16Q0079.pdf

(1) Action Code. P

(2) Date. 28 July

(3) Year. 2016

(4) Contracting Office Zip Code. 98134

(5) Classification Code. 56

(6) Contracting Office Address. Contracting Division, Bldg 1202, 4735 East Marginal Way South, Seattle, WA 98134

(7) Subject: Materials for Emergency Repair of Startup Levee (Startup, WA) PL84-99

(8) Proposed Solicitation Number. W912DW-16-Q-0079

(9) Closing Response Date. 2 August 2016

(10) Contact Point or Contracting Officer. Sara Edwards 206-764-6070 email: Sara.Edwards@usace.army.mil

(11) Contract Award: TBD

(12) Contract Award Dollar Amount. TBD

(13) Contract Line Item Number(s). see attached schedule

(14) Contract Award Date. TBD

(15) Contractor. TBD

(16) Description. Materials for Emergency Repair of Startup Levee

(17) Place of Contract Performance. Startup, WA

(18) Set-aside Status. Total Small Business Set-aside

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is W912DW-16-Q-0079. The solicitation is issued as a Request for Quotation

(RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-80, effective 02 March 2015.

(iv) This requirement is 100% Small Business Set-aside and the associated NAICS code is 212319; the small business size standard is 500.

(v) A list of contract line item number(s) and items, quantities and units of measure, (including options) is provided below.

(vi) All services are to be awarded to the responsive, responsible offeror that provides the lowest price to the Government.

(vii) Services are to be performed in accordance with the provided Performance Work Statement.

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

(x) Offerors shall include a completed copy of the provision at 52.212-3 Alt 1, Offeror Representations and Certifications -- Commercial Items, with their offer.

(xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

(xii) The clause at 52.212-5 (Dev), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition

(xiii) W912DW-16-Q-0079 contains no additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply to this acquisition.

(xv) Offers are due on Tuesday, August 2, 2016 by 10:00 AM Pacific Time. All quote shall be accepted by e-mail and shall contain the RFQ No. W912DW-16-Q-0079 in the subject line and emailed to the following email address: Sara.Edwards@usace.army.mil.

(xvi) Sara Edwards is the individual to contact for information regarding this solicitation. Phone number 206-764-6070.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1415_195099 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1491_208953 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1771_248336 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1964_287738

W912DW-16-Q-0079

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Startup Emergency Repair (Materials)

Provide all labor and equipment necessary to acquire and deliver miscellaneous material(s) for Emergency Repair Startup Levee at Startup, Wa

*** NOTE: Reference Bid Schedule (Base Items).

FOB: Destination

FFP

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job OPTION Startup Emergency Repair (Materials)

Provide all labor and equipment necessary to acquire and deliver miscellaneous material(s) for Emergency Repair Startup Levee at Startup, Wa

*** NOTE: Reference Bid Schedule (Optional Items).

FFP

NET AMT

INSTRUCTION TO OFFERORS

INSTRUCTIONS

1.. MARKING OF QUOTES:

ENVELOPES SHALL BE PLAINLY MARKED AS FOLLOWS:

QUOTE FOR: Emergency Repair Startup Levee

(Startup, WA)

REQUEST FOR QUOTE NO.: W912DW-16-Q-0079

CLOSING DATE AND TIME: 2 August 2016, 10:00 AM. PACIFIC TIME

AMENDMENTS NUMBERED HAVE BEEN RECEIVED

Hand carried quote submittal procedures have changed. When dropping off all hand carried proposals, the official delivery location is now the guard station in the main foyer of Federal Center South, located at 4735 E. Marginal Way South where the official time clock is also located. Notify the guard on duty that you have a quote for Contracting Division. The point of contract will be notified and a representative from Contracting Division will sign in your package(s) and transport them to Contracting Division. Please allow sufficient time for these procedures when submitting hand carried quotes. All other quote submittal procedures remain the same.

