Amendment_0001_to_W912DW16Q0017.pdf

W912DW-16-Q-0017

W68MD951886360

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

a. The purpose of this amendment is to replace the Solicitation Package in its entirety as attached (Revised Solicitation Package Amendment 0001).

b. The closing time and date of the solicitation remain unchange at 02:00 PM, Pacific Time, 16 February 2016.

c. All other terms and conditions of the solicitation remain unchanged.

d. NOTICE TO OFFERORS: Offerors must acknow ledge receipt of this amendment by number and date on offer.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 1

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

16C. DATE SIGNED

BY 14-Jan-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DW-16-Q-0017

X 9B. DATED (SEE ITEM 11)

13-Jan-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14-Jan-2016

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW-16-Q-0017-0001

REVISED SOLICITATION PACKAGE (Amendment 0001)

INSTRUCTIONS TO OFFERORS

Introduction: Your firm is invited to submit a proposal in response to this Request for Quote (RFQ) No. W912DW-16-Q-0017, titled “Domestic Whole-house Filter (WHF) Systems for Groundwater at Moses Lake Wellfield Superfund Site” located in Moses Lake, WA.

1. NOTE: Site visit is deemed unnecessary and will not be provided.

REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE

COMPLETED BY QUOTERS AND RETURNED WITH OFFERS:

The contractor receiving an award is required to be registered in the SAM (System for Awards Management)

PROSPECTIVE OFFERORS: Contractors are required to be registered in the System for

Awards Management (SAM) for awards resulting from solicitations.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment. Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER

INELIGIBLE FOR AWARD.

The web site may be accessed at www.sam.gov

The offeror/quoter must provide pricing for all items in the solicitation for its quote to be acceptable to the Government. All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments. The offeror should list any special features or warranty information applicable to the quoted product(s).

5. QUOTE (PROPOSAL) COMPOSITION AND SUBMISSION

General Requirements: Proposals must set forth full, accurate, and complete information as required by this Request for Quote (RFQ). Absence of information demonstrates the lack of support for a criterion.

Proposals shall contain only data essential for evaluation of proposals to expedite both the RFQ proposal preparation and evaluation. Data submitted must reflect the Offeror’s interpretation of criteria contained in the RFQ (See 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)) http://www.sam.gov/

Submit your proposal in two parts: (a) Technical proposal, and (b) Price proposal. Submit each part in a separate envelope or package with the type of proposal (e.g., technical or price) clearly printed on the outside of the envelope or package.

Proposals are to be on 8-1/2 x 11-inch paper, to the maximum extent practicable, and submitted in standard letter (8-1/2 x 11-inch) hardback loose-leaf binders. Contents of binders shall be appropriately tabbed and labeled corresponding to the proposal table of contents, affording ease of identification.

Reference FAR Clause 52.204-4(b) Printed or Copied Double-Sided on Recycled Paper. In accordance with Section 101 of Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, the Contractor is encouraged to submit paper documents, such as offers, letters, or reports, that are printed or copied double-sided on recycled paper that meet minimum content standards specified in Section 505 of Executive Order 13101, when not using electronic commerce methods to submit information or data to the Government.

Number pages consecutively. There shall be no consideration of information incorporated by reference or reiteration of the RFQ. Proposal presentation shall be in a manner which allows it to “STAND ALONE” without need for evaluators to reference other documents. It is allowable to combine arrangements, layout plans, and notes on single sheets in order to simplify presentation, so long as there is maintenance of clarity. Elaborate brochures or other presentation materials beyond those sufficient to present complete and effective responses are unnecessary and may give the appearance of an Offeror’s lack of cost-consciousness. Elaborate artwork, expensive paper and bindings, and expensive/extensive visual aids and other presentation aids are neither necessary nor wanted. Penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

Offerors are required to meet ALL solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section and the Basis of Award of the solicitation at or before the exact time specified in the solicitation. There will be no public opening of the proposals received as a result of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award.

