W9123819Q0028_-_Combined_Synopsis_Solicitation_-_Solar_Panels_for_Hensley_Lake.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT

1325 J STREET

SACRAMENTO CA 95814-2922

April 23, 2019

USACE-SPK-CT-BB Combined Synopsis/Solicitation

SUBJECT: Request for Quote, Solar Panels Installation, Hensley Lake, CA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items, as supplemented with FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items and additional information included in this notice. USACE Sacramento District intends to award a Firm, Fixed-Price Purchase Order in response to this solicitation. This announcement constitutes the only solicitation; Quotes are requested and a written solicitation will not be issued. This requirement is set-aside 100% for Small Business.

General Information

Request for Quotation Number: W9123819Q0028

Request for Quote (RFQ) Х Request for Proposal (RFP)

Invitation for Bid

North American Industry Classification Code (NAICS): 238210

Size Standard: $15,000,000

Set-Aside 100% for Small Business Quotes are due May 23, 2019 at 10:00 am

PDT via email to krista.o’connor@usace.army.mil

Site Visit information: May 14, 2019 at Hensley Lake. We will meet at 10:00 am PDT

All parties interested in attending the site visit shall submit the following no later than Noon on Monday, May 13, 2019 to Krista O’Connor via email above.

Business Name: ________________________________________________________

Unique Identification Code:____________________ CAGE Code: ________________ Business Size (select one): Large Small

QUOTE/PRICING SCHEDULE

Line Item Information:

Line Item Description of Service Quantity Unit of

Issue Unit Price Extended

Price 0001 Accident Prevention Plan 1 EA 0002 Pre-Screen personnel using E-Verify

Program

0003 Pre Work Meeting 1 EA 0004 Ground-mounted photovoltaic system

The Contractor shall provide a system capable of producing 85,000 kWh annually. The Contractor shall include The Contractor shall provide all, labor, supplies, tools and materials required in accordance with the Performance Work Statement dated 23 April 2019.

1 Job

0005 Surrounding Fencing. 9-gauge chain link (6 foot high) fence, with posts concreted in the ground, topped with 3 strands of barbed wire with one an access gate (topped with 3 strands of barbed wire).

1 Job

Grand Total

Please provide overhead and profit percentage rates.

Quotes/offers shall be valid for 60 days from the offer due date.

Business Name: ________________________________________________________

Unique Identification Number: ________________________________________

CAGE Code: ________________Tax ID Number: _____________________________

Business Size (select one): Large Small

Authorized Agent’s Name, Signature and Date

Hensley Lake Ground-Mounted Photovoltaic Solar System

Performance Work Statement 22 April 2019

Provide and install a ground-mounted photovoltaic system capable of producing approximately 85,000 kWh annually at Hidden View Recreation Area, Hensley Lake, located at 25207 Road 407, Raymond, CA. This solar system shall provide electricity needed to operate the Hidden View Campground, water treatment plant, fee booth and all other facilities within the Hidden View Recreation Area. The goal for this system is to add a renewable energy source to a highly used recreation area to improve energy efficiency.

1. GENERAL:

1.1. Period of Performance: This contract is a one-time contracting action for the installation of a ground-mounted photovoltaic solar system with a period of performance that shall be completed within 30 days of contract award.

1.2. Authorities/Technical Direction - The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contracting Officer Representative (CORs) is limited to the authority specified in the COR appointment letter. When the COR is appointed under this purchase order, he or she will be appointed by written letter from the Contracting Officer to the COR specific to this contract only. COR appointment letters from pervious contracts at this installation are not valid for this contract.

1.3. Contracting Officer Representative (COR) – The Park Manager is the designated COR.

1.4. Payment - Payment shall be made in arrears at the contract line item price for quantities delivered in accordance with the pricing schedule and as described herein.

Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement (PWS). All invoices shall reflect the contract number. The final invoice shall be marked “FINAL.” Copies of all invoices shall be provided to the following:

An original invoice WITHOUT additional information or supporting documentation shall be mailed to:

U.S. Army Corps of Engineers Finance Center

ATTN: CEFC-A

5722 Integrity Drive Millington, TN 38054-5005

A copy of each invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be mailed to the following individuals:

U.S. Army Corps of Engineers – Hensley Lake Attn: Park Manager

CESPK-ODS-H

P.O. Box 85 Raymond, CA 93653-0085

U.S. Army Corps of Engineers, Sacramento District Attn: CESPK-CT-BB 1325 J Street Sacramento, CA 95814-2922

1.5 The Contractor shall furnish all labor, materials, equipment, transportation and supplies necessary to fulfill the terms and conditions stated in this contract. The Contractor shall be responsible for all costs related to installation of the ground-mounted photovoltaic solar system. All work, materials and equipment shall be subject to the control and approval of the Contracting Officer’s Representative (COR).

1.6 Site Access & Security Procedures

1.6.1 Contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative, as NCIC and TSDB are available.

1.6.2 The Contractor shall pre-screen personnel using the E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor shall 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 personnel shall be provided to the COR no later than 3 business days after the contract award.

1.7 Site Inspection

1.7.1 Prior to submitting quotes, Offerors are urged to inspect the job site to observe conditions that may affect contract cost. A site inspection is scheduled for Tuesday, May 14, 2019 at 10:00 am PDT.

1.7.2 In no event will failure to inspect the site constitute grounds for the withdrawal of a quote or for a claim after the award of the contract. (FAR 52.237-1)

1.8 Pre-Work Meeting

1.8.1 At least ten (10) days prior to commencement of work, the Contractor shall contact the COR to schedule a pre-work meeting. This meeting will be held at the Hensley Lake Park Headquarters, located at 25207 Road 407, Raymond, CA 93653.

1.8.2 During the pre-work meeting, the Contractor shall provide the COR with the following for approval:

1.8.2.1 The Contractor shall submit an Accident Prevention Plan (APP) as required by EM 385-1-1, Safety and Health Requirements Manual.

1.8.2.2 The Contractor shall provide copies of Safety Data Sheets (SDS) for all chemical products to be used by the Contractor or their employees during the execution of this contract.

1.8.2.3 Uniform and Personal Protection Equipment (PPE).

1.8.2.4 Insurance: The Contractor shall procure and maintain insurance for any and all employees during the entire period of his/her performance under this contract and in accordance with FAR 52.228-5, Insurance - Work on a Government Installation.

a. Workmen’s Compensation and Employers’ Liability Insurance.

b. Workmen’s Compensation and Occupational Disease Coverage in accordance with statutory limits.

c. Employers’ Liability coverage with a minimum limit of $100,000.

d. Comprehensive Automobile Liability Insurance: Bodily Injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence.

e. Property Damage Coverage with a minimum limit of $20,000 per occurrence.

1.8.2.5 Contractor Vehicle Identification: All Contractor vehicles shall be identified with the company name or logo conspicuously displayed on door panels. Professionally made magnetic signs or pressure sensitive decals may be used to comply with this specification.

2. SCOPE OF WORK:

The Contractor shall provide and install a ground-mounted photovoltaic system capable of producing approximately 85,000 kWh annually at Hidden View Recreation Area, Hensley Lake. The site address is:

Hensley Lake 25207 Road 407 Raymond, CA 93653

2.1. Equipment / Installation

2.1.1. The Contractor shall provide and install a ground-mounted photovoltaic system capable of producing approximately 85,000 kWh annually.

2.1.2. The photovoltaic system shall provide power to all facilities located at

Hidden View Recreation Area.

2.1.3. The Contractor shall provide installation, hardware, interconnection with utility company, rebate acquisition (rebates to the U.S. Army Corps of Engineers), permits, as-built drawing of system installation and a ten (10) year system warranty.

2.1.4. The photovoltaic system shall be mounted on metal posts set in concrete in line with typical industry standards and have an automated cleaning system.

2.1.5. The ground-mounted photovoltaic system shall be surrounded by a 9-gauge chain link (6 foot high) fence, with posts concreted in the ground, topped with 3 strands of barbed wire with one an access gate (topped with 3 strands of barbed wire).

2.1.6. The designated location of the photovoltaic system and surrounding fence shall be approved by the COR. A preferred location for the system and surrounding fence is attached, please see Appendix A.

