Combines_Synopsis_for_W912EE18T0010_Fuel_for_MV_Fred_Lee_and_Strong.pdf

W912EE18T0010

Combined Synopsis/Solicitation No. W912EE18T0010

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

The United States Army Corps of Engineers Vicksburg District (MVK) has a requirement to furnish and deliver #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel, as well as deliver #2 off road diesel fuel to the MV Strong and the crane barge that accompany this vessel as described in the Statement of Work.

The solicitation number for this requirement is W912EE18T0010 and will be issued as a Request for Quote (RFQ) with the intent to issue a single Firm-Fixed Price Contract. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-

96. FAR clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications.

This is a total small business set-aside. The NAICS code is 324191 and the applicable Small Business Size Standard is 750 employees. System for Award Management (SAM) applies as required by FAR

4.1102. Offerors must be registered in SAM prior to award. Lack of registration in the SAM database will make an offeror ineligible for award. Information on SAM registration & Representations and Certifications can be obtained at https://www.sam.gov/portal/public/SAM/#1. Please check fbo.gov frequently for any updated changes that may occur. Point of contact for this solicitation is Freteshia Johnson at Freteshia.L.Johnson@usace.army.mil or Velma Grant at Velma.D.Grant@usace.army.mil.

The government intends to make a single award for one lump sum. Offers for less than the required items will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the Government. Offerors are encouraged to provide their best proposed pricing in their initial offer.

The following FAR Clauses & Provisions apply to this acquisition:

FAR 52.202-1 Definitions;

FAR 52.203-3 Gratuities;

FAR 52.204-7 System for Award Management;

FAR 52.204-13 System for Award Management Maintenance;

FAR 52.204-19 Incorporation by Reference of Representations & Certifications;

FAR 52.211-16 Variation in Quantity;

FAR 52.212-1 Instructions to Offerors - Commercial Items;

FAR 52.212-2 Evaluation - Commercial Items;

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items;

FAR 52.212-4 Contract Terms and Conditions - Commercial Items;

FAR 52.217-2 Cancellation under Multiyear Contracts;

FAR 52.217-4 Evaluation of Options Exercised At Time of Contract Award FAR 52.217-5 Evaluation of Options;

FAR 52.217-6 Option for Increased Quantity;

FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Item;

FAR 52.217-9 Option to Extend the Term of the Contract;

FAR 52.232-11 Extras;

FAR 52.232-39 Unenforceability of Unauthorized Obligations;

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors;

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.252-2 Clauses Incorporated by Reference;

Clauses under FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items - and the following clauses cited within that clause:

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements;

FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations;

FAR 52.233- 3 Protest After Award;

FAR 52.233-4 Applicable Law for Breach of Contract Claim;

FAR 52.203-6 Alt I Restrictions on subcontractor sales to gov't;

FAR 52.203-13 Contractor Code of Business Ethics and Conduct;

FAR 52.204-10 Reporting Executive Compensation and First Tier Sub Contract Awards;

FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractor Debarred, Suspended or Proposed for Debarment;

FAR 52.219-6 Notice of Total Small Business Set Aside;

FAR 52.219-8 Utilization of Small Business Concerns;

FAR 52.219-14 Limitations on subcontracting;

FAR 52.219-28 Post Award Small Business Program Re-representation;

FAR 52.222-3 Convict Labor;

FAR 52.222-19 Child Labor;

FAR 52.222-21 Prohibition of Segregated Facilities;

FAR 52.222-26 Equal Opportunity;

FAR 52.222-36 Affirmative Action for Workers with Disabilities;

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relation Act;

FAR 52.222-50 Combating Trafficking in Persons;

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving;

FAR 52.225-13 Restrictions on Certain Foreign Purchases;

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

FAR 52.222-55 Minimum Wages Under Executive Order 13658;

The full text of these FAR clauses can be accessed electronically at website:

http://farsite.hill.af.mil/vffara.htm.

The following DFARS Clauses are also applicable to this acquisition:

DFARS 252.201-7000 Contracting Officer Representative;

DFARS 252.203-7000 Requirement Relating to compensation of former DoD officials;

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights;

DFARS 252.204-7003 Control Of Government Personnel Work Product;

DFARS 252.204-7004 Alt A System for Award Management Alternate A;

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting;

DFARS 252.209-7001 Disclosure of Ownership or Control by Government of a Terrorist Country;

DFARS 252.225-7001 Buy American Act and Balance of Payments Program;

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports;

DFARS 252.232-7010 Levies on Contract Payments;

DFARS 252.243-7002 Requests for Equitable Adjustment;

DFARS 252.247-7023 Alt II Transportation of Supplies by Sea Alternate II DFARS 252.247-7024 Notification of Transportation of Supplies by Sea;

The full text of these DFARS clauses can be accessed electronically at website:

http://farsite.hill.af.mil/vfdfara.htm.

http://farsite.hill.af.mil/vffara.htm

SAM Registration:

Pursuant to FAR Provision 52.204-7, prior to award offerors shall be registered in the System for Award Management (SAM), if you are not registered in (SAM), an award CANNOT be made to your company.

