W912DW19Q8011.pdf

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Attached to
Whatcom County Emergency Levee Repairs (Equipment w/ Operator) Federal contract opportunity
Solicitation number
W912DW19Q8011
Issued by
Department of the Army Corps of Engineers Engineering District Seattle

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SEE ADDENDUM

(No Collect Calls)

W912DW19Q8011 23-May-2019

b. TELEPHONE NUMBER

206-764-6573

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 06 Jun 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DW9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VINCENT E DANIELS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 960506 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US ARMY CORPS OF ENGINEERS

MAIL ROOM

SEATTLE DISTRICT

PO BOX 3755

SEATTLE WA 98124-3755

TEL: 206-764-3799 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

238910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF67

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DW19Q8011

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TOFFERORS

INSTRUCTIONS TO OFFERORS

1. The solicitation is “100% small business set-aside”. All work shall be in accordance with the Scope of Work (SOW), attachments, and all other terms and conditions herein.

2. Quotes shall be submitted per the following:

All emailed offers shall contain the RFQ title in the subject line and emailed to the following email address: vincent.e.daniels@usace.army.mil. For questions call (206)-764-6573.

Faxed quotations will NOT be accepted.

Quotes must set forth full, accurate and complete information, as required by this RFQ.

3. PROSPECTIVE OFFERORS: Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.

“Registered in the System for Award Management (SAM) database” means that –

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

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.

SAM Priority Processing Request: The notarized letter must have both the vendor signature page AND the notary signature page signed. If missing a signature (or other required data) GSA will reject the letter. This will cause the review and activation of the account will be delayed further. Any prioritization requests received on Friday are subject to delays because of the weekend. For a request you send on Friday afternoon, you may not receive your response until Monday morning.

4. 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 point of contact for this action is Mr. Michael Rye,

(901) 874-8543.

5. Offerors will be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards). It is assumed, for the purposes of evaluating quotes that $1,000 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.

6. All questions resulting from this RFQ shall be submitted by close of business (2:30 p.m., Pacifc, Local Time) two (2) days prior to the closing date.

7. Award will be made to the lowest priced responsible quoter(s) whose quote conforms to the requirements of the solicitation.

8. Required Submittals:

Signed and dated STANDARD FORM 1449 (Solicitation/Contract/Order for Commercial Items).

Signed and dated STANDARD FORM 30 (Amendment of Solicitation/Modification of Contract), if applicable, for any Amendments to the solicitation.

Completed provisions, including:

a) 52.209-2: PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

b) 52.209-11: REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

c) 52.212-3: OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

d) 52.219-1: SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) -

ALTERNATE I (SEPT 2015)

e) 52.219-28: POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

f) 52.223-22: PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS--REPRESENTATION (DEC 2016)

Completed pricing information Bid Schedule for all CLIN items.

9. The contractor is required to provide the following information with your quote:

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:

All quoted 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 quoted product(s).

ANNOUNCEMENT TO OFFERORS

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, Building 1202, 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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job CE-1: Track Mounted Excavator w/ Hydraulic Thumb Similar to 450 Series / Minimum 300hp / Minimum 95,000lbs / Minimum 40ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 160 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

FOB: Destination

FFP

NET AMT

0002 1 Job CE-2: Track Mounted Excavator w/ Hydraulic Thumb Similar to 300 Series / Minimum 200hp / Minimum 70,000lbs / Minimum 35ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 160 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0003 1 Job CE-3: Track Mounted Excavator w/ Hydraulic Thumb Similar to 300 Series / Minimum 200hp / Minimum 70,000lbs / Minimum 35ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 160 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0004 1 Job CE-4: Track Mounted Excavator w/ Hydraulic Thumb Similar to 300 Series / Minimum 200hp / Minimum 70,000lbs / Minimum 35ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 160 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0005 1 Job CE-5: Dozer

Similar to D5 / Minimum 100hp / Minimum 25,000lbs / 6-way Blade

Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0006 1 Job CE-6: Dozer

Similar to D5 / Minimum 100hp / Minimum 25,000lbs / 6-way Blade

Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0007 1 Job CE-7: Water Truck

Capacity 3500 - 4500 gal / tank opening 22in / Fill air gap at top of tank / Minimum pumping rate 550 gpm at 55psi / pump drive - direct from truck / Sprinkler Heads 2 at the front 1 at each side in the middle, and 2 at the rear

Regular Hourly Rate x Est. Quantity = Amount $__________ x 160 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Mobilization / Demobilization 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0008 1 Job CE-8: Vibratory Compactor

Minimum 105hp, Minimum 24,000lbs, Minimum 66” width drum

Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________

Mobilization / Demobilization 1 Job $_________

Internal Site Mobilization (Site-to-Site) 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0009 1 Job CE-9: Grader

