A.02.01_Combined_Syn-Sol.pdf
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- Solicitation number
- W9127S18Q0044
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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
W9127S-18-Q-0044, IDIQ General Maintenance, Clearwater Project Office
Submitted by
Offeror Name:
Offeror Address:
Street___________________________________________________________________________
City/State________________________________________________________________________
Offeror Email Address:
Cage Code:
DUNS Number:
TIN:
Telephone Number:
Signature:
Date:
Quote Total $:
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 number W9127S18Q0044 is issued as a request for quotation (RFQ).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular 2005-100.
Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for 100% 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 3.
Description of requirements for the items to be acquired: This requirement is to provide IDIQ General
Maintenance services for the Corps of Engineers Clearwater Project Office, Missouri.
Period of performance (POP), FOB point, and guaranteed minimum:
This effort will have a base year and two one year options
Base Period of Performance is Contract award date thru 31 Aug 2019
Option 1 POP is 1 Sep 2019 thru 31 Aug 2020
Option 2 POP is 1 Sep 2020 thru 31 Aug 2021
FOB: Destination
The guaranteed minimum work to the awardee for this contract is equal to 3% of the total dollar value for the base year.
The guaranteed minimum will be met via naturally occurring task orders
The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation. Award will be made solely on price.
A site visit will occur on Tuesday 05 Sep 2018 at 09:00 A.M. CST at the USACE Clearwater Project Office, RR #3 BOX 3559D, Piedmont, MO 63957-1624. Contact Russell Cooper at 501-340-1476 for site visit questions.
Quotes are due on 14 Sep 2018 at 10:00 am CST. Submit quotes by email to melissa.a.westfall@usace.army.mil.
Required Documents to Submit
1. Request for Quotation cover page (signed)
2. Completed (filled in) Provisions and Clauses as applicable
3. Quote Schedule with unit prices and total prices
4. Signed Amendments (if applicable)
If you have any questions regarding this solicitation, please contact Melissa Westfall at 501-340-1249 or submit an email to melissa.a.westfall@usace.army.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1533_213837 mailto:melissa.a.westfall@usace.army.mil mailto:melissa.a.westfall@usace.army.mil
QUOTE SCHEDULE
Clearwater Project Office
General Maintenance IDIQBASE PERIOD - BID SHEET
Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement at Clearwater Lake for the period of Sep 1, 2018 or date of award whichever is later, through Aug 30, 2019.
Est. Unit Est.
Item # Description Quant Unit Price $Amt.
0001 Service Call 130 EA
0002 Emergency Service Call 50 EA
0003 Labor Hours (General Maintenance) 700 HR
0004 Labor Hours (Plumbing/Electrical) 350 HR
0005 Materials Cost 35000 US Dollar
0006 Piezometer Reading 80 Cycle
0007 Replace Exterior Toilet Screen Door and Door Frame 6 EA
0008 Replace Exterior Steel Door and Frame 3 EA
0009 Replace/Install Lantern Hanger 15 EA
0010 Replace/Install Fire Ring Grill 15 EA
0011 4x4 Sign Mounting Placement 20 EA
0012 6x6 Sign Mounting Placement 10 EA
0013 Shingle Roofing 2000 SQ. FT
0014 Metal Roofing 4000 SQ. FT
0015 Place 4" Concrete Slab 1500 SF
0016 Place 6" Concrete Slab 1500 SF
0017 Place Launch Ramp Concrete 1500 SF
0018 Replace/Install Concrete Wheel Stop 40 EA
0019 Install Drainage Culvert CMP 150 LF
0020 Dump Truck with Driver 125 HR
0021 Backhoe with Operator 150 HR
0022 Skid Steer with Operator 150 HR
0023 Mini-excavator with Operator 60 HR
0024 Bulldozer with Operator 60 HR
0025 Excavator 100 HR
0026 Vibratory Plate Compactor with Operator 40 HR
0027 Vibratory Roller with Operator 50 HR
0028 Concrete/Asphalt Saw with Operator 20 HR
0029 Replace/Install 50amp electric pedestal 5 EA
0030 Replace/Install 30amp electric pedestal 5 EA
0031 Park Preseason Electrical Check 1 EA
0032 Excavation for Electrical Lines 1000 LF
0033 Replace/Install Electric Riser 3 EA
0034 Replace/Install Electric Panel board 3 EA
0035 Replace/Install Electric Wire way 3 EA
0036 Replace/Install Electric Safety Disconnect 3 EA
0037 Utility Road Crossing 125 LF
0038 Rock Excavation for Utility Lines 200 LF
0039 Repair Water Leak 4 EA
0040 Unplug Sewer System 2 EA
0041 Replace/Install Underground Water Line 3/4 - 2" 900 LF
0042 Replace/Install Underground sewer line 400 LF
0043 Replace Water Hydrant 10 EA
0044 Inspect Reducer Pressure Zone Assembly 9 EA
0045 Inspect Septic System 6 EA
BASE PERIOD - LINE ITEM 0001 - 0045 TOTAL: $____________
General Maintenance IDIQOPTION 1 - BID SHEET
Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement at Clearwater Lake for the period of Sep 1, 2019 through Aug 30, 2020.
