A21-_W912PM19T0029,_Machine_Trades_IDIQ_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 8, 11, 12, 14, 15, and 16

1. Solicitation Number: W912PM19T0029

2. Solicitation Issue Date: 03 July 2019

3. Contract Specialist: Alicia Evans

4. Offer Due Date/Local Time: August 2, 2019 4:00 PM. Each offeror must submit both a Price Quote and a

Technical Proposal via the Federal Business Opportunities (FBO) website. No hard paper copies will be accepted or evaluated. Both the Price Quote and the Technical Proposal must be received by the closing date and time set for receipt of quotes.

5. Questions: All questions shall be in writing and e-mailed to alicia.g.evans@usace.army.mil. Questions concerning this solicitation will be accepted up to the Close of Business (4:00 PM EST) on 28 July 2019. The U. S.

Army Corp of Engineers does not commit to providing responses to questions submitted after this date; however attempts to answer questions will be made.

6. Issued By:

U.S. ARMY CORPS OF ENGINEERS

Attn: Alicia Evans

69 Darlington Avenue

Wilmington, North Carolina 28403-1343

7. This Acquisition is a small business set-aside under NAICS Code 332710 size standard of 500 Employees.

8. Discount Terms:

9. Method of Solicitation: RFQ mailto:alicia.g.evans@usace.army.mil.

10. The Solicitation incorporates by reference FAR 52.212-1, 52.212-4, 52.212-3, and 52.212.5. Addenda are attached.

11. Contractor/Offeror:

12. Total Price:

13. The Contractor Is Required To Sign This Document And Return 1 Copy To The Issuing Office. The Contractor

Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets

Subject To The Terms And Conditions Specified Herein.

14. Signature of Offeror/Contractor:

15. Name and Title of Signer (Type or Print)

16. Date Signed:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Year Machine Trades Services

The Contractor shall provide Machine Trade Services IAW the attached Statement of Work. The period of performance is for 12 months or $250,000 capacity in issued task orders; whichever comes first.

FOB: Destination

MILSTRIP: W81LJ890243243

NET AMT

1001 1 Job OPTION Option Year 1 Machine Trades Services

The Contractor shall provide Machine Trade Services IAW the attached Statement of Work. The period of performance is for 12 months or $250,000 capacity in

2001 1 Job OPTION Option Year 2 Machine Trades Services

The Contractor shall provide Machine Trade Services IAW the attached Statement of Work. The period of performance is for 12 months or $250,000 capacity in

3001 1 Job OPTION Option Year 3 Machine Trades Services

The Contractor shall provide Machine Trade Services IAW the attached Statement of Work. The period of performance is for 12 months or $250,000 capacity in

4001 1 Job OPTION Option Year 4 Machine Trades Services

The Contractor shall provide Machine Trade Services IAW the attached Statement of Work. The period of performance is for 12 months or $250,000 capacity in

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $1,500.00 $1,250,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $250,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2019 TO

31-AUG-2020

N/A ENGINEER REPAIR YARD, WILMINGTON,

DISTRI

KEN BAILEY

232 BATTLESHIP ROAD

WILMINGTON NC 28401

910-251-4617

W912PM

1001 POP 01-SEP-2020 TO

31-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

EVALUATION PERCENTAGES

EVALUATION PERCENTAGES

MACHINE TRADES IDIQ (2019-2024)

Engineer Repair Yard, Floating Plant Vessels, & Lake Project

The following percentages will be assigned to each CLIN, upon evaluation of quotes. This information is provided to illustrate to each quoter the percentage of the time that each line item is anticipated to be used over the expected life of the contract based on historical data.

For evaluation purposes, each line item total amount quote received will be multiplied by the evaluation percentage below. Then the extended line item amounts will be added together for each of the Contract Line

Items (CLINs). The lowest combined price for all 5 years that is technically acceptable will be the determining factor.