Similar to 12H / Minimum 140hp / Minimum 30,000 / Minimum 12ft blade length

Regular Hourly Rate x Est. Quantity = Amount $__________ x 10 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 5 Hours $_________

Mobilization / Demobilization 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0010 1 Job CE-10: 10-12 CY Solo Dump Truck

Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________

Mobilization / Demobilization 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0011 1 Job CE-11: 10-12 CY Solo Dump Truck

Regular Hourly Rate x Est. Quantity = Amount $__________ x 120 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 60 Hours $_________

Mobilization / Demobilization 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0012 1 Job Flagging Crew

Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________

Mobilization / Demobilization 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0013 1 Job CE-12: Sweeper

Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________

Mobilization / Demobilization 1 Job $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0014 1 Job OPTION CE-1: Track Mounted Excavator w/ Hydraulic Thumb Similar to 450 Series / Minimum 300hp / Minimum 95,000lbs / Minimum 40ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0015 1 Job OPTION CE-2: Track Mounted Excavator w/ Hydraulic Thumb Similar to 300 Series / Minimum 200hp / Minimum 70,000lbs / Minimum 35ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0016 1 Job OPTION CE-3: Track Mounted Excavator w/ Hydraulic Thumb Similar to 300 Series / Minimum 200hp / Minimum 70,000lbs / Minimum 35ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0017 1 Job OPTION CE-4: Track Mounted Excavator w/ Hydraulic Thumb Similar to 300 Series / Minimum 200hp / Minimum 70,000lbs / Minimum 35ft reach

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0018 1 Job OPTION CE-5: Dozer

Similar to D5 / Minimum 105hp / Minimum 25,000lbs / 6-way Blade

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0019 1 Job OPTION CE-6: Dozer

Similar to D5 / Minimum 105hp / Minimum 25,000lbs / 6-way Blade

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0020 1 Job OPTION CE-7: Water Truck

Capacity 3500 - 4500 gal / tank opening 22in / Fill air gap at top of tank / Minimum pumping rate 550 gpm at 55psi / pump drive - direct from truck / Sprinkler Heads 2 at the front 1 at each side in the middle, and 2 at the rear

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0021 1 Job OPTION CE-8: Vibratory Compactor

**Minimum 70hp

Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0022 1 Job OPTION CE-9: Grader

Similar to 12H / Minimum 140hp / Minimum 30,000 / Minimum 12ft blade length

Regular Hourly Rate x Est. Quantity = Amount $__________ x 10 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 0 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0023 1 Job OPTION CE-10: 10-12 CY Solo Dump Truck

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0024 1 Job OPTION CE-11: 10-12 CY Solo Dump Truck

Regular Hourly Rate x Est. Quantity = Amount $__________ x 80 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0025 1 Job OPTION Flagging Crew

Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

0026 1 Job OPTION CE-12: Sweeper

Regular Hourly Rate x Est. Quantity = Amount $__________ x 40 Hours $_________

Overtime Hourly Rate x Est. Quantity = Amount $__________ x 20 Hours $_________

Davis Bacon Wage Determination No.: WA190078 dated 01/04/2019 is applicable to this procurement as incorporated herein.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government 0015 N/A N/A N/A Government 0016 N/A N/A N/A Government 0017 N/A N/A N/A Government 0018 N/A N/A N/A Government 0019 N/A N/A N/A Government 0020 N/A N/A N/A Government 0021 N/A N/A N/A Government 0022 N/A N/A N/A Government 0023 N/A N/A N/A Government 0024 N/A N/A N/A Government 0025 N/A N/A N/A Government 0026 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-JUN-2019 TO

01-SEP-2019

N/A US ARMY CORPS OF ENGINEERS

MAIL ROOM

SEATTLE DISTRICT

PO BOX 3755

SEATTLE WA 98124-3755

206-764-3799

960506

0002 POP 10-JUN-2019 TO

01-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 23-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0023 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0024 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0025 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0026 POP 10-JUN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

ITEM(S) 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0014, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0022, 0023, 0024, 0025, 0026 - STATEMENT OF WORK

SCOPE OF WORK

Whatcom County Emergency Levee Repairs

Equipment w/ Operator

1) LOCATION: These projects are all located in Whatcom County, WA. Maps of the four sites are included below. Work sequencing will likely occur starting at Sande-Williams and Ferndale concurrently, then proceed to Hannegan and Twinview as soon as practical and coordinated with the onsite government representative.

