W911XK-17-T-0008_Clinton_River_Tree_Cutting.pdf

SEE ADDENDUM

(No Collect Calls)

W911XK-17-T-0008 24-Jan-2017

b. TELEPHONE NUMBER

313.226.2134

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Feb 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911XK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRUCE M WALRAD

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING BRANCH

USACE DETROIT DISTRICT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: (313) 226-6819 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

X

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

500 Employees

NAICS:

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

H7CT9BMW

Text Box 113310

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911XK-17-T-0008

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job

IGF::OT::IGF GALLOWAY CREEK SITE

FFP

CUT DELINEATED TREES AT INDICATED HEIGHTS AND LEAVE

FELLED MATERIALS IN PLACE AT THE GALLOWAY CREEK

WORKSITE, KATKE-COUSINS GOLF COURSE, OAKLAND UNIVERSITY,

ROCHESTER HILLS, MICHIGAN

FOB: Destination

NET AMT Enter price information in PRICE SCHEDULE, Page 4

0002 Job

IGF::OT::IGF PICNIC SITE

FFP

CUT DELINEATED TREES AT INDICATED HEIGHTS AND LEAVE

FELLED MATERIALS IN PLACE AT THE CLINTON RIVER PICNIC SITE IN

SHELBY TOWNSHIP, MICHIGAN

0003 Job

IGF::OT::IGF FRISBEE SITE

FFP

CUT DELINEATED TREES AT INDICATED HEIGHTS AND LEAVE

FELLED MATERIALS IN PLACE AT THE CLINTON RIVER FRISBEE SITE

IN SHELBY TOWNSHIP, MICHIGAN

0004 Job

IGF::OT::IGF ST. LAWRENCE CEMETERY SITE

FFP

CUT DELINEATED TREES AT INDICATED HEIGHTS AND LEAVE

FELLED MATERIALS IN PLACE AT THE CLINTON RIVER ST.

LAWRENCE CEMETERY SITE IN SHELBY TOWNSHIP, MICHIGAN

PRICE SCHEDULE

Item Description Qty Unit Line Price

0001 Galloway Creek Work Site 1 Job

0002 Clinton River Picnic Work Site 1 Job

0003 Clinton River Frisbee Work Site 1 Job

0004 Clinton River St. Lawrence Cemetery Work Site 1 Job

TOTAL FOR ALL ITEMS

INSTRUCTIONS TO OFFERORS

1. The offeror is instructed to complete each line and entry in the PRICE SCHEDULE and to add the item lines to calculate the total price for the requested services, which shall be used as the basis for the consideration, evaluation, comparison, and award of this procurement.

2. The Government intends to award a contract for the requested services to the offeror who submits the lowest-priced, technically acceptable offer, provided that the offeror is determined to be responsive, capable, and responsible, and that such offeror is otherwise eligible to receive awards of federal contracts.

3. All offerors are reminded to complete and submit with your quote all FAR and DFARS Provisions related to Representations and Certifications.

4. Offerors shall complete and submit any additional full text certifications that are included in the solicitation.

An offeror may also complete the certifications at https://www.sam.gov in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFARS certifications contained in the solicitation have been completed on line.

5. All offerors shall be registered at https://www.sam.gov with the NAICS code that is shown on the front page of the SF1449 in Block 10 prior to submission of the quote.

6. Remember to sign the 1449 before submitting your response to the solicitation.

7. Submit the offer with any and all accompanying attachments via e-mail. Include the following text in the subject line “W911XK-17-T-0008 Clinton River Tree Cutting” Submit offers to the following two addresses:

LRE-Quotes@usace.army.mil and Bruce.M.Walrad@usace.army.mil.

8. Questions regarding this solicitation should be directed to the U.S. Army Corps of Engineers primary point of contact for this procurement, Contract Specialist Mr. Bruce Walrad, at Email: Bruce.M.Walrad@usace.army.mil, Telephone: (313) 226-2134. Responses that relate to errors or ambiguities in the scope of work or contract requirements will be posted as part of the solicitation at the Federal Business Opportunities website, www.fbo.gov.

NOTE: Failure to comply with the above instructions may result in an offeror not being eligible for award.

SITE VISIT

An organized site visit will be conducted on February 2, 2017 for the purpose of allowing prospective contractors to physically inspect and determine the characteristics at each of the four project work sites. Note that the site visit will require walking over uneven surfaces in areas that may potentially be frozen, damp, or covered with snow at the time of the visit. Participants should wear appropriate clothing and footwear. Hardhats and safety glasses will not be required, and the Government will not provide protective equipment or clothing for use by contractors.

The site visit will commence with a sign-in and brief orientation at 10:00 a.m. Eastern Time at the following location:

Katke-Cousins Golf Course Parking Lot P53 (adjacent to the Shotwell-Gustafson Pavilion) 429 Golf View Lane Rochester Hills, Michigan 48309

From Parking Lot P53, participants will be escorted in their own vehicles to the Galloway Creek project work area.

