B.01.01 Combined Synopsis and Solicitation W912DQ20R1006.pdf

Section A - Solicitation/Contract Form

SYNOPSIS/SOLICITATION

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 included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is W912DQ-20-R-1006; this solicitation is a request for proposal. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-01 Effective 12 November 2019. This acquisition is for one (1) Firm Fixed price contract within the state of Missouri and will be procured as unrestricted. The North American Industry Classification System (NAICS) code is 813312, the business size standard is $16,500,000. The Product Service Code (PSC) is 9999. The Service Contract Act is applicable to this action.

The Kansas City District Corps of Engineers has the requirement to fulfill adverse impact factors for riverine systems requirements as stated in the July 2017 and September 2019 Supplemental Environmental Assessments (EA) for the Missouri River Levee System Units L-455 and R471-460 Flood Damage Reduction Study Kansas and Missouri as well as associated Finding of No Significant Impact Statements and Clean Water Act Section 404 (b)(1) Evaluations. One of the mitigation measures included in the L-455 Supplemental EA is to mitigate the unavoidable impacts to a jurisdictional stream (Browns Branch) within the project area utilizing an approved stream mitigation program in Missouri. One of the mitigation measures included in the R471-460 Supplemental EA is to mitigate unavoidable impacts to jurisdictional wetlands within the project area utilizing an approved mitigation bank in Missouri. The EA states that 7.5 acres of wetlands would be filled in Missouri and would be mitigated in-kind; 3.6 acres of forested and 3.9 acres of emergent wetland. The remaining mitigation measure regarding the R471-460 EA is the restoration of deciduous forest. The EA and associated habitat modeling indicates that 17.3 average annual habitat units (AAHUs) of deciduous forest would fully mitigate for implementation of project designs. This equates to approximately 22 acres of deciduous forest with a habitat suitability index (HSI) of no less than 0.8 based on the hairy woodpecker HSI species model.

If you have any questions please contact Michael McCue, michael.l.mccue@usace.army.mil , 816- 389-2244.

Proposals/offers shall be submitted in PDF. Proposals/offers shall be submitted via e-mail to michael.l.mccue@usace.army.mil , 816-389-2244, no later than 14:00 Central Time, on January 21, 2020.

All proposals/offers shall reference project name “Mitigation: Stream and Wetland Credits, and Deciduous Forest” and solicitation number W912DQ-20-R-1006 in the subject line. All offers must be good for at least 90 days from proposal due date.

Notice to Offerors:

FAR 52.212-2, Evaluation – Commercial Items, does apply to this acquisition. In accordance with FAR 13.106, the solicitation will be awarded to the offeror providing the most advantageous proposal, the Government reserves the right to award to other than lowest price. Offers will be evaluated on technical capability and price.

Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its proposal. This provision is included in Section K of this combined synopsis/solicitation. If the offeror has up-to-date representations and certifications in the System for Award

Management (SAM) website, then this completed provision is not required to be submitted with the offeror’s proposal.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items, does apply to this acquisition with no addenda to the provision.

All offerors are required to be registered in beta.SAM.gov for their System Award Management (SAM) active record and registration.

PLEASE NOTE: SAM.GOV procedures have been changed as of 8 November 2019. Interested vendors must go to beta.SAM.gov to register in SAM and to review current notices or announcements.

The beta System for Award Management (SAM) is a Federal Government owned and operated free web site.

If you are a small business needing assistance with registering or help with navigating through the website you may contact the Association for Procurement Technical Assistance Centers for help with actions such as beta.SAM.gov registration.

Their website is : http://www.aptac-us.org/

Just click on your state of residence for local office. This is a free service.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling (866) 606-8220.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Stream Mitigation Credits

FFP

Number of Stream Mitigation Credits necessary for Missouri is 306 credits. Credits must meet requirements of specifications referenced in the attached Scope of Work.

FOB: Destination

NET AMT

0002 1 Job Forest Mitigation Acres

FFP

Number of Forest Mitigation Acres necessary for Missouri is 22 acres with a no less than 0.8 HIS value. The Forest Mitigation Acres must meet requirements of specifications referenced in the attached Scope of Work.

0003 1 Job Emergent Wetland Credits

FFP

Number of Emergent Wetland Credits necessary for the base contract in Missouri is 7.5 credits. Credits must meet requirements of specifications referenced in the attached Scope of Work.

0004 1 Job OPTION Emergent Wetland Credits

FFP

Number of optional Emergent Wetland Credits necessary for Missouri is 1.2 credits. Credits must meet requirements of specifications referenced in the attached Scope of Work.

