A.07.23_COMBINED_SYNOPSIS_AND_SOLICITATION.pdf

• Base Year – November 22, 2019 (or date of award whichever is later) through October 31, 2020

• Option Year I – November 1, 2020 through October 31, 2021

• Option Year II – November 1, 2021 through October 31, 2022

• Option Year III – November 1, 2022 through October 31, 2023

• Option Year IV – November 1, 2023 through October 31, 2024

• The place of performance will be Pine Bluff Project Office.

• FOB: Destination

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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.

***Please read these instructions carefully.***

Solicitation number W9127S20Q0003 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business.

The NAICS Code 562111 and the applicable size standard is $38.5M

Description of requirements for the items to be acquired: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform solid waste pickup and disposal as defined in this Performance Work Statement except for those items specified as government furnished property and services.

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

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

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices

4. Signed Amendments, as applicable

When submitting your quote, be please make sure the solicitation number, W9127S20Q0003, is written in the subject line or on the outside of the envelope.

Email: taylor.b.mclain@usace.army.mil

Fax: (501)324-5196

If sending by mail, please submit your quotes to the following address:

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Taylor McLain 700 West Capitol Avenue, Room 7315 Little Rock, AR 72203

If you have any questions regarding this solicitation, please contact:

Taylor McLain (501)340-1715 taylor.b.mclain@usace.army.mil

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation.

Award will be made solely on pririce.

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.

Quotes are due on Friday, November 15, 2019 at 9:00 AM CST. Email submission of quotations are preferred in .pdf form, however Fax or Mail submissions are allowed.

Required Documents to Submit:

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

Offeror Name:

Offeror Address:

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting Division

700 West Capitol Avenue Room 7315 Little Rock, AR 72203

W9127S-20-Q-0003, Solid Waste Removal, Pine Bluff Project Office

Submitted by

Street ______________________________ _

City/State ____________________________ _

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

QUOTE SCHEDULE

ITEM SUPPLIES AND SERVICES ESTIMATED UNIT ESTIMATED

QUANTITY UNIT PRICE AMOUNT

Furnish all labor, materials, equipment, and supplies required to provide WEEKLY solid waste removal services at designated facilities operated under the jurisdiction the Pine Bluff Site Office, Pine Bluff, AR, as specified in – Description/ Specifications/Work Statement, for the BASE period of 22 NOV 2019 (Or award date, whichever is later) - 31 OCT 2020

0001 Notrebes Bend Park 36 4 cubic yard X ________________ =________________

(1 MAR - 31 OCT)

0002 Arkansas Post Field Office 52 6 cubic yard X ________________ =________________ (All Year)

0003 Merrisach Lake Park 52 16 cubic yard X ________________ =________________ (All Year)

0004 Pendleton Bend Park 52 6 cubic yard X ________________ =________________ (All Year)

0005 Wilbur D. Mills Park 52 6 cubic yard X ________________ =________________ (All Year)

0006 Joe Harden Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

0007 Rising Star Park 52 6 cubic yard X ________________ =________________ (All Year)

QUANTITY UNIT PRICE AMOUNT

0008 Pine Bluff Site Office 52 6 cubic yard X ________________ =________________ (All Year)

0009 Emmett Sanders Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

0010 Ste. Marie Park 36 6 cubic yard X ________________ =________________ (Summer, 1 MAR – 31 OCT)

0011 Pine Bluff Marine Terminal 52 6 cubic yard X ________________ =________________ (All Year)

0012 Col. Charles D. Maynard Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

0013 Tar Camp Park 36 18 cubic yard X ________________ =________________ (Summer, 1 MAR - 31 OCT)

0014 Tar Camp Park 16 6 cubic yard X ________________ =________________ (Winter, 1 NOV - 28 FEB)

0015 Willow Beach Park 52 16 cubic yard X ________________ =________________ (All Year)

0016 David D. Terry Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

Estimated Bid Price (Base Period) _______________________ (Items 0001 through 0016)

BID SCHEDULE

QUANTITY UNIT PRICE AMOUNT

Furnish all labor, materials, equipment, and supplies required to provide WEEKLY solid waste removal services at designated facilities operated under the jurisdiction the Pine Bluff Site Office, Pine Bluff, AR, as specified in – Description/ Specifications/Work Statement, for the 1st Option period of NOV 1 2020 - 31 OCT 2021

