CSS_W912HQ-16-T-0016.pdf

Solicitation Number: W912HQ-16-T-0016 – Request for Quotation

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR Subpart 12.6 -- Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through FAC 2015-87 Effective 16 May 2016.

The requirement is set aside 100% for small business and the associated NAICS code is 532412 for Construction, Mining and Forestry Machinery and Equipment Rental and Leasing. The size standard for this NAICS code is $32,500,000.00.

Description: The U.S. Army Prime Power School (USAPPS) PLDC requires equipment for the training yard, operations and maintenance and to instruct the Soldiers in the PLDC at the USAPPS, Fort Leonard Wood Missouri. Services to be provided through a vehicle contract include leasing of a Digger Derrick Truck, Aerial Lift Bucket Trucks, and required maintenance for all vehicles

Date, Time, and Place Offers are Due: The closing date for the delivery of a response to this combined synopsis/solicitation is on or before 1:00 p.m. Eastern Daylight Time (EDT), on Monday, 20 June 2016. All questions regarding combined synopsis/solicitation W912HQ-16-T-0016 must be received in writing at the e-mail address listed below no later than 1:00 pm Eastern Daylight Time (EDT) on Tuesday, 07 June 2016 in order to allow the Government time to review and respond accordingly. Questions received after 1:00 pm EDT on 07 June 2016 are not guaranteed to be answered prior to the solicitation closing date.

Quotes should be e-mailed or mailed to the Point of Contact shown below by the closing date and time: If Quotes are mailed, an electronic version of the quote (i.e. CD, DVD, etc.) should accompany the paper copy.

Point of Contact (POC): Eric Thor, Contract Specialist Address: US Army Humphreys Engineer Center Support Activity CECT-HC 7701 Telegraph Road Alexandria, VA 22315-3860 Phone: 703-428-6234 E-mail: eric.p.thor@usace.army.mil

Lease Agreements: Any company lease agreement submitted for execution shall not conflict with Government terms and conditions and must cite this disclaimer.

Period and Place of Performance:

The Base Period is 15 July 2016 – 14 July 2017 and the Option Period is 15 July 2017 – 14 July 2018. Trucks will be delivered to Fort Leonard Wood, MO.

W912HQ-16-T-0016

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

ONE 47FT DIGGER DERRICK 4X4 TRUCK (for two classes)

FFP

47 foot Digger Derrick 4x4 Truck with hydraulic extending full capacity intermediate and upper booms. Provided vehicle shall meet the technical specifications listed in the Digger Derrick Technical Specifications.

FOB: Destination

MILSTRIP: W906EE60974884

PURCHASE REQUEST NUMBER: W906EE60974884

NET AMT

0002 1 Job

TWO 60FT MATERIAL HANDLING AERIAL LIFT (for two classes)

FFP

Two 60 foot Aerial Lift Bucket 4x4 Truck with Material Handler. Provided vehicle shall meet the technical specifications listed in the Aerial Lift

Bucket Truck technical specifications

FOB: Destination

0003 1 Job

DELIVER/RETURN FEE FOR 47FT DIGGER

FFP

FOB: Destination

0004 1 Job

DELIVER/RETURN FEE FOR 60FT AERIAL LIFT

FFP

FOB: Destination

1001 1 Job

OPTION Option Year 1 ‐ ONE 47FT DERRICK Truck ‐ (for two classes)

FFP

47 foot Digger Derrick 4x4 Truck with hydraulic extending full capacity intermediate and upper booms. Provided vehicle shall meet the technical specifications listed in the Digger Derrick Technical Specifications

FOB: Destination

1002 1 Job

OPTION Option Year 1 ‐ TWO HANDLING AERIAL LIFT (for two classes)

FFP

Two 60 foot Aerial Lift Bucket 4x4 Truck with Material Handler. Provided vehicle shall meet the technical specifications listed in the Aerial Lift

Bucket Truck technical specifications.