0005 1 Job OPTION Emergent Wetland Credits

FFP

Number of optional Emergent Wetland Credits necessary for Missouri is 1.2 credits. Credits must meet requirements of specifications referenced in the attached

0006 1 Job OPTION Emergent Wetland Credits

FFP

Number of optional Emergent Wetland Credits necessary for Missouri is 1.2 credits. Credits must meet requirements of specifications referenced in the attached

Section C - Descriptions and Specifications

SCOPE OF WORK

STATEMENT OF WORK

Mitigation: Stream and Wetland Credits, and Deciduous Forest

The Kansas City District Corps of Engineers has the requirement to fulfill adverse impact factors for riverine systems requirements as stated in the July 2017 and September 2019 Supplemental Environmental Assessments (EA) for the Missouri River Levee System Units L-455 and R471- 460 Flood Damage Reduction Study Kansas and Missouri as well as associated Finding of No Significant Impact Statements and Clean Water Act Section 404 (b)(1) Evaluations. One of the mitigation measures included in the L-455 Supplemental EA is to mitigate the unavoidable impacts to a jurisdictional stream (Browns Branch) within the project area utilizing an approved stream mitigation program in Missouri. One of the mitigation measures included in the R471-460 Supplemental EA is to mitigate unavoidable impacts to jurisdictional wetlands within the project area utilizing an approved mitigation bank in Missouri. The EA states that 7.5 acres of wetlands would be filled in Missouri and would be mitigated in-kind; 3.6 acres of forested and 3.9 acres of emergent wetland. The remaining mitigation measure regarding the R471-460 EA is the restoration of deciduous forest. The EA and associated habitat modeling indicates that 17.3 average annual habitat units (AAHUs) of deciduous forest would fully mitigate for implementation of project designs. This equates to approximately 22 acres of deciduous forest with a habitat suitability index (HSI) of no less than 0.8 based on the hairy woodpecker HSI species model. Refer to Deciduous Forest Requirements discussion later in the document for further details.

Number of Mitigation Bank Credits needed for Missouri: 306 stream mitigation credits, and 3.6 forested and 3.9 emergent wetland credits

Number of Deciduous Forest Mitigation acres needed: 22 acres with a no less than 0.8 HSI value.

Buyer: US Army Corps of Engineers

Project Name and Location:

Missouri River Levee System Units L-455 and R471-460 Flood Damage Reduction Study Kansas and Missouri; L-455 Unit Location (Lat: 39.723738, Long: -94.888040), R471-460 Unit Location (Lat: 39.749172, Long: -94.863373)

Levee Project description of impacts to be compensated by purchasing credits:

The Missouri River Levee System Units L-455 and R471-460 are a part of a federal flood-damage-reduction project. The L-455 sponsor is the South St. Joseph Drainage and Levee District (left descending bank) located in Buchanan County, Missouri. The R471-460 sponsors are located in Buchanan County, Missouri and Doniphan County, Kansas and include the Elwood-Gladden Drainage District (right descending bank Kansas) and St. Joseph Airport Levee District (right descending bank, Missouri). The total project area extends on opposite sides of the river from approximately Missouri River Mile (RM) 456.5 to Contrary Creek near RM 437.3. Providing flood risk management for a flood prone areas near the cities of St. Joseph, Missouri and Elwood, Kansas.

Levee Unit L-455 was designed and constructed to provide flood risk management for a flow of 325,000 cubic feet per second (cfs) with two feet of freeboard plus one foot for dynamic effects such as super-elevation on the outside of bends. The levee freeboard was above the constant flow backwater profile of the original design hydraulics and included 0.15 foot per mile for the effect of a rising hydrograph. The protected area includes approximately 7,519 acres of which about 5,100 are cropland. The remainder of the protected area includes a state highway, several railroads as well as industrial, residential, and recreational areas located in the southwest sections of the city of St. Joseph.

All practicable measures to avoid and or minimize adverse environmental impacts have been incorporated into Levee Unit L-455 project designs. At the confluence of the Brown’s Branch tributary with the Missouri River a drainage structure would be built consisting of two precast concrete box culverts with two sluice gates and two flap gates. This structure would prevent backflow up Brown’s Branch during high-flow events along the Missouri River preventing the need to raise the two levees adjacent to Brown’s Branch. There would also be a stop-log structure across railroad tracks at approximately station 7+31 to 5+82. The Missouri Stream Mitigation Method (MSMM) indicates that the project will create 204 impact debits to Brown’s Branch with the addition of the concrete box culvert gates. To mitigate for the stream impacts of the gates on Brown’s Branch, 306 credits from a certified mitigation bank within the closest watershed would be required. The mitigation bank must be approved in accordance with Compensatory Mitigation for Losses of Aquatic Resources; Final Rule; Federal Register, Volume 73, No 70 dated April 10, 2008. Best management practices would be utilized during construction to prevent any avoidable impacts to the aquatic ecosystem.

The R471-460 Levee Flood Damage Reduction project area encompasses 13,524 acres. This area includes 3,374 acres situated in the State of Missouri, which was cut off as a result of the 1952 flood and subsequent realignment of the Missouri River. The cut-off area is the former French Bottoms and contains Rosecrans Airport and Missouri Air National Guard Base and unincorporated rural ground. Project designs include a levee raise up to 3-feet along approximately

12.4 miles and seepage berms extending along the levee approximately 150-200 feet. Additional project features include drainage pipes, relief wells, conjoining ditch modifications, haul road/route improvements, a temporary creek crossing, mobilizing up to 1.6 million cubic yards of borrow, and constructing two backwater areas to compensate for borrow material taken from Missouri River Recovery Project lands. Project features would provide critical flood risk reduction and ensure continued economic viability of this area.

