W9127N19Q0019_-_Combined_Synopsis-Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

W9127N19Q0019

WILLAMETTE VALLEY GROUNDS MAINTENANCE SERVICES

LINN AND LANE COUNTIES, OREGON

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Request for Quotation W9127N19Q0019 is for grounds maintenance services on land the U.S. Army Corps of Engineers administers in Linn and Lane Counties, Oregon.

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2019-01.

This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 561730 - Landscaping Services, with a small business size standard of $7.5 million. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov to be eligible for award. Lack of SAM registration will make an offeror ineligible for award. The Portland District Contracting Office Small Business Specialist is Ms. Carol McIntyre and can be reached at 503-808-4602.

The government request quotes for the following services (See Performance Work Statement for more details):

ITEM

NO

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 Willamette Valley Project Grounds Maintenance Services

6 Month $____________ $____________

Willamette Valley Project Grounds Maintenance Services. Perform Mowing, Edging and Trimming, and Invasive/Noxious Weed grounds maintenance services in accordance with the requirements and frequencies of the attached Performance Work Statement at Cottage Grove, Dorena, Dexter, Lookout Point, Fern Ridge, Foster, and Green Peter. All federal, state, and local regulations shall be followed. See Appendices A-Z for site maps.

FFP

FOB: Destination

(Option)

Willamette Valley Project Grounds Maintenance Services

6 Month $____________ $____________

Willamette Valley Project Grounds Maintenance Services. Perform Mowing, Edging and Trimming, and Invasive/Noxious Weed grounds maintenance services in accordance with the requirements and frequencies of the attached Performance Work Statement at Cottage Grove, Dorena, Dexter, Lookout Point, Fern Ridge, Foster, and Green Peter. All federal, state, and local regulations shall be followed. See Appendices A-Z for site maps.

http://www.sam.gov/

Willamette Valley Project Grounds Maintenance Services

6 Month $____________ $____________

Willamette Valley Project Grounds Maintenance Services. Perform Mowing, Edging and Trimming, and Invasive/Noxious Weed grounds maintenance services in accordance with the requirements and frequencies of the attached Performance Work Statement at Cottage Grove, Dorena, Dexter, Lookout Point, Fern Ridge, Foster, and Green Peter. All federal, state, and local regulations shall be followed. See Appendices A-Z for site maps.

Willamette Valley Project Grounds Maintenance Services

6 Month $____________ $____________

Willamette Valley Project Grounds Maintenance Services. Perform Mowing, Edging and Trimming, and Invasive/Noxious Weed grounds maintenance services in accordance with the requirements and frequencies of the attached Performance Work Statement at Cottage Grove, Dorena, Dexter, Lookout Point, Fern Ridge, Foster, and Green Peter. All federal, state, and local regulations shall be followed. See Appendices A-Z for site maps.

Willamette Valley Project Grounds Maintenance Services

6 Month $____________ $____________

Willamette Valley Project Grounds Maintenance Services. Perform Mowing, Edging and Trimming, and Invasive/Noxious Weed grounds maintenance services in accordance with the requirements and frequencies of the attached Performance Work Statement at Cottage Grove, Dorena, Dexter, Lookout Point, Fern Ridge, Foster, and Green Peter. All federal, state, and local regulations shall be followed. See Appendices A-Z for site maps.

TOTAL PROPOSED PRICE FOR BASE PERIOD $___________________

TOTAL PROPOSED PRICE FOR OPTION PERIOD 1 $___________________

TOTAL PROPOSED PRICE FOR OPTION PERIOD 2 $___________________

TOTAL PROPOSED PRICE FOR OPTION PERIOD 3 $___________________

TOTAL PROPOSED PRICE FOR OPTION PERIOD 4 $___________________

TOTAL PROPOSED PRICE $___________________

The Period of Performance for the base period is from 15 April through 30 September 2019. The period of performance for each of the subsequent optional periods is from 1 April through 30 September of the respective calendar year the option period is exercised.

Supplies/ Services will be inspected/accepted at:

Table 2.

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government

2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Provisions 52.212-1, Instructions to Offerors – Commercial, 52.212-2, Evaluation -- Commercial Items, and 52.212- 4, Contract Terms and Conditions -- Commercial Items apply to this acquisition along with any listed addenda to the provisions.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For offerors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS – ADDENDUM

Quotes shall include the following:

1. Company Name: _______________________________________________________________

2. Address / Telephone No.: ________________________________________________________

3. Cage Code (or DUNS, both from SAM): ____________________________________________

4. Point of Contact – Name, Phone, Email: ____________________________________________

5. Quote – Enter the information on the price schedule provided on pages 1-2.

6. Evaluation submittals per 52.212-2 (below)

Quote Submissions: Quotes are due no later than 29 March 2019 at 2:00 PM Pacific. Offerors are responsible for verifying receipt of their quotes to this office before offer due date and time.

Quotes shall be emailed to: robert.j.mcpherren@usace.army.mil and ryan.s.shoemaker2@usace.army.mil

Or submitted electronically through the FedBizOpps (FBO.gov) system. The requirements and procedures for offer submission are found in the FBO Vendor User Guide located on the FBO webpage at:

https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf.

The electronic proposal shall be in Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader. Offerors should enter a description for every file uploaded. For files over 10 megabytes (MB) the "Large Upload (JAVA)" button must be used. The combined file size limit for upload using "Large Upload (JAVA)" is 100MB. If needed, the offeror can break single files over 100MB into smaller files or use the upload utility multiple times if files exceed the 100MB size limit.