The visit to the Galloway Creek work area will involve a combination of driving over unpaved roads and walking.

After visiting the Galloway Creek work site, participants will return to the meeting location and then drive in their own vehicles sequentially to the Shelby Township Frisbee Site, Shelby Township Picnic Site, and Shelby Township St. Lawrence Cemetery Site. At each stop, the Government’s representative will ensure access, and contractors will be given the opportunity to park and walk through the respective work area. It is anticipated that the site visit activity will take several hours, including travel between the work sites.

Participation in the Site Visit is strongly encouraged but is not mandatory. Note that the Government representatives who conduct the site visit activity will not be allowed to respond to questions related to the Scope of Work or contractual issues. Such questions must be submitted in writing to the Corps of Engineers Contracting Branch as indicated in the Instructions to Offerors section, above.

SCOPE OF WORK

TREE CUTTING AND TOPPING AT CLINTON RIVER RESTORATION SITES

1. LOCATION:

This contract involves work at four (4) distinct project sites located in the Clinton River Watershed in Southeast Michigan. See the following attached figures for the general and specific locations of the project work areas, access roads, and limits of work:

a. Figure 1: Overall location map for sites requiring tree cutting and/or topping

b. Figure 2: Galloway Creek at Katke-Cousins Golf, Oakland University, Rochester Hills, MI 48309,

c. Figure 2a: Oakland University Campus Map,

d. Figure 3: Shelby Picnic Site, River Bends Park, Shelby Township, MI 48317,

e. Figure 4: Shelby Frisbee Site, River Bends Park, Shelby Township, MI 48317,

f. Figure 5: St. Lawrence Cemetery, Utica, MI 48317, and

g. Figure 6: Location Map for Shelby Picnic, Shelby Frisbee and St. Lawrence Cemetery

Sites.

2. REQUIRED COMPLETION DATE: All work must be completed no later than March 31, 2017.

3. DAY/TIME RESTRICTIONS: The Contractor shall coordinate proposed work days with the U.S. Army Corps of Engineers (USACE) technical point of contact (POC) and provide notice of intent to start a minimum of three (3) business days prior to commencing work. Allowable work hours are from dawn to dusk. Approval is required from USACE prior to any work occurring on Saturdays or Sundays. Tree cutting activities shall be suspended during funeral services at the St. Lawrence Cemetery site. There is typically a 2 day notice of upcoming funerals.

4. DESCRIPTION OF WORK:

a. Provide all labor, equipment, and materials, management and supervision to cut trees to grade (approximately 12” stump height) within identified areas at each site, to top field-marked trees to a height of 8 feet above grade, and to avoid (not cut at all) certain trees. The clearing limit (a tree or stake located outside the cut area, aka a protected tree) will be marked with red/orange survey flagging tape by others prior to work beginning.

b. For trees to be topped, remove all tree limbs between the ground surface and 8 feet above grade.

Make cuts as close as possible to trunk or parent limb without cutting into branch collar or leaving a protruding stub. Trees to be topped will be marked with green survey flagging tape by others prior to work beginning.

c. Select trees NOT to be cut will be marked with double red survey flagging tape by others prior to work beginning.

d. All trees should be cut in a manner where they fall toward the work area/area to be cleared. All debris (trunks, branches, etc.) shall be left in place, except for material that falls into the river, on existing pathways/roads, or outside the cutting areas. Material falling into the river shall be removed and placed on the bank (see minimum set back from water edge below) within the area being cleared.

Material falling outside the cutting areas or on pathways/ roads shall be relocated back within the cutting areas. Downed logs and branches may be cut into smaller pieces as necessary to complete the work while leaving a safe, orderly worksite. Any other debris and/or trash produced during work shall be removed from the site and properly disposed. The contractor shall be responsible for any damage to properties.

e. The work area for this contract varies by site as indicated below.

1) Galloway Creek: The tree cutting area includes approximately 50 feet on each side of a newly proposed channel for Galloway Creek within the proposed ecosystem restoration project area (approx. 575 trees over a 1.5 mile stretch, (Figure 2). The tree cutting area will be delineated in the field by others prior to cutting. Unless marked, all trees greater than 3 inches in diameter at breast height (dbh) shall be cut to grade. Any trees to be avoided and trees to be topped at 8 feet above grade (approx. 25 trees, dbh ranging from 8 to 24 inches) will be marked distinctively by others prior to cutting. All topped trees should be live without any slumping bark. All stumps, trunks, and vegetation cut shall be left in place, with exception of any materials that may fall in the creek or within the golf course fairways/maintained areas – this material shall be removed from creek and/or maintained golf course areas and placed within the area being cleared.

