B3_Addendum.docx

Addendum

1. Price Schedule

Total Extended Price

* Price shall include all costs needed to accomplish the work described below including incidental materials.

2. STATEMENT OF WORK

A. Background

The USDA, National Centers for Animal Health (NCAH) have a requirement for preventative maintenance, routine maintenance, and emergency repairs for their Lenel access control and detection security system and a variety of closed circuit television systems installed in their facilities located in Ames, IA. The NCAH facility is composed of three separate USDA entities. The National Veterinary Services Laboratories safeguards U.S. animal health and contributes to public health by ensuring that timely and accurate laboratory support is provided by the nation-wide animal health diagnostic system. The Center for Veterinary Biologics implements the provisions of the Virus-Serum Toxin Act to ensure that the veterinary biologics available for the diagnosis, prevention, and treatment of animal diseases are pure, safe, productivity, and effective. The National Animal Disease Center conducts research to solve animal health and food safety problems faced by livestock producers and the public.

B. Scope of Work

USDA, NCAH intends to award a Firm Fix Price (FFP) contract for the preventative maintenance and routine and emergency repair of their Lenel access control system and closed circuit television systems at the USDA, NCAH facilities located in Ames, IA at: 1920 Dayton Avenue. All incidental materials used in the PM and service repairs shall be included in the FFP. Incidental materials include but is not limited to, electrical tape, wire nuts, fasteners, small amounts of wire, and any other minor material that would normally considered part of overhead and not a separate billable part or material. All replacement parts shall be supplied by NCAH.

Routine and emergency repairs Routine and emergency repair tasks may include, but not be limited to, the following:

1) Repair or replacement of physical security components. Security components include vehicle gates, door hardware controls, network interface devices, IP video and Closed Circuit Television (CCTV) systems, card readers, keypads, intercoms, glass break sensors, motion sensors, door alarm sensors, electronic locks, and mechanical locks.

2) Support for troubleshooting performance problems with the Lenel access control system database and server, support for troubleshooting performance problems with Avigilon video management software.

3) Re-cabling in the event where wire is found to be sub-standard.

4) Troubleshooting with Facilities Engineering staff technicians for instances where there are problems with communications, wiring, or processes between the security system and other building systems (i.e. building automation, fire alarm).

Preventative Maintenance Preventative maintenance tasks will include, but not be limited to, the following:

1) A minimum of biannual inspections of all intelligent systems controller enclosures. Inspection tasks will include:

a. Checking the operational status of the following components:

i. Battery backup

ii. Power supply

iii. Intelligent Systems Controllers and door controllers

iv. Cabinet tamper alarm switch

v. Cabinet lock equipment

vi. Door seal integrity of outdoor enclosures

The contractor will be responsible for documenting either a pass or fail for each of the above component’s operational status and submitting documentation to the NCAH Security Staff.

b. Checking door controllers(LNL-1320) and alarm panels(LNL-1100) for alarm faults

The contractor will be responsible for documenting all alarm faults discovered and submitting documentation to the NCAH Security Staff.

c. Checking the system controller enclosures for deficient components, non-functional components, and potentially failing components. Inspections should include but are not limited to checking for the following:

i. Corrosion on electronics components

ii. High temperatures on electronics devices

iii. Audible noise outside of normal operating parameters

iv. Loose wires

The contractor will identify and document all deficient components, non-functional components, and potentially failing components. Documentation and any recommended corrective actions will be submitted to the NCAH Security Staff. The NCAH Security Staff must approve any preventative maintenance corrective actions before they can be performed by the contractor.

2) Annual inspections of outdoor video surveillance equipment, which will include:

a. Operational testing of video cameras

b. Visual inspection of power supplies

c. Visual inspection of the interior of video cameras housings

d. Operational status of Digital Video virtual servers and storage capacity

The contractor will identify and document all deficient components, non-functional components, and potentially failing components. Documentation and any recommended corrective actions will be submitted to the NCAH Security Staff. The NCAH Security Staff must approve any preventative maintenance corrective actions before they can be performed by the contractor.

The contractor will coordinate scheduling preventative maintenance tasks with the NCAH Security Staff.

Current List of Security Components

The NCAH Campus is approximately 480 acres. There are 79 buildings on the complex consisting of laboratories, administrative offices, utility and service facilities, and field barns and paddocks. Of these there are 29 buildings that are equipped with video surveillance, electronic access control, and intrusion detection systems.

Currently there are approximately:

Door and system hardware controllers (800), Network interface devices (75) IP video and Closed Circuit Television (CCTV) system cameras (225) Card readers and keypads (1200) Intercoms (55) Glass break sensors and motion sensors, (250) Door alarm sensors (1000) Electronic locks and mechanical locks (1000).