3. Do not attempt to FAX quotes.

4. Register your firm in SAM (System for Awards Management)

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER INELIGIBLE

FOR AWARD.

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

5. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors; 2) Government Agencies, and 3) One time payments. The EFT forms and instructions are on the USACE Finance Center (UFC) Web Page; www.fc.usace.army.mil The UFC points of contact for this action are Ms. Nita Clower, 901/874-8542 and Mr. Michael Rye, 901/874-8543.

6. Award shall be made to the Responsive and Responsible Offeror with the Lowest Price.

b) Fill in all pricing information.

c) FAR Provision 52.212-3 Alt I OFFEROR REPRESENTATIONS AND CERTIFICATIONS (March 2012) – Must fill in all applicable blanks.

8. Ensure thefollowing is on your quote:

Federal Taxpayer’s ID Number DUNS Number Cage Code Number

SOW

SCOPE OF WORK

Emergency Repair Startup Levee (Startup, WA) PL84-99

Materials

1. MATERIALS REQUIRED:

Acceptance of Materials:

Materials will be inspected at the jobsite prior to acceptance/delivery. Contractor shall be responsible for maintaining gradation as specified. Materials test requirements maybe required if on site Corps of Engineers representative determines that materials being delivered does not meet the specification contained in this document.

There is no guarantee that all material will be utilized

LOCATION:

The project site is located near the corner of HWY 2/Stevens Pass HWY and 363rd AVE SE near Startup, WA.

2. METHOD OF DELIVERY:

All materials will be delivered using Solo Truck or Side Dump; Supplier must be able to provide a minimum of 750 tons of material per day.

3. STONE MATERIALS SPECIFICATIONS:

1. Each stone piece shall meet the following test requirements for quality:

Test Requirement

(1) Specific Gravity (BSSD) 2.60 minimum.

(ASTM C127-88(2001) (CRD-C 107)

(2) Absorption Not more than 3 percent

(ASTM C127-88(2001) (CRD-C 107)

(3) Abrasion Not more than 20 percent loss

(ASTM C131-96) (CRD-C 117)

(4) Accelerated Expansion

(CRD-C 148) Not more than 10 percent breakdown

(5) Magnesium Sulfate Soundness, 5 cycles (ASTM C88-99a) (CRD-C 137) Not more than 10 percent loss

(6) Drop Test No breakage or cracking

2. Laboratory Stone Testing. Previous test results may be requested to verify quality. The following represent test procedures specified recently on Corps projects to determine quality:

(1) Specific Gravity and Absorption: Weight per cubic foot will be determined by multiplying the bulk-saturated-surface-dry specific gravity (BSSD) times 62.4 pounds per cubic foot. Specific gravity and absorption will be determined in accordance with ASTM C127 (Corps of Engineers Testing Procedure CRD-C 107), modified as follows: The test sample will consist of about 5,000 grams of generally cubical pieces of stone passing the 2-inch and retained on the 1-1/2 inch standard square mesh sieve sizes. Test pieces will be laboratory prepared by jaw crushing and chipping. Test method permits a variance in reproduction of test results of 0.02 in BSSD specific gravity and 0.05 percent in percentage of absorption. This variance in specific gravity is equivalent to a variance of plus-or-minus 1.2 pounds per cubic foot in unit weights computed from the specific gravity.

(2) Abrasion: Abrasion loss will be determined in accordance with ASTM C131 (Corps of Engineers Testing Procedure CRD-C 117), modified as follows: Test sample will be of the same size and gradation as that described above for use in determination of specific gravity and absorption, the abrasive charge used will comply with that used in Grading “A", and the test sample will be subjected to 500 revolutions. The standard test method designated ASTM C535 (CRD-C 145) shall not be substituted for ASTM C131.

