A.02.01_Combined_Synopsis_Solicitation18Q0020.pdf

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineer, Little Rock District Contracting Division

700 W. Capitol Avenue Room 7315 Little Rock, AR 72201

W9127S18Q0020

COMBINED SERVICES---

PARK ATTENDANT

CLEANUP AND SOLID WASTE REMOVAL

MOWING AND TRIMMING

WILLOW BEACH PARK

DAVID D. TERRY DAM SITE EAST RIVER ACCESS

DAVID D. TERRY WEST PARK

Submitted by

Offeror Name:

Offeror Address:

Street

City/State

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

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

Solicitation No. W9127S18Q0020 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business. The NAICS Code 561210 and the applicable size standard is $38,500,000.00.

A list of contract line item number(s) and items, quantities and units of measure:

Please see attached quote schedule beginning on page 4.

Description of requirements for the items to be acquired: This combined services contract is to provide Gate Attendant Services, Cleanup and Solid Waste Removal Services and Mowing and Trimming Services in parks and facilities located in the Pine Bluff Project Office area. Willow Beach Park requires Gate Attendant Services which will provide visitor assistance to users by checking in campers, making reservation, providing information, cleaning facilities as needed and providing surveillance. Facilities requiring Cleanup and Solid Waste Disposal Services and Mowing and Trimming Services are Willow Beach Park, David D.

Terry Dam Site East River Access and David D. Terry West Park. These services shall require work to include but not be limited to inspection, policing of grounds, mowing and trimming, cleanup and solid waste removal and Gate Attendant Services. The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, transportation, and vehicles, except as otherwise provided for herein, necessary to assure that all services are performed in accordance with the contract specifications, maps, drawings, attachments, appendices, exhibits, applicable laws, regulations, codes and directives.

Date(s) and place(s) of delivery/acceptance and FOB point:

Base Year – Date of Award through 28 February 2019.

Option Year 1 - 1 March 2019 through 29 February 2020.

Option Year 2 – 1 March 2021 through 28 February 2021.

The work to be performed under this contract will be performed at parks and facilities located in the responsibility of the US Army Corps of Engineers, Pine Bluff Project Office area.

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the pricing schedules beginning on page 4.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1472_202066

The provision at 52.212-2, Evaluation -- Commercial Items, shall be incorporated in this solicitation. Award shall be made to the offeror that represents the lowest priced quote of those determined to be technically acceptable after evaluation based on the factors contained in the solicitation.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

A site visit is scheduled for:

Wednesday, February 21, 2018 at 10:00 A.M. CST at 4305 Charles W. Wooden Road Pine Bluff, AR 71601 Contact John Brady at 501-340-1286 for site visit questions.

Quotes are due on Thursday, March 1, 2018 at 10:00 am CST. Email submission of quotations are preferred in pdf form, however FAX or Mail submissions are allowed.

Required Documents to Submit

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions and Clauses, as applicable

3. Signed Amendments (if applicable)

4. Factors 1 – 4 Submission Requirements

FAX: 501-324-5137

EMAIL: bettye.l.mahoney@usace.army.mil

If sending by mail. Please submit your quotes to the following address:

US Army Corps of Engineers Attn: Bettye Lou Mahoney 700 W. Capitol Avenue Room 7315 Little Rock, AR 72201

If you have any questions regarding this solicitation, please contact Bettye Lou Mahoney at 501-340-1056 or submit an email to:

bettye.l.mahoney@usace.army.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1533_213837 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1547_215689 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1845_256368 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2045_297176 mailto:bettye.l.mahoney@usace.army.mil mailto:bettye.l.mahoney@usace.army.mil

BID SCHEDULE

BASIC PERIOD

Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 March 2018 through 28 February 2019.

ITEM DESCRIPTION ESTIMATED UNIT UNIT ESTIMATED

QUANTITY PRICE AMOUNT

PARK ATTENDANT SERVICES

0001 Willow Beach Park (Summer) 210 DAY X = (01 Mar. 2018 - 31 Oct. 2018) Service Performed 6 days per week.

0002 Willow Beach Park (Winter) 69 DAY X = (01 Nov. 2018 - 28 Feb. 2019) Service Performed 4 days per week.

0003 CLEANUP & SOLID WASTE DISPOSAL SERVICES

0004 Willow Beach Park, David D. Terry Dam Site East River 111 EA X = Access (Summer) (01 Mar. 2018 - 31 Oct. 2018)

David D. Terry Dam Site 6 West Park (Summer) 111 EA X = (01 Mar. 2018 - 31 Oct. 2018)

0005 Willow Beach Park, David D. Terry Dam Site East River 53 EA X = Access(Winter) (01 Nov. 2018 - 28 Feb. 2019)

0006 David D. Terry Dam Site 6 West Park (Winter) (01 Nov. 2018 - 28 Feb. 2019) 53 EA X =

MOWING & TRIMMING SERVICES

0007 Willow Beach Park, David D. Terry Dam Site East River 18 EA X = Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)

0008 David D. Terry Dam Site 6 West Park 18 EA X (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)

ESTIMATED TOTAL BID PRICE - BASIC PERIOD

(LINE ITEMS 0001 - 0008)

FIRST OPTION PERIOD

Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 March 2019 through 28 February 2020.

