RFQ_W912HN-15-T-0016.pdf

W912HN-15-T-0016

This notice is being posted as an avenue to provide Request for Quotes, W912HN-15-T-0016.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; THERE

WILL NOT BE A SEPARATE PRE-SOLICITATION NOTICE POSTED WITH THIS

ACTION. QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL

NOT BE ISSUED. This will be a small business set-aside procurement. The solicitation number is W912HN-15-T-0016, and the solicitation is issued as a Request for Quote (RFQ). The NAICS code is 561730 with a small business size standard of $7,500,000.00 average annual receipts. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-81.

Description of Requirement: The US Army Corps of Engineers Richard B. Russell Project is requesting herbicide application and nuisance plant control services for specific areas in Elbert County, GA and Abbeville County, SC.

NOTICE TO BIDDERS

Solicitation Number: W912HN-15-T-0016 All Quotations are due no later than 2:00 PM 15 May 2015 Quotation Packages can be emailed to the attention of Stephanie Rush, Contract Specialist at stephanie.e.rush@usace.army.mil or sent via U.S. Mail as follows:

All RFQs must be clearly identified with the contractor’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Request for Quote: W912HN-15-T-0016 Due Date: 15 May 2015 Time by which Quotes are due: 2:00 PM (Eastern Time)

Title of Project: FY15 Herbicide & Nuisance Plant Control

Quotes must be addressed as indicated below.

U. S. Army Corps of Engineers, Savannah District Attn: CECT-SAS-E (Stephanie Rush) 100 W. Oglethorpe Avenue Savannah, Georgia 31401-3640

All questions are to be directed to Stephanie Rush at Stephanie.E.Rush@usace.army.mil and Bruce Helms at bruce.a.helms@usace.army.mil.

mailto:stephanie.e.rush@usace.army.mil mailto:Stephanie.E.Rush@usace.army.mil mailto:bruce.a.helms@usace.army.mil

PLACE OF PROJECT PERFORMANCE: US Army Corps of Engineers Richard B.

Russell Project, Elbert County, GA and Abbeville County, SC

BASIS FOR AWARD: Contract award shall be made to the responsible Offeror whose quote provides the salient product characteristics indentified in the Statement of Work and the responsible Offeror who has the lowest price quote that meets the needs of the government per FAR 52.212-2, Evalution – Commercial Items.

The Government reserves the right to cancel this solicitation.

This announcement and written Request for Quote constitutes the only Request for Quote that will be made for this requirement.

Letter of Instructions FY15 Herbicide & Nuisance Plant Control

1. All Requests for Quote Packages must include the following:

• PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION:

Solicitation number; offeror's complete mailing and remittance addresses;

discount terms, DUNS number, and Tax Identification Number. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866-606-8220

• The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote

• Completion of Contractual CLIN 0001 as provided on the Request for Quote

Form on page 4 of this RFQ.

• Contractor to provide a copy of license and/or certification for commercial herbicide application as required by applicable regulatory agencies.

• In accordance with RFQ requirements, Offeror to provide a list of salient characteristics of Herbicide & Nuisance Plant Control offered.

http://www.acquisition.gov/

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Stephanie Rush Phone: (912) 652-5796 Fax: (912) 652-6059 Email: stephanie.e.rush@usace.army.mil

QUOTES DUE BY: 2 pm ON MAY 15, 2015

CONTRACTOR: ______________________________________________________

DUNS NO.: ______________________________________________________

CAGE CODE: ______________________________________________________

TAX ID NO.: ______________________________________________________

E-MAIL: ______________________________________________________

PHONE NO.: ______________________________________________________

DATE OF QUOTE: ______________________________________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project RBR FY15 Herbicide & Nuisance Plant Control. Contractor shall provide all requirements in accordance with the attached scope of work.

FOB: Destination

NET AMT

Quote is good until ___________________ (date).

QUOTE PREPARED BY:

(Printed Name and Title) (Signature)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUN-2015 TO

31-OCT-2015

N/A N/A

FOB: Destination

SCOPE OF WORK

RICHARD B. RUSSELL PROJECT

NUISANCE PLANT CONTROL FY 2015

SCOPE OF WORK

1. General Information

The contractor shall furnish all labor, equipment, materials, and tools to provide herbicide application and nuisance plant control services for specific areas in Elbert County, GA and Abbeville County, SC at the US Army Corps of Engineers Richard B.

Russell Project. The period of performance will be from 1 June 2015 thru 31 October 2015. Nuisance plants will be controlled in various areas that may require different control techniques including (but not necessarily limited to) spot application of herbicides, broadcast application of herbicides over large areas, and mechanical removal of vegetation. Application of glyphosate-based herbicide, triclopyr-based herbicide, and Monsanto Outrider (or equivalent) will be required by the contractor.