2.2. Safety

2.2.1 The Contractor shall submit the APP to the USACE Project Safety Officer within 10 days of award. The Government will review the documents within 10 days. The Contractor shall resubmit the documents, with any requested changes, within 5 days of request.

2.2.2 The Contractor’s APP and subsequent activities shall comply with the following referenced documents (most current version, if different than the date referenced), at a minimum:

a. EM 385-1-1, USACE Safety & Health Requirements Manual, EM 385-1-1, 30 November 2014 Edition:

http://www.publications.usace.army.mil/Portals/76/Publications/Engineer Manuals/EM_385-1-1.pdf?ver=2015-04-09-142531-467

b. Title 29 Code of Federal Regulations (CFR) 1910, Occupational Safety and Health Standards.

c. 29 CFR 1926, Safety and Health Regulations for Construction.

d. 29 CFR 1926.65/29 CFR1910.120, Hazardous Waste Operations and Emergency Response.

e. USACE, Safety and Occupational Health Document Requirements for Hazardous, Toxic and Radioactive Waste (HTRW) Activities, ER 385- 1-92 (1 July 2003).

f. NIOSH/OSHA/USCG/EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Activities (October 1985).

g. American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005).

h. Title 8 California Code of Regulations (CCR) Chapter 4 Subchapter 4, Construction Safety Orders.

i. 8 CCR Chapter 4 Subchapter 7, General Industry Safety Orders.

j. 8 CCR Sections 3203 & 1509, Injury and Illness Prevention Program.

k. American Conference of Governmental Industrial Hygienists (ACGIH®), TLVs® and BELs®, Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices (2005)

l. OSHA ancillary safety and health regulations governing certain aspects for this award include:

m. Respiratory Protection (29 CFR 1910.134/8 CCR Section 5144)

n. Occupational Noise Exposure (29 CFR 1910.95/8 CCR Sections 5095-5100)

o. Hazard Communication (29 CFR 1910.1200/29 CFR 1926.59/8 CCR Section 5194)

p. The Control of Hazardous Energy (Lockout/Tag-out) (29 CFR 1910.147)

q. Proposition 65 (22 CCR Section 12000) Chemicals Known to the State of California to Cause Cancer or Reproductive Toxicity

Appendix A

The area outlined in red at Hidden View Recreation Area, Hensley Lake is the preferred solar system install location. The yellow box designates the location of the current electrical panel.

On-the-ground photo of preferred install location.

Existing electrical panel (location is outlined in yellow on first map)

Attachment A

PERFORMANCE REQUIREMENTS SUMMARY

AND

QUALITY ASSURANCE SURVEILLANCE PLAN

1. The purpose of this attachment is to:

a. List the contract requirements considered most critical to acceptable contract performance.

b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that will be allowed by the Government before contract performance is considered unsatisfactory.

c. Define the procedure the Government shall use in reducing the Contractor’s monthly payment if satisfactory performance is not rendered.

2. The Government’s quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. weekly, monthly, quarterly, semi-annually, annually) as applicable.

3. The criteria for acceptable and unacceptable performance are as follows:

a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

b. If the quality of work does not comply with the contract requirements, the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report

(CDR).

c. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor shall not be paid for services not rendered in accordance with the standards set for in this contract.

d. If the level of performance is deemed unacceptable to the Government concurrent with two unsatisfactory ratings, payment shall be reduced for unsatisfactory performance by the percentage as shown in the chart below:

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

PHOTOVOLTAIC SOLAR SYSTEM INSTALL

Quality Assurance Surveillance Plan: The QASP will consist of periodic inspections conducted by the COR or his/her designee. A surveillance report shall be prepared by the KO and forwarded to the Contractor. The Contractor shall respond to any complaints and/or ratings of poor performance within five (5) calendar days, after receipt of the report.

(1) OBJECTIVE: Pre-Work

Performance Standard Acceptable Quality Level (AQL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Obtain acceptance from the Contracting Officer’s Representative on all Pre-Work Submittals and attend the pre-work meeting, as outlined in the

PWS.

100% Completion

Scheduled Inspection. Upon completion of submittals and pre-work meeting, but not later than 10 days after award.

Disincentive: Delay of contract start date for failing to meet AQL.

Performance Evaluations.

