIP: W81ET460634655

0004 1 Each

PEWARS ANNUAL FERTILIZER & WEED CONTROL.

FFP

FOB: Destination

MILSTRIP: W81ET460634655

0005 14 Each

WEST VIEW TWICE PER MONTH GRASS CUTTING,

FFP

AREA "A"

FOB: Destination

PURCHASE REQUEST NUMBER: W81ET460644701

0006 1 Each

WEST VIEW ANNUAL WEED CONTROL,

FFP

ONCE PER YEAR

0007 7 Each

WEST VIEW MONTHLY GRASS CUTTING,

FFP

AREA "B"

0008 4 Each

WEST VIEW ON REQUEST GRASS CUTTING,

FFP

AREA "A"

1001 28 Each

OPTION PEWARS WEEKLY GRASS CUTTING & TRIMMING

FFP

1002 7 Each

OPTION PEWARS MONTHLY GRASS CUTTING & TRIMMING

1003 3 Each

OPTION PEWARS SHRUBBERY SHEARING

1004 1 Each

OPTION PEWARS ANNUAL FERTILIZER & WEED CONTROL

1005 14 Each

OPTION WEST VIEW TWICE PER MONTH GRASS CUTTING,

FFP

AREA "A"

1006 1 Each

OPTION WEST VIEW ANNUAL WEED CONTROL,

FFP

ONCE PER YEAR

1007 7 Each

OPTION WEST VIEW MONTHLY GRASS CUTTING,

FFP

AREA "B"

1008 4 Each

OPTION WEST VIEW ON REQUEST GRASS CUTTING,

FFP

2001 28 Each

OPTION PEWARS WEEKLY GRASS CUTTING & TRIMMING

2002 7 Each

OPTION PEWARS MONTHLY GRASS CUTTING & TRIMMING

2003 3 Each

OPTION PEWARS SHRUBBERY SHEARING

2004 1 Each

OPTION PEWARS ANNUAL FERTILIZER & WEED CONTROL

2005 14 Each

OPTION WEST VIEW TWICE PER MONTH GRASS CUTTING,

FFP

2006 1 Each

OPTION WEST VIEW ANNUAL WEED CONTROL,

FFP

2007 7 Each

OPTION WEST VIEW MONTHLY GRASS CUTTING,

FFP

2008 4 Each

OPTION WEST VIEW ON REQUEST GRASS CUTTING,

FFP

3001 28 Each

OPTION PEWARS WEEKLY GRASS CUTTING & TRIMMING

3002 7 Each

OPTION PEWARS MONTHLY GRASS CUTTING & TRIMMING

3003 3 Each

OPTION PEWARS SHRUBBERY SHEARING

3004 1 Each

OPTION PEWARS ANNUAL FERTILIZER & WEED CONTROL

3005 14 Each

OPTION WEST VIEW TWICE PER MONTH GRASS CUTTING,

FFP

3006 1 Each

OPTION WEST VIEW ANNUAL WEED CONTROL,

FFP

3007 7 Each

OPTION WEST VIEW MONTHLY GRASS CUTTING,

FFP

3008 4 Each

OPTION WEST VIEW ON REQUEST GRASS CUTTING,

FFP

4001 28 Each

OPTION PEWARS WEEKLY GRASS CUTTING & TRIMMING

4002 7 Each

OPTION PEWARS MONTHLY GRASS CUTTING & TRIMMING

4003 3 Each

OPTION PEWARS SHRUBBERY SHEARING

4004 1 Each

OPTION PEWARS ANNUAL FERTILIZER & WEED CONTROL

4005 14 Each

OPTION WEST VIEW TWICE PER MONTH GRASS CUTTING,

FFP

4006 1 Each

OPTION WEST VIEW ANNUAL WEED CONTROL,

FFP

4007 7 Each

OPTION WEST VIEW MONTHLY GRASS CUTTING,

FFP

4008 4 Each

OPTION WEST VIEW ON REQUEST GRASS CUTTING,

FFP

TOTALS

Base Period (Line Items 0001-0008) $___________________ Period of Performance: 1 June 2016 through 31 March 2017

Option Year 1 (Line Items 1001-1008) $_________________ Period of Performance: 1 April 2017 through 31 March 2018

Option Year 2 (Line Items 2001-2008) $_________________ Period of Performance: 1 April 2018 through 31 March 2019

Option Year 3 (Line Items 3001-3008) $_________________ Period of Performance: 1 April 2019 through 31 March 2020

Option Year 4 (Line Items 4001-4008) $_________________ Period of Performance: 1 April 2020 through 31 March 2021

Total, Base & 4 Option Years $________________________

SCOPE OF WORK

SCOPE OF WORK

1. PERIOD OF PERFORMANCE

The period of services is for one (1) base year with four (4) option years. The contract period of performance for the base year is from 1 June 2016 or the date of execution of the order (whichever is later) through 31 March 2017.