All practicable measures to avoid and or minimize adverse environmental impacts have been incorporated into R471-460 project designs. The project would result in clearing approximately 37 acres of deciduous forest on private lands (17.3 AAHUs) and filling of approximately 26 acres of wetland located on private ground along the levee to construct seepage berms.

Approximately 18.7 acres of these wetlands are located in Kansas. These impacts are considered unavoidable and therefore require appropriate mitigation. In accordance with USACE ER 1105-2-100, Planning Guidance Notebook; Implementation Guidance for Section 1162 of the Water Resources Development Act of 2016 (WRDA 2016), Fish and Wildlife Mitigation;

Implementation Guidance for Section 1163 of WRDA 2016, Wetland Mitigation; Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR 1500- 1508); and the Clean Water Act mitigation is required to compensate for impacts to habitat and waters of the United States. Guidance requires that the service area of a mitigation bank, to the maximum extent practicable, shall be in the same watershed as the habitat impacted by the Civil Works project. This also applies to mitigation of wetland impacts within the state in which they incurred, thus wetland mitigation requirements for Kansas will be included in a separate Statement of Work. The mitigation bank must be approved in accordance with Compensatory Mitigation for Losses of Aquatic Resources; Final Rule; Federal Register, Volume 73, No 70 dated April 10, 2008. Best management practices would be utilized during construction to prevent any avoidable impacts to the aquatic ecosystem.

Deciduous Forest Requirements:

The in accordance with USACE EC 1105-2-412 Assuring Quality of Planning Models the hairy woodpecker HSI species model was used to assess the quality of deciduous forest that would be impacted by the project. The hairy woodpecker model uses the following variables to determine HSI values:

Number of snags greater than or equal to 25 cm diameter at breast height (dbh) per acre Mean diameter at breast height (dbh) of overstory trees (reproduction and cover) Percent canopy cover of trees Percent overstory pine canopy closure

Based on these four variables the more snags per acre, the larger the trees, and the denser the forest canopy cover and canopy closer, the greater the HSI value of the deciduous forest in relation to the model. A 22 acre area at a 0.8 HSI would equate to approximately 17.3 AAHUs of deciduous forest.

Thus, to achieve 0.8 HSI value within a 50 year timeframe the minimum variables shall include:

4 snags per hectare (2.5 acres) ≥25 cm dbh Mean dbh of overstory trees ≥25 cm dbh (reproduction and cover) ≥70% canopy cover of trees ≤ 10% overstory pin canopy

Monocultures of a single tree species would not be acceptable and would not provide a qualitative ecological values for mitigation. To replace the forest impacted by the project, the dominate species utilized shall include cottonwood, American sycamore, and silver maple. At a minimum three additional deciduous trees species is required and up to ten species is preferred. Tree species selection is vital to the development of the deciduous forest mitigation. Planting slow growth trees or trees that would not likely survive 50 or more years, such as ash trees that are susceptible to the emerald ash tree borer should be avoided. Additionally, spacing is also a critical component to ensure increased HSI values. Trees would need to be planted in densities to achieve canopy values, but not in densities that inhibit tree growth over a 50 year period. Refer to Table 1 for a list of tree species and associated growth factor estimates.

W912DQ20R1006

Table 1. Tree Growth Factor by Species

Species Growth Factor

≈ Size 50 years (in) ≈ Size 50 years (cm)

American elm 4 12.5 32 American sycamore 4 12.5 32 Cottonwood 2 25 64 Silver maple 3 16.6 42 Northern red oak 4 12.5 32 Pin oak 3 16.6 42

Note: Growth factors were developed by the International Society of Arboriculture.

The watershed area for Missouri mitigation banks are shown in the map below.

Missouri:

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-AUG-2020 1 N/A

0002 31-AUG-2020 1 N/A

0003 31-AUG-2020 1 N/A

0004 31-AUG-2020 1 N/A

0005 31-AUG-2020 1 N/A

0006 31-AUG-2020 1 N/A

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.211-5 Material Requirements AUG 2000 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 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

252.225-7048 Export-Controlled Items JUN 2013 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 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days prior to the delivery date.. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations System (FAR) http://farsite/hill.af.mil/VFFAR1.HTM

Defense Federal Acquisition Regulation Supplement http://farsite.hill.af.mil/VFDFAR1.HTM

Section K - Representations, Certifications and Other Statements of Offerors

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

AUG 2018

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

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

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.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which 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 its stock is owned by one or more women; or

(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 will 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.

(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.

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

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

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

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

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

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

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of 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

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

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

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

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

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge.