W912DR-11-T-0070 CANISTEO DEPOSIT.pdf

US ARMY CORPS OF ENGINEERS BALTIMORE DIS

10 SOUTH HOWARD STREET

BALTIMORE MD 21201-2536

UNDER DPAS (15 CFR 700)

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W912DR-11-T-0070 15-Jul-2011

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410-962-2197

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12:00 PM 29 Jul 2011

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W912DR-11-T-0070

Section SF 1449 - CONTINUATION SHEET

BID SCHEDULE

DEPOSIT REMOVAL

LOCAL FLOOD PROTECTION PROJECTS

HORNELL, NEW YORK

GENERAL BID SPECIFICATIONS

PRICES/COSTS

The Contractor, as an independent Contractor and not as an agent of the Government, shall furnish all labor, supervision, materials, equipment and supplies to perform work in accordance with the specifications of the contract.

ITEM DESCRIPTION QTY UNIT PRICE AMOUNT

0001 Deposit Removal (Canisteo River) 7000 CY $__________ $________

Total Items $________

STATEMENT OF WORK

I. STATEMENT OF WORK

1. Statement of work: The Contractor shall provide all labor, supervision, materials, equipment and supplies to complete the following:

Deposit Removal:

1. Remove and properly dispose of deposits at Canisteo River immediately downstream of Cedar Street Bridge and confluence with Crosby Creek. Restore channel to as built lines and grades. Restore channel banks to original slope at the Crosby Creek confluence to coincide with existing rip-rap protection. Work shall be done during low flow conditions as directed by the Contracting Officer Representative (COR).

II. SPECIAL CONDITIONS

1. Site Inspections: For the benefit of prospective bidders, a site inspection is highly recommended. Please contact the Construction Control Representative, Mr. Leon Skinner at

(607) 692-3915, for the date and time of the pre-bid site meeting. As built drawings are available for review at the site inspection or upon request. Maps of area included. (See attachments)

2. Commencement of Work: The start date will be within 30 days of award and coordinated with the Construction Control Representative. Work will be completed no later than 12 months from award.

3. Performance of Work: The Contractor shall perform work only during normal Corps of

Engineers duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday, excluding national holidays). Exceptions to this condition must be coordinated with and approved in advance by the Operations Manager, Susquehanna River Project.

4. Accident Prevention: In performing this contract, the Contractor shall comply with all current Federal, State and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-1-1, and shall comply with any subsequent changes.

The Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 may be found on the World Wide Web at http://www.hq.usace.army.mil/ceso/cesopub.htm. Prior to commencement of work under this contract, the Contractor shall furnish the following for approval by the Government:

a. Hazard Analysis Plan Section I, Article 01.A.06, EM 385-1-1, dated 03 Sep 96

b. Accident Prevention Plan Section I, Article 01.A.07, Em 385-1-1, dated 03 Sep 96

c. Activity Hazard Analyses Section I, Article 01.A.09, EM 385-1-1, dated 03 Sept 96

5. Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. If instructed so, the Contractor shall complete forms furnished, and/or provide a written description of the incident within 24 hours of notification to do so.

6. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Construction Control Rep. The Contractor shall hold and save the Government, its officers and agents free and harmless from liability of any nature occasioned by the Contractor’s performance.

7. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment and materials that are not property of the Government. Upon completing the work, the Contractor shall restore the work area to the original condition, satisfactory to the Contracting Officer.

8. Environmental Protection: The Contractor is required to comply with all Federal, State and

Local environmental regulations.

9. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State and Local laws and regulations and shall comply with any subsequent changes.

10. MANPOWER REPORTING:(a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents (CMEs)) in support of the Army, pursuant to 10 U.S.C.129a, 10 U.S.C.2461(g), Section 343 of P.L.106-65, and 32 CFR 668. Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site: https://cmra.army.mil/.

Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army’s objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an "all or nothing" requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

11. Records and Reports: In addition to the administrative requirements dictated elsewhere in this contract, the Contractor shall complete a Daily Construction Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Amount of sediment removed (cubic yards) shall be submitted at the completion of the contract. Forms will be distributed at pre-work conference.

12. Superintendent: The Contractor shall act as, or provide a Superintendent who is responsible for quality control whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the administration of the entire contract. Such authorization shall be submitted in writing to the Government representative. The Superintendent shall deal directly with the designated, for normal day-to-day administration of the contract provisions. Superintendent’s (s) will be required to attend pre-work conference prior to commencing work under this contract.

13. Project Operation: The Hornell LFPP is a flood control project and the Contractor’s access to the work area and the execution of the requirements specified herein shall not interfere with the daily operations of the projects or employees. It is the responsibility of the Contractor to coordinate all work with Mr. Skinner.

