17Q0018.pdf

(1) Action Code. P

(2) Date. 11 January

(3) Year. 2017

(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 Riley Creek Levee (Laclede, ID)

(8) Proposed Solicitation Number. W912DW-17-Q-0018

(9) Closing Response Date. 17 January 2017

(10) Contact Point or Contracting Officer. Galen Freed 206-316-3891 email: Galen.t.Freed@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 Riley Creek Levee (Laclede, ID)

(17) Place of Contract Performance. Laclede, ID

(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.

(RFQ).

(ii) The solicitation number is W912DW-17-Q-0018. The solicitation is issued as a Request for Quotation

(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.

mailto::%20Galen.t.Freed@usace.army.mil

(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-17-Q-0018 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 Thursday, January 17, 2017 by 2:00 PM Pacific Time. All quote shall be accepted by e-mail and shall contain the RFQ No. W912DW-17-Q-0018 in the subject line and emailed to the following email address: Galen.t.Freed@usace.army.mil.

(xvi) Galen Freed is the individual to contact for information regarding this solicitation. Phone number

206-316-3891.

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 mailto:Galen.t.Freed@usace.army.mil.

W912DW-17-Q-0018

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Class III Riprap

Base – 7500 Tons Per Statement of Work Materials will be inspected at the jobsite prior to acceptance/delivery. Contractor shall be responsible for maintaining gradation as specified. Additional materials test requirements beyond those identified in Paragraph 5 maybe required if on site Corps of Engineers representative determines that materials being delivered does not meet the specification contained in this document.

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

FOB: Destination

PURCHASE REQUEST NUMBER: W68MD963561958

FFP

NET AMT

0002 1 Job 2” x 4” Quarry Spalls

Base – 2500 Tons

Per Statement of Work

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

FOB: Destination

0003 1 Job Topsoil

Base – 500 Tons

Per Statement of Work

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

0004 1 Job 2’ x 2’ x 6’ Concrete Ecology Block

30 each

Per Statement of Work

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

1001 1 Job OPTION Class III Riprap

Option– 7500 Tons Per Statement of Work Materials will be inspected at the jobsite prior to acceptance/delivery. Contractor shall be responsible for maintaining gradation as specified. Additional materials test requirements beyond those identified in Paragraph 5 maybe required if on site Corps of Engineers representative determines that materials being delivered does not meet the specification contained in this document.

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

1002 1 Job OPTION 2” x 4” Quarry Spalls

Option – 2500 Tons

Per Statement of Work

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

1003 1 Job OPTION Topsoil

Option– 500 Tons

Per Statement of Work

CONTRACT - DELIVERY OF MATERIALS, CON-1070-RCSBS - CONTRACT

CONTRUCTION [459060] --- PROJECT NO.: 459060

INSTRUCTIONS

INSTRUCTIONS TO VENDORS

1. Representations and Certifications contained herein must be completed by vendors and returned with quote.

If Representations and Certifications are registered in the System for Award Management (SAM) check here . If not, register online at www.sam.gov

2. Marking of Quote Envelopes Envelopes Shall Be Plainly Marked As Follows:

Quote for: Delivered Materials for Levee Restoration, Albeni Falls Project, Riley Creek, Laclede, Idaho:

Request For Quote No.: W912DW-17-Q-0018

Closing Date and Time: 17 January 2017, 2:00 P.M. Pacific Time

AMENDMENTS NUMBERED________HAVE BEEN RECEIVED

3. Responses will be accepted via email until the time and date set for closing. Email Quotes to Galen.t.freed@usace.army.mil. All emailed offers shall contain the RFQ No. W912DW-17-Q-0018 in the subject line.

4. Vendors Submitting Quotes: 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

5. Award shall be made to the offeror with the lowest quote.

6. Required Submittals:

a) Instruction Page (2 pages) Indicate if you are registered SAM.

Must acknowledge any/all amendments to the solicitation.

Must fill in all company information requested All submittals as required in the solicitation

b) Fill in all pricing information.

7. The Contractor is required to provide the following information with quotation submission:

Federal Taxpayer’s ID Number:

DUNS Number:

Cage Code Number This requires registration in SAM, web site for registration is www.sam.gov

Remit to Address:

Company Name:

Address:

City/State/Zip:

Phone & Fax Numbers:

Point of Contact:

E-Mail Address:

Quote must provide pricing for all items in the solicitation to be acceptable to the Government.