Types of areas that will require nuisance vegetation control include: riprapped areas, walkways / trails, graveled parking and other areas, graveled and paved roads, fences, fields, drainage ditches, and other areas specified herein.

2. Methods of Control

a. Initial application of herbicides will be between 01 June and 01 July. Inspection and treatment of nuisance vegetation shall be performed at least monthly after the initial application and end October 15. The contractor shall apply appropriate herbicides(s) as often as necessary to achieve control of nuisance weeds and plants.

b. A glyphosate based herbicide (Roundup or similar) of sufficient strength and formulation to kill all vegetation growing in treatment areas shall be used in most areas with the exception of johnsongrass control areas and in areas where predominantly woody or broadleaf vegetation control is desired. Johnsongrass control areas shall be treated with Monsanto Outrider or equivalent. In areas where predominately woody or broadleaf vegetation control is desired, a triclopyr-based herbicide (Garlon or similar) may be used. Approval to use different herbicides may be granted by the COR on a case-by-case basis for certain areas for the purpose of more effective vegetation control.

c. The following areas shall be treated for nuisance vegetation control. The desired methods of control are listed. Any substantial deviation from these methods shall require approval of the COR. Approximate measurements of these areas can be found on the attached maps. Note that all areas, lengths, and other measurements listed are estimated by using satellite photos and are not exact. The contractor may visit the areas by appointment prior to bidding to verify measurements and requirements.

• Chain link fence maintenance will be accomplished by herbicide application and/or weed eating two feet on each side of the fence and by removing any vegetation from the fence.

• All paved (concrete or asphalt) areas including roads, parking areas, and sidewalks shall be kept free of vegetation by spot treating with herbicide any vegetation growing in the cracks and seams as needed or by mechanical removal of the entire plant, including root structure.

• Ditches along the earthen embankments shall be spot treated with herbicide as necessary to kill all vegetation growing within them.

• Rip rap, graveled areas (including walkways, roadways, parking areas, and the area around the PMO solar panels), and maintained trails (whether graveled or not) will be treated by spot spraying or broadcast spraying with herbicide all vegetation growing in these areas as needed. Note that most of the rip rapped areas will need very little herbicide treatment, but some areas along the interpretive nature trail and most of the gravel roads will probably necessitate broadcast treatment with herbicide due to the amount of vegetation growing on them.

• In the dam safety / other areas, woody vegetation is the primary concern. In some of these areas, at the direction of the COR, it may be desirable to leave grassy vegetation for erosion control, so spot treatment by a triclopyr-based herbicide may be necessary. These areas may also have nuisance trees that will need to be cut down and stump treated.

• In fields identified specifically for johnsongrass control, other wildlife crops may be growing also. Herbicide may be applied over the existing crop. Monsanto Outrider (or equivalent) shall be applied to areas in the specified fields that contain actively growing johnsongrass. Application will be made when johnsongrass is at least 18-24 inches in height but before the heading stage. The specific date will be determined by coordination between the contractor and the government. The Outrider herbicide shall be sprayed per industry specifications and of sufficient strength and formulation (including proper mixing with a nonionic surfactant) to kill johnsongrass. Fields identified in the included maps may not need to be treated in their entirety for johnsongrass, as some of them do not have johnsongrass growing throughout the entire field area; however, up to 2 additional acres of areas not identified in the included maps may be identified for johnsongrass treatment with Outrider by the government after the award of the contract. Johnsongrass control areas will need only an initial treatment as long as successful control of johnsongrass is achieved. If a follow-up treatment is needed, it will be made no sooner than 40 days after the initial treatment and shall be made only after coordination with the government.

• The ~ 5 acre dove field near Waterfowl Drive, the ~7 acre dove field in the waterfowl management area, and the ~15 acre dove field at Middleton are identified in the attached maps for johnsongrass control will be planted in wheat.

Any wheat that is not killed by the application of Outrider for the purpose of johnsongrass control will need to be treated once at a later date with a glyphosate-based herbicide at a time directed by the COR to insure that the wheat is killed and dry in time to burn before dove season.

• Up to 6 additional acres of other areas not identified in the enclosed maps may be designated by the COR for general herbicide treatment by a glyphosate-based or triclopyr-based herbicide after the award of the contract if needed, and the contractor shall treat these areas also.

3. Certifications, Safety, and Reporting Requirements

a. Any person applying herbicide shall be licensed and certified for commercial herbicide application as required by applicable regulatory agencies. All work shall be in accordance with industry standards and all appropriate Federal, State, and local laws and regulations and with the U.S. Army Corps of Engineers “Safety and Health Requirements Manuals”, EM 385-1-1, available online at http://140.194.76.129/publications/eng-manuals/em385-1-1/2008_English/toc.html.