Incentive: Proceed timely.

Remedy: The Contractor shall develop a plan for completion and approval of the APP.

Continuous review until performance is satisfactory.

(2) OBJECTIVE: Provide & Install Solar System

Performance Standard Acceptable Quality Level (AQL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Provide and install solar system as per specification outlined in PWS Sections 2.1. The Contractor shall provide the solar system specified in Section 2.1 and provide installation services 97% of the time with no outstanding or uncorrectable issues discovered during quality assurance inspections in order to meet or exceed the AQL.

97% required at the AQL

Random and scheduled quality assurance inspections by the COR.

Disincentive: Invoice deduction for failing to meet the AQL.

Incentive: Full payment of invoice.

Remedy: The Contractor shall complete a plan for re-performing to the performance standard, at no additional cost to the Government. Continuous review until performance is satisfactory.

(3) OBJECTIVE: Provide interconnection with utility company, rebate, as-built drawings & 10-year system warranty in accordance with the Performance Work Statement.

Performance Standard Acceptable Quality Level (AQL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Provide interconnection with utility company, rebates, permits, as-built drawings of system installation and ten (10) year system warranty per specifications outlined in PWS Section 2.1 and subsequent subsections.

100% Completion

Scheduled Inspection.

Upon completion of solar system install.

Disincentive: Invoice deduction for failing to meet the AQL.

Incentive: Full payment of invoice.

Remedy: The Contractor shall complete a plan for re-performing to the performance standard, at no additional cost to the Government. Continuous

(4) OBJECTIVE: Provide and Install Security Fencing

Performance Standard Acceptable Quality Level (AQL)

Method and Frequency of Inspection

Disincentive, Incentive & Remedy

Provide and install security fencing around the installed solar system as per specification outlined in PWS Sections 2.1. The Contractor shall provide the solar system specified in Section 2.1 and subsequent subsections.

100% Completion

Scheduled Inspection.

Upon completion of solar system install.

Disincentive: Invoice deduction for failing to meet the AQL.

Incentive: Full payment of invoice.

Remedy: The Contractor shall complete a plan for re-performing to the performance standard, at no additional cost to the Government. Continuous

Clauses included in this combined synopsis/solicitation are not all inclusive. Clauses include on any ensuing award may include all or some of the below clauses. Offeror’s should assume that all of the following clauses are applicable to this acquisition.

Additional clauses may also be added at the discretion of the Contracting Officer.

SOLICITATION PROVISIONS

52.204-7 System for Award Management Oct 2018 52-212-1 Instructions to Offerors – Commercial Items Oct 2018 52.237-1 Site Visit Apr 1984

52-212-1 Instruction to Offerors – Commercial Items (Oct 2018) (In accordance with FAR 12.301 (b)(1))

Addendum to 52.212-1:

Paragraph (b), Submission of offers.

Offers will ONLY be accepted via electronic mail (email). Submit signed and dated offer at or before 10:00 am, PDT, May 28, 2019. All offerors must be registered in the System for Award Management (www.sam.gov); All offers must be sent via email with all documents in pdf (Adobe Acrobat) format and emailed to Krista.O’Connor@usace.army.mil.

Documents necessary for quote submission are as follows:

1. Completed and signed Page 2 of this document (Pricing sheet)

2. Price breakdown sheets including overhead and profit percentage rates (if further breakdown is available).

3. Past Performance References.

Paragraph (c), Period for acceptance of offers:

Offerors agree to hold the offered prices firm for a minimum of 60 calendar days from the date specified for receipt of offers.

52.212-2 Evaluation – Commercial Items (Oct 2014) (In accordance with FAR 12.301(c))

(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:

(i) Technical capability to meet the Government requirement;

(ii) Past performance

(iii) Price

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

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

(End of Provision)

52.212-3 Offeror Representations and Certifications – Commercial Items (Oct 2018) (In accordance with FAR 12.301 (b)(2))

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

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

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

“Forced or indentured child labor” means all work or service—

(6) 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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

(4) Consists 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 affiliate(s), that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

and

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

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

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

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

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

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

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

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

__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

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

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

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

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

Other End Products

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

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

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

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

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

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

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

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

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.

§362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(…