Scale Specialist

This is a combined synopsis/solicitation to establish one or more Blanket Purchase Agreements (BPAs). Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), ANIMAL PLANT HEALTH INSPECTION SERVICE (APHIS) and Grain Inspection, Packers and Stockyards Administration (GIPSA). The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA's Federal Grain Inspection Services (FGIS) administers the official inspection and weighing program under the authority of the US Standards for Grain. Contractor shall provide weighing services under the authority of the Agriculture Marketing Act (AMA) in the geographical area serviced by the Work shall be done in accordance with the specifications when requested. PRICING SCHEDULE: Rate shall be a firm fixed hourly rate for all services indicated at the locations specified in the Statement of Work. Pricing shall include all costs associated with providing the service. PRICING SCHEDULE Item No Description Unit Price 001 Scale Specialist/Weighing Services tiny_mce_marker_____ PER HR From Date of signed BPA ‐ 04/15/2016 Notes to Quoters: 1. This solicitation is for one or more Blanket Purchase Agreements (BPA'S). If more than one agreement is awarded, the decision to use a particular BPA will be made based on location, price, and service need. 2. ANY QUESTIONS PERTAINING TO THIS Request for Agreements (RFA) SHALL BE DIRECTED TO PATRICIA SIMON, BY EMAIL TO [email protected] no later than 2 days before quotes are due. 3. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) PRIOR TO CONTRACT AWARD. Go to www.sam.gov to register. If already registered, please make sure that your registration is up to date, that you have completed all FAR representations and certifications, and that you are registered under the NAICS code used for this solicitation. 4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE WITH THE ATTACHED BPA AND THE DEPT OF LABOR WAGE DETERMINATIONS APPLICABLE TO EACH WORK SITE. Wage rates for each site can be found at http://www.wdol.gov/sca.aspx, and will be included in the contract. 5. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO PATRICIA SIMON before the time specified on the solicitation. Send quotes to: [email protected]. 6. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX‐EXEMPT. FEDERAL TAX. I.D. NO. 41‐0696271. 7. Interested vendors shall submit the completed pricing schedule, statement of capability (including key personnel‐ see clause 452.237‐74 KEY PERSONNEL), two references, and location (See Provision 52.212‐ 2 at the end of this document for complete information). Price for hourly rates shall include all costs necessary to perform the specified work at the locations indicated in the Statement of Work. 8. This solicitation is 100% small business set‐aside. 9. Changes or Amendments will be posted to www.fbo.gov. All amendments must be acknowledged. BPA.BLANKET PURCHASE AGREEMENT 1.1 DESCRIPTION OF AGREEMENT: This is a solicitation to establish one or more Blanket Purchase Agreements (BPAs). Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), ANIMAL PLANT HEALTH INSPECTION SERVICE (APHIS) and Grain Inspection, Packers and Stockyards Administration (GIPSA). The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA's Federal Grain Inspection Services (FGIS) administers the official inspection and weighing program under the authority of the US Standards for Grain. Contractor shall provide weighing services under the authority of the Agriculture Marketing Act (AMA) in the geographical area serviced by the Work shall be done in accordance with the specifications when requested by the Contracting Officer or those individuals authorized to make schedule calls under the BPA. 1.2 TERM OF AGREEMENT: The effective period of this BPA is one year. 1.3 EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized scheduling calls actually placed against this BPA. 1.3.1 Review for compliance to new statutes or directives shall be completed, at least annually, before the anniversary of the BPA's effective date. Any revisions to the BPA, as a result of this review, shall be accomplished by a bi‐lateral modification. 1.3.2 This agreement may be unilaterally terminated at any time by either party with thirty days written notice and may be rewritten or revised at the option of the Contracting Officer. 1.3.3 Purchases after the specified period or exceeding the aggregate total dollar limitation shall not be authorized, nor considered an obligation. 1.3.4 Service calls made under this BPA will include, by reference, the terms and conditions set out in this BPA. 1.4 PRICING: The prices to the Government for all services under this BPA shall be as low as, or lower, than those charged the supplier's most favored customer for comparable services under similar terms and conditions. Call orders are estimated overall at approximately 450 hours of service annually. No single call for service may exceed $3,000. The Government is obligated only to the extent of authorized service calls actually placed against this BPA. There is no minimum guarantee under this BPA. If more than one BPA is awarded, the decision to use a particular BPA will be made based on location, price, and service need. 1.5 SERVICE CALL LIMITATION: Each Call for service placed by individuals authorized under this BPA shall not exceed $3,000. BPA Ceiling: Combined service Calls must not exceed $50,000 per BPA per BPA year. There is no minimum guarantee under this BPA. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 7 1.6 LIMITATIONS OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND DOLLAR AMOUNT: Service Calls under this agreement are only authorized by Assistant Field Office Manager, Alan Wadyko, 281‐ 338‐2934. All calls by Mr. Wadyko are limited to $3,000 per call. Service calls will be on an as needed basis and shall be made only when funds are available via an established call order. Call Orders (or Funding Orders) under this agreement are authorized by any APHIS/USDA Warranted Contracting Officer up to their limit and within the terms of this BPA. Call Orders will provide funding for an estimated number of hours from which service calls can be made. Funding orders do not commit the government to scheduling service. Funding not used for scheduled calls may be deobligated at any time. 1.6.1 Service calls under the BPA will be issued based on hourly requirements for a given service location and shall detail the BPA Pricing Schedule item and quantity being ordered. Only the pricing on the pricing schedule shall be used. 1.6.2 All calls by USDA authorized users shall be tracked by the users and reported to the contracting officer at least quarterly. This information shall be sent to [email protected]. 