You may register electronically at http://www.sam.gov.

Clause 52.212-2 - Evaluation Factors - Commercial Items;

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

All quotes submitted will be evaluated for (1) Technical Acceptability, (2) Satisfactory Past Performance & (3) Price. The government will issue award to the offeror whose proposal is the Lowest Price of those determined to meet at least the minimum requirements to be determined Technically Acceptable & Demonstrates Satisfactory Past Performance.

(1) Technical Acceptability; is defined as the documented capability to meet the minimum requirements of the project as specified in this Solicitation and the attached Scope-of-Work (SOW), including evidence of the offeror's capability to provide the items specified and the ability to meet or exceed the specified delivery schedule.

(2) Satisfactory Past Performance; to demonstrate satisfactory past performance the offeror shall submit documentation of satisfactory performance on past or current contracts involving contracts of a similar type, size, scope and complexity, as well as, provide references, including names and contact information of references who can verify past performance. Past performance information of key personnel and crew may be provided if the company has limited or no past performance. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be evaluated as neutral on Past Performance, providing the offeror supplies a certified statement with their offer that no past performance information is available.

The Government's approach to evaluating past performance is to check the references provided by the contractor to verify satisfactory past performance as well as data obtained from other sources available i.e. government database, past contract files, etc. The offeror is cautioned that while the Government will consider data from other sources, the burden of demonstrating satisfactory past performance rests with the offeror.

It is incumbent upon the offeror to submit sufficient documentation and information for the Government to determine technical acceptability, satisfactory past performance and proposed price. Failure to submit sufficient information for the government to determine technical acceptability, past performance or price may be cause for rejection of your quote.

STATEMENT OF WORK

VESSEL FUEL DELIVERY

The vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $45,000.00 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel and $27,000.00 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel. All fuel shall be delivered by truck and transferred to the vessels as they are located at docks or locks and dams within the Red River and Ouachita/Black Navigation Systems in Louisiana and Arkansas. The range of delivery may encompass locations from Boggs Lock and Dam to Waggoner Lock and Dam on the Red River. The range of delivery may encompass locations from Jonesville Lock and Dam to Thatcher Lock and Dam on the Ouachita/Black River. Also fuel shall be delivered to Vicksburg, MS, Old River Control Structure and Bonnet Carre Spillway. Fuel shall be delivered in increments averaging 5,000 gallons per shipment or as needed. The location list below indicates possible river delivery locations relative to the nearest city or town. The fuel will be delivered starting from the date of award to February 28, 2019. There will be one option year added for the delivery. For the option year, the vender shall provide all plant, labor, equipment, materials, and supplies necessary to furnish and deliver up to $50,000.00 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel and $24,000.00 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel from March 01, 2019 to February 28, 2020.

RED RIVER OUACHITA/BLACK

Boggs Lock and Dam Marksville, La. Jonesville Lock and

Dam Jonesville, La.

Overton Lock and

Alexandria, La Columbia, Lock and

Columbia, La.

Central Maintenance Colfax, La. Central Maintenance Monroe, La.

Long Lock and Dam Coushatta, La. Felsenthal Lock and

Dam Huttig, Ark.

Waggoner Lock and Dam

Shreveport, La. Thatcher Lock and

Strong, Ark.

Other Locations Include Vicksburg Harbor Vicksburg Ms.

Old River Control Structure

North of Simmesport La.

Bonnet Carre Spillway

Norco La.

ENVIRONMENTAL PREFERENCES

The United States Department of Agriculture (USDA) designates certain bio based products for federal procurement and specifies minimum bio based content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA Bio Preferred’s minimum bio based content level. Visit the Bio Preferred web site for the complete list of designated products and the associated minimum bio based content level requirements http://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml

Performance Objectives Performance threshold - No more than 4 customer complaints during life of contract. Non-compliance with SOW may be grounds for cancellation of contract.

Table 5.1 Performance Threshold DEDUCTION 1st complaint Written Warning 2nd complaint 10% Weekly Salary for one week 3rd complaint 25% Weekly Salary for one week 4th complaint Termination/Replacement

These deductions may be made from payment due the Contractor by the Government should the Contractor fail to meet performance threshold. Failure to report at the beginning of the designated shift will result in a complaint. Failure to contact passing vessels and coordinate traffic in a timely manner will result in a complaint. Failure to comply with the Scope of Work will result in a complaint up to cancellation of the contract depending on the severity of the non-compliance.