Hard copies of EM 385-1-1 are available at the Project Manager’s Office.

b. The contractor shall provide MSDS sheets for all chemicals used on the project prior to their application. The contractor shall complete and submit a post-application document after each application that includes but is not limited to the following information: date of application, name of person applying herbicide, location of application, method of application, type or types of herbicide used, total volume of herbicide applied, amount of active ingredient applied, and pertinent weather information (wind, rain, etc.). This document shall be given to the COR or his representative no more than 7 days after the day of application.

4. Compensation and Bidding

a. No payment shall be made by the government until all the contractor’s work has been inspected and approved by the COR or Corps quality assurance personnel. Work will be inspected periodically, and the contractor will be advised as soon as possible of any deficiencies found. Upon being advised of a deficiency, the contractor shall take immediate action to correct the deficiency at no cost to the government and insure that the deficiency does not recur, however, the contractor is responsible for satisfactory performance of all work and the inspection thereof and neither the presence nor absence of a Government inspector will relieve the contractor of any requirements of the contract.

b. The bid price shall be full compensation for performance of all work specified herein.

Bids shall be placed on a per-year basis. Any questions regarding requirements in the scope of work should be addressed prior to bidding. Questions regarding the scope of work should be directed to Glenn Kowalski at 706-213-3402 or to Zack Baldwin at 706- 213-3407. Potential bidders are encouraged to visit the site prior to bidding and may do so by appointment.

5. Access to Certain Areas

a. The contractor shall not enter into the fenced area of the switchyard and O2 Plant without someone from the Powerplant being with him/her to provide safety and security instructions. Any specific safety or security instructions shall be followed at all times.

The contractor may also have to be escorted by Corps personnel in other areas at times due to current security or safety concerns. Some areas requiring treatment are in areas closed to the public and are behind locked fences or gates. The contractor should coordinate with the COR or his representative at least 24 hours prior to needing access to these areas.

b. The COR, at his sole discretion, may allow a key to be temporarily issued to the contractor for access to some areas. If the contractor is issued a key, it must be returned upon request or at the end of the contract performance period. The contractor shall notify the COR within 24 hours after discovery that the key is lost, stolen, or missing. If the contractor cannot return this key due to loss, theft, or any other reason, a $50.00 deduction may be made from contract payment to help offset the government’s cost of rekeying.

6. Other Contract Specifications

a. The contractor shall meet with the COR or technical point of contact prior to commencement of the work periodically thereafter to discuss the performance requirements, administration, and progress of the contract. The frequency and timing of these meetings shall be determined by the COR. These meetings are part of the contract specifications; therefore, the bid price of the contract shall be considered full compensation to the contractor for attendance to these meetings. The COR shall give at least 24 hours notice prior to requiring the contractor to meet.

b. Work will be inspected periodically by the COR or his delegated quality assurance inspector and the contractor will be advised as soon as possible of any deficiencies found. Upon being advised of a deficiency, the contractor shall take immediate action to correct the deficiency at no cost to the government and insure that the deficiency does not recur, however, the contractor is responsible for satisfactory performance of all work and the inspection thereof and neither the presence nor absence of a Government inspector will relieve the contractor of any requirements of the contract.

c. Work performed as prescribed by these specifications shall be paid for as a lump sum price bid for the completion of the contract. Upon completion of the contract, the contractor shall notify the COR that work is completed and shall submit an invoice.

Upon approval of work by the COR, requests for payment will be processed. This price shall be full compensation for performance of all work specified herein.

d. The Contractor will be responsible for all damages to public property or private property, including but not limited to unintended damage to non-targeted vegetation that is caused by the work described. Care should be taken to avoid spraying herbicides on windy days.

e. The contractor shall clean up the job site and shall remove all trash and debris resulting from the work. No contractor equipment or materials shall be stored overnight on government property without prior consent from the COR. Any accidental spills of herbicides or other hazardous materials on government property shall be immediately reported to the COR and to the Richard B. Russell Project Environmental Compliance Coordinator (ECC). The contractor shall be responsible for the proper cleanup and any associated costs or damages from spills of herbicide or other hazardous materials on government property.

7. Maps (The areas of treatment maps will be added as Attachment I to the Solicitation document.)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014 52.213-3 Notice to Suppliers APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

(i) Lowest price quote

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) 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

(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 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 small business concern" means a small business concern—

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

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

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

(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 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.

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

(d) Representations 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 to the Equal Opportunity clause of this solicitation; 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 parts 60-1 and 60-2), or

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

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

Other Foreign End Products:

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

(2) Buy American—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—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

___ [List as necessary]

(3) Buy American—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--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

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

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

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

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

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

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 appear rights.

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

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 end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ___ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ___ ] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [ ___ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ___ ] does [ ___ ] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal…