W912ES-09-T-0101.pdf

S--Removal and proper disposal of temporary clay levees, as well as clay material placed on top of existing levees and temporary access ramps, during the spring 2009 flood fight in and around Valley City, Barnes County, ND.

Solicitation Number: W912ES-09-T-0101

Agency: Department of the Army

Office: U.S. Army Corps of Engineers

Location: U.S. Army Engineer District, St. Paul

This is a combined synopsis/solicitation for commercial items 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. Solicitation No.

W912ES-09-T-0101 is being issued as a Request For Quote (RFQ) with the intent to award as a simplified acquisition. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2005-32. This procurement is 100% set-aside for small businesses located in the counties in North

Dakota included in the emergency declaration under the Stafford Act, Declaration number FEMA-1829DR. Quotes will not be accepted from firms in other counties or states. The NAICS Code for this procurement is 562111 (SIC 4953) with a size standard of $12.5M. The U.S. Army Corps of Engineers (USACE), St Paul District has a requirement for the removal and proper disposal of temporary clay levees, as well as clay material placed on top of existing levees and temporary access ramps for the protection of Valley City, Barnes County, ND during the 2009 flooding event. This procurement may be quoted as follows:

ITEM

NO

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Levee Reaches 1, 2, 3, 8, & 9, from Burlington

Northern Santa Fe Railroad Property to Main Street East

ITEM

NO

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lump Sum Levee Reaches 4, 5, 6, & 7, from Valley City

Golf Course to 1120 9th Avenue NE at Bridgeview Estates

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Lump Sum Levee Reaches 10, 11, 15, 16, 17, 18, 21, 22, 23, 24, from Main Street East to the east side of 15th Avenue SW

SUPPLIES/SERVICE

S

QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Lump Sum Levee Reaches 12, 13, 14, 19, & 20, from the intersection of Main Street East and 9th Avenue SE, to 436 Riverview Drive

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Lump Sum Remove, haul and dispose of construction and demolition material from two demolished garages, at 460 8th Ave NE & at 168 5th Ave. SE

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0006 1 Lump Sum Remove, haul and dispose of vegetative debris from construction and removal of temporary levees and washed up by flood waters

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Lump Sum Removal and Proper Disposal of Sandbags in

Levee Reach 16, adjacent to Riverside Apartments

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0008 1 Lump Sum Remove, haul and dispose of three, clay ring levees adjacent to Segments 4 and 19

SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0009 1 Lump Sum Remove, haul and dispose of three, clay piles adjacent to Segments 17, 19, & 20

Total Price for Items No. 0001 through 0009: _$________________

Total price is a Not to Exceed (NTE) amount, and may not be exceeded without a modification to the purchase order.

SCOPE OF WORK

1. General. To accomplish this work, the contractor shall provide all labor, equipment and materials necessary to remove and properly dispose of temporary clay levees, as well as temporary access ramps, ring levees, clay piles, and clay material placed on top of existing levees during the spring 2009 flood fight in Barnes County, ND. In addition, the contractor shall provide labor, equipment and material required to remove and properly dispose of a small quantity of vegetative debris, two previously demolished garage buildings, and less than ten cubic yards of sandbags. The contracting officer for this project is James Roloff, Contracting Division, U.S. Army

Corps of Engineers, Saint Paul District. Mr. Roloff may be reached at 651-290-

5414. Any changes or amendments or modifications to the contract must be approved in writing by the contracting officer.

2. Location of Work. The temporary levees, levee caps, demolished structures, sandbags (at levee reach 16) and vegetative debris (vegetative debris is made up of and limited to limbs, branches, trees, and stumps generated during the placement or removal of the emergency protection or washed up by the floodwaters onto the levees and is located on or directly adjacent to the levees) are situated along both sides of the Sheyenne River and its tributaries in Valley City, ND, and are depicted on the drawing included as Attachment 1. Photos depicting disposal sites and sites where the work is to take place are included as Attachment 2. Much of the removal work is to be done on privately-owned property, immediately adjacent to houses and other structures. The Contractor will be provided with approved documentation for right of entry (ROE) for all work on private property, and may not enter private property without that documentation. Protection of private property in the performance of this work is essential.

3. Emergency Levee Removal. This portion of the work shall be limited to removal of materials placed during the 2009 flood fight. It involves the complete removal of temporary, clay levees placed during the flood fight and the removal of a clay “cap” placed on top of pre-existing levees in order to increase their elevation. Temporary levee caps that are to be removed were installed to raise the top of the pre-existing levees to an elevation approximately equal to River Stage 24.5. The contractor will remove these temporary clay materials down to the pre-existing level, which is at an elevation equivalent to River Stage 21.5. This interface will be readily identified as the pre-existing layer of grass (now dead) that was not removed prior to placement of the temporary clay material. The contractor will exercise care not to remove the topsoil underlying this grass layer.

