Combo_SynopsisSolicitation_19-Q-0049.pdf

DEPARTMENT OF THE ARMY

SACRAMENTO DISTRICT, CORPS OF ENGINEERS

1325 J STREET

SACRAMENTO, CALIFORNIA 95814-2922

15 August 2019

REPLY TO

ATTENTION OF:

Thomas Tran Contracting Division

SUBJECT: Request for Quote – Large Woody Material Placement at Yuba River, Yuba County, CA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13.5 and additional information included in this notice. USACE Sacramento intends to award a Firm Fixed Price Purchase Order with a Base and (3) Option Years in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being set aside 100% for Small Business.

General Information

RFQ Number: W91238-19-Q-0049

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

North American Industry Classification Code (NAICS): 238990 Size Standard: $15 Million

Set-aside 100% for Small Business

Quotes are due September 16, 2019 at 11:00am PT to Thomas.T.Tran@usace.army.mil

SITE VISIT

12896 Englebright Dam Road Smartsville, CA 95977

All Attendees shall submit the adjacent info to Thomas.T.Tran@usace.army.mil no later than 3:00pm PT August 23, 2019

Tuesday August 27, 2019 9:00am PT

-Company Name -Name of Attendee -Position of Attendee -Attendee Phone Number

Questions: All vendor questions shall be submitted to Thomas.T.Tran@usace.army.mil NLT 11:00am PT September 4, 2019.

mailto:Thomas.T.Tran@usace.army.mil

Base Year PRICING SCHEDULE Quantity

Unit Price UOM

Total Cost

CLIN Description

Base Year – Large Woody Material Placement (LWM)

FFP

The purpose of this project is to load and transport Large Woody Material (LWM) from New Bullards Bar (NBB) or a location identified by the Park Manager in the Yuba River Watershed and transported to the placement locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS).

0001AA

Load and Haul LWM

FFP

The LWM will be loaded at New Bullard’s Bar (NBB) or a location identified by the Park Manager (PM) in the Yuba River Watershed and transported to the placement locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards. Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

0001AB

Placement of LWM

FFP

The LWM will be placed in locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards.

Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

0001AC

Option

Optional Clearing Access Road

FFP

The contractor shall clear the access road from the Forest Service road down to the loading site to provide for equipment access. Minimum 1 to Maximum 5,000 cubic yards in accordance with (IAW) the Performance Work Statement (PWS).

If Required, this task is to be completed within two (2) days of the Period of Performance start date. 1 Lot

0001AD

Option

Optional Restoration of Access Road

FFP

Access road to the loading site shall be returned to pre-work conditions with the exception of the vegetation removed-water bars reconstructed, metal pipe placed across road etc.

Work to be performed in accordance with (IAW) the Performance Work Statement (PWS). 1 Lot

0001AE

Option

Optional Restoration of Forest Road

FFP

The Contractor shall grade and repair the Forest Service road to remove any ruts or other road damage caused by this project IAW the PWS. 1 Lot

0001AF

Accident Prevention Plan

FFP

An APP will be submitted within 5 days of notice of award.

Plan will be prepared in accordance with the most recent edition of EM 385-1-1 in the formats provided in Appendix A. 1 EA

TOTAL BASE TASKS:

Year 1 PRICING SCHEDULE Quantity

Unit Price UOM

Total Cost

CLIN Description

Option Year 1 – Large Woody Material Placement (LWM)

FFP

The purpose of this project is to load and transport Large Woody Material (LWM) from New Bullards Bar (NBB) or a location identified by the Park Manager in the Yuba River Watershed and transported to the placement locations along

1001AA

Load and Haul LWM

FFP

The LWM will be loaded at New Bullard’s Bar (NBB) or a location identified by the Park Manager (PM) in the Yuba River Watershed and transported to the placement locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards. Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

1001AB

Option

Placement of LWM

FFP

The LWM will be placed in locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards.

Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

1001AC

Option

Optional Clearing Access Road

FFP

The contractor shall clear the access road from the Forest Service road down to the loading site to provide for equipment access. Minimum 1 to Maximum 5,000 cubic yards in accordance with (IAW) the Performance Work Statement (PWS).

If Required, this task is to be completed within two (2) days of the Period of Performance start date. 1 Lot

1001AD

Optional Restoration of Access Road

FFP

Access road to the loading site shall be returned to pre-work conditions with the exception of the vegetation removed-water bars reconstructed, metal pipe placed across road etc.

Work to be performed in accordance with (IAW) the Performance Work Statement (PWS). 1 Lot

1001AE

Option

Optional Restoration of Forest Road

FFP

The Contractor shall grade and repair the Forest Service road to remove any ruts or other road damage caused by this project IAW the PWS. 1 Lot

Year 2 PRICING SCHEDULE Quantity

Unit Price UOM

Total Cost

CLIN Description

Option

Option Year 2 – Large Woody Material Placement (LWM)

FFP

The purpose of this project is to load and transport Large Woody Material (LWM) from New Bullards Bar (NBB) or a location identified by the Park Manager in the Yuba River Watershed and transported to the placement locations along

2001AA

Load and Haul LWM

FFP

The LWM will be loaded at New Bullard’s Bar (NBB) or a location identified by the Park Manager (PM) in the Yuba River Watershed and transported to the placement locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards. Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

2001AB

Placement of LWM

FFP

The LWM will be placed in locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards.

Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

2001AC

Option

Optional Clearing Access Road

FFP

The contractor shall clear the access road from the Forest Service road down to the loading site to provide for equipment access. Minimum 1 to Maximum 5,000 cubic yards in accordance with (IAW) the Performance Work Statement (PWS).

If Required, this task is to be completed within two (2) days of the Period of Performance start date. 1 Lot

2001AD

Option

Optional Restoration of Access Road

FFP

Access road to the loading site shall be returned to pre-work conditions with the exception of the vegetation removed-water bars reconstructed, metal pipe placed across road etc.

Work to be performed in accordance with (IAW) the Performance Work Statement (PWS). 1 Lot

2001AE

Option

Optional Restoration of Forest Road

FFP

The Contractor shall grade and repair the Forest Service road to remove any ruts or other road damage caused by this

Year 3 PRICING SCHEDULE Quantity

Unit Price UOM

Total Cost

CLIN Description

Option Year 3 – Large Woody Material Placement (LWM)

FFP

The purpose of this project is to load and transport Large Woody Material (LWM) from New Bullards Bar (NBB) or a location identified by the Park Manager in the Yuba River Watershed and transported to the placement locations along

3001AA

Load and Haul LWM

FFP

The LWM will be loaded at New Bullard’s Bar (NBB) or a location identified by the Park Manager (PM) in the Yuba River Watershed and transported to the placement locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards. Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

3001AB

Option

Placement of LWM

FFP

The LWM will be placed in locations along the Lower Yuba River in accordance with (IAW) the Performance Work Statement (PWS). Minimum 1 to Maximum 430 Cubic Yards.

Contractor to invoice for actual Cubic Yards transported, not to exceed 430 without prior approval from the Contracting Officer. 430

Cubic Yard

3001AC

Option

Optional Clearing Access Road

FFP

The contractor shall clear the access road from the Forest Service road down to the loading site to provide for equipment access. Minimum 1 to Maximum 5,000 cubic yards in accordance with (IAW) the Performance Work Statement (PWS).

If Required, this task is to be completed within two (2) days of the Period of Performance start date. 1 Lot

3001AD

Optional Restoration of Access Road

FFP

Access road to the loading site shall be returned to pre-work conditions with the exception of the vegetation removed-water bars reconstructed, metal pipe placed across road etc.