ITEM DESCRIPTION ESTIMATED UNIT UNIT ESTIMATED

QUANTITY PRICE AMOUNT

PARK ATTENDANT SERVICES

1001 Willow Beach Park (Summer) 210 DAY X = (01 Mar. 2019 - 31 Oct. 2019) Service Performed 6 days per week.

1002 Willow Beach Park (Winter) 70 DAY X = (01 Nov. 2019 - 28 Feb. 2020) Service Performed 4 days per week.

CLEANUP & SOLID WASTE DISPOSAL SERVICES

1003 Willow Beach Park, David D. Terry Dam Site East River 110 EA X = Access (Summer) (01 Mar. 2019 - 31 Oct. 2019)

1004 David D. Terry Dam Site 6 West Park (Summer) 110 EA X = (01 Mar. 2019 - 31 Oct. 2019)

1005 Willow Beach Park, David D. Terry Dam Site East River 52 EA X = Access (Winter) (01 Nov. 2019 - 28 Feb. 2020)

1006 David D. Terry Dam Site 6 West Park (Winter) 52 EA X = (01 Nov. 2019 - 28 Feb. 2020)

MOWING & TRIMMING SERVICES

1007 Willow Beach Park, David D. Terry Dam Site East River 18 EA X = Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)

1008 David D. Terry Dam Site 6 West Park 18 EA X (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)

ESTIMATED TOTAL BID PRICE - FIRST OPTION PERIOD

(LINE ITEMS 1001 - 1008)

ESTIMATED TOTAL BID PRICE - BASE PLUS FIRST

OPTION PERIOD

(LINE ITEMS 0001 - 0008 & 1001 - 1008)

SECOND OPTION PERIOD

Furnish all labor, equipment, repair parts, fuel, transportation, tools, supplies, supervision and management required to perform Gate Attendant Services, Cleanup & Solid Waste Removal Services and Mowing & Trimming Services for parks/areas under the jurisdiction of the Pine Bluff Site Office, Pine Bluff, Arkansas, in accordance with Section C - Description/ Specifications/Work Statement, for the period 01 March 2020 through 28 February 2021.

ITEM DESCRIPTION ESTIMATED UNIT UNIT ESTIMATED

QUANTITY PRICE AMOUNT

PARK ATTENDANT SERVICES

2001 Willow Beach Park (Summer) 210 DAY X = (01 Mar. 2020 - 31 Oct. 2020) Service Performed 6 days per week.

2002 Willow Beach Park (Winter) 70 DAY X = (01 Nov. 2020 - 28 Feb. 2021) Service Performed 4 days per week.

CLEANUP & SOLID WASTE DISPOSAL SERVICES

2003 Willow Beach Park, David D. Terry Dam Site East River 110 EA X = Access (Summer) (01 Mar. 2020 - 31 Oct. 2020)

2004 David D. Terry Dam Site 6 West Park (Summer) 110 EA X = (01 Mar. 2020 - 31 Oct. 2020)

2005 Willow Beach Park, David D. Terry Dam Site East River 52 EA X = Access (Winter) (01 Nov. 2020 - 28 Feb. 2021)

2006 David D. Terry Dam Site 6 West Park (Winter) 52 EA X = (01 Nov. 2020 - 28 Feb. 2021)

MOWING & TRIMMING SERVICES

2007 Willow Beach Park, David D. Terry Dam Site East River 18 EA X = Access (Approx. 66 Acres Mowing & 9500 Linear Feet Shoreline)

2008 David D. Terry Dam Site 6 West Park 18 EA X (Approx. 15 Acres Mowing & 800 Linear Feet Shoreline)

ESTIMATED TOTAL BID PRICE - SECOND OPTION PERIOD

(LINE ITEMS 2001 - 2008)

ESTIMATED TOTAL BID PRICE - BASE PLUS FIRST & SECOND

OPTION PERIODS

(LINE ITEMS 0001 - 0008, 1001 - 1008, & 2001 - 2008)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.207-1 Notice Of Standard Competition MAY 2006 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay Of Work APR 1984 52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 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

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7000 Non-estoppel OCT 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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. EQUIPMENT & STAFFING PLAN:

(a) Submission Requirements: This information consists of the offeror’s intended management approach to executing the contract. It shall include a proposed equipment listing and a staffing plan to perform the work in accordance with the provisions of the contract. The proposed equipment list should only include the equipment which will be used on this contract. Include age, size, make and model of equipment. List all safety equipment both installed on machines as well as for personnel. If listing equipment to be purchased upon award, a financial responsibility assessment will be made to ensure offeror has the ability to obtain said equipment. The plan must include system for notification and correction of equipment deficiencies, as well as maintenance schedules and location of repair work. It shall also include a staffing plan that will be used to accomplish the work required within the performance work statement. The proposed staffing plan shall include both numbers of personnel proposed and position titles. Resumes for proposed key personnel, consisting of experience and other pertinent information, inclusive of owners, superintendents, quality control inspectors and foremen must also be submitted. If offeror will be relying on a sub-contractor’s experience, a listing of proposed sub-contractors and their experience on recent and relevant jobs must be provided as well as a proposed staffing plan and resumes of any key personnel proposed by the sub-contractor. The contractor must have sufficient equipment and personnel to complete an entire round of mowing within 7 working days, complete daily park cleanup & solid waste removal services, and complete gate attendant services as specified in the provisions of the performance work statement. All of these services are to be performed simultaneously.

