Attachment_A.docx

Sol_ 140P6018Q0060 ISRO_Fire Towers National Register Nomination Page 30 of 35

Solicitation/Contract Form This requirement has been set aside for total small business competition in accordance with FAR 52.219-6 – Notice of Total Small Business Set-Aside.

The contracting point of contact is Nicholas M Murray at Nicholas_M_Murray@nps.gov or 402-661-1698.

All questions shall be submitted electronically to Nicholas_M_Murray@nps.gov no later than 2:00 PM CST, August 31, 2018. All questions received by that date/time will be answered in one amendment to the solicitation.

Offer due date: All proposals shall be submitted to Nicholas M Murray no later than 2:00 PM CST, September 7, 2018.

Please be advised that this requirement may be delayed, cancelled, or revised at any time during the process based on decisions related to the Department of Interior (DOI) and National Park Service (NPS).

Supplies or Services/Prices Each proposed item shall include all cost for materials, labor, expenses, fees, overhead and profit associated with each proposed item.

Places (NRHP) Nomination

TOTAL LUMP SUM PRICE $___________

- END OF SCHEDULE –

Description/Specifications

SC O P E O F W O R K

NATIONAL REGISTER OF HISTORIC PLACES NOMINATION:

FIRE LOOKOUT TOWERS OF ISLE ROYALE NATIONAL PARK, MICHIGAN

The NPS seeks the preparation and completion of an NRHP multiple property nomination.

1. Preparing a physical description of the properties and the associated individual resources;

2. Providing appropriate contextual information relating each fire lookout tower to the state, region, and nation’s history and related historical themes;

3. Providing specific history of the fire towers’ cultural resources;

4. Establishing a period of historical significance; and

5. Providing a justification for the boundary.

6. United States Geological Survey map with UTM coordinates marked.

The project shall apply appropriate National Register of Historic Places guidelines (to be found online at: http://www.nps.gov/history/nr/publications/ ), including:

1. National Register Bulletin, “How to Complete the National Register Registration Form,” and its appendices.

An electronic Form 10-900 and others, in Microsoft Word, can be obtained at: http://www.nps.gov/nr/publications/forms.htm

The nomination will meet professional standards of NPS and the SHPO. Contractor will provide the necessary materials required for presentation of the nomination to the State Review Board. U.S. Geological Survey (U.S.G.S.) map(s) must accompany the nomination form and include the appropriate Universal Transverse Mercator (UTM) reference points. Current photographic documentation according to NRHP guidelines is required.

INTRODUCTION

The National Park Service (NPS), through the Midwest Regional Office, requires the preparation of a National Register of Historic Places (NRHP) multiple property nomination covering three fire lookout towers at Isle Royale National Park, Keweenaw County, Michigan. A nomination is required to document the historic resources for listing in the National Register of Historic Places. The nomination will document the history of Isle Royale fire towers, past and present, placing them in context with regional and national fire towers and histories.

The NRHP nomination shall conform to National Park Service (NPS) standards regarding methodology of historical research and writing included in Cultural Resources Management Guideline, Release No. 5 (1997), also known as Director’s Order-28, which is available from the U.S. Government Printing Office, or on the Internet at https://home.nps.gov/applications/npspolicy/DOrders.cfm . Stylistic and bibliographical standards shall conform to the latest version of the Chicago Manual of Style. Completed nomination shall be prepared on NRHP Registration Forms (available on the Internet at http://www.nps.gov/nr/publications/forms.htm ), and shall follow appropriate National Register guidelines.

Before completing the NRHP form, however, the contractor should first contact the Michigan State Historic Preservation Office to determine which form(s), 10-900, 10-900a (continuation sheet for 10-900) and/or 10-900b (Multiple Property Documentation Form.) The final NRHP nomination shall be completed and approved by the State Historic Preservation Officer of Michigan (including presentation before the SHPO’s review board), the NPS Federal Preservation Officer, National Register staff, and by the Keeper of the National Register. The nomination will be listed within twenty-four (24) months from date of award.

DESCRIPTION OF THE RESOURCES

Fire Lookout Towers, Isle Royale National Park, Michigan: There are three extant fire lookout towers within park boundaries that are more than 50 years old: Ojibway, Ishpeming, and Feldtmann. http://iri.forest.mtu.edu/Fire_Towers.htm They will be documented, described, evaluated, and nominated to the National Register of Historic Places. The nomination will document the history of Isle Royale fire towers, past and present, placing them in context with regional and national fire towers and histories. These three towers are currently being managed as cultural resources and are included in the development of alternatives in the park’s Supplemental Wilderness Stewardship Plan.