1.6.3 DELIVERY: Upon services rendered under this agreement, the supplier shall provide a delivery ticket or sales slip containing the following minimum information: (i) Name of contractor/worker. (ii) BPA number. (iii) Date(s) of services rendered. (iv) Purchase number. (v) Itemized list of services furnished. (vi) Quantity and unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information). (vii) Date of delivery or shipment. 1.7 RECEIPT AND ACCEPTANCE OF PURCHASES: Receipt of purchases shall be indicated by signature and date on the appropriate form by the authorized Government representative. This shall be subject to acceptance by the assigned receiver when compared to the documentation of the original call. A sales slip, or delivery ticket (See 1.6.2), may be used for receipt and acceptance. 1.8 INVOICES: The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at https://ipp.gov . An invoice must include- (1) Name and address of the Contractor; (2) Invoice date; (3) BPA number, contract line item number and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price and extended price of the items delivered; (5) Terms of any prompt payment discount offered; (6) Name and address of official to whom payment is to be sent; and (7) Name, title, and phone number of person to be notified in event of defective invoice. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 8 Budget (OMB) Circular A‐125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice. 1.9 DELIVERY: All items will be FOB Destination. 1.10 POINT OF CONTACTS (POCs): a. Technical POC for arranging delivery: Assistant Field Office Manager, Alan Wadyko, 281‐ 338‐2934 b. POC for issues with orders, Deborah A. Edwards, 281 338‐6636 c. Payment POC for invoicing in IPP: Venice Tony, 281 724‐6112 d. Contracting Specialist for BPA related issues: Patricia Simon, USDA, APHIS, MRPBS, ASD, 100 North Sixth Street, 5th Floor, Minneapolis, MN 55403. Email: [email protected]. Telephone: 612‐336‐ 3460 AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 9 2.0 SPECIFICATIONS Statement of Work To Assist the U.S. Department of Agriculture, Grain Inspection, Packers, and Stockyards Administration, Federal Grain Inspection Service League City, Texas Field Office In Providing Grain Inspection and Weighing Services 2.1 INTRODUCTION The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA's Federal Grain Inspection Services (FGIS) administers the official inspection and weighing program under the authority of the US Standards for Grain. The US Standards for Grain authorizes the Secretary of Agriculture to contract private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private firms, institutions, and individuals to test scales and prepare/review documents/dispatch or weigh bulk grain when requested by FGIS to help respond to unpredictable workloads. 2.3 SCOPE OF WORK When requested by FGIS, the contractor must provide Federal Grain and Grain inspection services under the authority of the US Grain Standard Act in the geographical area serviced by the FGIS League City, Texas, Field Office (F/O). These areas may include grain scales, grain, corn, wheat, soybean, sorghum facilities in the following areas:  League City Field Office The services that the F/O may assign to the contractor include but are not limited to, the following services (Reference: Official United States Standards under the Agricultural Marketing Act of 1946)  Official Weighing Service: Determine whether a plant/mill scales are within the specified approved range to weigh grain. Conducts periodic comprehensive tests of scales to quantitatively determine whether indicated errors and balance changes are within specified tolerances under various degrees and distributions of loading. Examines and tests the accessory balancing, indicating, recording, and signaling components of the scales to check their functional adequacy and to establish whether they conform to requirements. Inspects all working parts of scales to discover mechanical or structural deficiencies which might adversely affect weighing accuracy and service or facilitate perpetration of fraud. On scale tests, computes and records essential data, approves or disapproves continued use of the scales and, by AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 10 correspondence, advises elevator operators or other agencies as to needed measures of repair, adjustment, maintenance, or replacement. Audits scale tickets, annual reports, and other source records to discover whether weighed grains exceed normal margins, whether there are indications of collusion between weighers and elevator management, or whether weighers are violating regulations. Reviews complaints regarding alleged weight losses, excessive shrinkages, or related subjects and provides pertinent information to resolve complaints. Prepares reports for the information of the FOM and recommends methods for improving conditions found questionable or unsatisfactory. 2.4 APPLICABLE DOCUMENTS The contractor must perform oversight of all weighing related services in accordance with the Grain Inspection Handbook, Grain Inspection, Weighing Handbook policies, and procedures. (Reference :) http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=lr&topic=landing, US Standards for Grain, Subpart A 810:101 through Subpart M 810‐2205) http://www.gipsa.usda.gov/fgis/handbook/weighing_inspec.aspx, Official Weighing Service Handbook 2.5 RESPONSIBILITIES a. Contractors The Contractor is responsible for providing review of weighing inspection, and related services to assist FGIS, when requested, in facilities in one or more of the following locations: League City, Beaumont, Fort Worth, and Corpus Christi, Texas areas in accordance with the U.S. grain, instructions, and policies and procedures established under the authority of the US Grain Standard Act, (Subpart A 810:101 through Subpart M 810:2205). Individual Contractors Must: 1. Not have a conflict of interest (as specified in 7 CFR §868.80). Contractor must not have interest, financial or otherwise, direct or indirect, in merchandising, handling, or conducting weighing services or related products. 