1001 Notrebes Bend Park 36 4 cubic yard X ________________ =________________

(1 MAR - 31 OCT)

1002 Arkansas Post Field Office 52 6 cubic yard X ________________ =________________ (All Year)

1003 Merrisach Lake Park 52 16 cubic yard X ________________ =________________ (All Year)

1004 Pendleton Bend Park 52 6 cubic yard X ________________ =________________ (All Year)

1005 Wilbur D. Mills Park 52 6 cubic yard X ________________ =________________ (All Year)

1006 Joe Harden Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

1007 Rising Star Park 52 6 cubic yard X ________________ =________________

1008 Pine Bluff Site Office 52 6 cubic yard X ________________ =________________ (All Year)

1009 Emmett Sanders Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

1010 Ste. Marie Park 36 6 cubic yard X ________________ =________________ (Summer, 1 MAR – 31 OCT)

1011 Pine Bluff Marine Terminal 52 6 cubic yard X ________________ =________________ (All Year)

1012 Col. Charles D. Maynard Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

1013 Tar Camp Park 36 18 cubic yard X ________________ =________________ (Summer, 1 MAR - 31 OCT)

1014 Tar Camp Park 16 6 cubic yard X ________________ =________________ (Winter, 1 NOV - 28 FEB)

1015 Willow Beach Park 52 16 cubic yard X ________________ =________________ (All Year)

1016 David D. Terry Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

Estimated Bid Price (Option 1) _______________________ (Items 1001 through 1016)

QUANTITY UNIT PRICE AMOUNT

Furnish all labor, materials, equipment, and supplies required to provide WEEKLY solid waste removal services at designated facilities operated under the jurisdiction the Pine Bluff Site Office, Pine Bluff, AR, as specified in – Description/ Specifications/Work Statement, for the 2nd Option period of NOV 1 2021 - OCT 31 2022

2001 Notrebes Bend Park 36 4 cubic yard X ________________ =________________

(1 MAR - 31 OCT)

2002 Arkansas Post Field Office 52 6 cubic yard X ________________ =________________ (All Year)

2003 Merrisach Lake Park 52 16 cubic yard X ________________ =________________ (All Year)

2004 Pendleton Bend Park 52 6 cubic yard X ________________ =________________ (All Year)

2005 Wilbur D. Mills Park 52 6 cubic yard X ________________ =________________ (All Year)

2006 Joe Harden Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

2007 Rising Star Park 52 6 cubic yard X ________________ =________________

2008 Pine Bluff Site Office 52 6 cubic yard X ________________ =________________ (All Year)

2009 Emmett Sanders Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

2010 Ste. Marie Park 36 6 cubic yard X ________________ =________________ (Summer, 1 MAR – 31 OCT)

2011 Pine Bluff Marine Terminal 52 6 cubic yard X ________________ =________________ (All Year)

2012 Col. Charles D. Maynard Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

2013 Tar Camp Park 36 18 cubic yard X ________________ =________________ (Summer, 1 MAR - 31 OCT)

2014 Tar Camp Park 16 6 cubic yard X ________________ =________________ (Winter, 1 NOV - 28 FEB)

2015 Willow Beach Park 52 16 cubic yard X ________________ =________________ (All Year)

2016 David D. Terry Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

Estimated Bid Price (Option 2) _______________________ (Items 2001 through 2016)

QUANTITY UNIT PRICE AMOUNT

Furnish all labor, materials, equipment, and supplies required to provide WEEKLY solid waste removal services at designated facilities operated under the jurisdiction the Pine Bluff Site Office, Pine Bluff, AR, as specified in – Description/ Specifications/Work Statement, for the 3rd Option period of NOV 1 2022 - OCT 31 2023

3001 Notrebes Bend Park 36 4 cubic yard X ________________ =________________

(1 MAR - 31 OCT)