The nomination will provide critical information in order to make management decisions in two active planning efforts at the park including the Cultural Resources Management Plan and Wilderness Stewardship Plan. All of the towers are in designated wilderness, which has some bearing on preservation and treatment options. The Ishpeming (1961), Feldtmann (1964), and Ojibway (1964) lookout towers were constructed as part of the Mission 66 program, a federally-sponsored effort to improve deteriorated and dangerous conditions in the national parks in conjunction with the NPS’s 50th anniversary. The Feldtmann and Ojibway towers had wooden predecessors, which were constructed by the Civilian Conservation Corps (CCC) in the mid-1930s. The Ojibway tower presently serves as a repeater for the island’s radio communication network as well as scientific instrumentation. The Feldtmann and Ishpeming towers are inactive, although radio telemetry is sometimes performed from their upper decking. All official fire lookout activities ceased within Isle Royale National Park in the late 1970s.

A June 2018 review of the National Historic Lookout Register[footnoteRef:1] (NHLR) http://nhlr.org/ places only five historic lookouts in the State of Michigan. One is Feldtmann Lookout Tower in Isle Royale National Park, and three others are located on the Upper Peninsula (UP). Two of the UP towers are located within Ottawa National Forest and were constructed by the Civilian Conservation Corps in the 1930s. The third tower resides within Pictured Rocks National Lakeshore and appears to be a contemporary of the Ottawa Forest towers although the date is not noted on the Lookout Register. The remaining two Isle Royale towers have not been enrolled on the National Historic Lookout Register although they qualify. [1: The National Historic Lookout Register is a cooperative effort of the U.S. Forest Service, the Forest Fire Lookout Association, state agencies and other private groups to recognize historic fire lookouts throughout the United States. For over a century, lookouts have been a proud symbol of forest conservation. The Lookout Register recognizes individual lookouts that have helped in fire detection and wildfire management for at least 50 years.]

When compared with the five registered Michigan towers, the Isle Royale towers are more substantial, which appears to be related to overnight use, a requisite within a road-less backcountry wilderness setting. Similarly, the NHLR identifies fifty-two registered lookout towers in the State of Wisconsin, many of which are similar in construction style to those listed in Michigan, i.e. CCC-era 1930s construction. Eleven towers are registered in the State of Minnesota, all featuring construction styles similar to those seen in Wisconsin and Michigan. (Listing numbers are subject to change as additional lookout towers are added.)

In sum, preliminary research indicates that the three historic Isle Royale towers are unique when compared with all five existing historic fire towers listed on the tower register in the state of Michigan, but also with the numerous separate historic towers seen in Wisconsin and Minnesota. As stated earlier, the difference is likely related to Isle Royale’s remote setting, the mainland towers all being accessible by road, i.e. day-use only.

A new nomination should reflect the most up to date historical information gathered by NPS found at park headquarters on the UP mainland in Houghton, Michigan, or at the Mott Island headquarters in the park. These properties have not been evaluated for the NPS List of Classified Structures or Cultural Landscape Inventory. The nominations (including the possible multiple property nomination) needs to be presented to the Michigan State Historic Preservation Office’s (SHPO) State Review Board (make necessary revisions), and on to the NPS Federal Preservation Officer (make necessary revisions), and finally to the NRHP Keeper for listing.

Because Isle Royale National Park is a wilderness archipelago, access to it is limited to boat and seaplane, and it is open every year from April 16 through October 31. The island is closed from November 1 through April 15 due to extreme winter weather conditions and for the safety and protection of visitors. This closure extends 4.5 miles out into Lake Superior from the island. The park headquarters during the winter is in Houghton, Michigan. The summer headquarters is located at Mott Island on Isle Royale National Park.

ADDITIONAL CONTRACT REQUIREMENTS

A. General Provisions

Prospective contractors should note that the project design submitted by the contractor becomes a binding element of the contract. The work performed and reported must meet the minimum requirements.

B. Report Standards/Format and Submission Schedule

The final document shall be prepared on the appropriate National Register of Historic Places Registration Form(s), and shall follow appropriate National Register guidelines. Copies of maps, drawings and text must be clean, clear and legible. Stylistic, bibliographical, and report production standards shall conform to the latest edition of the Chicago Manual of Style.

The outline, preliminary draft, second draft and final document for the nomination shall be submitted electronically for review by the date agreed upon by the NPS Contracting Officer (CO). The preliminary draft shall be typed, double-spaced, with each line of text numbered on the left margin of each page of text, and shall include footnotes and bibliography. The preliminary draft must be submitted on the required NRHP registration form.

During the period of revision of each draft, the PI shall consult with the NPS Contracting Officer's Representative (COR) to ensure the satisfactory resolution of review comments and submission of a final draft in a timely manner. The PI will keep the COR informed at each step of the project.