6. PROPOSAL SUBMITTALS

Proposals must be received no later than 16 February 2016, 02:00PM (Pacific Time). Plainly mark the proposal package “Proposals for Solicitation Number:

W912DW-16-Q-0017, DO NOT OPEN”

Hand-delivery / Fed-Ex / UPS or other commercial carrier:

Tam Huynh - Contract Specialist, Building 1202 (Oxbow Building) U.S. Army Corps of Engineers, Seattle District

CECT-NWS-C

4735 E. Marginal Way S, Building 1202 Seattle, WA 98134-2388

Mail:

Tam Huynh – Contract Specialist U.S. Army Corps of Engineers, Seattle District

CECT-NWS-C PO Box 3755 Seattle, WA 98124-3755

Note: Commercial carriers will not deliver proposals to P.O. Boxes.

ATTENTION: Due to heightened security, the method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building lobby to deliver your Offer, Bid or Proposal. Please allow sufficient time to allow for heightened security at Government installations and to get to Building #1202. Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building. From there, you will be directed to the USACE Oxbow Building (#1202) which sits behind the Federal Center South Building. Allow additional time.

Report to the Security Desk in the lobby of the USACE Oxbow Building and call Tam Huynh, Contract Specialist, at 206-764-3781, Bobbie Weitzel, Procurement Technician, at 206-764-6692, or Sonia Frees, Procurement Technician, at 206-764-3516. A Contracting representative will come down and accept your Offer, Bid or Proposal.

Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your Offer, Bid, or Proposal has arrived on time.

The clock located in the lobby of the USACE Oxbow Building, across the guard desk will establish official time.

A proposal is not received by the Government until it is in the physical possession of a representative of the Contracting office. Security guards and other non-contracting personnel are NOT authorized to accept proposals on behalf of the Government. See FAR 52.215-1 for rules concerning late proposals.

7. TECHNICAL PROPOSAL FORMAT:

Technical Proposal:

• Submit One (1) Original (marked “ORIGINAL”) and one (1) Copy (marked “COPY)”.

• Additionally, submit One (1) Electronic Copy in PDF on a CD.

• Number pages consecutively, from beginning to end. Do not repeat numbering for new sections.

• The technical proposal should include (1) a cover letter, (2) a table of contents, and (3) required technical data for evaluation. A description of each is as follows:

a) Cover Letter: The technical proposal cover letter should be the first page of the technical proposal and must contain the following:

a) Solicitation Number

b) Vendor Legal Name

c) Listing of any alternate business names or d/b/a (doing business as)

d) CAGE Code and DUNS Number

e) Tax Identification Number

f) Mailing Address

g) Physical Street Address

h) Principal Office Location (City, State and Zip)

i) Acknowledgement of all “amendments” by number and date of issue.

j) Statement the Offer is acceptable for a period of 90 calendar days from the date of submission.

k) Person(s) authorized to negotiate on Offeror’s behalf with the Government for this solicitation:

a. Name

b. Title

c. Phone Number (also include Cell Number)

d. Email address

b) Table of Contents: The Table of Contents shall list all sections contained in the technical proposal.

Provide a separate section for each evaluation criterion. Any additions or revisions to the proposal shall include an updated Table of Contents for each set.

c) Technical Data for Evaluation: The Technical Data section shall consist of all information stated at FAR Clause 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)) This section shall be specific and complete, demonstrating a thorough understanding of the requirements. It shall include, where applicable, diagrams and/or charts. It shall include complete explanations of procedures and proposed programs, as well as the demonstration of the merit of the offered technical approach. It shall demonstrate all criteria requirements. It shall be an orderly, specific, and complete document in every detail.

8. PRICE PROPOSAL FORMAT:

Price Proposal:

• Submit One (1) Original (marked “ORIGINAL”) and One (1) Copy (marked “COPY”).

• Additionally, submit One (1) Electronic Copy in PDF on a SEPARATE CD.

• An official authorized to bind your firm must sign the price proposal. Price Proposal should indicate a proposal acceptance period of 90 calendar days from the date of submission

• Submit the price proposal at the same time as, but separate from the technical proposal.

• The price proposal and requisite forms should include the following:

a) Acknowledge all amendments (SF 30) (if any)

b) Corporate Certificate

c) Pricing Schedule

d) Representations, Certifications and Other Statements of Offerors (Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled “System for Award Management” (SAM) and that all information required is current and up to date.

https://www.sam.gov/portal/public/SAM/) https://www.sam.gov/portal/public/SAM/

PRICE SCHEDULE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Year

Task 1. Project Management. Note: payment will be made as invoices are submitted and approved.