In addition, there are some seventeen temporary access ramps, three ring levees, three piles of clay, and a small quantity of sandbags to be removed. These are also to be loaded and hauled to the designated disposal site. Clay shall be disposed of as described in Paragraphs 4 and 5, below. The total volume of clay material to be removed, hauled and disposed of under this scope of work is estimated to be

150,000 cubic yards. It should be noted that this is a rough order of magnitude estimate, and prospective contractors are responsible for determining the removal quantities used in their quotes. The contractor shall be responsible for determining removal quantities to be used in developing a quote for this solicitation.

The contractor is required to schedule and conduct work operations to minimize impact to adjacent property owners. The contractor shall exercise caution and not cause further damage to property by utilizing appropriate low earth pressure equipment. The contractor shall institute measures to avoid damage to privately owned structures, storm drainage features and underground utilities that may be covered by the temporary clay materials. The contractor shall be responsible for restoring any areas damaged by operations under this contract. The contractor shall also fill holes and depressions adjacent to the levees, which resulted from the placement of the emergency levees and levee caps, with readily available material

(temporary levee fill, clay, dirt, sand, etc.). The contractor shall ensure the site is left in a manner that will minimize hazards to the public. The contractor will not be required, however, to re-establish topsoil and turf.

No work will be permitted when the levee or work site is wet or when it is raining, as determined by the Contracting Officer’s Representative (COR).

The order of work shall follow the priorities listed in Attachment 3. Work under each priority will be done in the order listed there.

4. Mandatory Material Placement Locations. The clay material removed shall be hauled and stockpiled at the Valley City Inert Landfill at 11490 35th Street Southeast, in Valley City. The location for this site is depicted on the attached map and photos.

All materials (clay, vegetative debris, construction-demolition debris, and sandbags) removed under this contract shall also be hauled to the Valley City Inert Landfill.

The contractor shall be responsible for the cost of any tipping fees incurred at the landfill.

5. Disposal Area Placement Requirements. Clay material stockpiled at the designated disposal site shall be placed in layers, in loose thickness, and leveled so that it will properly drain. There is no compaction or testing requirement for placement of this clay. There is also no requirement for stripping back sod and topsoil, prior to placement of the material. The contractor shall be required, however, to use the necessary equipment on site to move and grade material and facilitate ingress of trucks, dumping, and egress of trucks.

6. Erosion and Sediment Controls. The contractor shall be responsible for providing adequate erosion and sediment control measures in accordance with federal, state, and local laws and regulations. The contractor is also responsible for obtaining and complying with any required permits. The erosion and sediment controls selected and maintained by the contractor shall be such that water quality standards are not violated as a result of the contractor’s activities. The contractor shall implement temporary erosion and sediment control Best Management Practices (BMPs).

BMPs may include, but are not limited to, installation of silt fences, sediment traps, and inlet and outfall protection.

7. Clean-up / Restoration. The contractor shall be responsible for clean-up of all work areas, including but not limited to curb to curb surface cleaning, sweeping of sidewalks, and raking of boulevards. The sites shall be left in a state that minimizes hazards to the public. Any dirt or mud which is tracked onto paved roadways by the contractor’s activities shall be removed.

8. Site Inspection. Attachment 1 depicts the locations of the levee reaches, ring levees, access ramps, clay piles, and demolished garage sites. Sandbags to be removed are located in reach 16. Vegetative debris is scattered along the levee reaches. Locations for the clay disposal site and city landfill are likewise depicted on

Attachment 1. Prospective contractors should inspect the levees, vegetative debris, access ramps, clay piles and demolished buildings to be removed, as well as disposal sites. They should familiarize themselves with the conditions and requirements associated with the work specified herein in order to develop their quotes. Unfamiliarity with the levees, sites, possible points of access, or inaccurate estimation of the quantity of material to be removed will not be cause for a change to the contract price or schedule. The quantities and dimensions provided in this scope are rough order of magnitude estimates for reference only. The prospective contractor is responsible for verifying measurements and quantity estimates prior to submitting a quote.

9. Work Schedule. The contractor shall commence mobilization immediately upon issuance of a purchase order and notice to proceed, and shall fully comply with specifications provided in the contract, in all aspects of the work. The contractor shall provide a sufficient number of crews to commence removal operations within

48 hours of issuance of purchase order and notice to proceed. The contractor shall work 12 hours per day, (or during daylight hours only when there are less than 12 hours of daylight), seven days per week. The contractor shall assign adequate resources to complete all work under the contract within 45 calendar days after receiving Notice to Proceed (NTP).