The second (revised) draft which has addressed all review comments shall be submitted on the NRHP nomination form, and the line numbering of the text shall remain. The second draft shall identify or describe all graphic material to be submitted with the final package.

The NPS reserves the right to require additional, technical reviews, as necessary. All drafts shall be reviewed by the NPS for contract sufficiency and professional quality. Within the time specified under section "V. C. Submission Schedule" for receipt of drafts by the NPS, the contractor will be notified when review comments will be transmitted.

Pending SHPO and NPS approval, an electronic file of the final NRHP nomination shall be submitted with the line numbering removed and the text single-spaced and the required hard-copy will be forwarded to the NPS Federal Preservation Officer and on to the National Register of Historic Places in Washington, D.C. All maps and photographs shall be included as part of the final submittal package. The COR shall recommend final approval/denial for acceptance purposes by the Contracting Officer.

C. Submission Schedule

The project shall be completed within twenty-four (24) months of contract initiation.

Contract initiation (CI): Project begins

[Note: This schedule depends on access to the island as well as schedule for SHPO state review board.]

CI + 30 days: Project schedule due to NPS COR; includes schedule of all government reviews, including reviews by the Michigan SHPO/state review boards. (Please note that each state has its own review board schedule and it is not reflected here.)

CI + 44 days: Project schedule returned to Contractor with NPS comments

CI + 494 days: Draft nomination due to NPS COR with each nomination sent to the SHPO for review

CI + 524 days: Draft returned to Contractor with NPS comments

CI + 560 days: Second (revised) draft nomination due to NPS COR and SHPO

CI + 620 days: Second draft returned to Contractor with NPS comments or approval for production of final nomination.

CI + 640 days: Nomination proceeds through State Review Boards and on to NPS Federal Preservation Officer and NRHP Keeper.

CI + 720 days: Final NRHP nomination (both electronic and hard-copy) and all supporting materials due to NPS COR.

D. There will be a Post-Award meeting within 30 days after receipt of award, to be held at the Midwest Regional Office. Itemized cost of this travel shall be included in the cost proposal.

E. The PI shall be responsible for taking minutes of all meetings held with the CO and/or the COR in regard to substantive contract issues. Minutes of such meetings shall be circulated within 10 days to the CO and COR for review and approval.

F. Disposition of data: At the conclusion of work and within 60 days of written acceptance of the final nomination, all research and reference materials, maps, drawings, photographs, tapes, and transcripts, and other data acquired during the course of this study will become the property of the United States Government and will be submitted to the Midwest Regional Office, COR.

G. The contract may be amended through negotiation with the CO. If such a need is anticipated, the CO must be notified at the earliest possible moment, but always within 7 working days of when a problem affecting the contractor’s ability to meet requirements is suspected.

(End of Statement of Work)

Instructions,Conditions, and Notices to Bidders 52.212-1 Instructions to Offerors -Commercial Items Addenda to FAR 52.212-1, Proposal Preparation Instructions General Information To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. The offeror shall submit in their proposal all requested information specified in this section of the solicitation at or before the exact time specified. Failure to meet a requirement may result in an offer being ineligible for award.

Proposal Submission Instructions and Limitations

(a) Submission of offers: Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers shall be submitted on the SF-1449.

(b) Offerors shall submit two (2) copies of their proposal. One (1) hardy copy and one (1) digital copy on CD. Mail proposals to the following:

National Park Service-MWRO Attn: Nicholas M Murray, Contract Specialist 601 Riverfront Dr.

Omaha, NE 68102

(c) Binding and Labeling: Section I (Technical), Section II (Past Performance), and Section III (Price) shall be submitted together without binding. A cover sheet should be provided, clearly marked as to the project title, solicitation identification, the offeror's name and the offerors DUNS number. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), "Restriction on Disclosure and Use of Data”.

(d) Page Limitations: The maximum page limitation for the technical proposal is 40 pages (excluding cover pages, table of contents, list of figures, glossaries, tabs, dividers, blank pages, or other pages as identified throughout the proposal that do not provide information related to the evaluation factors). Compliance with page count limits shall be verified. When both sides of a sheet display printed material, it shall be counted as 2 pages. If the page count is exceeded, the excess pages will not be read or considered in the evaluation of the proposal.

(e) Endorsement: Proposals submitted for consideration must be accompanied by a signed cover letter. If the proposal is submitted by an organization it must bear the endorsement of both the Principal Investigator and a representative of the organization who is empowered to commit the organization to such an undertaking.