3002 Arkansas Post Field Office 52 6 cubic yard X ________________ =________________ (All Year)

3003 Merrisach Lake Park 52 16 cubic yard X ________________ =________________ (All Year)

3004 Pendleton Bend Park 52 6 cubic yard X ________________ =________________ (All Year)

3005 Wilbur D. Mills Park 52 6 cubic yard X ________________ =________________ (All Year)

3006 Joe Harden Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

3007 Rising Star Park 52 6 cubic yard X ________________ =________________

3008 Pine Bluff Site Office 52 6 cubic yard X ________________ =________________ (All Year)

3009 Emmett Sanders Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

3010 Ste. Marie Park 36 6 cubic yard X ________________ =________________ (Summer, 1 MAR – 31 OCT)

3011 Pine Bluff Marine Terminal 52 6 cubic yard X ________________ =________________ (All Year)

3012 Col. Charles D. Maynard Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

3013 Tar Camp Park 36 18 cubic yard X ________________ =________________ (Summer, 1 MAR - 31 OCT)

3014 Tar Camp Park 16 6 cubic yard X ________________ =________________ (Winter, 1 NOV - 28 FEB)

3015 Willow Beach Park 52 16 cubic yard X ________________ =________________ (All Year)

3016 David D. Terry Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

Estimated Bid Price (Option 3) _______________________ (Items 3001 through 3016)

QUANTITY UNIT PRICE AMOUNT

Furnish all labor, materials, equipment, and supplies required to provide WEEKLY solid waste removal services at designated facilities operated under the jurisdiction the Pine Bluff Site Office, Pine Bluff, AR, as specified in – Description/ Specifications/Work Statement, for the 4th Option period of NOV 1 2023 - OCT 31 2024

4001 Notrebes Bend Park 36 4 cubic yard X ________________ =________________

(1 MAR - 31 OCT)

4002 Arkansas Post Field Office 52 6 cubic yard X ________________ =________________ (All Year)

4003 Merrisach Lake Park 52 16 cubic yard X ________________ =________________ (All Year)

4004 Pendleton Bend Park 52 6 cubic yard X ________________ =________________ (All Year)

4005 Wilbur D. Mills Park 52 6 cubic yard X ________________ =________________ (All Year)

4006 Joe Harden Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

4007 Rising Star Park 52 6 cubic yard X ________________ =________________

4008 Pine Bluff Site Office 52 6 cubic yard X ________________ =________________ (All Year)

4009 Emmett Sanders Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

4010 Ste. Marie Park 36 6 cubic yard X ________________ =________________ (Summer, 1 MAR – 31 OCT)

4011 Pine Bluff Marine Terminal 52 6 cubic yard X ________________ =________________ (All Year)

4012 Col. Charles D. Maynard Lock & Dam 52 2 cubic yard X ________________ =________________ (All Year)

4013 Tar Camp Park 36 18 cubic yard X ________________ =________________ (Summer, 1 MAR - 31 OCT)

4014 Tar Camp Park 16 6 cubic yard X ________________ =________________ (Winter, 1 NOV - 28 FEB)_

4015 Willow Beach Park 52 16 cubic yard X ________________ =________________ (All Year)

4016 David D. Terry Lock & Dam 52 4 cubic yard X ________________ =________________ (All Year)

Estimated Bid Price (Option 4) _______________________ (Items 4001 through 4016)

W9127S20Q0003

YEAR INSPECTION ACCEPTANCE INSPECTION ACCEPTANCE

BASE YEAR Destination Government Destination Government

OPTION ONE Destination Government Destination Government

OPTION TWO Destination Government Destination Government

OPTION THREE Destination Government Destination Government

OPTION FOUR Destination Government Destination Government

DELIVERY INFORMATION

YEAR DELIVERY DATE QUANTITY DODAAC /

CAGE

BASE

YEAR

N/A 967165

OPTION

ONE

N/A 967165

OPTION

TWO

N/A 967165

OPTION

THREE

N/A 967165

OPTION

FOUR

N/A 967165

POP 22-NOV-2019 TO

31-OCT-2020

POP 1-NOV-2020 TO

31-OCT-2021

POP 1-NOV-2021 TO

31-OCT-2022

POP 1-NOV-2022 TO

31-OCT-2023

POP 1-NOV-2023 TO

31-OCT-2024

SHIP TO ADDRESS

PINE BLUFF PROJECT OFFICE

DAREN OLSON

35 WILD GOOSE LANE

TICHNOR AR 72166

870-548-2291 FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 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

52.204-22 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

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

OCT 2019

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 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 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE 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—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(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:

Line Item No.: Country of Origin:

[List as necessary]

(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

Line Item No.: Country of Origin:

[List as necessary]

(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 contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing…