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56 -- CEMENT, BULK PORTLAND, GENERAL CONSTRUCTION. SOL DAAA09-99-R-2024 DUE 022299 POC Contract Specialist Marianne Whitmer (309) 782-6605 (Site Code DAAA09) E-MAIL: whitmerm@ioc.army.mil, whitmerm@ioc.army.mil. The following statement is Amendment 0002 of solicitation DAAA09-99-R-2024 which was originally posted in CBDNET on January 20, 1999 and printed in the January 25, 1999 issue of the Commerce Busi ness Daily. Amendment 0001 was originally posted in CBDNET on Febru ary 4, 1999 and printed in the February 9, 1999 issue of the Commerce Business Daily. DAAA09-99-R-2024 Amendment 0002. A. The purpose of this amendment is to incorporate FAR clauses 52.219-22, Small Disad vantaged Business Status (Oct 1998), and 52.219-23, Alternate II, Notice of Price Evaluation Adjustment for Small Disadvantaged Concerns (Oct 1998). 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1998) (a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation. (b) Representations. (1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either -- [ ] (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consist with 13 CFR 124, Subpart B; and (A) No material change in disadvantaged ownership and contro has occurred since its certification; (B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking i account the applicable exclusions set forth at 13 CFR 124.104 (c)(2); and (C) It is listed, on the date of this representation, on the register of small disadvantaged business concerns maintained b the Small Business Administration; or [ ] (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certi as a small disadvantaged business concernin accordance with 13 124, Subpart B, and a decision on that application is pending, a that no material change in disadvantaged ownership and control h occurred since its application was submitted. (2) [ ] For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: _____________.] (c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall: (1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act. (End of provision) 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS, ALT II (OCT 1998) (a) Definitions. As used in this clause -- Small disadvantaged business concern means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either -- (1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (i) No material change in disadvantaged ownership and control has occurred since its certification; (ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104 (c)(2); and (iii) It is listed, on the date of its representation, on the register of small disadvantaged business concerns maintained by the Small Business Administration; (2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or (3) Is a joint venture as defined in 13 CFR 124.1002(f). Historically black college or university means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. Minority institution means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) which, for purposes of this clause, includes a Hispanic-serving institution of higher education as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)). United States means the United States, its territories and possessions, the Commonwealth of Puerto Rico, the U.S. Trust Territory of the Pacific Islands, and the District of Columbia. (b) Evaluation adjustment. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except -- (i) Offers from small disadvantaged business concerns that have not waived the adjustment, whose address is in a region for which an evaluation adjustment is authorized; (ii) For DOD, NASA, and Coast Guard acquisitions, otherwise successful offers from historically black colleges or universities or minority institutions; (iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is equaled or exceeded (see section 25.402 of the Federal Acquisition Regulation (FAR)); (iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government; and (v) For DOD acquisitions, otherwise successful offers of qualifying country end products (see sections 225.000-70 and 252.225-7001 of the Defense FAR Supplement). (2) The factor shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause. (c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment. ____Offeror elects to waive the adjustment. (d) Agreements. (1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for -- (i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern; (ii) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern; (iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or (iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern. (2) A small disadvantaged business concern submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States. This paragraph does not apply in connection with construction or service contracts. (End of clause) C. Acknowledgement of amendments 0001 and 0002 are required. D. This amendment also extends the opening date of the solicitation from 2:00 P.M CDT, February 11, 1999, to 2:00 P.M. CDT February 22, 1999. E. The point of contact is Marianne Whitmer, (309) 782-6605. Posted 02/11/99 (A-SN297597). (0042)

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