B 01 - Combined Synopsis_Solicitation - Latrine Greywater.pdf

Combined Synopsis and Solicitation

Minnesota Army and Air National Guard

Contracting Office Address: Subject/Title: Issue Date:

USP&FO Camp Ripley, 15000 Hwy 115 Little Falls, MN 56345

Latrine Greywater 27 January 2020

DESCRIPTION:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

This announcement is being issued as REQUEST FOR QUOTE and constitutes the only solicitation; quotes are being requested. This solicitation document and incorporated provisions and clauses are those in effect through the Federal

Acquisition Circular, FAC 2020-02.

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL BE MADE UNTIL

APPROPRIATED FUNDS ARE MADE AVAILABLE.

Solicitation Number: W912LM-19-R-0002

Closing Response Date: 26 February 2020

Closing Response Time: 1:00 PM

Anticipated Award Date:

SHORT OF AWARD

No Later than 31 March

Product or Service Code: W085

NAICS: 56219

Set-aside Status: 100% EDWOSB

Size Standard: $41,500,000

Inspection/Acceptance: Government, 7 days

FOB: Destination

Delivery / Place of Performance:

15000 Hwy 115, Camp Ripley, Little Falls, MN 56345-4173

ADMINISTRATIVE POINT OF CONTACT:

Name: Phone: Email:

Jonathan Larsen 320-616-2694 Jonathan.d.larsen2.mil@mail.mil

PREPARING AND SUBMITTING QUOTE:

Response is encouraged to include past performance information: other military, commercial, and civilian companies with whom you have done business. Include country of manufacture for all items. Include feasible delivery dates.

All questions and quotes must be directed to above point of contact. Questions asked within 1 week of solicitation close will be answered at the discretion of the Contracting Office. Emailed quotes are preferred. Late quotes may be rejected at the Contracting Officer’s discretion.

Please make quotes good until 31 March 2020.

Place the solicitation number in the subject line of any email.

LINE ITEMS:

The Minnesota Army and Air National Guard has a requirement for the below line items and anticipates issuing FIRM

FIXED PRICE order. See the Performance Work Statement (PWS), Technical Exhibit 4 for referencing annual quantity estimates.

Line Item Number:

QTY: Unit of Issue:

Description:

0001 70 Job

Greywater Pumping Service The contractor shall provide all management, labor, material, equipment and supplies necessary to provide pumping and disposal services of grey water storage tanks for the MN Army National Guard (ARNG) per description in provided PWS.

Period of Performance: 1 April 2020 - 31 March 2021

1 Month

Greywater Rental Tanks 1000 Gal The contractor shall be able to provide a 1,000 gallon greywater storage tank for rent. The contractor shall be able to deliver and place the storage tank to the site requested.

Period of Performance: 1 April 2020 - 31 March 2021

0003 4 Job

Clean and Move AHATS Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Relocate the latrine to a new location

0004 5 Job

Winter Delivery AHATS Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

NOTE: Period of Performance: 1 April 2020 - 31 March 2021

0005 50 Job

Summer Delivery AHATS Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2020 - 31 March 2021

0006 320 Job Hand Sanitizer for Both Locations Charge for additional Hand Sanitizer.

Period of Performance: 1 April 2020 - 31 March 2021

0007 540 Job

Service in Place Winter CRTC Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance 1 April 2020 - 31 March 2021

0008 3,650 Job

Service in Place Summer CRTC Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance : 1 April 2020 - 31 March 2021

0009 70 Job

Clean and Move CRTC Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine. Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Relocate the latrine to a new location Period of Performance: 1 April 2020 - 31 March 2021

0010 9 Job Handicapped Latrine Provide Handicap Accessible Latrines as Requested by End User.

Period of Performance: 1 April 2020 - 31 March 2021

0011 225 Job

Winter Delivery CRTC Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2020 - 31 March 2021

0012 1,350 Job

Summer Delivery CRTC Delivery of Latrines with Hand Sanitizer and Toilet Paper as requested by the end user.

Period of Performance: 1 April 2020 - 31 March 2021

0013 1 Month

Greywater Storage Tank 300 Gal The contract shall be able provide a 300 gallon greywater storage tank for rent.

The contractor shall be able deliver and place the storage tank to the site requested.