2. WORK TO BE PERFORMED

(a) The work to be performed under this contract consists of furnishing all labor, equipment, transportation, materials and supplies necessary for ground maintenance services at the following locations:

(1) U. S. Army Corps of Engineers, Pittsburgh Engineer Warehouse and Repair Shops (PEWARS), 3500 – 3900 Grand Avenue, Neville Island, PA 15225, per the two (2) attached sketches entitled “PEWARS-Kelly Lawn Maintenance” and “PEWARS Lawn Maintenance.”

(2) U.S. Army Corps of Engineers, Site, 100 Valley Hi Drive, West View PA 15229, per attached sketch entitled "West View Grass Cutting Zones".

(b) Maintenance services shall include the following (refer to attached sketches for locations):

(1) Weekly Grass Cutting and Trimming at PEWARS Site shall be performed on the areas designated with a Weekly Service Interval. Mowing and trimming in each area must be done in such a manner as to provide uniform grass height. All trash in the areas to be cut and along all fence lines shall be removed prior to grass cutting. Government trash receptacles are available at the site to dispose of the removed trash.

(2) Monthly Grass Cutting and Trimming at PEWARS Site shall be performed on the areas designated with a Monthly Service Interval. Note: the areas designated for Monthly Grass Cutting contain varying amounts of small and large gravel. Mowing and trimming in each area must be done in such a manner as to provide uniform grass height. All trash in the areas to be cut and along all fence lines shall be removed prior to grass cutting. Government trash receptacles are available at the site to dispose of the removed trash.

(3) Shrubbery at PEWARS Site shall be sheared 3 times per season (May, July, September). Ornamental plants depicted on the sketches around buildings, entrance gates and other landscaped areas shall be pruned. Plants shall be thinned to encourage bushier growth and remove dead and broken branches. The typical growth habit of individual plants shall be retained. Government trash receptacles are available at the site to dispose of the pruning waste.

(4) Apply fertilizer and weed control at PEWARS Site to all lawn areas once per season (April-May). The type and application rate of the fertilizer and weed control shall be submitted to the COR for approval prior to application.

(5) Twice Per Month Grass Cutting and Trimming at West View Site shall be performed on the areas designated as "A". Mowing and trimming in each area must be done in such a manner as to provide uniform grass height. All trash in the areas to be cut and along all fence lines shall be removed prior to grass cutting. Government trash receptacles are available at the site to dispose of the removed trash.

(6) Monthly Grass Cutting and Trimming at West View Site shall be performed on the areas designated as "B". Mowing and trimming in each area must be done in such a manner as to provide uniform grass height. All trash in the areas to be cut and along all fence lines shall be removed prior to grass cutting. Government trash receptacles are available at the site to dispose of the removed trash.

(7) Apply weed control at West View Site to all lawn areas once per season (April- May). The type and application rate of the fertilizer and weed control shall be submitted to the COR for approval prior to application.

(8) As Requested Grass Cutting and Trimming at West View Site shall be performed on the areas designated as "A". Mowing and trimming in each area must be done in such a manner as to provide uniform grass height. All trash in the areas to be cut and along all fence lines shall be removed prior to grass cutting. Government trash receptacles are available at the site to dispose of the removed trash. These As Requested Grass Cuttings and Trimmings on areas designated as "A" will be performed, as needed, during the high growth months (typically April – July).

3. SAFETY REQUIREMENTS

(a) The Contractors performing this work must wear the necessary protective footwear, hard hats safety, goggles, etc. as required by the US Army Corps of Engineers Safety & Health Requirements Manual, EM 385-1-1. The Contractor shall comply with all current provisions of the Occupational Safety and Health Act (OSHA) in addition to the requirements of the Corps of Engineers Manual, EM 385-1-1, "Safety and Health Requirements Manual" (see http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx) The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation. If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Contracting Officer may issue a stop work order for all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made subject to a claim for extension of time or for excess costs or damages to the Contractor. The Contractor will not be paid for work not performed as a result of the stop order.

(b) An Activity Hazardous Analysis shall be completed and reviewed by all personnel prior to the start of any work.

4. SITE VISIT

A site visit shall be made to the site prior to bidding. To arrange a site visit to examine the mowing areas prior to submitting proposals, contact Don Fogel at 412-395-7601 or Jim Williams at 412-395-7605 for the PEWARS Site and Dan Healy at 412-395-7269 or 412-660-2981 for the WEST VIEW Site.

5. LOCATION OF WORK

All work and services will be performed at:

U.S. Army Corps of Engineers Pittsburgh Engineer Warehouse and Repair Station 3500 - 3900 Grand Avenue Pittsburgh, PA 15225

And

U.S. Army Corps of Engineers 100 Valley Hi Drive West View PA 15229

6. WORK SCHEDULE

(a) For PEWARS AND WEST VIEW: The work shall be performed Monday through Friday between the hours of 6:30 a.m. and 4:00 p.m.; excluding Federal Holidays.

