sf30-19r1-am2.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

AM-0002 12 Apr 2019

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

CECT – Contracting Division USACE, Honolulu District Bldg 252 (CECT-POH) Ft Shafter, HI 96858-5440

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) (x) 9A. AMENDMENT OF SOLICITATION NO.

W9128A-19-R-0001 X

9B. DATED (SEE ITEM 11)

03/08/2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ]The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [ X ] is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning __1__ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ ] is required to sign this document and return _ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Small Business Set-Aside Indefinite Delivery / Indefinite Quantity (IDIQ) Sngle Award Task Order Contract (SATOC) For Munitions & Explosives of Concern (MEC) Response Actions, Former Waikoloa Maneuver Area (WMA) and Honolulu District (POH) Area of Responsibility (AOR), U.S. Army Corps of Engineers, Honolulu District

See Page 2 of 2 Pages

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Am-0002 Standard Form 30

RFP No. W9128A-19-R-0001 Page 2 of 2 Pages

Item No. 14 (Continued)

1. CHANGES TO SPECIFICATIONS. Attached hereto are new, revised and delected sections to the specifications. Revised pages replace like-numbered pages. The revision mark (Am-0002) is shown on each revised page.

A. REVISED SECTIONS. The following are sections were revised and changes are in bold and blue colored font.

Section B, Tables B.1 and B.2, paragraphs 6.1.2, 6.2, 6.2.1

Section K, Clause 52.204-8, Annual Representations and Certifications (April 2016)(a)(2).

B. ADDITIONS TO SECTION: The following sections were added to a section:

Section J, Requests for Information, #77 to 118.

2. The proposal due date remains unchanged. See SF 33, Block 9.

(Am-0002)

Section B – Supplies Services Pricing – Page 1

SECTION B - SUPPLIES OR SERVICE

1. Contract Definition

This is a Single Award Task Order Contract (SATOC) Indefinite Delivery/Indefinite Quantity (IDIQ) contract for

Munitions and Explosives of Concern (MEC) Response Actions, Former Waikoloa Maneuver Area (WMA), and the

U.S. Army Corps of Engineers (USACE), Honolulu District (POH) Area of Responsibility (AOR) under North

American Industry Classification System (NAICS) 562910 – Environmental Remediation Services. The IDIQ

SATOC will be for a total value of $95,000,000, set aside for eligible Small Businesses. The Contractor shall provide services related to requirements of the Resource Conservation and Recovery Act (RCRA), the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Air Act, and other related Federal Programs in addition to State/Local specific regulations/requirements. Remedial actions may address both regulated and non-regulated toxic substances. In addition, incidental/minor construction activities are included for ERS task orders, where these requirements are in direct support of specific activities. The contract will include a wide range of environmental services at various known or suspected Hazardous, Toxic, and Radioactive

Waste (HTRW) sites. This IDIQ contract will support the AOR of POH at various U.S. and other sites, predominantly Formerly Used Defense Sites (FUDS) at the Former Waikoloa Maneuver Area on the Big Island of

Hawaii. POH AOR includes all the Hawaiian Islands, the territories of Guan, American Samoa and Commonwealth of the Northern Mariana Islands (CNMI), as well as the Freely Associated States including the Republic of Palau, Federal States of Micronesia and the Republic of the Marshall Islands. This work will be accomplished in accordance with the principles of ER 5-1-10 and the Project Management Business Processes as confirmed by the

District Commander. This contract requires the Contractor to perform all work necessary to complete the task orders issued, to include completing simultaneously executed task orders. The individual task orders issued under the resulting contract will be firm-fixed price (FFP).

The Government may not award any contract if the resulting contract would not represent a "best value" to the

Government using trade-off selection procedures as required by the Federal Acquisition Regulations (FAR) and other guidance.

Please ensure NAICS code 562910 is incorporated in your current SAM registration at www.sam.gov. Failure to have this NAICS code current in SAM may result in not being considered for the award.

2. Eligibility

The contract is a 100% Small Business set-aside. See FAR 52.219-6, Notice of Total Small Business Set-Aside.

The small business size standard for NAICS 562910 is 750 employees.

3. Total Amount of Contract

The total amount of capacity under the resultant awarded contract shall not exceed $95M. There is no limit of the number of task orders that may be issued against this contract. See FAR 52.216-19 for the dollar value of each task order that may be executed against this contract.

4. Guaranteed Contract Amount

The contract awarded under this solicitation shall have a guaranteed base period minimum amount of $2,500.00.

The guaranteed minimum will be met with the obligation of a task order meeting or exceeding the guaranteed amount, or will be funded on a separate task order under the basic contract.