FOB: Destination

1003 1 Job

OPTION Option Year 1 ‐ DELIVERY FEE Digger

FFP

FOB: Destination

1004 1 Job

OPTION Option Year 1 ‐ DELIVERY FEE AERIAL LIFT

FFP

FOB: Destination

PURCHASE DESCRIPTION

1.1 General Information

1.2 Description of services and introduction:

The U.S. Army Prime Power School (USAPPS) Power Line Distribution Course (PLDC) requires equipment for the training yard, operations and maintenance and to instruct the Soldiers in the PLDC at the USAPPS, Fort Leonard Wood Missouri. Services to be provided through a vehicle contract include leasing of a Digger Derrick Truck, Aerial Lift Bucket Truck, and required maintenance for all vehicles as outlined in this Purchase Description (PD).

1.3 Background:

The USAPPS provide industry standard technical training for Soldiers and Sailors to install, operate and maintain utility grade power production and distribution systems in support of unified land operations and humanitarian support missions worldwide. The PLDC trains active duty and reserve Soldiers in construction, installation, operation, and maintenance of low and medium voltage power distribution systems in support of the USAPPS mission. This mission focused training prepares Soldiers to be safe, productive, and efficient technical specialists in a complex and dynamic operating environment.

1.4 Objectives:

1.4.1 The contractor shall provide one 47 foot Digger Derrick 4x4 Truck with hydraulic extending full capacity intermediate and upper booms during the periods defined in Section

1.5. Provided vehicle shall meet the technical specifications listed in Section 4.0.

1.4.2 The contractor shall provide two 60 foot Aerial Lift Bucket 4x4 Truck with Material Handler during the periods defined in Section 1.5. Provided vehicle shall meet the technical specifications listed in Section 4.0.

1.4.3 The contractor shall ensure that all services and maintenance as required by each vehicle’s maintenance manual are completed on all vehicles prior to the vehicles arrival at the U.S. Army Prime Power School. Examples include lube, oil, filters, and fluid levels.

1.4.4 The contractor shall perform all services and maintenance required by the maintenance manuals in a timely manner for the duration of the period of the performance as outlined in this PD. The services and maintenance will be scheduled with the USAPPS personnel so it will not conflict with class instruction.

1.4.5 The contractor shall perform all vehicle breakdown repairs on vehicles during the period of performance. The contractor shall have maintenance personnel on site to assess the vehicle’s deficiency no later than 48 hrs from the time the deficiency was reported to the contractor. Once the deficiency is identified, the vehicle shall be repaired or replaced within seven calendar day from the day the deficiency was reported to the contractor.

1.5 Scope:

The US Army Prime Power School requires one 47 foot Digger Derrick 4x4 Truck and two 60 foot material handling Aerial Lift Bucket 4x4 Truck to conduct the Power Line Distribution Course. PLDC is programed for two, 40 training day classes per year with 12 students per class. PLDC cadre consists of three active duty military instructors. The military instructors are qualified persons to operate the equipment and will assure that its operation is in compliance with any applicable laws, regulations, or standards. Vehicles will be delivered and picked up on the following dates:

The Base Period is 15 July 16 – 14 July 2017 and includes two classes:

Class 1: 15 July 2016 – 18 November 2016

Class 2: 26 December 2016 – 07 April 2017

The Option Period 1 is 15 July 2017 – 14 July 2018 and includes two classes:

Class 3: 21 August 2017 – 17 November 2017

Class 4: Date to be determined by the Government no later than 31 MAY 2017

1.6 Period of performance:

1.6.1 The period of performance for this contract will start on the effective date of award and for a period of one year and one option period.

1.6.2 The government reserves the right to extend the terms of this contract at the prices set forth in accordance with the terms and conditions contained in clause 52.217-9 entitled “Option to extend the terms of the contact,” for one additional option period consisting of up to three class rentals.

1.6.3 Each option year shall be awarded based on the continued needs of the government for the services outlined in this contract. The period of performance for each option year shall be provided by the government to the contractor upon award of each option year.

1.7 General Work Information:

1.7.1 Recognized holidays: The Prime Power School recognizes all federal holidays. A list of all observed federal holidays is available upon request.

1.7.2 Hours of operation and place of performance: USAPPS hours of operation are Monday through Friday between 0730hrs. and 1630hrs. The PLDC observes all Saturdays and Sundays as non- duty days (weekends). Contractor shall be required to perform any vehicle service or maintenance during normal hours of operation at Building 12630 FLW 28, Fort Leonard Wood, MO 65473.