(b) Evaluation Criteria: The Government will check Offeror’s equipment and management plan for completeness and reasonableness. A complete and reasonable equipment and management plan will receive a Go rating. Government will evaluate the clarity and strength of the overall organization and how well it is organized and structured to execute the entire scope of work. The Government will evaluate the capability of the firm to execute the project. The Government will evaluate the Contractor’s resources to determine if it has the capability to self-perform the required amount of the project, in accordance with public policy to assure adequate interest in and supervision of all work.

2. EXPERIENCE:

(a) Submission Requirements: The offeror shall demonstrate recent, relevant experience on similar projects. If the offeror is a joint venture, each firm shall demonstrate experience. Submit detailed examples of relevant work that are currently well underway or performed within the past three years.

Relevant work is defined as the mowing and trimming of areas at least 10 acres in size in a park-like setting, performance of cleanup and solid waste removal services in a park-like setting, and performance of gate attendant services for recreational camping.

(b) Evaluation Criteria: The Government will evaluate how well the Offeror demonstrated their recent (within three years of the issue date of the RFQ), relevant experience with similar projects. If the Offeror is a joint venture, each entity must demonstrate qualifying experience comparable to its role on the project. The Government reserves the right to verify the experience record of cited projects or other recent projects or to interview owners or references. The Government reserves the right to check any or all cited references to verify supplied information. A rating of No Go will be given to an Offeror who cannot demonstrate a history of recent, relevant experience. The Government will consider extent of recent experience, degree of relevance of such experience to this project, demonstrated familiarity with similar sites and local conditions. Some examples of relevancy to this project may include, but not be limited to: (1) Number, size, type work, location;

(2) Dates (completion within last 3 years); and (3) Firm's role and extent of work self-performed (subcontracting out all work is an examples of less relevant experience).

3. PAST PERFORMANCE FACTOR:

(a) Submission Requirements: Past performance refers to the quality of recent project experience from the customer’s perspective. The Offeror shall arrange for the reference customer point of contact for two projects to fill out the Questionnaire (Attachment A) and return directly to the Contract Specialist, via fax or e-mail. The questionnaires must be forwarded directly by the references. The Government will not release the questionnaire forms to the Offeror at any time, in order for the Government to solicit candid, unbiased responses and comments. Two References from previously completed jobs must be submitted and include a point of contact and phone numbers. These references must be relevant to the work which will be performed in this contract. Relevant work is defined as a combination of Park Attendant/Gate Attendant Services, Park Cleanup and Solid Waste Removal Services, and Mowing and Trimming Services of areas at least 10 acres in size in a park-like setting. References must be recent within the past 3 years.

(b) Evaluation Criteria: The Government will assess the degree of success of Offeror’s recent, relevant past performance. Owners/references will be asked to comment on items such as quality of mowing services, timeliness, management of subcontractor work, including timely payment to subs or suppliers, safety, relations between customer and contractor, level of support for such things as correcting errors.

The Government will target areas covered in the requirements of the Performance Work Statement including records conforming to quality, schedule, customer satisfaction, and problem resolution for errors and safety. The Government will give a Go rating to documented successful outcomes that are supported by outside source confirmation (e.g. but not limited to telephone interviews with points of contact identified in the proposal, agency performance databases, offeror furnished references, or personal knowledge). Successful outcomes are defined as having received a rating of satisfactory or better, or the equivalent. If the Government does not obtain past performance information for the projects identified by the offeror and cannot establish a past performance record for the offeror through other sources, or if the offeror has no past performance record and cannot tie significant, relevant experience of key personnel proposed for this project to cited experience, past performance will be rated neither favorably nor unfavorably.

4. PRICE:

Price will be evaluated by utilization of price analysis. This analysis will include the cost of the base and all option years. Submit the SF 1442, completed and signed by a person authorized by the Offeror.

Offerors shall complete the Bid Schedule by filling out the pricing data blanks in the solicitation. This submission item is not rated.

Award will be made to the offer that represents the lowest priced quote of those determined to be technically acceptable after evaluation. The decision will involve an analysis of factors 1-3, providing a go/ no go determination for each.

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

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

(End of provision)

52.212-3-OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (Nov

2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

(4) 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 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

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

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

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

Other End Products

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

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

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

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

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

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

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

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

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

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

(ii) Examples.

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any…