(f) The prospective contractor must submit a proposal in response to this scope of work for a historic context study. The proposal must describe in detail the investigator’s research strategy, qualifications of personnel responsible for completion of the study, and an itemized cost estimate.

The proposal will consist of:

A. Methodology and strategy for completing the NRHP nomination.

1. A description of the methods, techniques, and procedures of completing the nomination.

2. A schedule for the nomination detailing submittal of a detailed project outline, a first draft for National Park Service and SHPO review, a final review draft, and final document.

B. Personnel qualifications

1. The Principal Investigator

The principal investigator (PI) is responsible for all aspects of the project. The PI must have, at a minimum, a Masters degree in United States history.

The PI shall have a publication record demonstrating a professional level of research, analysis, and preparation of similar-in-scale and scope NRHP nominations. It is expected that the publication record will reflect education and experience beyond that of a project historian, and an understanding of the entire NRHP process.

2. Project Historian(s)

Although the overall research design, guidance and responsibility for the completed nomination lies with the PI, the PI may utilize the assistance of project historians (PH) to accomplish work. The minimum requirements for a PH are a Bachelor’s degree in United States history or historic preservation and some familiarity with the NRHP process.

3. Standards for Consultants

Personnel hired or subcontracted for their special knowledge and expertise must carry academic and experiential qualifications in their particular area of expertise. Such qualifications are to be documented by means of vitae attachments to the proposals.

C. Cost Proposal

The prospective contractor must submit a cost proposal including the following items:

1. Personnel services

a. Principal Investigator

b. Other personnel

c. Miscellaneous personal expenses

2. Supplies and equipment

3. Travel

4. Cost of analysis and preparing the nomination

5. Overhead (if applicable)

6. Other expenses

7. Total estimated cost

(End of provision)

Addendum to FAR 52.212-1(c), Period for Acceptance of Offers.

The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers." The offeror shall make a clear statement in the proposal documentation that the proposal is valid until this date

(End of provision) 52.212-2 Evaluation - Commercial Items. (OCT 2014) The Government and contractor will agree on a price prior to award that is both Fair and Reasonable to the government and the contractor. Award will be made using Simplified Acquisition Procedures, therefore the evaluation procedures at FAR 13.106-2 will be used. A firm-fixed price award is anticipated to be made to the responsible offeror submitting the quote that provides the best value to the Government. In determining best value, the following factors will be considered: technical, past performance, and price. The government has the right to award without discussions.

(End of provision) Evaluation Factors for Award

FACTOR 1: TECHNICAL CABILITY

Subfactor 1: Principal Investigator minimum requirement of Master’s degree in US History Subfactor 2: Project Historian minimum requirement of BA in US History Subfactor 3: Record of research and publications, with focus on NRHP preparation.

Subfactor 4: Statement to demonstrate ability to complete the project as specified.

Subfactor 5: Statement describing how prospect will organize, manage, execute, and evaluate the project.

Subfactor 6: Identification in repositories and other information sources to be researched.

FACTOR 2: PAST PERFROMANCE

Offeror shall submit a Past Performance Narrative and Past Performance Questioner (PPQ), for three (3) projects performed in the last five years that emphasize NRHP preparation.

FACTOR 3: PRICE

(A) Offer shall complete pricing for all contract line item numbers on the SF-1449, sign, and date offer. The prospective contractor must submit a line-item cost proposal for the project, including the following items:

1. Personnel services

a. Principal Investigator

b. Other personnel

c. Miscellaneous personal expenses

2. Supplies and equipment

3. Travel

4. Cost of analysis and report preparation

5. Overhead, Indirect, and In-kind costs as applicable

6. Other expenses

7. Total project cost (End of provision)

Contract Clauses Incorporated By Reference 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil (End of clause) 52.202-1 Definitions. (NOV 2013) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-1 Small Business Program Representations.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.222-21 -- Prohibition of Segregated Facilities 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.232-1 Payments. (APR 1984)

52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.244-6 Subcontracts for Commercial Items. (MAR 2015) 52.246-4 Inspection of Services -- Fixed-Price. (AUG 1996) Contract Clauses Incorporated By Full Text 52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a 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) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

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

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology-

(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.

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.

(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 SAM website.

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

(Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.)

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

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

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

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

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

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

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

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

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

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

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

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

Note 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, 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) 52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014) 52.212-04 Amended, Paragraph (c) is hereby amended as follows:

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

(End of provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved) [ ] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ X] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[ ] (11) (i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12) (i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved) [ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[X ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (OCT 2014) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[ X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X ] (27) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X ] (28) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[ ] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[ X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[ ] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[ ] (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)+(E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-13.

[ ] (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (38)(i) 52.223-16, Acquisition…