Est. Unit Est.
Item Description Quant Unit Price $Amt.
1001 Service Call 130 EA
1002 Emergency Service Call 50 EA
1003 Labor Hours (General Maintenance) 700 HR
1004 Labor Hours (Plumbing/Electrical) 350 HR
1005 Materials Cost 35000 US Dollar
1006 Piezometer Reading 80 Cycle
1007 Replace Exterior Toilet Screen Door and Door Frame 6 EA
1008 Replace Exterior Steel Door and Frame 3 EA
1009 Replace/Install Lantern Hanger 15 EA
1010 Replace/Install Fire Ring Grill 15 EA
1011 4x4 Sign Mounting Placement 20 EA
1012 6x6 Sign Mounting Placement 10 EA
1013 Shingle Roofing 2000 SQ. FT
1014 Metal Roofing 4000 SQ. FT
1015 Place 4" Concrete Slab 1500 SF
1016 Place 6" Concrete Slab 1500 SF
1017 Place Launch Ramp Concrete 1500 SF
1018 Replace/Install Concrete Wheel Stop 40 EA
1019 Install Drainage Culvert CMP 150 LF
1020 Dump Truck with Driver 125 HR
1021 Backhoe with Operator 150 HR
1022 Skid Steer with Operator 100 HR
1023 Mini-excavator with Operator 60 HR
1024 Bulldozer with Operator 60 HR
1025 Excavator 100 HR
1026 Vibratory Plate Compactor with Operator 40 HR
1027 Vibratory Roller with Operator 50 HR
1028 Concrete/Asphalt Saw with Operator 20 HR
1029 Replace/Install 50amp electric pedestal 5 EA
1030 Replace/Install 30amp electric pedestal 5 EA
1031 Park Preseason Electrical Check 1 EA
1032 Excavation for Electrical Lines 1000 LF
1033 Replace/Install Electric Riser 3 EA
1034 Replace/Install Electric Panel board 3 EA
1035 Replace/Install Electric Wire way 3 EA
1036 Replace/Install Electric Safety Disconnect 3 EA
1037 Utility Road Crossing 125 LF
1038 Rock Excavation for Utility Lines 200 LF
1039 Repair Water Leak 4 EA
1040 Unplug Sewer System 2 EA
1041 Replace/Install Underground Water Line 3/4 - 2" 900 LF
1042 Replace/Install Underground sewer line 400 LF
1043 Replace Water Hydrant 10 EA
1044 Inspect Reducer Pressure Zone Assembly 9 EA
1045 Inspect Septic System 6 EA
OPTION 1 PERIOD - LINE ITEM 1001 - 1045 TOTAL: $____________
General Maintenance IDIQOPTION 2 - BID SHEET
Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide maintenance services as described in the Performance Work Statement at Clearwater Lake for the period of Sep 1, 2020 through Aug 30, 2021.
Est. Unit Est.
Item Description Quant. Unit Price $Amt.