5. Performance Period

This SATOC will have a basic performance period of one (1) year with four (4) one (1) year options and an additional six (6) month option under FAR Clause 52.217-8, Option to Extend Services, for a total of five (5) years and six (6) months (if this option is exercised) or until the contract limit is reached, whichever comes first. Total length of the contract ordering period, including the option periods, will not exceed five (5) years and six (6) months from the date of contract award.

Section B – Supplies Services Pricing – Page 2

6. Pricing

FFP task orders will be for services performed at prices expressly provided for therein and based on Section B.

FFP task orders may be subject to audit at the discretion of the applicable Contracting Officer. The amount to be paid to the contractor for each FFP task order shall be based on the hourly rate for labor disciplines listed in Table

B.1 and markups for the other direct costs in 6.1. If a discipline is not listed in Table B.1 and is required for a specific task order, that labor rate will be negotiated with the offeror before award of that task order. All total hourly rates indicated in Table B.1 of this Section B shall include Overhead, General & Administrative (G&A) and any

Labor Burden Fringes, or other costs and shall be exclusive of profit.

The Contractor shall complete Table B.1 (attached). It shall show one rate per labor discipline, including those provided by subcontractors. Table B.1 may be expanded by the offeror to ensure that all disciplines required are identified. The offeror may not have all personnel on staff; therefore, if those personnel are subcontracted, their rates shall be provided in the tables as well. All contracted personnel shall be identified on the table following

“(SUB)” after the title of the discipline. For example, state “Cultural Resources Specialist (SUB)”. The rates shown per labor discipline shall be the fully burdened rates.

NOTE: If during the Contract Period of Performance, the Contractor’s original subcontracted personnel are no longer available to the Prime, the Prime shall find a subcontractor that has at a minimum, the same qualifications as the previous subcontracted personnel. The Prime shall be responsible for negotiating the labor rates for those personnel that have been provided in this solicitation. Those rates provided are the maximum that will be paid by the Government for any replacement personnel.

6.1 Binding Labor Rates. The binding labor rates for use on this contract are provided in the following (Table B.1).

TABLE B.1. BINDING LABOR RATE SCHEDULE

ITEM

DISCIPLINE

SUB

LOADED

HOURLY

RATE:

YEAR

ONE

LOADED

HOURLY

RATE:

YEAR

TWO

LOADED

HOURLY

RATE:

YEAR

THREE

LOADED

HOURLY

RATE:

YEAR

FOUR

LOADED

HOURLY

RATE:

YEAR

FIVE

6 Month

Pricing

101 Program Manager

102 Project Manager

103 Field Operations Manager

104 Senior Geophysicist

105 Project Geophysicist

106 Senior Data Analyst

107 Data Analyst

108 Senior Data Processor

109 Data Processor

110 Senior Programmer

111 Programmer

112 Senior CADD/GIS

113 CADD/GIS

114 Senior IT Specialist

115 IT Specialist

116 Field Technician

117 Registered Land Surveyor

118 UXO Technician III

119 UXO Technician II

120 UXO Technician I

Section B – Supplies Services Pricing – Page 3

TABLE B.1. BINDING LABOR RATE SCHEDULE

ITEM

DISCIPLINE

SUB

LOADED

HOURLY

RATE:

YEAR

ONE

LOADED

HOURLY

RATE:

YEAR

TWO

LOADED

HOURLY

RATE:

YEAR

THREE

LOADED

HOURLY

RATE:

YEAR

FOUR

LOADED

HOURLY

RATE:

YEAR

FIVE

6 Month

Pricing

121 UXO Sweep Personnel

122 Senior UXO Supervisor

UXO Quality Control Specialist

(UXOQCS)

UXO Safety Control Officer

(UXOSO)

125 Clerical

126 Contracts Manager

127 Chemist

128 Geologist

129 Hydrogeologist

130 Risk Assessor

Hazardous Material Manager /

Transportation Specialist / Health and Safety Manager

Safety Professionals /

Industrial Hygienists

133 Senior Engineer

134 Mid-level Engineer

135 Junior Engineer

136 Senior Scientist

137 Mid-level Scientist

138 Junior Scientist

139 Site Safety and Health Officer

140 Regulatory Specialist

141 Quality Control Supervisor /

Quality Control Geophysicist

Site Superintendent / On-Site

Supervisor

143 Biologist

144 Botanist

145 Certified Industrial Hygienist

146 Certified Health Physicist

147 Hazardous Waste Specialist

148 Specification Writer

149 Community Relations Specialist

150 Estimator

151 Project Archaeologist

152 Natural Resource Specialist

153 Quality Manager

154 DAGCAP Quality Manger

* NOTE: Should the Government exercise its right to extend the contract under FAR Clause 52.217-8, the

Section B – Supplies Services Pricing – Page 4

Contractor will be required to hold its labor rates to the accepted rates identified in the Binding Labor Rate

Schedule.