2. Meet the physical condition requirements in the Weighing Handbook. 3. Provide own transportation to and from point(s) of service. 4. Have readily available during working hours a valid license to perform assigned service, and abide by the field office, plant's or mill's safety regulations. 5. Follow the U.S. Standards, regulations, and approved official procedures and approved equipment to perform weighing inspection or other related services. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 11 6. Review, complete, and sign required reports and inspection forms. Keep an accurate record of the time inspections begin and finish. 7. Invoice FGIS for services rendered by preparing billing invoices for hourly services performed against the contract and submit them to the Field Office for payment. 8. Report Violations of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946. c. FGIS League City FO GIPSA's, FGIS, Field Management Division personnel are responsible for interpreting standards and specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids. FGIS will: 1. License Contractor determined by FGIS as qualified to perform official grain and grain inspection and related services. Test potential licensees to determine their skills and abilities. Conduct triennial renewals of licensed individuals. Issue licenses, in accordance with 7 CFR Part 868 Regulations, as supplemented by FGIS‐issued instructions and maintain the licensing database. 2. Provide the Contractor with the U.S. Standards for Grain; pertinent regulations, instructions, directives, and notices, weighing procedures and equipment; FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act; official forms including Form FGIS‐110, Bribery Card. 3. Monitor the performance of Contractor in the application of weighing services and techniques; inspection procedures and results; and performing other services. 4. Report to the Contracting Officer, if the Contractor is found to be in violation of the USGSA regulations FGIS will suspend or revoke any license according to applicable regulations when it deems such action to be for the good of USDA/GIPSA. 5. Pay the contractor for assisting in performing weighing inspection and related services. 7. Give Contractor the location and time of service requests. 8. Spot check Contractor's performance to ensure that they are in accordance to contractor's specifications. The method and frequency of spot checking will be determined by the F/O and will depend on various factors including the contractor's performance history, service point workload, distance, and budget constraints. 9. Ensure that the Contractor understands: inspection methods and techniques; how to use handbooks, instructions, sampling plans, forms, and any weighing equipment involved in performing required services; the necessity and procedures for equipment, and inspection data security; and that they are not employees of the Federal AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 12 Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman's compensation, etc. 2.6 BASES FOR PAYMENT a. Contractual services are based on the hourly rate with a guaranteed 2‐hour minimum payment per call out. b. The hourly rate is uniform for all services covered by the contract, whether services are performed singly or combined. c. The service hours begin when the contractor arrives at the service location, but not before the call out time, and end when they leave the service location, less any mealtime d. There is no special hourly rate for overtime, night differential, or holidays. e. Payment for partial service hours is based on one‐fourth of the hourly rate for each quarter hour worked. f. The number of hours requested to work is not guaranteed; that is, the hours might be less than the amount shown in the purchase order. g. Form FGIS‐30, Daily Time, and Charge Document must be completed and sent to the F/O each time called to a service location to perform a service. If, upon arrival, there was no work (including standby time), the service location call out, departure times, and the phrase 2‐hour minimum must be shown in the Comments of Sampler block. If there was less than 2 hours of work performed (including standby time), the service location, departure time and the phrase 2‐ hour minimum must be shown in the block. 2.7 PUBLIC RELATIONS It is essential for the Contractor, to display a positive image of USDA/GIPSA by ensuring that their employees maintain favorable relations with the grain loading facility and associated staff. Personnel must be courteous in their dealings with facility management. The Contractor must carry identification at all times. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA/GIPSA, commodity loading facility, and associated property. 2.8 QUALITY ASSURANCE A. The government will evaluate the Contractor's performance under this contract. Nonperformance or substandard task performance will be documented when it occurs. B. The Government will monitor quality control procedures under this contract as required by Administrative Handbook. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 13 2.9 CONTRACTOR LIABILITY The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the contractor's employees and subcontractors while under contract with USDA/GIPSA. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA. 2.10 TEMPORARY WORK RESTRICTION The work under this BPA falls under the restrictions of 7 U.S.C. 1627, which authorizes the Secretary of Agriculture to contract with technically qualified persons, firms or organizations to perform research, inspection, classification, technical, or other special services, without regard to the civil‐service laws, Provided: it is for a temporary basis and for a term not to exceed six months in any fiscal year. The above temporary limitation applies to each individual providing services under the calls of this BPA. Individuals will not be allowed to provide services beyond six months in any single fiscal year. The six month limitation will be calculated based on the number of days compensated within any fiscal year. The fiscal year is October 1 through September 30. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 14 3.0 WAGE RATES The Service Contract Act applies to this contract. The following Department of Labor Wage rates will be included in the BPA terms: League City, Texas. WD 05‐2515 (Rev.‐17) Beaumont, Texas. WD 05‐2505 (Rev.‐18) Fort Worth, Texas. WD 05‐2513 (Rev.‐15) Corpus Christi, Texas. WD 05‐2507 (Rev.‐16) AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 15 4.0 CLAUSES AND PROVISIONS CLAUSES 52.204‐13 System for Award Management Maintenance (Jul 2013) 52.212‐4 ‐‐ Contract Terms and Conditions ‐‐ Commercial Items (Dec 2014) 52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items (Mar 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77, 108‐78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111‐5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Jul 2013) (Pub. L. 109‐282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204‐14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C). AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 16 ___ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C). _X__ (8) 52.209‐6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112‐74, section 740 of Division C of Pub. L. 111‐117, section 743 of Division D of Pub. L. 111‐8, and section 745 of Division D of Pub. L. 110‐161). ___ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219‐3. ___ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219‐4. ___ (13) [Reserved] _X__ (14) (i) 52.219‐6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219‐7. ___ (iii) Alternate II (Mar 2004) of 52.219‐7. _X__ (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219‐9. ___ (iii) Alternate II (Oct 2001) of 52.219‐9. ___ (iv) Alternate III (Oct 2014) of 52.219‐9. ___ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 17 ___ (19) 52.219‐14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219‐16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657f). _X__ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219‐29, Notice of Set‐Aside for Economically Disadvantaged Women‐Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219‐30, Notice of Set‐Aside for Women‐Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222‐19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X__ (27) 52.222‐21, Prohibition of Segregated Facilities (Feb 1999). _X__ (28) 52.222‐26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (29) 52.222‐35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X__ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222‐37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222‐50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222‐54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available offthe‐ shelf items.) AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 18 ___ (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.) ___ (36) (i) 52.223‐13, Acquisition of EPEAT® ‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223‐13. ___ (37) (i) 52.223‐14, Acquisition of EPEAT® ‐Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223‐14. ___ (38) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223‐16, Acquisition of EPEAT® ‐Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223‐16. _X__ (40) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43). ___ (ii) Alternate I (May 2014) of 52.225‐3. ___ (iii) Alternate II (May 2014) of 52.225‐3. ___ (iv) Alternate III (May 2014) of 52.225‐3. ___ (43) 52.225‐5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (44) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150). AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 19 ___ (47) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (50) 52.232‐33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232‐34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247‐64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67). ___ (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67). AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 20 ___ (7) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). ___ (10) 52.222‐55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records ‐‐ Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 21 (iii) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222‐17. (iv) 52.222‐26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222‐35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222‐37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐ 40. (ix) 52.222‐41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (x) ____ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 E.O. 13627). (xi) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67.) (xii) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67) (xiii) 52.222‐54, Employment Eligibility Verification (Aug 2013). (xiv) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6. (xvi) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64. (xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 22 (End of Clause) 52.217‐8 ‐‐ Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor no later than 30 days before contract expiration. 52.222‐99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014‐0001) (October 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M‐14‐09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. 52.228‐5 Insurance ‐‐ Work on a Government Installation (Jan 1997) 452.228‐71 INSURANCE COVERAGE (NOV 1996) AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 23 Pursuant to FAR clause 52.228‐5, Insurance‐Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below: (a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence (c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss. (d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. (End of Clause) 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 452.237‐74 KEY PERSONNEL (FEB 1988) (a) The Contractor shall assign to this contract the following key personnel: Inspection Services Personnel (b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90‐day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions. (c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 24 information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel. (End of Clause) 52.246‐4 ‐‐ Inspection of Services ‐‐ Fixed‐Price (Aug. 1996) 52.252‐2 ‐‐ Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of Clause) AGAR 452.209 - 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112‐55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it - (1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these Attachment 1 AGAR Advisory 104 Attachment 1, AGAR Advisory 104 Page 4 of 4 convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. (b) If the awardee fails to comply with these provisions, USDA may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739. (End of Clause) AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 25 PROVISIONS 52.212‐1 Instructions to Offerors-Commercial Items. (Apr 2014) 52.212‐3 Offeror Representations and Certifications-Commercial Items. (MAR 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision‐‐ "Economically disadvantaged women‐owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a womenowned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest‐level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000‐9999, except- AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 26 (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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- AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 27 (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- AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 28 (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 posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212‐3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 29 (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. (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- AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 30 (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women‐owned business concern (other than small business concern). [Complete only if the offeror is a women‐owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women‐owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first‐tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that‐‐ (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) 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. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 31 (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) AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 32 (1) Buy American ‐‐ Free Trade Agreements ‐‐ Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225‐3, Buy American ‐‐ Free Trade Agreements ‐‐ Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off‐the‐shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 33 (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225‐3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225‐3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American‐‐ Free Trade Agreements‐‐Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225‐3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 34 Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225‐5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.‐made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.‐made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.‐ made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.‐made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals‐‐ (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 35 (2) [_] Have, [_] have not, within a three‐year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three‐year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 36 (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 37 (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003‐4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003‐4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003‐4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non‐Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003‐4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 38 (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax‐exempt); [_] Corporate entity (tax‐exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049‐4; [_] Other ____________________. AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 39 (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) 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. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at [email protected]. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 40 (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212‐3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) (End of Provision) 52.212‐2 Evaluation-Commercial Items. (OCT 2014) (a) The Government will award a BPA 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 will be used to evaluate offers: AG‐6395‐S‐15‐0083 Weighing Services, FGIS League City, Texas, Field Office 41 Price Location Capability Past performance Interested vendors shall submit: 1) the completed Pricing schedule 2) location of base of operation or residence 3) statement of capability (including key personnel‐ the name of the individual or individuals that will be performing the services) outlining weighing specialist experience for each individual, and capability of being licensed (if not already licensed). The statement of capability must demonstrate that the vendor is capable of performing the work in the SOW. 4) two references (name, phone number and e‐mail, a description of the work performed, and the date of performance). The past performance must be similar or work somewhat related to the type of work in the SOW. 5) DUNS number and confirmation of SAM registration (End of provision) 52.252‐1 ‐‐ Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of Provision)