2001 Service Call 130 EA
2002 Emergency Service Call 50 EA
2003 Labor Hours (General Maintenance) 700 HR
2004 Labor Hours (Plumbing/Electrical) 350 HR
2005 Materials Cost 35000 US Dollar
2006 Piezometer Reading 80 Cycle
2007 Replace Exterior Toilet Screen Door and Door Frame 6 EA
2008 Replace Exterior Steel Door and Frame 3 EA
2009 Replace/Install Lantern Hanger 15 EA
2010 Replace/Install Fire Ring Grill 15 EA
2011 4x4 Sign Mounting Placement 20 EA
2012 6x6 Sign Mounting Placement 10 EA
2013 Shingle Roofing 2000 SQ. FT
2014 Metal Roofing 4000 SQ. FT
2015 Place 4" Concrete Slab 1500 SF
2016 Place 6" Concrete Slab 1500 SF
2017 Place Launch Ramp Concrete 1500 SF
2018 Replace/Install Concrete Wheel Stop 40 EA
2019 Install Drainage Culvert CMP 150 LF
2020 Dump Truck with Driver 125 HR
2021 Backhoe with Operator 150 HR
2022 Skid Steer with Operator 100 HR
2023 Mini-excavator with Operator 60 HR
2024 Bulldozer with Operator 100 HR
2025 Excavator 100 HR
2026 Vibratory Plate Compactor with Operator 40 HR
2027 Vibratory Roller with Operator 50 HR
2028 Concrete/Asphalt Saw with Operator 20 HR
2029 Replace/Install 50amp electric pedestal 5 EA
2030 Replace/Install 30amp electric pedestal 5 EA
2031 Park Preseason Electrical Check 1 EA
2032 Excavation for Electrical Lines 1000 LF
2033 Replace/Install Electric Riser 3 EA
2034 Replace/Install Electric Panel board 3 EA
2035 Replace/Install Electric Wire way 3 EA
2036 Replace/Install Electric Safety Disconnect 3 EA
2037 Utility Road Crossing 125 LF
2038 Rock Excavation for Utility Lines 200 LF
2039 Repair Water Leak 4 EA
2040 Unplug Sewer System 2 EA
2041 Replace/Install Underground Water Line 3/4 - 2" 900 LF
2042 Replace/Install Underground sewer line 400 LF
2043 Replace Water Hydrant 10 EA
2044 Inspect Reducer Pressure Zone Assembly 9 EA
2045 Inspect Septic System 6 EA
OPTION 2 PERIOD - LINE ITEM 2001 - 2045 TOTAL: $____________
W9127S18Q0044
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
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DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-SEP-2018 TO
31-AUG-2019
N/A CLEARWATER PROJECT OFFICE
RR #3 BOX 3559D
PIEDMONT MO 63957-9559
(501)340-1478
FOB: Destination
966403
0002 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0011 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0012 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0013 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0014 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0015 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0016 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0017 POP 01-SEP-2018 TO
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0018 POP 01-SEP-2018 TO
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0019 POP 01-SEP-2018 TO
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0020 POP 01-SEP-2018 TO
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0021 POP 01-SEP-2018 TO
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0022 POP 01-SEP-2018 TO
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0023 POP 01-SEP-2018 TO
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0024 POP 01-SEP-2018 TO
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0025 POP 01-SEP-2018 TO
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0026 POP 01-SEP-2018 TO
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0027 POP 01-SEP-2018 TO
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0028 POP 01-SEP-2018 TO
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0044 POP 01-SEP-2018 TO
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0045 POP 01-SEP-2018 TO
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1001 POP 01-SEP-2019 TO
31-AUG-2020
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-SEP-2019 TO
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1003 POP 01-SEP-2019 TO
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1004 POP 01-SEP-2019 TO
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1005 POP 01-SEP-2019 TO
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1006 POP 01-SEP-2019 TO
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1007 POP 01-SEP-2019 TO
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1008 POP 01-SEP-2019 TO
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1009 POP 01-SEP-2019 TO
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1010 POP 01-SEP-2019 TO
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2045 POP 01-SEP-2020 TO
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CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-6 Brand Name or Equal AUG 1999
52.212-1 Instructions to Offerors--Commercial Items JAN 2017
52.212-4 Contract Terms and Conditions--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
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards MAY 2014
52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option
Contracts)
MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
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
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
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
52.242-13 Bankruptcy JUL 1995
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
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
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—(1) An identifier assigned to entities located in the
United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity
(CAGE) Branch to identify a commercial or government entity; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA
Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.204-20 Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA
Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
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.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
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 https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
https://www.sam.gov/portal
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(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 https://www.acquisition.gov/
(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.
(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).
___…
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