W912ES-15-T-0138_Gull_Lake_Tree_Removal_Solicitation_Final.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES-15-T-0138 11-Aug-2015

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 18 Aug 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VIRGINIA M REGORRAH

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6752179651

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$7.5 million

NAICS:

561730

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES-15-T-0138

Table of Contents

TABLE OF CONTENTS

PRICING SCHEDULE

OPTION 1

OPTION 2

NOTES TO OFFERORS

SCOPE OF WORK

ATTACHMENT 1 – SITE MAP

ATTACHMENT 2 – BIOMASS CONTRACTORS

CLAUSES INCORPORATED BY REFERENCE

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2015

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2015

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS MAY 2015

52.228‐5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS DEC 2013

52.237‐2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION APR 1984

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP 2011

252.204‐7011 ALTERNATE LINE ITEM STRUCTURE SEP 2011

252.204‐7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION NOV 2013

252.204‐7015 DISCLOSURE OF INFORMATION TO LIGATION SUPPORT CONTRACTORS FEB 2014

252.222‐7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS JAN 2015

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN 2013

252.232‐7010 LEVIES ON CONTRACT PAYMENTS DEC 2006

252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212‐1 INSTRUCTIONS TO OFFERORS‐‐COMMERCIAL ITEMS (APR 2014)

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS‐‐COMMERCIAL ITEMS (MAR 2015)

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS‐‐

COMMERCIAL ITEMS (MAY 2015)

52.228‐4002 INSURANCE

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

AT/OPSEC 13:

AT/OPSEC 15:

AT/OPSEC 2:

WAGE RATES

Pricing Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Area 1 – Hazard Tree

Removal 1 Job $____________ $____________

0002 Area 1 – Remove

Damaged Limbs

0003 Area 1 – Reposition

Rootballs 1 Job $_____________ $___________

0004 Area 1 – Stump

Grinding and Removal 1 Job $______________ $____________

0005 Areas 1, 2, 3 Remove

Brush and Chip Piles 1 Job $_____________ $_____________

BASE CONTRACT

NET AMT

Option 1

1001 Area 2 –Remove

Hazard Trees 1 Job $_____________ $_____________

1002 Area 2 – Remove

1003 Area 2 0 Reposition

1004 Area 2 – Grind Stumps

& Fill Stump Holes 1 Job $____________ $_____________

OPTION 1 NET AMT $_________________

Option 2

2001 Area 3 – Remove

2002 Area 3 – Remove

2003 Area 3 – Reposition

2004 Area 4 – Remove

2005 Area 4 – Reposition

1 Job $___________ $____________

OPTION 2 NET AMT $________________

GRAND TOTAL $________________

NOTES TO OFFERORS

1. PLEASE SUBMIT THE FOLLOWING WITH YOUR QUOTATION:

Complete Standard Form (SF) 1449 with acknowledgement of Amendments and completed pricing schedule.

Quotations will be evaluated in accordance with Federal Acquisition Regulations (FAR) Part 13, Simplified Acquisition Procedures. Award will be made to the responsible firm whose quotation represents the lowest price.

Quotations are due no later than the date and time indicated in Block 8 of the Standard Form (SF) 1449.

In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

2. Quotations may be sent by email (preferred) or by mail to:

U.S. Army Corps of Engineers – St. Paul District Attn: Virginia Regorrah, Contract Specialist 180 East 5th Street, Suite 700 Saint Paul, MN 55101-1678 virginia.m.regorrah@usace.army.mil

Questions concerning this solicitation should be directed to Virginia Regorrah, Contract Specialist, by email at virginia.m.regorrah@usace.army.mil . Questions must be received not later than 5 days prior to receipt of quotes. Questions received after the deadline may not be answered prior to closing.

3. A prospective contractor must be registered in SAM (System For Award Management), including online representations and certifications. Please see www.sam.gov for registration information.

4. As a department in the United States of America federal government, the United States Army Corps of Engineers is a tax-exempt entity. Its tax exempt status ID is 62-1642142.

5. A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis.

6. A determination by the government to not award based on the responses to this solicitation is solely within the discretion of the government.

SCOPE OF WORK

Gull Lake Recreation Area Storm Damage and Hazard Tree Removal

1. General Work consists of clean-up and removal of storm-damaged and other hazard trees; pruning of trees to remove damaged limbs; repositioning of rootballs; grinding stumps and filling stump holes in the Gull Lake Recreation Area (GLRA) in Cass County, approximately 10 miles northwest of Brainerd, Minnesota (approximate coordinates are 94°21'10"W, 46°24'39"N, NE 1/2 NE 1/4 Sec. 20 T134N R29W, Attachment 1). GLRA is a Corps of Engineers managed recreation area that includes heavily utilized facilities including a dam, campground, boat ramp, picnic areas, a beach, playgrounds, etc. The entire work area contains sensitive cultural resources and special considerations must be taken to abide by requirements outlined in the National Historic Preservation Act (NHPA).