System power supplies (220) Back up batteries (350) Video Management Software (Avigilon) Access control and Intrusion Detection System (Lenel)

C. Period of Performance

The effective period of the contract shall be the date of award, through twelve months, with options to extend the effective period for four (4) additional years. The total years with all options five (5) years.

D. Performance Requirement

The APHIS, USDA owned and managed, enterprise Physical Access Control System (ePACS) utilizes Lenel Systems International, Inc’s OnGuard software platform. The contractor, sub-contractor, and all personnel (physically working on any Lenel based equipment/infrastructure/component) shall be a licensed and manufacturer certified reseller (VAR) with the access control system manufacturer, Lenel, throughout the entire period of performance of this contract.

The contractor must be familiar with either the Avigilon software (currently used) or other Video Management Software (VMS) The contractor shall provide written statements, including copies of any required licensing or system manufacturer certifications, verifying the qualifications of the contractor, sub-contractor and all personnel intended to work on any portion of any project; including the project manager(s), system designer(s), lead technician(s), assistant/junior technician(s) and helper(s).

All contractor and employee required licenses and system manufacturer certifications shall be current and maintained, as required by the appropriate regulatory authority or system manufacturer, throughout the entire period of performance of this contract.

All contractor and employee required licenses and system manufacturer certifications, as required by the appropriate regulatory authority or system manufacturer, shall be directly related to the specific system (including; hardware, firmware and software versions), equipment and components approved for installation and service related work.

The contractor shall furnish all management and labor for the work described in this contract.

Contractor shall provide incidental materials, installation, and workmanship which conform to the most stringent applicable requirements of the most recent editions of the following publications and this specification unless otherwise noted:

· National Fire Protection Association (NFPA).

· State and Local Building Codes as adopted by the Authority Having Jurisdiction (AHJ).

· The Uniform Federal Accessibility Standards (UFAS).

· Occupational Safety and Health Administration (OSHA).

· Equipment Manufacturer Printed Instructions.

The contractor’s work schedule will vary depending on the repair and maintenance services required. The work hours within each day may vary as well and are to be determined. The work schedule will routinely be within Monday – Friday during the normal business hours of 8:00am – 4:00pm, except Federal holidays. However, emergency work may be required on holidays and weekends.

Due to the critical nature of this facility the security system needs to be operable at all times and access controlled continually to all areas. Therefore the contractor must provide the following services:

• Respond to emergency work requests within 2 hours during established working hours, 8:00 a.m. to 4:30 p.m., and within 3 hours outside the established working hours.

• Complete emergency work requests within twenty-four (24) hours of requirement identification.

• Complete urgent work requests within three (3) calendar days of requirement identification. If materials are ordered, complete urgent work requests within three (3) calendar days after receipt of materials. An urgent work request is defined as a priority service request that would result in an emergency request if the system fails and is not repaired.

• Complete routine work request within five (5) calendar days of requirement identification. If materials are ordered, complete routine work requests within five (5) calendar days after receipt of materials. Material requirements must be processed within five (5) calendar days of receipt.

The NCAH security staff will designate which work requests are emergency, urgent, preventative, or routine and communicate this information to the contractor.

The Contractor is responsible for providing the highest quality of work standards. The COR will monitor the quality of the work performed. The Government will notify the contractor in writing of failure to complete tasks successfully and with the highest quality.

Select buildings where work may need to be performed are bio-security facilities and contain biohazard materials; therefore, the contractor must complete any area specific training before entry and follow bio-security procedures for entering and exiting the facility. These procedures require showering out and in some instances showering upon entering the facility. In addition, any tools or equipment carried into the facility must he decontaminated before they can be removed from the facility, which would mean the contractors tools may not be available to contractor for a period of one week after completing work in the facility. When contractors need to perform work in the bio-security containment facilities they cannot go near a farm, any livestock or birds for a period of five days after leaving the facility.

E. Government roles and responsibilities

The NCAH shall designate a Contracting Officer Representative (COR) to coordinate the routine maintenance and emergency repairs work to be completed under this contract.

Contracting Officers Representative (COR):

Jacob Ross National Centers for Animal Health Ames, Iowa 50010

The USDA, APHIS contracting contact personnel for this acquisition are:

Contracting Specialist

Jeremy Pouliot 250 Marquette Ave, Suite 410 Minneapolis, MN 55401

NCAH will supply all replacement parts for repair services. When current NCAH stockpile does not have the required parts/materials on hand, the contractor shall submit a list of all required parts and NCAH will purchase the required parts.