ITEM# SUPPLIES / SERVICES QTY UNIT EVAL % AMT

0001A Labor for machinist, straight time Hours 15% $

0001B Labor for machinist, overtime hour 4%

0001C Labor for machine repair, straight time hour 10%

0001D Labor for machine repair, overtime hour 4%

0001E Labor for welding, straight time hour 8%

0001F Labor for welding, overtime hour 2%

0001G Labor for sheet metal work, straight time hour 8%

0001H Labor for sheet metal work, overtime hour 2%

0001I Labor for hydraulic work, straight time hour 8%

0001J Labor for hydraulic work, overtime hour 2%

0001K Labor for blasting, straight time hour 8%

0001L Labor for blasting, overtime hour 2%

0001M Labor for painting, straight time hour 8%

0001N Labor for painting, overtime hour 2%

0001O Misc. parts and materials % 5%

0001P Transportation, light, in town miles 3%

0001Q Transportation, light, out of town miles 3%

0001R Transportation, heavy, in town miles 3%

0001S Transportation, heavy, out of town miles 3%

Per Diem and Quarters: IAW FAR 31.205-46(a)(2)(ii), per diem and lodging w ill be priced based on travel location and the per diem rates in effect at the time of travel as set forth in the Joint Travel Regulation, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense.

Provide Machine Trade Services and the necessary equipment specified by the United States Army Corps of

Engineers, Engineer Repair Yard, Wilmington District, as indicated per the attached Statement of Work (SOW).

The contractor shall occupy and maintain a facility/worksite within 25 miles of the United States Army Corps of

Engineers, Engineer Repair Yard. The contract shall be awarded as a Firm Fixed Price, Indefinite Delivery, and

Indefinite Quantity Contract. The total amount of the contract shall not exceed $250,000.00 per Year of the contract. The minimum guaranteed amount for this contract will be $1,500.00 per year. The following quantities are estimates of the government’s annual usage. These quantities are furnished to aid each prospective offeror and are in no way intended to imply government obligation or government guarantee that the following quantities shall be ordered in the contract resulting from this solicitation.

The Contractor shall respond to all issued task orders within twenty-four (24) hrs of issuance.

The period of performance is for 12 months or $250,000.00 capacity in issued task orders; whichever comes first.

Offerors shall provide an extended total (unit x estimated quantities) for line items 0001A through 0001S.

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

Offerors are to provide prices to the below quote schedule for all 5 (five) years. Please provide unit prices for each line item and multiply by quantity and unit to provide a total amount. The rates provided in the quote schedule will become the pricing list for any subsequent contract award.

Item No. Supplies/Services QTY Unit Unit

Price

Amount

0001 BASE YEAR: 1 SEPTEMBER 2019 thru 31 AUGUST 2020

Provide Machine Trade Services and the necessary equipment specified by the United

States Army Corps of Engineers, Wilmington District Engineer Repair Yard, Floating

Plant Vessels, & Survey Vessels, as indicated per the attached Statement of Work

(SOW). The contract shall be awarded as a Firm Fixed Price, Indefinite Delivery, and

Indefinite Quantity (IDIQ) Contract. The total amount of the contract shall not exceed $250,000.00 per Year of the contract. The minimum guaranteed amount for this contract will be $1,500.00 per year. The following quantities are estimates of the government’s annual usage. These quantities are furnished to aid each prospective offeror and are in no way intended to imply government obligation or government guarantee that the following quantities shall be ordered in the contract resulting from this solicitation.

0001A Labor for machinist, straight time Hours $ $

0001B Labor for machinist, overtime Hours $ $

0001C Labor for machine repair, straight time Hours $ $

0001D Labor for machine repair, overtime Hours $ $

0001E Labor for welding, straight time Hours $ $

0001F Labor for welding, overtime Hours $ $

0001G Labor for sheet metal work, straight time Hours $ $

0001H Labor for sheet metal work, overtime Hours $ $

0001I Labor for hydraulic work, straight time Hours $ $

0001J Labor for hydraulic work, overtime Hours $ $

0001K Labor for blasting, straight time Hours $ $

0001L Labor for blasting, overtime Hours $ $

0001M Labor for painting, straight time Hours $ $

0001N Labor for painting, overtime Hours $ $

0001O Misc. parts and materials (NOT

EVALUATED)

Cost +

Profit

0001P Transportation, light, in town Miles $ $

0001Q Transportation, light, out of town Miles $ $

0001R Transportation, heavy, in town Miles $ $

0001S Transportation, heavy, out of town Miles $ $

Amount

1001 OPTION YEAR 1: 1 SEPTEMBER 2020 thru 31 AUGUST 2021

Provide Machine Trade Services and the necessary equipment specified by the United

States Army Corps of Engineers, Wilmington District Engineer Repair Yard, Floating

Plant Vessels, & Survey Vessels, as indicated per the attached Statement of Work

(SOW). The contract shall be awarded as a Firm Fixed Price, Indefinite Delivery, and