NTRACT ADMINISTRATION DATA

1. Contracting Officer’s Representative: The authorized representative of the Contracting Officer (COR) for this acquisition contract is:

George A. Bielen, P.E.

Susquehanna River Project 306 Railroad St. 2nd Floor (Rear) Danville, PA 17821 Telephone: (570) 275-9505 Facsimile: (570) 275-9526

2. Submission of Invoices:

(a) Original invoices for services performed under this contract will be submitted to:

U.S. Army Corps of Engineers 306 Railroad Street, 2nd Floor Rear

Danville, PA 17821 Attn: Andi Griffith

(b) Payment will be made by:

USACE Finance Center ATTN: EFT/Disbursing 5720 Integrity Drive Millington, TN 38054-5005

3. Payment: Payment will be made per cubic yards of material removed upon completion and acceptance of work performed. The Contractor shall submit an invoice for payment of contract services performed within five days after notification of acceptance of work.

Invoice shall include the following information:

(a) Contractor's name, mailing address and telephone number

(b) Contract Identification Number

(c) Date invoice is prepared

(d) An itemized description of charges which will include:

(1) Project location of work

(2) Work period (start and ending dates)

(3) Actual work performed

(4) Invoiced amount per contract payment schedule

QUALITY ASSURANCE SURVEILLANCE

Southern New York Flood Protection Projects Quality Assurance Surveillance Plan (QASP)

For Hornell, New York LFPP’s

INTRODUCTION:

1.1. Purpose. The role of the government in quality assurance is to ensure contract standards are achieved. The purpose of the QASP is to identify the methods and procedures the government will use to evaluate contractor actions while performing the requirements in the contract specifications. It is designed to provide an effective surveillance method by monitoring contractor performance for each service listed in the contract specifications for the subject contract.

1.2. The QASP provides a systematic method to evaluate the services the contractor is required to provide. The QASP is based on the premise that the government desires to maintain a high quality standard for services for which it has contracted.

1.3. This QASP has been developed by the requiring activity, Corning LFPP. It is designed to provide direction to personnel performing “on the ground” contract administration and quality assurance. Personnel monitoring the contract terms, conditions, and specifications will periodically review the QASP throughout the life of the contract.

2.0. ROLES AND RESPONSIBILITIES:

2.1. Contracting Officer Representative (COR). The COR is responsible for quality assurance guidance and to ensure that contract quality requirements, specifications, standards, and thresholds are defined, practical, enforceable, necessary, and verifiable.

2.2. The COR evaluates and documents contractor performance in accordance with the QASP and contract specifications. The COR will utilize Quality Assurance Evaluators (QAE) to perform the hands on day to day quality surveillance of the contractor. QAE’s are nominated by the COR, subject to Contracting Officer approval and designation. COR’s may utilize other surveillance support personnel as authorized in AR 70-13.

2.3. The COR informs the contractor of the names, duties, and limitations of authority for all quality assurance personnel assigned to the contract.

2.4. The COR notifies the Contracting Officer of any significant performance deficiencies.

2.5. The COR maintains surveillance documentation and recommends improvements to the QASP throughout the life of the contract.

2.6. Contracting Officer (KO). The Contracting Officer is responsible to safeguard the interests of the United States in contractual relationships. Only the contracting officer is authorized to bind the government and then, only to the extent of the authority delegated to them through the issuance of a warrant.

2.7. The KO delegates authority for inspection and/or acceptance in accordance with terms of the contract.

3.0. DESCRIPTION OF SERVICES:

3.1. Scope of Work. The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items necessary to provide Deposit Removal at the Hornell, N.Y. LFPP.

4.0. QUALITY REQUIREMENTS:

4.1. Quality Control Program. The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract.

4.2. The quality control program is the driver for quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program, discussed and agreed to at the beginning of the contract, provides the measures needed to lead the contractor to success.

4.3. Once the quality control program is accepted, careful application of the process and standards presented in the remainder of this document will ensure a consistent quality assurance program.

