AMENDMENT 1 Solicitation 127EAY23Q0073.pdf.docx

SF 1449

127EAY23Q0073

6. SOLICITATION ISSUE DATE

07/14/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARGARET FORREST

b. TELEPHONE NUMBER 530-233-8756

8. OFFER DUE DATE/

07/27/2023 4:30 pm PT

USDA-FS CSA SOUTHWEST 1

225 W 8TH STREET

ALTURAS, CA 96101

|_| UNRESTRICTED OR |X| SET ASIDE: 100% FOR

|X| SMALL BUSINESS

NAICS: 811210 |_| EMERGING SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

SIZE STANDARD |_| SERVICE-DISABLED VETERAN-

$34.0 |_| 8(A) OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO (PERFORMANCE LOCATION)

USDA FS, MODOC NATIONAL FOREST

225 W 8th Street, Alturas, CA 96101

16. ADMINISTERED BY CODE

SEE BLOCK 9

17a. CONTRACTOR/ OFFEROR

NAME:

18a. PAYMENT WILL BE MADE BY:

ALL INVOICES MUST BE SUBMITTED VIA THE INVOICE PROCESSING PLATFORM AT WWW.IPP.GOV.

PAYMENT WILL BE MADE BY EFT (ELECTRONIC FUNDS TRANSFER).

ADDRESS:

EMAIL:

|_| SEE ADDENDUM

MODOC NATIONAL FOREST

|X|

ARE

ARE NOT ATTACHED

ARE

ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation number 127EAY23Q0073 is issued as request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97.

(iv) This is a 100% Small Business Set-aside under NAICS code 811212 Electronic and Precision Equipment Repair and Maintenance; the small business size standard is $34.0: the Product/Service Code J074 Maintenance/Repair/Rebuild of Equipment-Office Machines.

(v) . Maintenance service of two (2) HP LaserJet Enterprise Flow MFP M880Z copiers at Modoc National Forest Supervisor Office. See Scope of Work.

(vi) The Government is seeking to establish a purchase order contract for a full-service maintenance contract for the Modoc National Forest. This will be a five-year contract (base and four option years) option years will be based on funding

FAR 52.232-19.

(vii) The contractor shall perform quarterly services, maintenance, repairs, and supplies of all Modoc National Forest networked printer/copier/fax machines/multifunction devices in accordance with all commercial standards and practices. The Contractor shall provide a quarterly written scheduled maintenance report and a maintenance plan/schedule for all the individual equipment listed in the Performance Work Statement (PWS), throughout the lifetime of this contract

(viii) The provision at 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. The Government intends to evaluate quotes and offer an award based on the quote submission; therefore, the quote should contain the best terms from a price and technical standpoint. The following are SUBMISSION REQUIREMENTS:

(ix) 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:

1)Pricing of Service for Maintenance, repairs, supplies 2)Pricing to include base and option years

3) Relevant Past Performance: Past Performance is a measure of the degree to which an offeror has satisfied its customers, complied with contract terms and conditions in addition to applicable laws and regulations. The Government may contact individuals and firms that you have performed services for, to evaluate your experience and past performance record.

(x) Responses shall submit a completed copy of 52.212-3, Offeror Representations and Certifications -- Commercial Items, unless it has an active entity registration with the certifications through the System for Award Management (SAM) website. (www.sam.gov)

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://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm

(xi) The clause at FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS applies to this contract Addenda to this clause are as follows:

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2018), applies to this acquisition with the following clauses checked

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020).

52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

52.222-19, Child Labor - Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C 3332).

52.222-41 Service Contract Labor Standards. (AUG 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658. 52.222-62 Paid Sick Leave Under Executive Order 13706.

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.217-8 Option to Extend Services (NOV 1999) 52.219-14 Limitations on Subcontracting (SEP 2021) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013).

52.228-5 Insurance-Work on a Government Installation. (JAN 1997) 52.237-1 Site Visit (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.249-4 Termination for Convenience of the Government (SERVICES) (APR 1984) 52.252-2 Clauses incorporated by Reference (Feb 1998).

Provisions:

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.209-7, Information Regarding Responsibility Matters 52.209-12, Certification Regarding Tax Matters 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan

(xiii) Use of Invoice Processing Platform (IPP) is Required

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website:

https://www.ipp.gov/ index .htm.

(xv) Response Due Date and Contact Information:

Offers are due on 27 July 2023 no later than 4:30 pm. Pacific Standard Time.