(b) For the WEST VIEW SITE ONLY: Service provider shall contact the project manager two (2) days prior to cutting to coordinate access to site. Contact project manager Dan Healy at 412-395- 7269 or 412-660-2981.

(c) The ten federal holidays are:

New Years Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

7. DAMAGE REPORTS

In all instances where Government property and/or equipment is damaged by Contractor employees, a full report of the incident and extent of such damage shall be submitted to the COR within two work days of occurrence.

8. DEFICIENCIES

(a) Re-performance. If any of the work performed does not conform to contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by re-performance, or cannot be corrected in the specified time frame, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes, but is not limited to, labor costs including benefits, transportation, and materials.

(b) Contract Deficiency Report (CDR) (DD2772). A CDR will be issued to the Contractor for any failure to perform (see Attachment 1). The CDR describes the deficiency or problem and will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response shall identify the cause and corrective action taken and identify corrective actions. The COR will evaluate the Contractor's response and record the corrective action to be taken, which may include deductions in payment. Upon finalization of the CDR, the Contractor and the COR shall sign the form and the Contractor will be given a copy of the completed form.

Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer will review all CDRs issued; CDRs will also become a part of the permanent contract file.

9. QUALITY ASSURANCE.

The Government will monitor the Contractor's performance in each functional area under this contract and reserves the right to use whatever additional surveillance procedures it deems appropriate. The Government will monitor performance to insure compliance using a Quality Assurance Surveillance Plan (QASP) but reserves the right to alter the plan at its own discretion.

The QASP is included as Attachment 2 for information purposes only. The Government reserves the right to change methods of inspection as deemed necessary.

10. DE-OBLIGATIONS

There may be occasions where all of the quantities authorized in the contract may not be required. Any excess quantities that are later identified and not actually delivered by the Contractor, will be removed and de-obligated by issuance of a bilateral modification to the contract by the Contracting Officer.

11. AT-OPSEC SECURITY REQUIREMENTS FOR PEWARS & WEST VIEW

LAWN MAINTENANCE

(a) AT LEVEL I TRAINING.

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

(b) ACCESS AND GENERAL PROTECTION AND SECURITY POLICY AND

PROCEDURES.

The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government Representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation the USACE Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. 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 contractor must submit the full name, Social Security Number, Date of Birth, and Place of Birth for all associated contractor or subcontractor employees to the USACE Security Specialist Paul M. Surace, 412-395-7162, paul.m.surace@usace.army.mil or Stephen Davidson, 412-395-7504, stephen.davidson@usace.army.mil. The District retains the right to deny any contractor and subcontractor employee from working on one of its contracts based on final background investigation results.

(c) SUSPICIOUS ACTIVITY REPORTING TRAINING.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

(d) ESCORT REQUIREMENTS:

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

(e) PRE-SCREEN CANDIDATES USING "E-VERIFY" PROGRAM:

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Discrepancy Report 27-APR-2016 Attachment 2 QUALITY

ASSURANCE

SURVEILLANCE PLAN

27-APR-2016

ADDENDUM TO BLOCK 18B

Payment will be made upon receipt of supplies and submission of a proper invoice to the address in Block 18a on page 1 with one copy to:

Mr. Jim Williams US Army Corps of Engineers PEWARS, Maintenance Branch 3500 Grand Avenue Pittsburgh, PA 15225-1584

And

Mr. Dan Healy US Army Corps of Engineers, Pittsburgh District 1000 Liberty Avenue, Room 2203 Pittsburgh, PA 15222-4186

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

CLAUSES INCORPORATED BY FULL TEXT

The following clauses are hereby included as an addendum to FAR 52.212-1, Instructions to Offerors—Commercial Items:

52.204-7 System for Award Management JUL 2013 52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.237-1 Site Visit APR 1984 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 252.209-7002 Disclosure Of Ownership Or Control By A Foreign

Government

JUN 2010

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(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 concern eligible under the WOSB Program.

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 the size standard in paragraph (b) of this provision.

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.

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 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) The North American Industry Classification System (NAICS) code for this acquisition is 561730.

(2) The small business size standard is $7.5 Million.

(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.

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [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.

(3) [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 women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(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.

(6) [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.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(8) [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)(8)(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) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2016

APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action 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 the 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,

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

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:

(1) Technical capability of the item offered to meet the Government requirement

(2) Price

(3) Past Performance (see FAR 15.304)

Technical and past performance, when combined, are considered equal, in determining the technical acceptability of the offerors. Of those offerors whom are determined technically acceptable and whom represents the overall lowest price (base and all option period(s) considered) will be the offeror eligible for the resultant award. Failure to meet one or more of the aforementioned criteria will render an offeror Unacceptable.

(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 (APR 2016)

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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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 (q) 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…