Period of Performance: 1 April 2020 - 31 March 2021

0014 5 Job

Handicapped Latrine Cleaning CRTC Clean Handicap Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine. Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance: 1 April 2020 - 31 March 2021

0015 1 Job

Manpower Reporting Once yearly fee for completion of manpower reporting requirements IAW the The contractor will be required to report NLT 31 October of each year on the previous Fiscal Years contracted performance (Fiscal Year End being 31 September).

1001 70 Job

Greywater Pumping Service Option Year 1 The contractor shall provide all management, labor, material, equipment and supplies necessary to provide pumping and disposal services of grey water storage tanks for the MN Army National Guard (ARNG) per description in provided PWS.

Period of Performance: 1 April 2021 - 31 March 2022

1002 1 Month

Greywater Rental Tanks 1000 Gal The contractor shall be able to provide a 1,000 gallon greywater storage tank for rent. The contractor shall be able to deliver and place the storage tank to the site requested.

1003 4 Job

Clean and Move AHATS Option Year 1 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Relocate the latrine to a new location

1004 5 Job

Winter Delivery AHATS Option Year 1 Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2021 - 31 March 2022

1005 1 Job

Summer Delivery AHATS Option Year 1 Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2021 - 31 March 2022

1006 320 Job

Hand Sanitizer for Both Locations Option Year 1 Charge for additional Hand Sanitizer.

Period of Performance: 1 April 2021 - 31 March 2022

1007 540 Job

Service in Place Winter CRTC Option Year 1 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance 1 April 2021 - 31 March 2022

1008 3,650 Job

Service in Place Summer CRTC Option Year 1 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance : 1 April 2021 - 31 March 2022

1009 70 Job

Clean and Move CRTC Option Year 1 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine. Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

1010 9 Job

Handicapped Latrine Option Year 1 Provide Handicap Accessible Latrines as Requested by End User.

Period of Performance: 1 April 2021 - 31 March 2022

1011 225 Job

Winter Delivery CRTC Option Year 1 Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2021 - 31 March 2022

1012 1,350 Job

Summer Delivery CRTC Option Year 1 Delivery of Latrines with Hand Sanitizer and Toilet Paper as requested by the end user.

Period of Performance: 1 April 2021 - 31 March 2022

1013 1 Month

Greywater Storage Tank 300 Gal Option Year 1 The contract shall be able provide a 300 gallon greywater storage tank for rent.

The contractor shall be able deliver and place the storage tank to the site requested.

Period of Performance: 1 April 2021 - 31 March 2022

1014 5 Job

Handicapped Latrine Cleaning CRTC Option Year 1 Clean Handicap Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine. Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance: 1 April 2021 - 31 March 2022

1015 1 Job

Manpower Reporting Once yearly fee for completion of manpower reporting requirements IAW the The contractor will be required to report NLT 31 October of each year on the previous Fiscal Years contracted performance (Fiscal Year End being 31 September).

2001 70 Job

Greywater Pumping Service Option Year 2 The contractor shall provide all management, labor, material, equipment and supplies necessary to provide pumping and disposal services of grey water storage tanks for the MN Army National Guard (ARNG) per description in provided PWS.

Period of Performance: 1 April 2022 - 31 March 2023

2002 1 Month

Greywater Rental Tanks 1000 Gal Option Year 2 The contractor shall be able to provide a 1,000 gallon greywater storage tank for rent. The contractor shall be able to deliver and place the storage tank to the site requested.

Period of Performance: 1 April 2022 - 31 March 2023

2003 4 Job

Clean and Move AHATS Option Year 2 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

2004 5 Job

Winter Delivery AHATS Option Year 2 Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2022 - 31 March 2023

2005 50 Job

Summer Delivery AHATS Option Year 2 Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2022 - 31 March 2023

2006 320 Job

Hand Sanitizer for Both Locations Option Year 2 Charge for additional Hand Sanitizer.

2007 540 Job

Service in Place Winter CRTC Option Year 2 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance 1 April 2022 - 31 March 2023

2008 3,650 Job

Service in Place Summer CRTC Option Year 2 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance : 1 April 2022 - 31 March 2023

2009 70 Job

Clean and Move CRTC Option Year 2 Clean Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Relocate the latrine to a new location Period of Performance: 1 April 2022 - 31 March 2023

2010 9 Job

Handicapped Latrine Option Year 2 Provide Handicap Accessible Latrines as Requested by End User.