FOB: Destination

PURCHASE REQUEST NUMBER: W68MD951886360

FFP

NET AMT

0002 10 Each Base Year

Task 2. Maintenance of WHF Systems. Per each WHF system (i.e., a single WHF system installed at a residence) per year.

FOB: Destination

0003 160 Hours Base Year

Task 3. Repairs

0004 1 Each Base Year

Task 4. Installation of first additional WHF system (Per each WHF system)

0005 1 Each Base Year

Task 5. Installation of secon additional WHF system (Per each WHF system)

0006 12 Each OPTION Base Year

Optional Task 1: Removal of existing WHF systems.Note: Per each WHF system (i.e., a single WHF system removed at a residence).

1001 1 Job OPTION Option Period 1

Task 1. Project Management. Note: payment will be made as invoices are submitted and approved.

1002 10 Each OPTION Option Period 1

Task 2. Maintenance of WHF Systems. Per each WHF system (i.e., a single WHF system installed at a residence) per year.

1003 160 Hours OPTION Option Period 1

Task 3. Repairs

1004 1 Each OPTION Option Period 1

Task 4. Installation of first additional WHF system (Per each WHF system)

1005 1 Each OPTION Option Period 1

Task 5. Installation of secon additional WHF system (Per each WHF system)

1006 12 Each OPTION Option Period 1

Optional Task 1: Removal of existing WHF systems.Note: Per each WHF system (i.e., a single WHF system removed at a residence).

2001 1 Job OPTION Option Period 2

Task 1. Project Management. Note: payment will be made as invoices are submitted and approved.

2002 10 Each OPTION Option Period 2

Task 2. Maintenance of WHF Systems. Per each WHF system (i.e., a single WHF system installed at a residence) per year.

2003 160 Hours OPTION Option Period 2

Task 3. Repairs

2004 1 Each OPTION Option Period 2

Task 4. Installation of first additional WHF system (Per each WHF system)

2005 1 Each OPTION Option Period 2

Task 5. Installation of second additional WHF system (Per each WHF system)

2006 12 Each OPTION Option Period 2

Optional Task 1: Removal of existing WHF systems.Note: Per each WHF system (i.e., a single WHF system removed at a residence).

3001 1 Job OPTION Option Period 3

Task 1. Project Management. Note: payment will be made as invoices are submitted and approved.

3002 10 Each OPTION Option Period 3

Task 2. Maintenance of WHF Systems. Per each WHF system (i.e., a single WHF system installed at a residence) per year.

3003 160 Hours OPTION Option Period 3

Task 3. Repairs

3004 1 Each OPTION Option Period 3

Task 4. Installation of first additional WHF system (Per each WHF system)

3005 1 Each OPTION Option Period 3

Task 5. Installation of second additional WHF system (Per each WHF system)

3006 12 Each OPTION Option Period 3

Optional Task 1: Removal of existing WHF systems.Note: Per each WHF system (i.e., a single WHF system removed at a residence).

4001 1 Job OPTION Option Period 4

Task 1. Project Management. Note: payment will be made as invoices are submitted and approved.

4002 10 Each OPTION Option Period 4

Task 2. Maintenance of WHF Systems. Per each WHF system (i.e., a single WHF system installed at a residence) per year.

4003 160 Hours OPTION Option Period 4

Task 3. Repairs

4004 1 Each OPTION Option Period 4

Task 4. Installation of first additional WHF system (Per each WHF system)

4005 1 Each OPTION Option Period 4

Task 5. Installation of secon additional WHF system (Per each WHF system)

4006 12 Each OPTION Option Period 4

Optional Task 1: Removal of existing WHF systems.Note: Per each WHF system (i.e., a single WHF system removed at a residence).

CLAUSES/PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996

52.237-3 Continuity of Services JAN 1991 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

1. Basis of Award

This Section will explain the evaluation factors for award. The objective of this evaluation is to award a contract to the responsible offeror whose proposal is determined to be the best value to the Government using the “Lowest Price Technically Acceptable” source selection process. This acquisition will result in the award of a firm-fixed price, service contract.