(3) Accelerated Expansion (15 Days): The test sample will be tested in accordance with Corps of Engineers Testing Procedure CRD-C 148, except as herein specified. Testing procedure for sample size in CRD-C 148 will be modified as follows: The test sample will be from 4,950 grams (10.83 pounds) to 5,050 grams (11.05 pounds) of 1-1/2 inch to 2 inch pieces. Test results will be computed by dividing the number of pieces that breakdown by the number of pieces in the original test sample. Failure or breakdown is defined as any piece separating into two or more pieces or losing sufficient surface material to allow it to pass through the 1-112 inch sieve. Maximum allowable breakdown is 10 percent over a period of 15 days. Weight loss based on the original oven dry weight will be recorded.

(4) Magnesium Sulfate Soundness: The test is based upon ASTM C88 (CRD-C 137). Test sample will be similar to that described above for use in determination of specific gravity and absorption. This test, which will be conducted through five cycles, which requires 2 to 3 weeks time for completion.

3. Physical Stone Testing by Drop Test. A drop test provides an immediate evaluation of the durability of very large stones during handling of the stone including placement into a structure. If requested, several representative test stones shall be dropped from a bucket or by other means from a height of not less than half the average diameter of the stone onto a rigid surface or second stone of comparable size. Dumping from a truck is not acceptable. The stone shall be examined carefully before as well as after the completion of the test.

Failure criteria are the development of new cracks, opening of old cracks, and the loss of a piece from the surface of the stone. Each stone that is to be tested shall be dropped a total of five times for evaluation purposes with examination after each drop. The Contractor shall provide all necessary equipment and operating personnel to help perform the testing. Drop tests shall be conducted by the Contractor under the supervision of the Contracting Officer.

Quarry Operations. Quarry operations shall be conducted by the Contractor in a manner that shall produce stone conforming to the requirements specified and may involve selected quarrying, handling, processing, blending, and loading as necessary. Blasting and handling of rock shall be controlled by the Contractor to produce rock of the size ranges and quality specified. Techniques such as the use of proper hole diameter, hole depth, hole angle, burden, and spacing distances, types and distribution of explosives, delay intervals and sequence, removal of muck piles between each shot, and special handling techniques are required as necessary to produce the specified materials. All aspects of blasting operations shall be specifically designed so that the end product is not damaged from the blasting technique and that the stone is suitable for the intended purpose.

Stone Gradation: Stone shall be Class V as specified below:

2-4 Ton Rock

Distribution Weight (lb) Diameter (in) 100% Smaller 1800 28-42

50% Size 750 22-28 90% Larger 350 17-23 10% Range 25-350 7-18

4’’ X 8” Spall Rock Percentage by Weight Passing Square-Mesh

Sieve

Sieve Percent Passing

8 inch 100 4 inch 0

All rock shall be sound, clean, angular, durable stone. Rounded rocks are not acceptable. The longest dimension of any stone shall not exceed three times its shortest dimension. Acceptability of stones will be determined by visual inspection, laboratory tests, and/or geologic inspection.

Topsoil

The topsoil for the project will consist of a 75/25 mixture of engineered soil and organic compost, respectively.

The engineered soil will meet the following gradation, and shall be free of roots, chemicals, garbage, and debris.

Engineered Topsoil

Sieve Size Percent Passing ½” 100

#4 75-100 #10 40-75 #16 25-55 #40 25-50

#200 10-20 All percentages are by weight.

1.25” Minus Crushed Quarry Stone

Los Angeles Wear, 500 Rev. 35% max.

Degradation Factor — Top Course 25 min.

Degradation Factor — Base Course 15 min.

Crushed surfacing of the various classes shall meet the following requirements for grading and quality when placed in hauling vehicles for delivery to the roadway, or during manufacture and placement into a temporary stockpile. The exact point of acceptance will be determined by the Engineer.

Base Course Top Course and Keystone Sieve Size Percent Passing 1¼″ square 100 1″ square 80-100 ⅝″ square 50-80 U.S. No. 4 25-45 U.S. No. 40 3-18 U.S. No. 200 7.5 max.

% Fracture 75 min.

Distribution Weight (lb) Diameter (in) 100% Smaller 8000 52-66

50% Size 6000 38-52 100% Larger 4000 22-30

All percentages are by weight. The fracture requirement shall be at least one fractured face and will apply to the combined aggregate retained on the U.S. No. 4 sieve in accordance with FOP for AASHTO TP 61.

Acceptance of Materials:

Materials will be inspected at the jobsite prior to placement. Contractor shall be responsible for maintaining gradation as specified. Materials test requirements maybe required if on site Corps of Engineers representative determines that materials being delivered does not meet the specification contained in this scope of work.

There is no guarantee that all material will be utilized

4. PERIOD OF PERFORMANCE: OR (COMMENCEMENT AND COMPLETION) Work shall commence on or about August 15, 2016 and completed on or about September 7, 2016.

5. SAFETY REQUIREMENTS: Operation of equipment shall be conducted in accordance with the requirements of EM 385-1-1, “Safety and Health Requirements Manual”. All personnel are required to have PPE in accordance with EM 385 1-1. All dump trucks are required to have backup alarms and tailgates. EM 385 1-1 can be found at http://www.usace.army.mil/publications/eng-manuals/em385-1- 1/toc.htm

6. SECURITY

Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the QAR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

7. INSPECTION AND SUPERVISION: All work shall be conducted under the direction of the Emergency Management Branch, Seattle District, Corps of Engineers.

8. WORK WEEK: Work week for delivery of materials will be Monday through Saturday unless otherwise directed by COE representative.

9. MAIL INVOICES TO: If Emergency Management prepares the invoice for the contractor, DO NOT mail copies to the Corps of Engineers nor to Millington TN. If the contractor prepares their own invoice, then mail original to:

Seattle District, Corps of Engineers

ATTN: CENWS-OD-EM

PO Box 3755 Seattle, WA 98124-3755

Payment will be based on the actual tonnage delivered as reflected by the US Army Corps of Engineers, Seattle District, and rental equipment record. Invoices will show actual quantity delivered, partial payments authorized, not all options for delivered rock materials may be authorized.

BID SCHEDULE

a) Base Amounts Bid Schedule

i) 6000 Tons of Class V Riprap

$_____________ per/ton X 6000 Tons = $_________________

ii) 3000 Tons of 2 - 4 Ton Stone

$_____________ per/ton X 3000 Tons = $_________________

iii) 2400 Tons of 4’’x8’’ Spall Rock

$_____________ per/ton X 2400 Tons = $_________________

iv) 500 Tons of 1.25” Minus Crushed Quarry Stone

$_____________ per/ton X 500 Tons = $_________________

v) 400 Tons of Topsoil

$_____________ per/ton X 400 Tons = $_________________

b) Option Amounts Bid Schedule

i) Up to an additional 1000 Tons of Class V Riprap

$_____________ per/ton X 1000 Tons = $_________________

ii) Up to an additional 1000 Tons of 2 – 4 Ton Stone

$_____________ per/ton X 1000 Tons = $_________________

iii) Up to an additional 500 Tons of 4”x8” Spall Rock

$_____________ per/ton X 500 Tons = $_________________

iv) Up to an additional 500 Tons of 1.25” Minus Crushed Quarry Stone

$_____________per/ton X 500 Tons = $_________________

v) Up to an additional 400 Tons of Topsoil

$_____________ per/ton X 400 Tons = $_________________

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-AUG-2016 TO

07-SEP-2016

N/A US ARMY CORPS OF ENGINEERS

SEATTLE DISTRICT

PO BOX 3755

SEATTLE WA 98124-3755

960506

0002 POP 15-AUG-2016 TO

07-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

960506

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 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 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision).

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

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 (r) of this provision.

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

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

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

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

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

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

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—

Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

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

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

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

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