1.7.3 Security requirements: Contractor employees shall possess the credentials required to enter a military installation. This may require registering the vehicle with the visitor processing center and submitting to vehicle inspections at access control points. State or federal issued photo identification is required to gain access to Fort Leonard Wood. A security clearance is not required in the performance of this contract.

1.7.3.1 Physical security. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.7.3.2 The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the Technical POCrect information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the TECHNICAL POC no later than 3 business days after the initial contract award.

2.0 Government-furnished items and services:

2.1 Facilities: The government shall furnish the necessary storage space, security, and preventive maintenance for all rented vehicles during the contracted periods of performance as outlined in the PD. This includes daily, weekly, and monthly Preventive Maintenance Checks and Services (PMCS) and the replacement of any fluids lost due to normal use, such as fuel replacement. If a deficiency is detected during a PMCS inspection, the PLDC Instructor will immediately inform the KO, so that the contractor can dispatch maintenance personnel as outlined in this PD. Lodging, transportation, and meals are not provided by the government when the contractor is on site.

2.2 Utilities: All utilities in the facility are available for the contractor’s use in performance of duties outlined in this PD. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.0 Contractor-furnished items and services:

The contractor shall furnish everything required to perform work outlined in this PD.

3.1 Post-award conference or periodic progress meetings: The contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The KO, TECHNICAL POC, and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the KO will apprise the contractor of how the government views the contractor's performance, and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

3.2 The TECHNICAL POC monitors all technical aspects of the contract and assists in contract administration. The TECHNICAL POC is authorized to perform the following functions: assure the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor contractor's performance and notify both the KO and contractor of any deficiencies; coordinate availability of government-furnished property; and provide site-entry of contractor personnel. A letter of designation issued to the TECHNICAL POC, a copy of which is sent to the contractor, states the responsibilities and limitations of the TECHNICAL POC, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The TECHNICAL POC is not authorized to change any of the terms and conditions of the resulting order.

3.3 Contract manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the KO. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

3.4 Identification of contractor employees: All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

4.0 Specified Tasks:

Specified Tasks: Performance Objective:

Performance Requirement:

Provide a 47 ft.

Digger Derrick Truck

Deliver Truck to the

USAPPS

Contractor shall ensure that the truck is fully operational; able to perform all task required of a 47 ft. Digger Derrick truck to include but not limited to: pulling, setting, and transporting 40 and 60 ft. class three utility poles, operation of hydraulic lines for hydraulic tamper and other hydraulic tools, and digging holes to depths of eight feet.

Provide two 60 ft.

Aerial Lift Bucket Truck with Material Handler

Deliver Trucks to the

USAPPS

Contractor shall ensure that the trucks are fully operational; able to perform all tasks required of a 60 ft. Aerial Lift Truck to include but not limited to: full pressure hydraulic system capable of raising the bucket to work height above 60 ft., material handling system with hydraulic extend jib with a lift capacity of 2000lbs, hydraulic tool circuits at the platform, and platform capable of a max. weight capacity of over 500lbs and able to support two workers.

Provide service maintenance on all Trucks

Completed as outlined in the vehicles maintenance manual

Contractor shall ensure that the service maintenance is completed so that no service maintenance will be required by the USAPPS during the period of performance with the exception of daily inspections and replacement of fluids used such as fuel.

Provide vehicle breakdown maintenance

Repair or replace vehicles due to a breakdown

Contractor upon notification from the KO of a vehicle breakdown will dispatch maintenance personnel to assess the damage within 48 hours and have the vehicle repaired or replaced within 7 calendar days.

Performance of equipment

Equipment will perform within equipment operating parameters

Contractor shall ensure that the equipment will operate within equipment operating parameters (i.e. range of movement, lifting,…)

5.0 Delivery Schedule:

5.1 Vehicles shall be delivered to the USAPPS on the first day each class period specified in Section 1.5.

5.1 A joint inspection between the contractor and government shall be conducted to ensure that delivered vehicles have no existing damage and operate safely. Documentation of the inspection shall be provided to the government at the conclusion of the inspection and will include pictures and a written checklist.