Work to be performed in accordance with (IAW) the Performance Work Statement (PWS). 1 Lot

3001AE

Option

Optional Restoration of Forest Road

FFP

The Contractor shall grade and repair the Forest Service road to remove any ruts or other road damage caused by this

Grand Total

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

Offeror’s Business Information:

Business Name: _______________________________ Authorized Agent’s Signature/Date

DUNS Number/Cage Code: ______________________

Tax ID Number: _______________________________

Business Size (select one): Large Small

Wage Determination No.: 2015-5659 Revision No.: 7 Date of Revision: 12/26/2018

This document can be viewed at:

http://www.wdol.gov/sca.aspx

Please see further instructions for quote submission under Provision 52.212-1 on page 9 of this document.

http://www.wdol.gov/sca.aspx

Documents necessary for quote submission are as follows:

1. Completed and signed Page 2-8 of this document (Pricing sheet)

2. Cost breakdown sheets (if further breakdown is available).

3. Completed FAR Clause 52.212-3

4. Past Performance References

PERFORMANCE WORK STATEMENT

27 JUN 2019

SUBJECT: Contract Proposal for Large Woody Material Loading, Hauling and Placement.

1.0. PROJECT DATA:

1.1. U.S. Army Corps of Engineers

Project Manager/COR: Doug Grothe

U.S. Army Corps of Engineers, Sacramento District Attention: CESPK-ODN-E Englebright Lake P.O. Box 6, 12896 Englebright Dam Road Smartsville, CA 95977-0006 Phone Number: (530) 432- 6427 Fax Number: (530) 432-6418 Email: Doug.Grothe@usace.army.mil

1.2. U.S. Army Corps of Engineers

Environmental Protection SP: Timothy Warner

U.S. Army Corps of Engineers, Sacramento District Attention: CESPK-ODM-T 1325 J Street Sacramento CA 95814 Phone Number: (916) 557-5279 Email: Timothy.J.Warner@usace.army.mil

2.0. GENERAL INFORMATION:

This project is being performed as a requirement of a Biological Opinion issued by the National Marine Fisheries Service (NMFS). The actual work to be done each year is dependent upon the need for Large Woody Material (LWM) in the lower Yuba River, the supply of LWM available, and receipt of funding. The purpose of this project is to load mailto:Doug.Grothe@usace.army.mil and transport LWM that has been stockpiled at New Bullard’s Bar (NBB) reservoir and place the LWM at specified locations along the Yuba River. In the event no LWM or an inadequate supply of LWM is collected at New Bullard’s Bar (NBB), an alternative site will be identified by the Park Manager and discussed with the contractor. Road options may be exercised that year. Options will be exercised at the discretion of the Park Manager.

The LWM will be loaded from an area at NBB reservoir known as Garden Point or alternate work sites. The project area where the LWM will be placed is located along the left bank of the lower Yuba River downstream from the HWY 20 bridge (see attached Maps).

3.0. STATEMENT OF WORK:

In the event LWM is hauled from NBB, the Contractor shall clear the access road from the Forest Service road down to the loading site to provide for equipment access. A dozer or similar piece of equipment shall remain on site and available to assist the haul truck(s) out of the loading site if needed. The Contractor shall then load and transport the designated LWM. LWM will be marked clearly by USACE representatives prior to and during the loading process. Any material not marked will be re-stacked into piles and prepared for later burning. The loaded LWM will be transported to the placement location(s) along the lower Yuba River and placed as directed by the COR. Once all designated LWM has been loaded and transported, the access road to the loading site shall be returned to pre-work conditions with the exception of the vegetation removed – water bars reconstructed, metal pipe placed across road, etc. After the loading site and access road have been restored, the Forest Service road will be graded and repaired to remove any ruts or other road damage. If any significant rutting or damage occurs on the access road, load site or in the riverbed as the result of work activities, the Contractor shall return the surfaces to the original, pre-work condition.

4.0. EQUIPMENT:

Equipment must be in good operating condition and not leak fuel or oil. If the equipment leaks or has not been properly cleaned, work will not be allowed to proceed until the deficiencies are corrected. The LWM shall be transported by truck to the designated drop site. The transport trucks shall place the loads as directed by the COR. All environmental permitting requirements will be the responsibility of the Corps.