(xvi) Quotations can be emailed to Margaret Forrest; margaret.forrest@usda.gov by the date and time above. Enter the solicitation number in the subject line of emails.

Point of Contact: Technical Contact:

Response Form

EXPERIENCE AND PAST PERFORMANCE QUESTIONNAIRE

Instructions: Please use spaces below to respond to evaluation criteria. Additional or supplementary page may also be submitted. Please list N/A for inapplicable items.

Corporation Partnership Individual / Sole Proprietor / Owner- Operator

Address:

Email:

Telephone:

SAM UEI #:

Relevant Experience of Service Provider(s):

Past Performance References:

Reference Name and Company / Agency Reference Contact Phone Number Description of Services Performed

Have you ever failed to complete any work awarded to you in the time required YES NO If "yes", please specify contract and reason(s):

Location where services were provided:

Any other comments (optional) – Attach other pages as necessary if you need more room.

CERTIFICATION: Submission of this form with the quote certifies that all of the statements made above are complete and correct to the best of your knowledge and that any persons named as references are authorized to provide the Forest Service with past performance information needed to verify my capability to perform this project.

Modoc National Forest Schedule of Items

Rate Cost

US Department of Agriculture (USDA)

Statement of Work

Contents

Project Supervisor's Office Copier Repair & Maintenance General Information

1.0 Scope of Work

Modoc National Forest is soliciting a full-service maintenance contract to include general maintenance, operational support, necessary repairs, and supplies for two (2) HP LaserJet Enterprise Flow MFP M880Z+ Copiers. The Contractor shall provide all management, tools, supplies, transportation, equipment, and personnel necessary to professionally service, maintain, repair, and stock with consumable supplies, with the exception of paper, the networked printer/copier/multifunction devices at the Modoc National Forest Supervisors Office, in accordance with all commercial standards and practices.

2.0 Background

The Modoc National Forest, Supervisors Office intends to solicit for a full-service maintenance contract for our HP LaserJet Enterprise Copiers located at 225 West 8th Street, Alturas, CA 96101. The continued maintenance by a qualified technician is proprietary and the copiers must have maintenance provided by a HP copier technician and Kyocera technician to keep the warranty valid. The performance period is from date of award through 1 base year and 4 one-year option periods.

Contractor Requirements

3.0 Technical Requirements / Tasks

Definitions

needed.

paper jams and correcting the cause any error messages indicating a defect in the machine.

Description of Services & Supplies

1. The contractor shall perform quarterly services, maintenance, repairs, and supplies of all Modoc National Forest networked printer/copier/fax machines/multifunction devices in accordance with all commercial standards and practices. Note: This contract does not cover any replacement equipment when it has reached the end of its life cycle.

2. The Contractor shall provide a quarterly written scheduled maintenance report and a maintenance plan/schedule for all the individual equipment listed in the Performance Work Statement (PWS), throughout the lifetime of this contract. The Contractor shall provide written recommendations for the upgrade or replacement of any IT equipment listed in the PWS based on the quarterly maintenance report, and/or any other factors based on the hardware manufacturer’s specifications. In addition, the Contractor will provide a written schedule for the individual equipment billable replacement parts associated with his regularly scheduled periodic service, maintenance, and repair visits.

3. The Contractor shall maintain all printers in a professional manner in accordance with the manufacturer’s recommendations and all commercial standards and practices. All work shall be performed on the Modoc National Forest Supervisors Office premises, unless exceptions are specifically authorized in writing by the Contracting Officer Representative (COR). The Contractor is responsible for providing service, maintenance, repairs, and supplies for all networked IT equipment at Modoc National Forest Supervisors Office. The Contractor shall allow new IT equipment to be added and/or deleted from the contract via a bilateral modification to the contract. Warranty specifications for all new IT equipment shall be met in a professional and timely manner, to properly service, maintain and repair all new IT equipment as needed.

4. The Contractor shall telephonically respond to all on-site service calls from the Contracting Officer Representative (COR) within one (1) hour, 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding federal holidays, and for all IT equipment identified as standard or high priority. The Contractor shall provide the Contracting Officer Representative (COR) his office and cell phone numbers and email so that he/she can stay in contact. The repair time measurement starts once the Contractor leaves his facilities and arrives at his designated location at Alturas, California and provides the COR a written estimate to repair/service/replace the IT equipment and the cost of any repairs covered in the basic service contract. The Contractor shall provide a standard eight (8) business hour repair (same-day or next business day) for all other IT equipment covered in this contract.