5.1 Vehicles shall be picked up from the USAPPS on the last day of each class period specified in Section 1.5.

A joint inspection between the contractor and government shall be conducted to ensure that returned vehicles have no damage and to identify maintenance issues encountered during use.

The documentation from Section 6.1.2 will be used as the basis for the turn in inspection.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

0004 N/A N/A N/A Government

1001 N/A N/A N/A Government

1002 N/A N/A N/A Government

1003 N/A N/A N/A Government

1004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15‐JUL‐2016 TO

14‐JUL‐2017

N/A PRIME POWER SCHOOL

BUILDING 12630, FLW 28

FORT LEONARD WOOD MO 65473

FOB: Destination

W906EE

0002 POP 15‐JUL‐2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15‐JUL‐2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15‐JUL‐2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 15‐JUL‐2017 TO

14‐JUL‐2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 15‐JUL‐2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 15‐JUL‐2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 15‐JUL‐2017 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203‐17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower

Rights

APR 2014

52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204‐9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204‐16 Commercial and Government Entity Code Reporting JUL 2015

52.208‐4 Vehicle Lease Payments APR 1984

52.208‐5 Condition of Leased Vehicles APR 1984

52.208‐6 Marking of Leased Vehicles APR 1984

52.208‐7 Tagging of Leased Vehicles MAY 1986

52.209‐5 Certification Regarding Responsibility Matters OCT 2015

52.212‐1 Instructions to Offerors‐‐Commercial Items OCT 2015

52.212‐4 Contract Terms and Conditions‐‐Commercial Items MAY 2015

52.225‐25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran‐‐

Representation and Certifications.

OCT 2015

52.228‐5 Insurance ‐ Work On A Government Installation JAN 1997

52.228‐8 Liability and Insurance ‐ Leased Motor Vehicles MAY 1999

52.232‐40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242‐13 Bankruptcy JUL 1995

52.242‐15 Stop‐Work Order AUG 1989

52.252‐5 Authorized Deviations In Provisions APR 1984

252.203‐7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203‐7002 Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.203‐7005 Representation Relating to Compensation of Former

DoD Officials

NOV 2011

252.204‐7003 Control Of Government Personnel Work Product APR 1992

252.204‐7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204‐7015 Disclosure of Information to Litigation Support

Contractors

FEB 2014

252.209‐7004 Subcontracting With Firms That Are Owned or

Controlled By The Government of a Country that is a

State Sponsor of Terrorism

OCT 2015

252.213‐7000 Notice to Prospective Suppliers on Use of Past

Performance Information Retrieval System‐‐Statistical

Reporting in Past Performance Evaluations

JUN 2015

252.225‐7001 Buy American And Balance Of Payments Program‐‐

Basic (Nov 2014)

NOV 2014

252.225‐7012 Preference For Certain Domestic Commodities FEB 2013

252.225‐7048 Export‐Controlled Items JUN 2013

252.232‐7003 Electronic Submission of Payment Requests and

Receiving Reports

JUN 2012

252.232‐7010 Levies on Contract Payments DEC 2006

252.243‐7001 Pricing Of Contract Modifications DEC 1991

252.243‐7002 Requests for Equitable Adjustment DEC 2012

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:

Lowest Price Technically Acceptable in accordance with The enclosed Purchase Description.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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 (APR 2016)

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

(r) of this provision.

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

“Economically disadvantaged women‐owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

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

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate‐‐

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

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service‐disabled veteran‐owned small business concern‐‐

(1) Means a small business concern‐‐

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

Veteran‐owned small business concern means a small business concern‐‐

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

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

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

"Women‐owned small business concern" means a small business concern‐‐

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

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

Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

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

[Offeror to identify the applicable paragraphs at (c) through (r) 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 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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American‐

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

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act‐Free Trade Agreements‐Israeli Trade Act Certificate, Alternate I (Jan 2004). If

Alternate I to the clause at FAR 52.225‐3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American‐Free Trade Agreements‐Israeli Trade Act Certificate, Alternate II (Jan 2004). If

Alternate II to the clause at FAR 52.225‐3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

(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 $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or

Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof 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…