Quality Control The contractor shall utilize their own internal quality control processes to ensure services are performed in accordance with commonly accepted commercial practices and this scope of work.

Security Requirements All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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.

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

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.

All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web based TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474

Technical Inquiries and Questions

All technical inquiries and questions relating to W912EE18T0010 are to be submitted via Bidder/Offeror Inquiry in ProjNet at http://www.projnet.org/projnet.

To submit and review bid/offer inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click, continue. From this page you may view all bidder inquiries or add inquiry. Bidders/Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912EE18T0010

The Bidder/Offeror Inquiry Key is: VCC6MZ-XQTKKN

Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-

428-HELP.

Please submit quotes by 2:00PM CST on 23 FEBUARY 2018.

INSTRUCTIONS TO OFFERORS

Quote Submission: Electronic submission are authorized and preferred. Also, quotes may be submitted by the methods below:

EMAIL: Freteshia.L.Johnson@usace.army.mil and Velma.D.Grant@usace.army.mil

U.S. Postal or Delivery Service (UPS, FED-EX, ETC):

Vicksburg District U.S. Army Corps of Engineers ATTN: Freteshia L. Johnson and Velma D. Grant 4155 Clay Street Vicksburg, MS 39183-3435

OFFERS MAY BE SUBMITTED AS FOLLOWS:

Complete Pages 8-9. Provide a markup under rack price per gallon and a markup over rack price per gallon for each location listed.

Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications with quote, which are pages 10-25 of this solicitation.

mailto:Freteshia.L.Johnson@usace.army.mil

US Army Corps of Engineer, Vicksburg District Contracting Division 4155 Clay Street Room 120

Vicksburg, MS 39183 W912EE18T0010, Fuel for Motor Vessel Fred Lee and Motor Vessel Strong

Submitted by

Offeror Name: _________________________________________________________________

Offeror Address: _______________________________________________________________

Offeror Address Cont’d: _________________________________________________________

Cage Code: ___________________________________________________________________

DUNS Number: ________________________________________________________________

TIN: _________________________________________________________________________

Email Address: ________________________________________________________________

Signature: _____________________________________________________________________

Base Year – Period of Performance is Date of Award (TBD) to February 28, 2019.

Line Item 0001, Base Year-Furnish & Deliver up to $45,000.00 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel per attached specifications.

Line Item 0002, Base Year-Furnish & Deliver up to $27,000.00 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel per attached specifications.

Red River City, State Markup Under ______ Gallons (Price per gallon)

Markup Over _______ Gallons (Price per gallon)

Boggs Lock & Dam Marksville, LA Overton Lock & Dam Alexandria, LA Central Maintenance Colfax, LA Long Lock & Dam Coushatta, LA Waggoner Lock & Dam Shreveport, LA

Ouachita Black Jonesville Lock & Dam Jonesville, LA Columbia Lock & Dam Columbia, LA Central Maintenance Monroe, LA Felsenthal Lock & Dam Huttig, AR Thatcher Lock & Dam Strong, AR

Other Locations Vicksburg Harbor Vicksburg, MS

Old River Control Structure North of

Simmesport, LA

Bonnet Carre Spillway Norco, LA

Option Year – Period of Performance is March 1, 2019 to February 28, 2020.

Line Item 0003, Option Year- Furnish & Deliver up to $50,000.00 of #2 off road diesel fuel to the M/V Fred Lee and the crane barge that accompany this vessel per attached specifications.

Line Item 0004, Option Year- Furnish & Deliver up to $24,000.00 of #2 off road diesel fuel to the M/V Strong and the crane barge that accompany this vessel per attached specifications.

Red River City, State

Markup Under ______ Gallons (Price per gallon)

Markup Over ______ Gallons (Price per gallon)

Boggs Lock & Dam Marksville, LA Overton Lock & Dam Alexandria, LA Central Maintenance Colfax, LA Long Lock & Dam Coushatta, LA Waggoner Lock & Dam Shreveport, LA

Ouachita Black Jonesville Lock & Dam Jonesville, LA Columbia Lock & Dam Columbia, LA Central Maintenance Monroe, LA Felsenthal Lock & Dam Huttig, AR Thatcher Lock & Dam Strong, AR

Other Locations Vicksburg Harbor Vicksburg, MS Old River Control Structure North of

Simmesport, LA

Bonnet Carre Spillway Norco, LA

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (NOV 2017)

The Offeror shall complete only paragraph (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 (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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

(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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents 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.

(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.

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

(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.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American-- Free Trade Agreements--Israeli Trade Act.''

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

Line Item No. Country of Origin

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

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

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

Other End Products:

Line Item No. Country of Origin

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

For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.