F. Safety and Security Requirements

The USDA, NCAH campuses are secured facilities. The contract employee is responsible for safeguarding all government property provided for use. The contractor will be issued a temporary visitors badge when they come on the premises and shall ensure that the badge is not lost or misplaced or used by unauthorized persons. When on-site at USDA, Contractor/consultants/subcontractors shall wear a USDA-supplied identification badge on the outer clothing in front of the body between the neck and waist so that the badge is visible at all times. Training will be provided to the contractor which will cover site safety and security policies and procedures prior to beginning work at the NCAH facilities.

Government Information: The contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this task. The contractor shall treat all information seen, handled, or processed as a result of this Statement of Work as confidential. All information seen, handled, or otherwise processed shall be used for official use only and shall not be shared with anyone outside of the project team. Beyond protecting sensitive information as described above, the contractor shall protect all Government information by 1imiting access to the information and ensuring the data are secured within the USDA facility. Any such information made available in any format shall be used only for the purpose of carrying out the provisions of this agreement. The contractor shall immediately notify the COR and the Program Manager upon discovery of any inadvertent disclosures of information. The contractor shall not retain any information regarding vulnerabilities, to include summaries, the actual vulnerability end product, etc., at the end of this contract. All information arising from this task, both hard copy and electronic, shall be returned to the government at task conclusion.

The contractor personnel who will perform work at the USDA, NCAH facilities will be required to complete and have a favorable determination of suitability for OFI Form 86C, Special Agreement Checks (SAC) prior to starting work under this contract. The SAC is a brief background investigation completed prior to beginning work. This process takes approximately three to four weeks to complete. Once a contractor begins working at the USDA, NCAH facilities a full background investigation (BI) is done. The USDA, NCAH facility will pay for the background investigation. A BI is a personnel security investigation consisting of a NACI, credit search, personal interviews of subject and sources, written inquires and record searches covering specific areas of the subject's background during the most recent years as per SF85P from the US Office of Personnel Management. Contractors must have a completed and favorably adjudicated background investigation in order to maintain eligibility for work at the NCAH facilities. Contractors are also required to complete the Fair Credit Release form and two fingerprint cards. Alternatively, if applicable, the contractor should provide verifiable proof of equivalent secret security clearance for their personnel from other government agencies. The contractor personnel who will perform work at the USDA, NCAH facilities or have access to the confidential information about the facility will be required to sign a confidentiality statement at the commencement of this contract.

If the Contractor hires subcontractors who are going to be performing work on the NCAH premises, the subcontractors will be required to obtain a favorable security clearance prior to starting work under this contract unless they will be continually supervised and escorted at all times while on the premises. The contractor personnel with security clearance will be responsible for escorting and supervising the subcontractors. Failure to provide evidence of this type of clearance will prohibit the contractor or subcontractor from access to NCAH systems or system documentation.

COR is responsible for making sure all contractor employees and subcontractors obtain the required clearance or are properly escorted per the NCAH approved security Standard Operating Procedures (SOP).

Contractors are responsible for following all safety and health related State and Federal statutes. The contractors are responsible for monitoring their employees to ensure they are following all safety regulations particular to the work areas.

G. Contractor Personnel

The Contractor in the execution of this contract must:

(a) Employ sufficient qualified personnel to provide official services in an accurate and timely manner. Pay the salaries and other compensations to all personnel assigned to perform these services (See Wage Determination).

(b) Is responsible for the management and performance of all subcontractors and exercise such management control as is necessary to ensure work is done on time, efficiently, and in accordance with established standards. General management work shall include, but not be limited to, the following activities: (1) assignment and oversight of progress and quality of work and analysis of proposed approaches; (2) communication on a frequent basis with the Agency regarding the overall contract and specific service and repairs; (3) reporting functions; and (4) contract administration to ensure compliance with its terms and conditions. (5) Ensure all service and repairs are completed within the stated requirements.

(c) The Contractor shall provide a Project Manager (PM) who shall have full authority to act for the Contractor on all contractual matters relating to daily operation of this contract. The name of this person, and that of an alternate, who shall act for the Contractor when the Project Manager is absent, shall be designated in writing to the Representatives listed above.

(d) The Contractor shall not employ or subcontract with any persons for work on this contract if such person is identified to the Contractor by the Representatives or Contracting Officer as a potential threat to the health, safety, security or general wellbeing of other personnel or the operational mission.