The technical evaluation of each proposal will be solely on the basis of Technical Evaluation Factors found in this section. The Government will evaluate each proposal on a technically acceptable/unacceptable basis only with respect to the technical evaluation factors (criterion) described herein. Award will be to the Offeror who presents the technically acceptable proposal with the overall total lowest price. It is the intent of the Government to award off initial offers without discussions.

2. PROPOSAL EVALUATION

i. Technical Evaluation: Acceptability will be based on factors receiving an acceptable rating. The proposal will be evaluated according to the CRITERIA for Non-Price Evaluation Factors as follows:

FACTOR A: Submission Requirements for Factor A (Relevant Experience):

Offeror shall submit a brief narrative that addresses Criterion 1 and Criterion 2 below. For Criterion 1, the Contractor shall describe at least three relevant projects but no more than five project examples. Narrative for each project should be less than two pages.

Total pages for submission shall be < 10 pages. Evaluation ratings are described in Table 1.

Criterion 1: The Offeror shall describe at least three relevant projects where the Offeror has installed, maintained, and removed whole-house water filtration systems in a residential setting, and the filtration system was designed to treat hazardous contaminants such as solvents (for example, trichloroethene) in drinking water. In addition, the Offeror shall describe his experience with having spent filtration media analytically tested, and then either recycled or disposed. The Offeror shall describe how plumbing and electrical work either has been, or would be, accomplished by the Offeror, such as through in-house capability or through sub- contractors, including approach to emergency and non-emergency repairs. Projects descriptions shall include title and location; total dollar value of the project; beginning and end dates for the project; and what components of the project were performed by the Offeror or by a sub-contractor. Projects shall have been completed within the last five years from the proposal due date, or be at least 50% complete at the time of the Offeror’s response.

Experience in eastern Washington State may be evaluated more favorably.

Please note that if the project listed above is in progress, the Offeror must demonstrate in the detailed description that the project is at least 50% complete.

Criterion 2: The Offeror shall also include calculations demonstrating his/her filtration system’s ability to treat both anticipated influent contaminant loading (assume 8 µg/L TCE) and influent flow (600 gallons per day) to achieve <3.5 µg/L TCE in the effluent.

Note that the definition of relevant is having a logical connection with the requirements in this request for proposal; that is, featuring work that is similar in nature, magnitude, and complexity to the current requirement.

TABLE 1: FACTOR A - RELEVANT EXPERIENCE EVALUATION RATINGS

Rating Description

Acceptable

The proposal provides the information required for Criterion 1 for at least three relevant projects completed within the last five (5) years, and the proposal includes calculations (Criterion 2).

Unacceptable

The proposal does not provide the information required for Criterion 1 for at least three relevant projects completed within the last five (5) years, and the proposal does not include calculations (Criterion 2).

FACTOR B - Past Performance of the Prime Contractor:

Offerors need not submit documentation for this factor. Recent past performance information for the past two (2) years, from the date proposals are received, will be considered from the Past Performance Information Retrieval System (PPIRS) (www.ppirs.gov). PPIRS databases will be searched for past performance information for each Offeror since the rating process has allowed an opportunity for contractors to provide details on past performance problems and the corrective actions taken as the final rating.

The Government will evaluate an Offeror’s past performance based on a demonstrated record of performance. Past performance information is an indicator of an Offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. The past performance evaluation considers each Offeror’s recent and relevant record of performance in providing the construction services meeting the contract’s requirements. The Government is particularly interested in past performance information relevant to this proposed acquisition, with relevant being generally defined as projects similar in scope, size and complexity to that of the solicited project.

Ratings Method: The method of rating for Factor B shall be as follows:

• Acceptable: The average total of all ratings concerning relevant past performance on PPIRS evaluations is satisfactory or above, indicating moderate or better (low) performance risk.

• Unacceptable: The average total of all ratings concerning relevant past performance http://www.ppirs.gov/ on PPIRS evaluations is less than satisfactory, indicating an unacceptably high level of performance risk.

NOTE: In the case of an Offeror without a record of past performance or for whom information on past performance is not available; the Offeror’s past performance may not be evaluated as favorable or unfavorable. [Ref: FAR 15.305(a)(2)(iv)]. Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

(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 (NOV 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

http://www.acquisition.gov/

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) 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 https://www.acquisition.gov/ solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

Line Item No.: Country of Origin:

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

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

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

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

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