5.0. TASKS:

The following tasks are to be performed in support of this effort:

0001AA – LOAD and HAUL LWM:

The Contractor shall load and haul LWM to site location along the Lower Yuba River.

The Park Manager will identify the site locations.

0001AB – PLACEMENT OF LWM:

The Contractor shall use equipment to place LWM in a complex arrangement.

0001AC- OPTIONAL CLEAR ACCESS ROAD AND PREPARE LOADING SITE.

If required, the Contractor shall clear the access road to the work site. See Section 3- Statement of Work.

0001AD – OPTIONAL RESTORATION OF ACCESS ROAD:

The Contractor shall return the access road to pre-work conditions with the exception of the vegetation removed – water bars reconstructed, metal pipe placed across road, etc.

0001AE - OPTIONAL RESTORATION OF FOREST ROAD:

The Contractor shall grade and repair the Forest Service road to remove any ruts or other road damage caused by this project.

0001AF- ACCIDENT PREVENTION PROGRAM (Base Year Only):

Within five (5) calendar days after contract award, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer Representative (COR) for review and acceptance. Before initiation of work, a site specific Accident Prevention Plan (APP) with appropriate appendices written in English by the Prime Contractor for the specific work and hazards of the contract, and implementing in detail the pertinent requirements of the most recent edition of EM 385-1-1 will be reviewed and found acceptable by the COR. APPs shall be developed and submitted by the Contractor in the formats provided in Appendix A of the most recent edition of EM 385-1-1. The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A, EM 385-1- 1 in the order they are provided in the Manual. If by the nature of the work an item is not applicable, the Contractor will so state and provide a justification for why that element/sub-element is not applicable. The APP will be developed by qualified personnel and will be signed in accordance with Appendix A.1, EM 385-1- 1. The Contractor shall be responsible for documenting the qualified person’s credentials. The Contractor’s APP will be job-specific and will include work to be performed by subcontractors and measures to be taken by the Contractor to control hazards associated with materials, services, or equipment provided by suppliers.

6.0. INVOICES AND CONTRACT PAYMENTS:

Invoices for payment shall be submitted upon completion of tasks as outlined in the negotiated Payment Schedule of this contract. Invoices shall be submitted to:

USAED, FINANCE CENTER

ATTN: CEFC-FP

5722 Integrity Drive Millington, TN 38054-5005

One copy of each invoice WITH all required information including any necessary supporting documentation to:

USAED, Sacramento District

ATTN: CESPK-ODN-E

Englebright Lake P.O. Box 6 Smartsville, CA 95977-0006

7.0. PERIOD OF PERFORMANCE:

The period of performance will be from October 01 through December 31. The access road will be cleared from October 01 – October 15. The LWM will be loaded and hauled from October 15 – November 15. The roads will be restored from November 30 – December 31.

8.0. CONTRACT PAYMENTS:

The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made as indicated in the contract Payment Schedule, not on percentage of completion. Deliverables as defined in the Payment Schedule of the contract must be accepted by the Government before payment will be made.

9.0. AUTHORITIES:

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 Contractor will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR, appointment letters from previous contracts at this installation are not valid for this contract.

Placement Map

HWY 20, Parks Bar Bridge

New Truck Road

Marysville Grass Valley

NBB Forrest Service road and Load and Haul Map

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT

BY

ACCEPT AT ACCEPT

BY

N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP DATE OF

AWARD TO

30-SEP-2020

N/A ENGLEBRIGHT LAKE

DOUG GROTHE

P.O. BOX 6

12896 ENGLEBRIGHT DAM RD

SMARTSVILLE, CA 95977

530-432-6427 FOB: Destination

XXXXXX

POP 1-OCT-2020

TO 30-SEP-2021

N/A (SAME AS PREVIOUS

LOCATION)

FOB: Destination

POP 1-OCT-2021

TO 30-SEP-2022

N/A (SAME AS PREVIOUS

LOCATION)

FOB: Destination

POP 1-OCT-2022

TO 30-SEP-2023

N/A (SAME AS PREVIOUS

LOCATION)

FOB: Destination

CLAUSES INCORPORATED BY FULL TEXT

REQUIRED INSURANCE

(a) As required by the Contract Clause entitled "Insurance—Work on a Government Installation", the Contractor shall furnish to the Contracting Officer, prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph b of the aforementioned Contract Clause.