10. Meetings. The contractor shall attend a pre-work conference with the COR at the

U.S. Army Corps of Engineers office in Fargo, ND within twenty-four hours of issuance of the purchase order and NTP. The purpose of this meeting is to discuss work hours, schedule, safety, scope of work, and to review other contract requirements.

11. Equipment. All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Frameless dump trailers are not acceptable. Truck loading shall comply with state, local, and Department of

Transportation rules and regulations including weight limitations and the covering of truckloads.

Trucks shall travel on truck routes when moving through the city limits. The contractor shall be responsible for control of pedestrian and vehicular traffic in work areas. When haul operations or other conditions created by the contractor’s operations result in interference or hazards to traffic on streets and highways, the contractor shall erect warning signs and provide flagging services as necessary for traffic control to safeguard the public. The cost of flagging service, signage, or other traffic control facilities required shall be borne by the contractor.

Prior to commencing removal operations, the contractor shall present all trucks and/or trailers that will be used for hauling to the Government’s representative for inspection. Each truck or trailer will be numbered for identification. The signs shall contain the following information: Company Name, Truck Number, Tare Weight, Inspected by, and Date.

12. Reporting. The contractor shall submit a Daily Operational Report to the COR by

8:00 a.m. (0800 hr.) each day for the previous day’s work during the term of the contract. Each report shall contain, at a minimum, the following information:

Contractor’s name, contract number, number of removal crews, location of removal, and percent of the total work identified in the purchase order completed.

13. Other Considerations. The contractor shall assign and provide an Operations

Manager (OM) to serve as the principal liaison with the U.S. Army Corps of

Engineers contracting officer or his/her designated representative. The assigned

OM must be knowledgeable of all facets of the contractor’s operations and have authority in writing to act on behalf of the contractor. The OM shall be on call 24 hours per day, seven days per week.

The contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the contractor’s personnel and equipment is the responsibility of the contractor. Additionally, the contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

The contractor must be duly licensed to perform the work in accordance with applicable federal, state, or local statutory or regulatory requirements. The contractor shall determine what permits are necessary and obtain those permits required to complete the work at its cost. Copies of all permits shall be submitted to the COR.

The contractor shall be responsible for correcting, at its sole expense, any violations of federal, state, or local laws or regulations resulting from the actions of the contractor or his subcontractors, including, but not limited to, violations related to environmental, safety, or occupational health requirements.

14. Other Contracts. The contractor shall coordinate with other contractors working the area in the performance of the work and schedule such work to provide a minimum of delays and interference and shall inform the COR of all coordination.

15. Measurement and Payment. Each portion of the work is identified by a separate bid item and will be paid under that bid item. The work of this contract will not be measured for separate payment and each bid item will be performed on a lump sum basis.

16. Quality Control. The contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of written plans and procedures and the necessary organization to meet the contract requirements. The system shall cover all removal operations. Within twenty-four hours of the issuance of the purchase order and notice to proceed, the contractor shall submit a Quality Control Plan that establishes and maintains an effective quality control system and identifies an Operations Manager to serve as principal liaison with the Corps of Engineers contracting officer or the designated representative.

17. Safety. The contractor shall perform all work in accordance with the 15 Sep 08 edition of EM 385-1-1. 2. An Accident Prevention Plan that fully complies with

USACE EM 385-1-1 must be submitted within 24 hours of issuance of the purchase order and notice to proceed. No work may be started before acceptance of the plan.

ATTACHMENTS:

Attachment 1 – VCLevee&DisposalSiteMap.pdf

Attachment 2 – VCLevee&DisposalSitePics.pdf

Attachment 3 – Priority-of-work.pdf

— End of Scope of Work —

EVALUATION AND SELECTION PROCEDURES: FAR Clause 52.212-1 Instructions to Offerors--Commercial Items (JUN 2008) applies to this acquisition. All quotes submitted will be evaluated for technical capability. The government will issue purchase orders to the supplier whose quote is the lowest priced of those determined to meet at least the minimum requirements for capability to perform.