5. SURVEILLANCE:

5.1. Surveillance Schedule. The Contracting Officer Representative (COR) will work with assigned quality assurance evaluators to develop a surveillance schedule. Changes to the surveillance schedule will be discussed in advance with COR. Surveillance documentation will be kept in the official electronic contract file and/or the official hardcopy contract file.

a) Surveillance Methods. This QASP will incorporate 100% inspections as the approach to ensure the contractor complies with the contract requirements. Re-performance is the preferred method of correcting any unacceptable performance.

b) Validated Customer Complaint. This contract will be inspected for quality assurance using the validated customer complaint surveillance method. Anyone who observes unacceptable services, either incomplete or not performed, should immediately contact the COR. The COR will conduct an investigation to determine the validity of the complaint. If the COR determines the complaint to be valid, the COR will document the findings and notify the customer and the contractor. The COR will retain a copy of the written complaint for the government’s files. If the complaint is valid, the contractor will be given the opportunity to correct the defect.

c) 100% Inspection: 100% inspection will be utilized for this contract and will be noted as follows: 100% inspections will be utilized for all projects. This type of surveillance overrides periodic surveillance. However, validated customer complaints are still utilized. Under the 100% surveillance method all contract performance requirements are inspected for quality assurance at every occurrence within the contract schedule.

d) Surveillance Team. The surveillance team consists of the following key players:

Contracting Officer Representative, Contracting Officer, Contract Administrator, and Quality Assurance Evaluators.

e) Unacceptable Performance. If the number of complaints/defects exceeds the performance threshold for any requirement, the COR will determine the possible cause of this unacceptable performance. Government-caused complaints/defects shall not be counted against the contractor. The same applies to any other requirement of the contract when Government-caused complaints/defects are the cause of unacceptable contractor performance. If the contractor’s performance is judged unacceptable by the COR for any requirement, the COR will inform the contractor’s on-site representative, and request acknowledgement of the unacceptable performance. Unacceptable performance will normally result in the contractor being required to re-perform the unacceptable work. If the work is not able to be re-performed according to specification, the COR will consult with the Contracting Officer to determine the appropriate resolution.

If the contractor disputes the results of surveillance, the COR must refer the contractor to the contracting officer for resolution.

f) Revisions. Revisions to this QASP are the responsibility of the requiring activity.

However as a result of partnering with the contractor, surveillance checklists may be revised jointly by COR personnel and contractor personnel. The Contracting Officer must approve any revisions that are significant enough in nature to impact the quality expectations of the contractor.

6. DOCUMENTATION REQUIREMENTS:

6.1 The COR is responsible for maintaining a Surveillance Folder at a designated location either hardcopy or electronic, which may also be a part of the COR’s official contract file.

The following information should be contained in the Surveillance Folder:

a. QASP

b. Contractor’s Quality Control Plan, if required.

c. Contract Documents, to include the contract, specifications, modifications, and delivery orders.

d. Appointment Letters and Training Certificates of the COR and other Surveillance

Personnel if applicable.

e. Surveillance Checklists/Inspection Forms.

f. Quality Assurance Surveillance Schedules, if applicable.

g. Corrective Action Notes/Log

h. Invoice and payment documents

i. Meeting Minutes/Memo’s/Miscellaneous Correspondence

7. PERFORMANCE REQUIREMENTS SUMMARY: This summary identifies critical success factors for the contract. It identifies both the performance objectives for those factors and the performance threshold required for each performance objective. The Government reserves the right to inspect all services called for in the contract to determine whether or not the performance objectives and goals were met. The Performance Requirements Summary is an integral part of the QASP.

Performance Objective

Performance Standard Performance

Threshold Disincentive Incentive

Deposit Removal !00% of sediment removed from project.

Channel restored to as-built lines and grades

90% of deposits removed from project.

20% of invoice deduction or re-performance for failing to meet the performance threshold

Full payment of invoice

Report Submittals Required reports/invoices are submitted within designated timeframe

Required reports/invoices are submitted within designated timeframe 95% of the time

5% deduction from invoice for failure to meet the performance threshold

Full payment of invoice

Safety Maintained during operations

No accidents or incidents due to contractor’s failure to take safety precautions

No accidents or incidents due to contractor’s failure to take safety precautions

5% deduction from invoice for safety violation.

Full payment of invoice

*The absence of any contract requirement from the PRS shall not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract including the clauses entitled “Inspection of Services” and “Default”.*

7.1 Performance Evaluation and Re-Performance. Performance of a service will be evaluated to determine whether or not it meets the performance threshold.

Re-performance is the preferred method of correcting any unacceptable performance. The contractor shall provide the Government written or verbal response why the performance threshold was not met, how performance will be returned.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

MAY 2011

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Past Performance (provide 3 references) Technical (provide example of projects connected to reference)

Technical and past performance, when combined, are of relative importance.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (o) 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 on ORCA.]

(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, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ------------. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

(10) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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 [squ] is, [squ] 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 [squ] is, [squ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 Act--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 Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-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, 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 Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

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

Line Item No.

[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 Act-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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-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 Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) 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)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

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

Other End Products:

Line Item No. Country of Origin

(List as necessary)

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. 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). The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) 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 $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 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.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 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.

(C) 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.

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