Indefinite Quantity (IDIQ) Contract. The total amount of the contract shall not exceed $250,000.00 per Year of the contract. The minimum guaranteed amount for this contract will be $1,500.00 per year. The following quantities are estimates of the government’s annual usage. These quantities are furnished to aid each prospective offeror and are in no way intended to imply government obligation or government

1001A Labor for machinist, straight time Hours $ $

1001B Labor for machinist, overtime Hours $ $

1001C Labor for machine repair, straight time Hours $ $

1001D Labor for machine repair, overtime Hours $ $

1001E Labor for welding, straight time Hours $ $

1001F Labor for welding, overtime Hours $ $

1001G Labor for sheet metal work, straight time Hours $ $

1001H Labor for sheet metal work, overtime Hours $ $

1001I Labor for hydraulic work, straight time Hours $ $

0001J Labor for hydraulic work, overtime Hours $ $

1001K Labor for blasting, straight time Hours $ $

1001L Labor for blasting, overtime Hours $ $

1001M Labor for painting, straight time Hours $ $

1001N Labor for painting, overtime Hours $ $

1001O Misc. parts and materials (NOT

EVALUATED)

Cost +

Profit

1001P Transportation, light, in town Miles $ $

1001Q Transportation, light, out of town Miles $ $

1001R Transportation, heavy, in town Miles $ $

1001S Transportation, heavy, out of town Miles $ $

Amount

2001 OPTION YEAR 2: 1 SEPTEMBER 2021 thru 31 AUGUST 2022

Provide Machine Trade Services and the necessary equipment specified by the United

States Army Corps of Engineers, Wilmington District Engineer Repair Yard, Floating

Plant Vessels, & Survey Vessels, as indicated per the attached Statement of Work

(SOW). The contract shall be awarded as a Firm Fixed Price, Indefinite Delivery, and

Indefinite Quantity (IDIQ) Contract. The total amount of the contract shall not exceed $250,000.00 per Year of the contract. The minimum guaranteed amount for this contract will be $1,500.00 per year. The following quantities are estimates of the government’s annual usage. These quantities are furnished to aid each prospective offeror and are in no way intended to imply government obligation or government

2001A Labor for machinist, straight time Hours $ $

2001B Labor for machinist, overtime Hours $ $

2001C Labor for machine repair, straight time Hours $ $

2001D Labor for machine repair, overtime Hours $ $

2001E Labor for welding, straight time Hours $ $

2001F Labor for welding, overtime Hours $ $

2001G Labor for sheet metal work, straight time Hours $ $

2001H Labor for sheet metal work, overtime Hours $ $

2001I Labor for hydraulic work, straight time Hours $ $

2001J Labor for hydraulic work, overtime Hours $ $

2001K Labor for blasting, straight time Hours $ $

2001L Labor for blasting, overtime Hours $ $

2001M Labor for painting, straight time Hours $ $

2001N Labor for painting, overtime Hours $ $

2001O Misc. parts and materials (NOT

EVALUATED)

Cost +

Profit

2001P Transportation, light, in town Miles $ $

2001Q Transportation, light, out of town Miles $ $

2001R Transportation, heavy, in town Miles $ $

2001S Transportation, heavy, out of town Miles $ $

Item # Supplies/Services QTY Unit Unit

Amount

3001 OPTION YEAR 3: 1 SEPTEMBER 2022 thru 31 AUGUST 2023

Provide Machine Trade Services and the necessary equipment specified by the United

States Army Corps of Engineers, Wilmington District Engineer Repair Yard, Floating

Plant Vessels, & Survey Vessels, as indicated per the attached Statement of Work

(SOW). The contract shall be awarded as a Firm Fixed Price, Indefinite Delivery, and

Indefinite Quantity (IDIQ) Contract. The total amount of the contract shall not exceed $250,000.00 per Year of the contract. The minimum guaranteed amount for this contract will be $1,500.00 per year. The following quantities are estimates of the government’s annual usage. These quantities are furnished to aid each prospective offeror and are in no way intended to imply government obligation or government