(e) The Contractor shall not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

(f) The following “Key Personnel” categories, responsibilities, and qualifications are required:

(1) Project Manager - Experience directing and coordinating all activities under the contract and managing complex contracts which includes evaluating a facility and facility plans, designing a security system including developing security risers, and coordinating schedules of multiple subcontractors. Qualifications include project management experience which includes experience in strategic planning and project management providing management level advice in the organization, scheduling and planning, and implementation of large modernization initiatives, plus proven past performance. Must be a licensed and manufacturer certified reseller (VAR) with the Lenel access control system. Knowledge of Sequel Server, CAD, Microsoft Project, Microsoft Word, Microsoft Excel, and PowerPoint familiarity with business and security modernization projects; experience in performance measurement, risk assessments, project planning and re-sourcing, change management, configuration management, communications support and management, and information technology.

(2) Senior Systems Design Engineer (Electronic Security) - Responsible for the overall design of the entire security system. This includes all integration considerations, i.e. alarm interface, CCTV interface, etc, applicable to specific site needs, site conditions, system layout, code adherence and understanding of other trades. Final review of all designs to assure compliance with the design and all code related issues. Qualifications include experience in Security Design Engineering and must be a licensed and manufacturer certified reseller (VAR) with the Lenel access control system.

(3) Senior Technician - Reads electrical design risers and security plans. Installs, repairs, and maintains security system panels, alarm panels, security devices for intrusion detection and access control, cable and electrical connections. Performs preventative maintenance tasks as assigned. Qualifications include certifications by the hardware and software companies for the equipment he/she is maintaining and must be a licensed and manufacturer certified reseller (VAR) with the Lenel access control system. Experience and knowledge of programming panels, serial devices, and software to run those systems. Fully knowledgeable in CCTV installation and programming of matrix switchers, controllers and DVRs. Must be capable of supervising junior installers.

Please see clause 452.237-74 for more information regarding Key Personnel

(g) The following “Other Personnel” categories and responsibilities may be required as service and repairs require and must be provided by the contractor when required:

(1) Junior Systems Engineer (Electronic Security) - Responsible for assisting in overall design of all or part of the security system. This includes integration considerations, i.e. alarm interface, CCTV interface, etc., applicable to specific site needs, site conditions system layout, code adherence, and understanding of other trades. Must be a licensed and manufacturer certified reseller (VAR) with the Lenel access control system.

(2) Field Engineer - Responsible for the final terminations of all intelligent control panels, programming and set up of the software, trouble shooting, and installation of devices. Must be a licensed and manufacturer certified reseller (VAR) with the Lenel access control system.

(3) Laborer - Perform a variety of duties inclusive of operating multiple hand tools necessary to accomplish installation tasks such as installing signs, fencing, concrete, clearing brush, and painting.

(4) Electrician - Perform skilled electrical servicing and repair work on a wide variety of equipment, machinery, and building mechanical systems. Install, maintain, inspect, troubleshoot, diagnose, and repair a variety of electrical devices such as reader, doors, locks, wiring, lighting, uninterruptible power supplies in building systems environment. Ability to work from blueprints and wiring diagrams.

(5) Quality Assurance Specialist - Directs and controls all bench set up, field installation and adherence to accepted labor practices for the overall installation. Qualifications include QA experience which includes experience in evaluating security system installations for completeness, including testing all equipment for functionality.

(6) Technical Documentation Specialist - responsible for documenting security designs contained with scopes of work. Responsible for computer-aided design and drafting for as-built drawings, as required. The Technical Documentation Specialist will be working closely with the team Project Manager and others to perform design, drafting, and documentation for project assignments.

(7) Locksmith – Responsible for repair, modifications, and opening a variety of locking mechanisms found on doors, mobile equipment, safes, and vaults.

During the entire period of performance, all key personnel and any other personnel requiring access to the facility to perform under this contract shall be submitted for Security and Contractor Identity Proofing, Registration, and E-Verify. This process, once approved, will grant access badge (LinkPass) to the facility (see attachment 1 for process). This process is employee specific and LinkPass badges cannot be transferred from one personnel to another under any circumstance. Upon completion of the contract, or the separation of any personnel, LinkPass credentials shall be gathered by the contractor and turned into the COR/COTR assigned to this contract. Violation of this could result in risking the safety and security of the facility for which the contractor takes full responsibility.

3. Provisions and Clauses

Provisions Incorporated by Reference 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 address http://farsite.hill.af.mil/:

52.204-16 --Commercial and Government Entity Code Reporting. (Jul 2016) 52.212-1 -- Instructions to Offerors -- Commercial Items. (Jan 2017) (End of Provision)

Provisions Full Text 52.212-2 -- Evaluation -- Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Nov2017) 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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

(6) 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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

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

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

(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:

(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:

(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”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.