2. Site Description The work area is divided into four sections. A detailed map of the work area is shown in Attachment 1, Vicinity and Area Map. A detailed description of each area is provided below.

Area 1, 20.2 ac: Area 1 is the main campground and encompasses most of the area to the east of the main campground entrance. This area is bounded on the east by a chain link fence and on the north by Gull Lake Dam Road. The southern boundary is not distinct but transitions into a wet area. No work should be conducted in this wet area. The western boundary follows the edge of the sensitive burial mound area (Area 4). This boundary is designated by a split cedar fence and will also be flagged with red flagging tape. UNDER NO CIRCUMSTANCES SHOULD

ANY HEAVY EQUIPMENT CROSS THIS BOUNDARY INTO AREA 4.

Area 2, 6.0 ac: Area 2 is the Government Point swimming beach area and parking lot. The west, north and east boundaries of this area follow the Gull Lake and Gull River shoreline. East Gull Lake Road forms the southern boundary of this area. Area 2 includes the main office and other buildings.

Area 3, 11.6 ac: Area 3 is a 60 foot buffer south of East Gull Lake Road adjacent to Area 2 and west of Gull Lake Dam Road adjacent to Area 4. All trees should be treated in the 60 foot buffer according to the contract specifications in section 3 below. Any other hazard trees outside of the 60 foot buffer that could fall into the roadway should also be removed.

Area 4, 4.2 ac: Area 4 is a culturally sensitive aboriginal burial mound area. No heavy equipment will be allowed in this area without permission from and monitoring by the Corp’s archeologist. It is bounded on the west and north by Gull Lake Dam Road and on the south by the campground entrance drive. The eastern boundary with Area 1 is designated by a split cedar fence and will also be flagged with red flagging tape. UNDER NO CIRCUMSTANCES WILL ANY HEAVY EQUIPMENT BE

ALLOWED ON THE BURIAL MOUND.

Area 5: Area 5 is a day-use area and no clean-up work in this area will be included in the current contract.

3. Description of Work

a. Remove and Dispose of Hazard and Downed Trees: Within Areas 1, 2, and 3, the Contractor will remove all current or potential hazard and downed trees. Stumps should be cut to a height of six (6) inches or lower, as measured from the base of the tree. Some of these hazard trees have been marked with a large band of orange paint, however, many have not been marked and the Contractor is responsible for removal of both marked and unmarked hazard trees. Hazard trees are defined as trees showing any signs of:

1. Complete or partial uprooting

2. Splits or cracks anywhere along the bole of the tree

3. Broken or hanging tops

4. Root failure, as indicated by partial leaning of the tree coupled with heaved soil around the tree roots

5. Bent stems resulting in crown displacement of more than 10 degrees from the plane of the main stem; this includes all springpoles under tension and trapped by other debris

6. Other mechanical damage to the bole (e.g. scraping) with exposed wood

7. Other evidence of rot, decay or root failure not associated with storm damage

All downed trees should be severed from the stump and removed from the site.

No snapped tree >10 ft tall should be left standing. If snapped trees are <10 ft. tall and more than 20 ft from a roadway, building or campsite and show no evidence of root failure or other visible hazards, they should be left standing.

In this contract, removal is defined as the complete severance of the bole from a stump not to exceed six (6) inches in height and transport of all resulting material off of the property.

b. Removal of Damaged Limbs: Large (> 3” diameter) broken and hanging limbs shall be pruned and if the tree shows no other sign of damage.

If the tree shows other evidence of damage the entire tree should be removed.

c. Repositioning of Root-balls: All dislodged root-balls shall be returned to their original position with minimal disturbance of soil.

If it is not feasible to return the root-ball to its original position, the root-ball should be removed from the site. Prior to removal, sediments adhering to exposed roots should be removed.

Techniques such as manual vibration or machine assisted shaking shall be utilized to remove these sediments. Sediments should be covered with filter fabric and then covered with fill from a borrow source outside of the campground. Fill may not be excavated within the boundaries of the Corps property. The COR shall be notified and must give his or her concurrence before removal of rootballs.

d. Stump Grinding and Removal:

i. Area 1: Any stump >1 inch in diameter and twenty (20) feet or less from a campsite, building or from the main road shall be ground and removed. No stumps should be removed that are more than twenty feet from campsites, buildings or the main road.

ii. Area 2: All stumps within area 2 should be ground to ground level and any resulting holes filled with dirt and topsoil. The Contractor is responsible providing the topsoil and for filling, compacting and leveling the topsoil in the holes created by the tree stumps. Seeding will be accomplished by the Park staff at a later time.

e. Remove Brush and Chip Piles: The contractor will be required to remove all existing brush and chip piles in Areas 1, 2, and 3 from the property.