3001A Labor for machinist, straight time Hours $ $

3001B Labor for machinist, overtime Hours $ $

3001C Labor for machine repair, straight time Hours $ $

3001D Labor for machine repair, overtime Hours $ $

3001E Labor for welding, straight time Hours $ $

3001F Labor for welding, overtime Hours $ $

3001G Labor for sheet metal work, straight time Hours $ $

3001H Labor for sheet metal work, overtime Hours $ $

3001I Labor for hydraulic work, straight time Hours $ $

3001J Labor for hydraulic work, overtime Hours $ $

3001K Labor for blasting, straight time Hours $ $

3001L Labor for blasting, overtime Hours $ $

3001M Labor for painting, straight time Hours $ $

3001N Labor for painting, overtime Hours $ $

3001O Misc. parts and materials (NOT

EVALUATED)

Cost +

Profit

3001P Transportation, light, in town Miles $ $

3001Q Transportation, light, out of town Miles $ $

3001R Transportation, heavy, in town Miles $ $

3001S Transportation, heavy, out of town Miles $ $

Amount

4001 OPTION YEAR 4: 1 SEPTEMBER 2023 thru 31 AUGUST 2024

Provide Machine Trade Services and the necessary equipment specified by the United

States Army Corps of Engineers, Wilmington District Engineer Repair Yard, Floating

Plant Vessels, & Survey Vessels, as indicated per the attached Statement of Work

(SOW). The contract shall be awarded as a Firm Fixed Price, Indefinite Delivery, and

Indefinite Quantity (IDIQ) Contract. The total amount of the contract shall not exceed $250,000.00 per Year of the contract. The minimum guaranteed amount for this contract will be $1,500.00 per year. The following quantities are estimates of the government’s annual usage. These quantities are furnished to aid each prospective offeror and are in no way intended to imply government obligation or government

4001A Labor for machinist, straight time Hours $ $

4001B Labor for machinist, overtime Hours $ $

4001C Labor for machine repair, straight time Hours $ $

4001D Labor for machine repair, overtime Hours $ $

4001E Labor for welding, straight time Hours $ $

4001F Labor for welding, overtime Hours $ $

4001G Labor for sheet metal work, straight time Hours $ $

4001H Labor for sheet metal work, overtime Hours $ $

4001I Labor for hydraulic work, straight time Hours $ $

4001J Labor for hydraulic work, overtime Hours $ $

4001K Labor for blasting, straight time Hours $ $

4001L Labor for blasting, overtime Hours $ $

4001M Labor for painting, straight time Hours $ $

4001N Labor for painting, overtime Hours $ $

4001O Misc. parts and materials (NOT

EVALUATED)

Cost +

Profit

4001P Transportation, light, in town Miles $ $

4001Q Transportation, light, out of town Miles $ $

4001R Transportation, heavy, in town Miles $ $

4001S Transportation, heavy, out of town Miles $ $

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

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

Content Paper

MAY 2011

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

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.217-5 Evaluation Of Options JUL 1990

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

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

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

52.246-25 Limitation Of Liability--Services FEB 1997

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991

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

252.204-7006 Billing Instructions OCT 2005

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

OCT 2015

252.223-7001 Hazard Warning Labels DEC 1991

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

252.225-7048 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

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(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.

Award shall be made to the lowest priced technically acceptable offer.

The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the

Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.

Quotes will be evaluated using informal source selection procedures.

Evaluation –Each item in Technical Requirements Table will receive one of the adjectival ratings defined below.

Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

ADJECTIVAL RATING DEFINITION

Acceptable (A) Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Proposal does not clearly meet the minimum requirements of the solicitation.

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

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

TECHNICAL CRITERIA A or U

The offeror has no active or inactive exclusions listed in their Entity Record on the System for Award

Management (SAM).

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance rated at

“Unsatisfactory” or “Marginal” in the last five (5) years. Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Offerors are required to submit prior experience of recent and relevant contracts/projects.

Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

Contracts/Projects that are relevant are defined as those that are similar to the requirements of the

Statement of Work (SOW). Contracts/Projects that are recent are defined as those that have been completed within the last five (5) years.

A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact.

Please do not submit more than five (5) contracts/projects. In order for an offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

In order for an offeror to be determined technically acceptable, the offeror must identify an employee(s) that has a valid Commercial Driver’s License (CDL) and Transportation Workers Identification Card

(TWIC). This must be submitted at the time of quote.

The Contractor must meet all Department of Transportation (DOT) and North Carolina Department of

Transportation (NCDOT) requirements to include permits for over height, width, and weight limits.

This information must be submitted at the time of quote for each individual task order as required. The

Contractor acknowledges this task order requirement.

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.

“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 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 will be performed in the United

States or its outlying areas. Check all that apply.

http://www.sam.gov/

(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.

(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.

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

(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…