2) Picnic Site: The tree cutting area includes approximately 30 feet extending from the bank of the Clinton River landward (one side of the river only), along approximately 400 linear feet of stream (approx. 0.28 acres) (Figure 3). The tree cutting area will be delineated in the field by others prior to cutting. Unless marked, all trees greater than 3 inches in dbh shall be cut to grade. Trees to be avoided (uncut at all) within the work area will be marked distinctively by others prior to cutting. All stumps, trunks, and vegetation cut shall be left in place, with exception of any materials that fall into the river or on the existing pathway/road – this material shall be removed and placed on the bank (10 foot minimum set back from water edge) within the area being cleared. In wetland areas, only trees within 30 feet of the river shall be removed and no equipment should enter wetlands except in designated tree cutting areas. A fire pit with seating, small monument and creek outlet into the river (see Figure 3) shall be avoided.

3) Frisbee Site: The tree cutting area includes approximately 30 feet extending from the bank of the Clinton River landward (one side of the river only) at two nearby locations totaling approximately 130 linear feet (approx. 0.09 acres), and at the proposed access road (Figure 4). The tree cutting area will be delineated in the field by others prior to cutting. Unless marked, all trees greater than 3 inches in dbh shall be cut to grade. Any trees to be avoided (uncut at all) within the work area will be marked distinctively by others prior to cutting. All stumps, trunks, and vegetation cut shall be left in place, with exception of any materials that fall into the river, maintained park areas, or pathways/roads – this material shall be removed and placed on the bank (10 foot minimum set back from water edge) within the area(s) being cleared. In wetland areas, only trees within 30 feet of the river shall be removed and no equipment should enter wetlands except in designated tree cutting areas. Frisbee golf course equipment in the vicinity (see Figure 4) shall be avoided.

4) St. Lawrence Cemetery Site: The tree cutting area includes approximately 0.95 acres along approximate 350 linear feet of the Clinton River (one side of the river only) and at the proposed access road (Figure 5). The bulk of the cutting area is vegetated and portions are on a sloped grade, with some areas being very steep. The tree cutting area will be delineated in the field by others prior to cutting. Unless marked, all trees greater than 3 inches in dbh (approx. 150 trees) shall be cut to grade. Trees to be topped at 8 feet above grade (approx. 45 trees, dbh ranging from 12 to 24 inches) will be marked distinctively by others prior to cutting. All stumps, trunks, and vegetation cut shall be left in place. This material shall be removed and placed on the bank (5 foot minimum set back from water edge) within the area being cleared. Staging areas shall be confined to the rear of the property, away from the headstone area. Extreme care shall be taken accessing the project site through the headstone area of the cemetery.

5. REMAINING VEGETATION: Vegetation outside the designated tree cutting areas shall be left in place.

Vegetation within the tree cutting areas consisting of trees smaller than 3 inches in diameter, brush, and weeds may be left in place unless it requires removal in order to access trees to be cut. All wetland areas shall be avoided unless tree removal is specified.

6. SITE ACCESS: With exception of specified work, the contractor shall be responsible for leaving the site and site access roads in the same condition as found at the start of the project. The contractor shall assume that construction of access roads is not necessary. The contractor will be able to drive their vehicle close to the work areas.

a. Galloway Creek: Tree cutting shall occur in wooded areas at the Katke-Cousins Golf Course located on the Oakland University property. Access must be coordinated in advance with the University via USACE technical POC. The University will provide guidance on a route to access the trees to be cut.

Access includes a mix of gravel road, asphalt cart paths and unpaved access routes to the work area.

b. Picnic Site: The entrance to this site is located on the east side of Ryan Road and south side of the river, 0.32 miles south of 22 Mile Road. Access includes a gravel road that runs along the river to the picnic pavilion area where tree cutting is to occur. Access must be coordinated in advance with the USACE technical POC and the gate can be unlocked.

c. Frisbee Site: The entrance to this site is located on the south side of 22 Mile Road, 0.25 miles west of Shelby Road. There is a mix of asphalt, gravel and unpaved access routes to the river where tree cutting is to occur. Access must be coordinated in advance with the USACE technical POC.

d. St. Lawrence Cemetery Site: The entrance to this site is located on the east side of Auburn Road, between W Utica Road and the intersection of Mound Road and Auburn Road. The access road is a low traffic asphalt road through the headstone area of the cemetery. From the back of the cemetery to the river, access is via a grass field. Access must be coordinated in advance with the USACE technical POC to ensure no tree cutting activities occur during funeral services.

7. SAFETY: The Contractor shall ensure that all activities of the Contractor and/or their sub-contractors meet or exceed the USACE Safety and Health Requirements Manual EM 385-1-1 dated 15 September 2014 and any applicable OSHA regulations. The EM 385-1-1 is available electronically from USACE at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf .

8. POINTS OF CONTACT: The USACE technical point of contact for this contract is:

Mr. Adam Virga, 313-226-1315, Email: Adam.J.Virga@usace.army.mil

ALTERNATE:

Mr. Phil Mlinarich, 313-806-6731, Email: Philip.M.Mlinarich@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.225-7036 Alt I Buy American--Free Trade Agreement--Balance of Payments Program--

Alternate I (Aug 2016)

AUG 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2016)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 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 located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

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

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

“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 (s) 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…