Period of Performance: 1 April 2022 - 31 March 2023

2011 225 Job

Winter Delivery CRTC Option Year 2 Delivery of Latrines with Hand Sanitizer and Toilet Paper during Winter months when additional chemicals are required to prevent freezing as requested by the end user.

Period of Performance: 1 April 2022 - 31 March 2023

2012 1,350 Job

Summer Delivery CRTC Option Year 2 Delivery of Latrines with Hand Sanitizer and Toilet Paper as requested by the end user.

2013 1 Month

Greywater Storage Tank 300 Gal Option Year 2 The contract shall be able provide a 300 gallon greywater storage tank for rent.

The contractor shall be able deliver and place the storage tank to the site requested.

Period of Performance: 1 April 2022 - 31 March 2023

2014 5 Job

Handicapped Latrine Cleaning CRTC Option Year 2 Clean Handicap Latrines to include washing down the inside top to bottom.

Pump sewage from the latrine.

Replace Hand Sanitizer and Toilet paper.

Pick up any Trash or paper products that are on the floor inside the latrine.

Wash down the outside of the latrine, if needed.

Period of Performance: 1 April 2022 - 31 March 2023

2015 1 Job

Manpower Reporting Option Year 2 Once yearly fee for completion of manpower reporting requirements IAW the The contractor will be required to report NLT 31 October of each year on the previous Fiscal Years contracted performance (Fiscal Year End being 31 September).

Please use the ESTIMATED QUANTITY PRICING XLSX to quote prices. Period of Performance will be adjusted, if needed, on all line items to align with award date.

EVALUATION:

The Government plans to award a contract resulting from this solicitation to the offer conforming to the solicitation which will be most advantageous to the Government. Quotes will be evaluated using price, technical, and past performance. All solicitation specifications are not absolute and the Minnesota Army and Air National Guard will consider innovative solutions to this requirement. Quotes may be comparatively evaluated in compliance with FAR

13.106-2 (b) (3). Be sure to submit/attach enough additional information to enable the Government to fully ascertain the specifications/capabilities of any products quoted. The government will seek 3rd party consumer reviews of quoted items to determine technical ratings

THE GOVERNMENT INTENDS TO ISSUE ONE (1) CONTRACT BUT RESERVES THE RIGHT TO CONSIDER PARTIAL OR

MULTIPLE AWARDS.

If not already registered in SAM, go to https://sam.gov/SAM/ to register prior to submitting quote. At the time of evaluation of your quote/bid/proposal, your company must have an active status in SAM.gov.

Electronic Documents: All electronic documents must NOT be “secured”, “locked”, or otherwise inaccessible. Submitter risks rejection if documents prove inhospitable to viewing and evaluation. Utilize standard Microsoft or Adobe formats, and net file size of all documents should be less than 10MB.

CLAUSES AND PROVISIONS:

EMS STATEMENT

Environmental Stewardship: The Minnesota National Guard has an Environmental Management System.

The Environmental Policy can be found at:

http://www.minnesotanationalguard.org/camp_ripley/environment/assets/MN_Adjutant_Generals_Environ mental_Policy_Statement.pdf Information regarding the Environmental Management System can be obtained by contacting the Environmental Program Manager at 320.616.2618.

https://sam.gov/SAM/

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-18 Prohibition on Contracting With Entities That Require

Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-11 Representation by Corporations Regarding Delinquent

Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

OCT 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-19 Child Labor -- Cooperation with Authorities and

Remedies

OCT 2019

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibition on Contracting with Entities Engaging in

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

AUG 2018

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

52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-18 Availability of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection of Services- Fixed Price AUG 1986 52.252-6 Authorized Deviations In Clauses APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

DEC 2008

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 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

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

Basic

DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

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

Receiving Reports

DEC 2018

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

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

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

(ii) 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. Sec. 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.

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

(iv) 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).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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:

Evaluation method: Best Value

Evaluation criteria: Price, Technical approach, and past performance, all being equal in evaluation.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

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

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://www.sam.gov/

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and

Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

38 U.S.C. 101(16).

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

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

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

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

124.104) individuals who are citizens of the United States; and

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

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

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

“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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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.

http://www.sam.gov/

(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: 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.