(1) Workmen's Compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer's Liability Insurance – $100,000.00

(3) Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury — $500,000 per occurrence

(4) Comprehensive Automobile Insurance –

Bodily Injury — $200,000 each person $500,000 each accident

Property Damage — $ 20,000 each accident

(b) Certificates of insurance should be submitted to the following address:

Department of the Army Sacramento District, U.S. Army Corps of Engineers ATTN: TBD, Contracting Specialist 1325 J Street Sacramento, CA 95814-2922

(End of clause)

List of Attached Documents, Exhibits or Other Documents

ATTACHMENT

TITLE DATE # OF

PAGES

1 Safety Exposure Report, CESPD Form 94- R

1 FEB

1991 1

2 Monthly Safety Meeting Minutes FEB 2018 1 3 Activity Hazard Analysis 2018 1 4 Map of Service Area JAN 2018 3 5 Repair / Word Request JAN 2018 1

ATTACHMENT 1

SAFETY EXPOSURE REPORT

ATTACHMENT 2

MONTHLY SAFETY MEETING MINUTES

CONTRACTOR:

DATE: ________________ TOPIC: __________________________________

SUMMARY:

CORRECTIVE ACTIONS REQUIRED (IF ANY):

Feb 2018

ATTACHMENT 3

ACTIVITY HAZARD ANALYSIS

Date Prepared

Date Revised

Revision No.

Project

Analysis prepared by:

Reviewed by:

Accepted by:

Doug Grothe Park Manager

Activity

Hazard

Recommended Controls

Activity

1. 1.1. 1.

1.2 1.3

2. 2.1 2.2 2.3

3. 3.1 3.2 3.3

4. 4.1 4.2 4.3

5. 5.1 5.2 5.3

Attachment 4

Placement Map

Yuba Pass Campground LOAD AND HAUL MAP

ATTACHMENT 5

Repair/Work Request

Jan 2018

Date: Name:

Specific item that needs to be repaired:

Physical Location:

Repair/Work Request Details:

Priority: □ 1: Deferrable, low priority

□ 2: Normal, for effective operation

□ 3: Urgent, to stop eventual loss

□ 4: Critical, to stop immediate loss

Reason for Priority:

Clauses included in this combined solicitation/synopsis are not all inclusive. Clauses included on any ensuing award may include all or some of the below clauses. Contractor’s should assume that all of the below clauses are applicable to this acquisition. Additional clauses may also be added at the discretion of the contracting officer upon award

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

(IAW FAR 12.301(b)(1))

OCT 2015

Addendum to 52.212-1:

Paragraph (b), entitled “Submission of Offers,’:

Offers may be submitted via electronic mail only. Submit signed and dated offer at or before 11:00AM PT, September 16, 2019. All offers must be sent via electronic mail all documents must be scanned in .pdf (Acrobat) format and emailed to Thomas.T.Tran@usace.army.mil.

Offerors shall submit, at a minimum, the following documents with quotes/offers:

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

2. Cost breakdown sheets (if further breakdown is available).

3. Completed FAR Clause 52.212-3

4. Past Performance References

Paragraph (c), entitled ‘Period for Acceptance of Offers’:

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

52.212-2 EVALUATION-COMMERCIAL ITEMS

(IAW FAR 12.301(c)(1))

OCT 2014

Addendum to 52.212-2:

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 factor shall be used to evaluate offers:

(ii) Price

52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

(IAW FAR 12.301(b)(2)

NOV 2015

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual mailto:Thomas.T.Tran@usace.army.mil representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

http://www.acquisition.gov/

“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 (p) 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 https://www.acquisition.gov/ 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.