2) EQUIPMENT REQUIRED: (All hours are estimated. There is no guarantee that all hours will be utilized.)

a) CE-1, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 450 Series / Minimum

300hp / Minimum 95,000lbs / Minimum 40ft reach

(i) Mob/Demob

(ii) Internal mobilization (site to site)

(iii) Base - 160 Hours of Regular Time and 80 Hours of Overtime

(iv) Option - 80 Hours of Regular Time and 40 Hours of Overtime

b) CE-2, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 Series / Minimum 200hp /

Minimum 70,000lbs / Minimum 35ft reach

c) CE-3, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 Series / Minimum 200hp /

d) CE-4, Track Mounted Hydraulic Excavator w/ Hydraulic Thumb, Similar to 300 Series / Minimum 200hp /

e) CE-5, Dozer, Similar to D5, Minimum 100hp, Minimum 25,000lbs, 6-way blade

(iii) Base - 120 Hours of Regular Time and 60 Hours of Overtime

f) CE-6, Dozer, Similar to D5, Minimum 100hp, Minimum 25,000lbs, 6-way blade

(iii) Base - 120 Hours of Regular Time and 60 Hours of Overtime

g) CE-7, Water Truck, Capacity 3500 - 4500 gal, tank opening 22in, Fill air gap at top of tank, min pumping rate 550 gpm at 55psi, pump drive - direct from truck, Sprinkler Heads 2 at the front 1 at each side in the middle, and 2 at the rear

(ii) Base – 160 Hours of Regular Time and 80 Hours of Overtime

(iii) Option – 80 Hours of Regular Time and 40 Hours of Overtime

h) CE-8, Vibratory Compactor, Minimum 105hp, Minimum 24,000lbs, Minimum 66” width drum

(iii) Base- 120 Hours of Regular Time and 60 Hours of Overtime

(iv) Option-40 Hours of Regular Time and 20 Hours of Overtime

i) CE-9, Grader, Similar to a 12H

(ii) Base- 10 Hours of Regular Time

j) CE-10, 10-12 CY Dump Truck to haul up to Class V Riprap

(ii) Base-120 Hours of Regular Time and 60 Hours of Overtime

(iii) Option-80 Hours of Regular Time and 40 Hours of Overtime

k) CE-11, 10-12 CY Dump Truck to haul up to Class V Riprap

(ii) Base-120 Hours of Regular Time and 60 Hours of Overtime

(iii) Option-80 Hours of Regular Time and 40 Hours of Overtime

l) Flagging Crew, 2 flaggers and a Traffic Control Supervisor (TCS), all appropriate signage and barriers for closure and one lane operation of a city road in the town of Ferndale or as need at the other sites.

(ii) Base-40 Hours of Regular Time and 20 Hours of Overtime

(iii) Option-40 Hours of Regular Time and 20 Hours of Overtime

m) CE-12, Sweeper, Similar to Broce 350 road sweeper with min 150 gallons water system

(ii) Base-40 Hours of Regular Time and 20 Hours of Overtime

(iii) Option-40 Hours of Regular Time and 20 Hours of Overtime

3) WORK TO BE DONE: The goal of the construction work is to rebuild the rock and embankment revetment.

This will include the moving, placement and excavating of soils and rock products.

4) PERIOD OF PERFORMANCE: It is anticipated that all work shall commence on or about 10 June 2019 and shall be completed on or about 15 September 2019, or by direction of the Contracting Officer. Work will be limited to daylight hours and the In-Water work window is June 15 thru August 31.

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 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.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

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

8) WORK WEEK: For the purpose of calculating payrolls, the work week is based on seven (7) consecutive days, beginning at 0001 hours Monday and ending 2359 hours Sunday. This work-week shall remain fixed throughout the performance period of this contract.

9) MAIL INVOICES TO:

Seattle District Corps of Engineers

CENWS-ODE

PO Box 3755 Seattle, WA 98124-3755

Payment will be based on the actual hours worked as reflected by the US Army Corps of Engineers, Seattle District, and rental equipment record. Invoices will show actual hours worked, partial payments authorized.

Technical Exhibit 3: Screenshot of Measurements for Grove Crane

LOCATIONS OVERVIEW:

Sande Williams

The project site is located south of State Route-9. Hillard Road to the south crosses Deming Road and turns into Williams Road. Site access is from a private driveway to the South from Williams Road.

Hannegan

The project site is located north of State Route-544 and east of Hannegan Road along Polinder Road. Access is the first private driveway to the north.

Ferndale

The project site is located directly south of Historic Downtown Ferndale along Ferndale Road just north of the Ferndale Water Treatment Plant.

Twinview (Option)

The project site is located directly south of State Route-544 off of Kale Road. Site access is at the Everson Mini- Storage site.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 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

52.204-22 Alternative Line Item Proposal JAN 2017 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 OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JAN 2019

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation 2018-O0018) AUG 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-30 Construction Wage Rate Requirements--Price Adjustment

(None or Separately Specified Method)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-1 Payments APR 1984

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

OCT 2018

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 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

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 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2018 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2018

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract 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…

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