Once the offeror's quote is submitted, it can be systematically revised prior to the solicitation response deadline.

Refer to Paragraph 4.3.2 of the FBO Vendor Guide titled "Reviewing / Editing an Electric Response" for detailed guidance on completing a revision to an electronic proposal submission. Note: the FBO bid response system will send an email to the email address on file for the user confirming the electronic submission. Note: the offeror must be logged into the system to be able to submit / revise electronic responses.

mailto:robert.j.mcpherren@usace.army.mil mailto:ryan.s.shoemaker2@usace.army.mil https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf

For assistance and troubleshooting for the FBO electronic bid response system, contact the Federal Service Desk (FSD.gov). Phone: 866-606-8820 or Web Form (https://gsafsd.service-now.com/fsd-gov/login.do).

Do not assume submission will be instantaneous. File size and number of files to be uploaded will be factors to consider. Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e. offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in this combined synopsis/solicitation.

To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus-free.

Proposals, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

For questions regarding this RFQ please contact:

Robert McPherren at robert.j.mcpherren@usace.army.mil and Ryan Shoemaker at ryan.s.shoemaker2@usace.army.mil.

Upon award and satisfactory completion of delivery and performance, payment will be made through:

CEFC-G2invoices@usace.army.mil

With an electronic copy submitted to a POC to be specified at the time of award.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. EXPERIENCE

2. PRICE

(b) Factor 1 – Experience: Using the Offeror’s Experience Form, 52.212-2 ATTACHMENT - OFFEROR’S EXPERIENCE FORM,* the offeror shall submit information for a maximum of three (3) projects that demonstrates the offeror’s experience performing mowing activities covering at least 50 acres, edging and trimming, and removing invasive/noxious species.

To be evaluated, each project must have been completed or substantially complete within five years of the date that quotes are due. “Substantially complete” is defined as having completed more than 75% of the project work at the time of proposal submission. If an offeror submits a project that it represents as “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

A maximum of three projects will be evaluated. If an offeror disregards these instructions and submits more than three projects, only the first three projects will be evaluated. Offerors should describe each project with enough detail to ensure that the Government can meaningfully assess whether the projects submitted meet the minimum evaluation criteria outlined below.

Evaluation criteria: Experience will be rated on an “acceptable” or “unacceptable” basis.

Acceptable: To be determined “acceptable,” the offeror’s proposal must demonstrate that the offeror has all of the following experiences:

https://gsafsd.service-now.com/fsd-gov/login.do mailto:robert.j.mcpherren@usace.army.mil mailto:ryan.s.shoemaker2@usace.army.mil mailto:CEFC-G2invoices@usace.army.mil

(1) Mowing activities covering at least 50 acres;

(2) Edging and trimming; and

(3) Removing invasive/noxious species.

NOTE: An offeror may demonstrate its experience in all three of the above areas through either one project or a combination of projects submitted.

Unacceptable: The offeror’s proposal fails to meet the acceptability criteria outlined above.

Table 1. TECHNICAL Acceptable/Unacceptable RATINGS

RATING DESCRIPTION

Acceptable

Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable

Proposal does not clearly meet the minimum requirements of the solicitation.

*An Offeror may submit their experience on a form other than that provided, and may be considered responsive, as long as all the narrative contains all information required within the 52.212-2 ATTACHMENT - OFFEROR’S

EXPERIENCE FORM.

(c) Factor 2 – Price: It is the Government’s intention to award to the offeror whose quote receives an “ACCEPTABLE” rating for Factor 1 – Experience and whose quote has the lowest total evaluated price.

The Government may determine a quote is unacceptable if the prices quoted are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A quote may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Evaluation of Option to Extend Services. As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the Offeror's final option period price to the Offeror's total price. Therefore, the Offeror's total evaluated price will include the prices for the base period, first option period, second option period, third option period, fourth option period, plus one-half of the fourth option period price.

(d) The Government will evaluate offerors past performance information through various methods (e.g. CPARS, FAPIIS, SPRS (formerly PPIRS) etc.) to determine eligibility for award as part of contractor responsibility. Past performance is not being considered as a formal evaluation factor. Offerors are not required to provide past performance as part of their offer.

(e) The offeror's quote should provide sufficient detail to demonstrate it conforms to the specifications outlined.

Conformance to the specifications will be evaluated to determine suitability for award.

(f) 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)

CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) FAR 52.204-22 Alternative Line Item Proposal (Jan 2017) FAR 52.212-1 Instructions to Offerors- Commercial Items (Oct 2018) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) FAR 52.219-6 (DEV) Notice of Total Small Business Set-Aside (Deviation 2019-O0003) (Dec 2018) FAR 52.219-14 (DEV) Limitations on Subcontracting (Deviation 2019-O0003) (Dec 2018) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.247-27 Contract Not Affected by Oral Agreement (Apr 1984) FAR 52.247-34 F.O.B. Destination (Nov 1991) FAR 52.253-1 Computer Generated Forms (Jan 1991) DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section

847 of Pub. L. 110-181).

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015) DFARS 252.215-7008 Only One Offer (Oct 2013) DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep

2014) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7012 Preference for Certain Domestic Commodities (Dec 2017) DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (Jun 2011) DFARS 252.225-7048 Export-Controlled Items (Jun 2013) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS – ALT I

(OCT 2014)

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;

https://www.sam.gov/

(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) 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.

“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 http://www.sam.gov/ name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

____ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs 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.:

(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

(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

(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—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the…