5. Repair Service Calls: Repair service calls throughout the life of this contract.

6. Routine Calls. The Contracting Officer Representative (COR) or his designated government point of contact shall notify the contractor of any IT equipment repairs or replacements to be made from the service call. The contractor shall report to the respective work location in a timely manner, survey the IT equipment, and provide the Contracting Officer Representative (COR) with an estimated time to repair, replace, or service and any cost of repairs not covered in the basic service contract. The contractor shall only commence repair work after verbal or written approval from the designated Contracting Officer Representative (COR) or his/her designated Government Representative. All repair/maintenance work shall be in accordance with normal commercial standards/practices using parts specified by the manufacturer, or items of equal or better quality. Downtime of the networked printer/copier/multifunction devices shall be kept to an absolute minimum. The contractor must notify the COR of all projected downtime and the estimated time for repair/replacement in a timely manner. The contractor shall also prepare and submit a written report of each IT equipment repair to the COR in a timely manner. This written report shall include as a minimum: the date and time of the service call, the physical location of the device, the repairs performed, any outstanding issues or recommendations, and the printed name and signature of the technician performing the repairs. The Contractor shall provide estimates of turnaround repair of all IT equipment that exceed the eight (8) business hour repair time in writing to the COR. The Contractor shall allow for the inclusion of newly acquired equipment and removal of de-commissioned equipment from the schedule via a bilateral modification to the contract. The Contractor shall perform all work on the Modoc National Forest Supervisors Office premises at Alturas, California, unless specifically told otherwise in writing or verbally by the COR. The Contractor shall provide written recommendations for the displacement, upgrade, or replacement of the IT equipment listed in the Performance Work Statement (PWS) to the COR.

7. Repairs. Defined as any Contractor action needed to effect the continued operation of the IT equipment in accordance with the manufacturers’ specifications and all commercial standards and practices. For example, the IT machine/equipment is not fully operationally. This includes, but is not limited to, equipment diagnostics, providing and installing replacement parts, clearing persistent or severe paper jams, correcting any error messages indicating a defect in the machine’s operation, and reporting any other issues or recommendations to the COR. The Standard response time is eight (8) business hours.

I. Need is identified by any of the following:

(1) Contact initiated by the Contracting Officer Representative (COR) or his/her designated Government representative.

(2) Contractor’s on-site inspection II. Identification by the COR, the designated Government POC, or prior agreement whether high-priority response (within 4 hours) is required III. Need as addressed by the Contractor:

(1) Schedule with the COR, or his/her designated Government POC, the site visit to perform any needed repairs, services, or maintenance

(2) Provide any necessary repair parts or equipment

(3) Record site visit or delivery including machine ID, date, and work performed

(4) Repeats I-III above if a return site visit is needed to complete repairs

(5) Records labor and parts to be invoiced

(6) Provide the COR written copies of all required documentation in a timely manner.

IV. Fulfillment of need as recognized by the Contracting Officer Representative (COR) or his/her designated Government POC:

V. Sign-off on successful completion of repair/service/maintenance, including labor time.

VI. Evidence of physical IT equipment repair (e.g. test print of document) in hand.

8. Emergency Calls. The contractor shall respond to all emergency repair calls from the Contracting Officer Representative (COR) or his/her designated Government POC, within 4 hours after notification during normal business hours. The contractor shall prepare and submit a written signed report within two (2) business days after the emergency repair is completed. This report shall include the date and time of the service call, the repairs performed, any outstanding issues or concerns, and the signed and printed name of the technician performing the repairs/service/ maintenance.

9. Provide Consumable Supplies defined as user-installable supplies such as toner cartridges consumed in printer/copier output. Also, includes delivery to each site of contractor installed supplies such as ribbons and ink/toner modules and replaceable print heads. For the purpose of estimating costs, assume an average monthly production volume of 15,000 square feet for each printer.

I. Need is identified by any of the following:

(1) By way of Contractor’s remote monitoring if available and/or verified estimation

(2) By way of call from POC/user

(3) By Contractor on-site inspection II. Need is addressed by contractor.

(1) Initiates delivery of supplies or consumables (paper & ink/toner)

(2) Notify POC of expected delivery of supplies or consumables.

(3) Records site visit or delivery including machine ID, date, and work performed.

III. Fulfillment of need is recognized by POC.

(1) Receipt of supplies or consumables

(2) Sign-off on delivery receipt of supplies or consumables

10. QUALITY ASSURANCE. The government will periodically evaluate the contractor’s performance by appointing a Contracting Officer Representative (COR) to monitor performance to ensure that all maintenance/repairs/services/supplies are received in a timely and professional manner. The government representative will evaluate the contractor’s performance through intermittent on-site inspections, receipt of complaints from base personnel, and other surveillance methods as identified in the government Quality Assurance Surveillance Plan (QASP). The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate, because of repeated failures discovered during quality control inspections, or because of repeated customer complaints. Likewise, the government may decrease the number of quality control inspections if positive performance dictates. The government will also receive, investigate, and validate complaints from various customers located on the installation. The contractor shall be responsible for initially validating customer complaints. However, the COR shall make final determination of the validity of all customer complaints in cases of disagreement with customer(s).

11. QUALITY CONTROL PLAN: The contractor shall develop a Quality Control Plan (QCP) for government review and acceptance that outlines the frequency and procedures for routine quality assurance (QA) inspections, to ensure compliance with all portions of this PWS. The contractor shall submit a Quality Control Plan for government review and approval within ten (10) business days of contract award to the Contracting Officer and the COR for review and approval. The contractor shall also provide the COR a monthly report summarizing his/her QA inspections, areas inspected, inspection discrepancies/findings, customer complaints, and what the Contractor did to remedy or mitigate these various issues.

Service Specifications:

Vendor shall provide full-service maintenance for copiers. This will include all supplies and services necessary to maintain printers in good, working condition. All consumables excluding paper shall be provided by the vendor.

(1) Contract shall include 6000 black and white prints and 3000 color prints per month on each copier

(2) Vendor shall respond to service requests within a maximum of 2 business days

(3) Service calls (including travel) shall be included in bid price and will not be paid in addition to contract price

4.0 Government Furnished

Government shall provide two (2) HP LaserJet Enterprise Flow copiers supplied by a regional contract and full installation provided by a qualified technician shall be completed by the execution timeline of this contract. Government will provide adequate storage for replacement parts. Government shall provide access to facilities for vendor to perform needed repair and replacement functions.

Equipment Information:

5.0 Deliverables / Schedule

Contractor shall provide annual support starting on 1-AUG-2023 until 1-JULY-2028, with no work taking place on weekends and federal holidays.

Note:

Should the official holiday fall on Saturday then the observed holiday is the previous Friday.

Should the official holiday fall on Sunday then the observed holiday is the following Monday.

Key Deliverables

6.0 Travel

Travel to and from is included in the agreed upon contract price and no additional costs for travel shall be accrued beyond the contract agreement.

7.0 Contractor’s Key Personnel

1. Technical support staff

2. Maintenance staff

8.0 Security Requirements

Access to classified information is not a requirement of this contract. However, due to the sensitive nature of the IT equipment the contractor at a minimum, may be subject to such conformance required by all on-site contractor personnel to be subjected to the following:

1. Verification of U.S. citizenship

2. Completion of Personal Information Sheet

3. Interview

4. Local record checks (available personnel and security records) conducted

5. Local public agency inquiry

6. National Agency Check (NAC) to determine trustworthiness.

7. Government escort(s) may be provided as required in all work areas when needed.

9.0 Data Rights

The government will retain rights to all intellectual property and data produced during this award instrument.

10.0 Section 508 – Electronic and Information Technology Standards Installation, Configuration & Integration Services When the offeror provides installation, configuration or integration services for equipment and software pursuant to this contract, the offeror shall not install, configure or integrate the equipment and software in a way that reduces the level of conformance with the applicable Revised 508 Standards.

Maintenance Upgrades & Replacements The offeror shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this contract do not reduce the original level of conformance with the applicable Revised 508 Standards at the time of contract award.

Non-Compliance Before final acceptance of any ICT item, including updates and replacements, if the offeror claims its products or services satisfy the applicable Revised 508 Standards specified in the statement of work, and the contracting officer determines that any furnished ICT item is not in compliance with such requirements, the contracting officer will promptly inform the offeror in writing of the noncompliance. The offeror shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

2 - Section 2 4 - Section 4 2 - Section 2 52.204-7 System for Award Management. (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii)

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-12 Certification Regarding Tax Matters. (OCT 2020)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (DEC 2022)

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

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2)

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It is, is not a small business concern; or

(ii) It is, is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(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-

(i) It is, is not a service-disabled veteran-owned small business concern; or

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

Note to Paragraphs (c)(8) and (9):

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

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

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

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

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(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)

(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…