4. General Requirements

a. Base Contract and Options

i. Base Contract: The base contract consists of Work in Area 1.

The Government’s objective is to be able to open the campground on 4 September.

ii. Options: Work in Areas 2, 3 and 4 are options within this contract.

b. Work Restrictions:

i. Prior to 1 September 2015, the Contractor has unrestricted access to the site. Extended work hours or shift work is permitted after coordination with the GLRA Park Manager.

ii. After 1 September 2015, the public will have access to the park and the Contractor may need to take additional precautions to ensure the safety of the public. Work hours shall be between 0700 and 1630. Depending on the location of the work, extended hours may be arranged with the Supervisory Park Manager.

iii. At all times, the Contractor must maintain access to the USACE office.

iv. The Contractor shall inform the Government in writing three

(3) days prior to working in Area 4.

v. During work within Area 4, the St. Paul District’s archaeologist must be on-site and will monitor stabilization efforts within the burial mound zone.

vi. No heavy machinery or dragging of logs should be allowed within the confines of the burial mound zone (Area 4) without on the ground guidance from the St. Paul District’s archaeologist.

vii. Should the Contractor, in the course of clean-up activities discover human remains, associated and/or unassociated funerary objects, sacred objects, or objects of cultural patrimony, activity in the vicinity of the discovery must immediately cease. The Contractor shall take immediate steps to secure and protect these remains, including stabilization and covering. The Contractor shall immediately notify the Government of the discovery and its location. All actions pertaining to human remains shall be done in accordance with the Minnesota's Private Cemeteries Act (MN Stats., s. 307.08) and the

Native American Graves Protection and Repatriation Act. No further activity will be allowed in the area of the discovery until the Corps completes the consultation process with appropriate Native American groups.

5. Measurement and Payment The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner. The contract work shall include providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, testing and meeting safety requirements, and for performing all work required for which separate payment is not otherwise provided. Compensation for all work shown, specified, or essential to completion of the project (whether or not the specific material or operation is indicated) shall be included on the bidding schedule. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract. Payment for each contract line item will constitute full compensation for furnishing the materials and completing the work as specified.

6. Additional Contract Specifications Rutting and Soil Disturbance The contractor shall minimize any additional soil disturbance. The contractor will be responsible for repairing any ruts >3 inches deep to a condition indistinguishable from the surrounding ground surface.

The Corps of Engineers reserves the right to withhold payment until any ruts have been satisfactorily remediated.

Disposal of Materials All materials must be disposed of in accordance with all local, County and State of Minnesota disposal regulations. There are markets available for profitable disposal of woody biomass in the area. A list of local biomass contractors is included as Attachment 2.

Protection of Facilities Precautions: There is extensive infrastructure within the campground that needs to be protected, including 42 campsites and multiple buildings. All trees with the potential to cause damage to permanent infrastructure should be removed in pieces from the top down and should not be felled as whole trees.

Safety The Contractor shall submit an accident prevention plan for performing the work. The plan shall be in conformance with Appendix A of the Safety and Health Requirements Manual, USACE EM 385-1-1 Safety and Health Requirements Manual at http://www.publications.usace.army.mil/Portals/76/Publications/Enginee rManuals/EM_385-1-1.pdf. Please contact Barry Simmonds, Corps of

Engineers, St. Paul District safety officer (651-290-5501, Barry.W.Simmonds@usace.army.mil) for guidance related to completion of the accident prevention plan.

7. Contract Administration Site Visit Contractors are highly encouraged to visit the site prior to bidding.

The St. Paul District has not quantified the work; it is the responsibility of the Contractor to make that assessment. Many areas are currently closed and coordination with the Park Manager, Mary Kay Larson(contact info below), is required to gain access to these areas.

Initial Meeting and Coordination of Work Upon awarding the contract, a pre-work meeting will be held at the GLRA. Contractors should contact the COR regarding the initial meeting and to coordinate contract work.

Corps of Engineers Contacts Supervisory Park Ranger: Corrine Hodapp, 651-290-5790, Corrine.K.Hodapp@usace.army.mil

GLRA Park Manager: Mary Kay Larson, 651-290-5770, MaryKay.L.Larson@usace.army.mil

Contracting Officer’s Representative: Jason Hauser, 651-290-5791 Jason.A.Hauser@usace.army.mil

Attachment 1 – Site Map

Attachment 2 – Biomass Contractors

* Timberlane Forestry Erik Eggen 218-232-3055

* Fibrominn Jeff Schommer 218-232-3230

* Sylva Corp Larry Doose 612-490-6133

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212‐1 INSTRUCTIONS TO OFFERORS‐‐COMMERCIAL ITEMS (APR

2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 (p) 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 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 ( ___ ) is, ( ___ ) is not a small business concern.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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

(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…