6.1.1 The offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column.

6.1.2 The hourly labor rates in Binding Rate Labor Schedule shall become binding upon contract award for the life of the contract. The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit.

6.1.3 The binding hourly rates represent the labor rates that the Contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all task order modifications, unless lower hourly rates were proposed on the individual task order. The Contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP based on the tasks identified in the

RTOP. See paragraph 6.1.7 below for additional information.

6.1.4 Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding hourly rate or a lower hourly rate for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

6.1.5 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and the associated fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued RTOP.

6.1.6 If during the contract Period of Performance, the Contractor’s original subcontracted personnel are no longer available, the Contractor shall find a subcontractor that has at a minimum, the same qualifications as the previous subcontracted personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in the Binding Labor Rate Schedule. The rates provided in the Binding Labor Rate Schedule are the maximum that will be paid by the Government for any replacement personnel.

6.1.7 The rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the

12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1

November of each year, and a Task Order is issued on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the

Task Order is required in December 2018, the labor rates effective on 1 November 2018 will apply.

6.2 Binding Rates for Home Office Overhead, Field Office Overhead, and G&A Rates. The binding rates for use on this contract are provided in the following schedule.

TABLE B.2. BINDING RATES

Base Period

Year 1 Option 1

Year 2 Option 2

Year 3 Option 3

Year 4 Option 4

Year 5 6 months

Home Office

Overhead

Rate*

Field Office

Overhead

Rate*

G&A Rate*

Section B – Supplies Services Pricing – Page 5

6.2.1 The Binding Rates represent 1) a breakout of the caps/markups incorporated into for the Binding Labor

Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications. If the offeror has Binding Rates that are the same for the Base Period and all Option Periods, simply put the same number in each box. If the offeror intends to provide Binding Rate that are different for any or all of the Option Periods from the Base Period Year 1, the offeror must provide a justification for the changed rates. In addition, the offeror must also provide the unburdened rates for Options 1-4 (Years 2-5) so that the Government can review the calculations of the unburdened versus burdened labor rates.

6.2.2 The Binding Rates represent the rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Rates shall also apply to all modifications. The Contractor may propose lower rates when responding to the task order request or modification requests.

6.2.3 Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal.

6.2.4 The Binding Rates shall be governed by the effective date of the Task Order. See paragraph 6.1.7 above.

6.2.5 If the offeror intends to use the same Binding Rates throughout the entire life of the contract, the offeror can propose an escalation rate to be applied to the previous year’s fully burdened labor rate.

6.3 General

6.3.1 The amount to be paid to the Contractor for each firm-fixed price task order shall be based on the binding labor rates for labor disciplines listed in Paragraph 6.1 and binding rates for home office overhead rate and G&A rate in Paragraph 6.2.

6.3.2 Applicable Department of Labor Wage Rates (FAR 52.222-41) and Statement of Equivalent Rates for Federal

Hires (FAR 52.222-42) will be included at the individual task orders level when the site and location for the work is known.

6.3.3 Profit will be negotiated for each individual task order.

6.3.4 The Government reserves the right to request certified cost or pricing data or information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

6.3.5 The Government will analyze task order proposals to determine whether they are unbalanced with respect to prices or separately priced line items. Task order proposals that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices, which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. In addition, an offer is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

7. Department of Labor Wage Rates

For the purposes of the sample project, Department of Labor Wage Determination 2015-5691 Rev 8, dated

December 26, 2018 and Statement of Equivalent Rates for Federal Hires for 2018 are attached in Section J of this solicitation. For subsequent individual task orders written against the contract, the appropriate Department of Labor

Wage Determination and Statement of Equivalent Rates for Federal Hires will be provided.

8. Travel

Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the

Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per diem rate information may be obtained at http://www.defensetravel.dod.mil/.

http://www.defensetravel.dod.mil/

Section B – Supplies Services Pricing – Page 6

Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR.

(End of Section B)

Section K – Page 1

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.222-38 Compliance With Veterans' Employment Reporting Requirements FEB 2016

52.223-1 Biobased Product Certification MAY 2012

52.223-4 Recovered Material Certification MAY 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

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

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

Section K – Page 2

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs

(a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,''

``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled

``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract.

(d) Disclosure. 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.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal

Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a

Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment

Section K – Page 3 reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

Section K – Page 4

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is 750 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

Section K – Page 5

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-

5.

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(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

https://www.acquisition.gov/

Section K – Page 7

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).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

Section K – Page 8

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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 appeal rights.

(ii) 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. Sec. 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.

Section K – Page 9

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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.

(iv) 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).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Section K – Page 10

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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 https://www.acquisition.gov/

Section K – Page 11

(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.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

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…