All quote items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.

Multiple quotes are not accepted for this RFQ. If multiple quotes are received, only one quote (as determined by the Contracting Officer) will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received.

The contractor should list any special features or warranty information applicable to the product(s) or service (s) quote.

ANNOUNCEMENT TO

VENDORS

Due to recent national events Seattle District US Army Corps of Engineers shall be conducting business under heightened security for the foreseeable future.

Access to Federal Center South, 4735 E Marginal Way S, Seattle WA 98124 will be through the front Lobby only. The building is under Federal Protective Service, which means that persons entering the facility are subject to inspection; including purses, packages, etc. All deliveries shall be thoroughly inspected. In addition, visitors may be required to be escorted by Corps personnel while in the building.

For any questions please contact the Contract Specialist assigned to your project or check our website at www.nws.usace.army.mil for up-to-date information.

SOW

SCOPE OF WORK

AFD – Riley Creek Bank Stabilization

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. Additional materials test requirements beyond those identified in Paragraph 5 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

i) Class III Riprap

(1) Base – 7500 Tons

(2) Option – 2500 Tons

ii) 2” x 4” Quarry Spalls

(1) Base – 2500 Tons

(2) Option – 1000 Tons

iii) Topsoil

(1) Base- 500 Tons

(2) Option- 500 Tons

iv) 2’ x 2’ x 6’ Concrete Ecology Block

(1) Base – 30 each

2. LOCATION:

Materials furnished under this Purchase Order shall be delivered to and used at the Riley Creek, Laclede, ID. See attached maps. All deliveries will be coordinated with the On-site Government representative.

3. METHOD OF DELIVERY:

All materials shall be delivered with solo truck and/or Side dump. A minimum of 700 tons per day shall be delivered. Concrete Ecology Blocks may be delivered by flatbed truck, low boy, etc. An excavator will be available at the delivery location to offload the ecology blocks.

4. 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 COR 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.

5. 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. Test Reports will be submitted after award to verify quality, tests dated within the previous 2 years will be acceptable.

(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 as specified below:

Class III Riprap

Distribution Weight (lb) Diameter (in) 100% Smaller 800 22-30

50% Size 300 16-22 90% Larger 150 12-16 10% Range 25-150 7-13

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.

2" x 4" Spall Rock

Spalls shall be screened crushed rock from clean, sound, angular material

Sieve Size Percent Passing 4″ 100 2″ 0

All percentages are by weight.

2’ x 2’ x6’ Ecology Blocks

2’ x 2’ x 6’ Solid concrete block, shall weigh approx. 3850 lbs., have a minimum of #5 rebar for lifting suitable for loading and unloading, and fit together with the same interlocking pattern.

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

6. PERIOD OF PERFORMANCE:

It is anticipated work shall commence within 7 days after contract award or as directed by the KO or QAR.

The anticipated POP is 23 January 2017 thru 23 February 2017.

7. 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/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

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

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

10. 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. Invoices will show actual quantity delivered, partial payments authorized, not all options for delivered rock materials may be authorized.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 28-FEB-2017 1 ALBENI FALLS DAM PROJECT OFFICE

2376 HIGHWAY 2

OLDTOWN ID 83822-9243

208-437-3133

960513

0002 28-FEB-2017 1 (SAME AS PREVIOUS LOCATION)

0003 28-FEB-2017 1 (SAME AS PREVIOUS LOCATION)

0004 28-FEB-2017 1 (SAME AS PREVIOUS LOCATION)

1001 28-FEB-2017 1 (SAME AS PREVIOUS LOCATION)

1002 28-FEB-2017 1 (SAME AS PREVIOUS LOCATION)

1003 28-FEB-2017 1 (SAME AS PREVIOUS LOCATION)

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 OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

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 2016 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

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 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 OCT 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

OCT 2016

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

MAY 2016

252.225-7012 Preference For Certain Domestic Commodities AUG 2016 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 SEP 2016 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 OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

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

or

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

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)

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

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 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 located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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 (s) 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…