Significant factors that will affect contract award are listed below:

a. Operations - The Contractor shall provide sufficient documentation of experienced management (especially the qualifications of the Operations Manager), sufficient number of personnel and equipment to demonstrate that they have the capability to perform the required work in the time required.

b. Company Experience - In order to be determined to be technically acceptable, the offeror must demonstrate that it possesses a minimum of 3 years experience on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills.

c. Past Performance - In order to be determined to be acceptable, the offeror must demonstrate that its firm has had acceptable performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The lack of past performance information will not be evaluated favorably or unfavorably for this factor provided the prospective contractor certifies that additional past performance information is not available and provides an acceptable explanation as to why additional past performance is not available.

Prospective contractors must include with their quote all information required by the Evaluation and Selection Procedures above, the Disaster or Emergency Area Representation required by FAR 52.226-3 (clause set out in full text below), and a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, Alt I, with this quote. Note: Prospective contractors must check the appropriate block in the clause FAR 52.226-3(b) which is included below in full-text.

The following clauses and provisions are incorporated and will remain in full force in any resultant contract. The full text of these clauses can be accessed electronically at website: http://www.farsite.hill.af.mil or http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

FAR 52.212-1 Instructions to Offerors – Commercial Items;

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

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders--Commercial Items, along with the following clauses cited within that clause:

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government;

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

http://www.farsite.hill.af.mil/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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 Rerepresentation;

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 52.222-35 Equal Opportunity of Special Disabled Veterans, Veterans of the

Vietnam Era and Other Eligible Veterans;

FAR 52.222-36 Affirmative Action for Workers with Disabilities;

FAR 52.222-37 Employment Reports on Disabled Veterans;

FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union

Dues or Fees;

FAR 52.222-41 Service Contract Act of 1965;

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires;

FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside;

FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency

Area;

FAR 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration;

DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, along with the following clauses citied within that clause:

FAR 52.203-3 Gratuities;

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials;

DFARS 252.205-7000 Provision of Information to Cooperative Agreement

Holders

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

DFARS 252.225-7012 Preference for Certain Domestic Commodities;

DFARS 252.243-7002 Requests for Equitable Adjustment; and

DFARS 252.247-7023, Transportation of Supplies by Sea.

The following Provisions and Clauses are also applicable to this acquisition:

FAR 52.215-5 Facsimile Proposals;

DFARS 252.204-7001 Central Contractor Registration (FAR 52.204-7) Alternate A;

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country;

DFARS 252.232-7010 Levies on Contract Payments.

Department of Labor Wage Determination number North Dakota 05-2407 (Rev.8) dated

08/07/2009 is applicable to this acquisition. Copies may be obtained at www.wdol.gov or by contacting the Point of Contact listed below.

The following clauses are provided in full text and are applicable to this acquisition:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (AUG 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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 http://www.wdol.gov/ http://orca.bpn.gov/

(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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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;

http://uscode.house.gov/ http://uscode.house.gov/

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

(6) Have been voluntarily suspended.

“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.

“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 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.

(b)

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

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA 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 (n) 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 on ORCA.]

(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 o is, o 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 o is, o 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 o is, o 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, for general statistical purposes, that it o is, o 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 o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern).

[Complete only if the offeror is a women-owned business concern and did not represent http://orca.bpn.gov/ http://www.arnet.gov/far/current/html/Subpart 4_12.html#wp1073667 itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(7) 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:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51–100 __ $1,000,001–$2 million __ 101–250 __ $2,000,001–$3.5 million __ 251–500 __ $3,500,001–$5 million __ 501–750 __ $5,000,001–$10 million __ 751–1,000 __ $10,000,001–$17 million __ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] http://www.arnet.gov/far/current/html/52_217_221.html#wp1136333 http://www.arnet.gov/far/current/html/52_217_221.html#wp1136374

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(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 o is, o 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.)

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

____ Black American.

____ Hispanic American.

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

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

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

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

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

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

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

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

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

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

(ii) It o 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 $100,000.) 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—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 Act—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 Act—Free Trade Agreements—Israeli Trade Act Certificate.

(Applies only if the clause at FAR 52.225-3, Buy American Act—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, 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 Act—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, or Peruvian end http://www.arnet.gov/far/current/html/52_223_226.html#wp1168995 http://www.arnet.gov/far/current/html/FARTOCP25.html#wp225048 http://www.arnet.gov/far/current/html/52_223_226.html#wp1169038 products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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 Act—Free Trade Agreements—Israeli Trade Act.”

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

http://www.arnet.gov/far/current/html/52_223_226.html#wp1169038

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) 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)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer http://www.arnet.gov/far/current/html/52_223_226.html#wp1169038 http://www.arnet.gov/far/current/html/52_223_226.html#wp1169151 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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) o Have, o 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;

(3) o Are, o 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) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 appeal 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. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. 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 appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any…