36C24520Q0150-011.docx

COMBINED SYNOPSIS/SOLICITATION 36C245-20-Q-0150

INDUSTRIAL HYGIENST SERVICES

Description

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

2. This solicitation is issued as a request for quote (RFQ) for Professional Industrial Hygienist to monitor and provide oversight services for asbestos abatement activities. Request for Quote will be submitted through Contract Opportunities on RFQ reference number 36C245-20-Q-0150 the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-01.

3. This solicitation is a Tiered Evaluation including Small Business Concerns – This is a set-aside in accordance with the order of priority for awarding contracts to small business concerns established in 38 U.S.C. § 8127(i). The associated North American Industrial Classification System (NAICS) code for this procurement is 541620, with a small business size standard of $16.5 million.

The FSC/PSC is F999.

5. In accordance with the attached statement of work, the Contractor shall provide pricing to perform Professional Industrial Hygienist services for air monitoring services during the construction project at the Washington DC VA Medical Center.

All interested companies shall provide quotations for the following:

Schedule of Services

6. SATEMENT OF WORK:

I. Introduction This scope of work is for Industrial Hygiene monitoring oversight services during asbestos abatement activities at the Washington, D.C. Veteran Affairs Medical Center (DCVAMC).

The selected contractor will serve as the VA Professional Industrial Hygienist (VPIH/CIH).

The independent industrial hygienist (VPIH/CIH) consultant to perform various services on behalf of the VA. The VPIH/CIH will perform the necessary monitoring, inspection, testing, and other support services to ensure that VA patients, employees, and visitors will not be adversely affected by the abatement work, and that the abatement work proceeds in accordance with these specifications, that the abated areas or abated buildings have been successfully decontaminated.

The work of the VPIH/CIH consultant in no way relieves the asbestos abatement Contractor’s Professional Industrial Hygienist (CPIH/CIH) from their responsibility to perform the work in accordance with contract/specification requirements, to perform continuous inspection, monitoring and testing for the safety of their employees, and to perform other such services as specified.

The cost of the VPIH/CIH and their services will be borne by the VA except for any repeat of final inspection and testing that may be required due to unsatisfactory initial results.

The contractor shall conduct industrial hygiene oversight services during asbestos abatement activities in accordance with the following Federal requirements which govern some aspect of asbestos abatement but are not limited to, the following regulations:

Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101 - Construction Standard for Asbestos 29 CFR 1910.132 - Personal Protective Equipment 29 CFR 1910.134 - Respiratory Protection 29 CFR 1926 - Construction Industry Standards 29 CFR 1910.20 - Access to Employee Exposure and Medical Records 29 CFR 1910.1200 - Hazard Communication 29 CFR 1910.151 - Medical and First Aid Environmental Protection Agency (EPA) 40 CFR 61 Subpart A and M (Revised Subpart B) - National Emission Standard for Hazardous Air Pollutants – Asbestos 40 CFR 763.80 - Asbestos Hazard Emergency Response Act (AHERA) Department of Transportation (DOT) 49 CFR 100 - 185 – Transportation Standards which govern asbestos abatement activities include, but are not limited to, the following:

National Fire Protection Association (NFPA) 241 - Standard for Safeguarding Construction, Alteration, and Demolition Operations NFPA 701 - Standard Methods for Fire Tests for Flame Resistant Textiles and Film NFPA 101 - Life Safety Code

3. All other applicable state and local regulations but are not limited to the following: District Of Columbia Department of the Environment (DDOE), Title 20 DCMR Chapter 8 Section 800 II. General Description of Work The Washington D.C. Veteran Affairs Medical Center is assistance with its asbestos abatement industrial hygiene oversight monitoring/consulting services during asbestos abatement projects in accordance to federal state, and local regulations. The contractor must be at a minimum knowledgeable of EPA AHEARA, EPA NESHAP, NIOSH 582, DDOE, OSHA, and U.S. Department of Transportation (DOT) regulations, as they pertain to hazardous material and instruct the Asbestos Awareness training for Class IV asbestos work.

The contractor will be responsible for managing all monitoring, inspections, and testing required by these specifications, as well as any and all regulatory requirements adopted by these specifications.

The scheduling of work and staffing must be conducted in partnership with the contractor and the VA Project Manager.

The following scope of work will apply:

Perform throughout abatement work monitoring, inspection and testing inside and around the regulated area in accordance with the OSHA requirements and these specifications. OSHA requires that the employee exposure to asbestos must not exceed 0.1 fiber per cubic centimeter (f/cc) of air, averaged over an 8-hour work shift. The VPIH/CIH is responsible for and shall inspect and oversee the performance of the contractor IH Technician. The VPIH/CIH shall continuously inspect and monitor conditions inside the regulated area to ensure compliance with these specifications. In addition, the VPIH/CIH shall personally manage air sample collection, analysis, and evaluation for personnel, regulated area, and adjacent area samples to satisfy OSHA requirements. Additional inspection and testing requirements are also indicated in other parts of this specification.

If fibers counted by the VPIH/CIH during abatement work, either inside or outside the regulated area, utilizing the NIOSH 7400 air monitoring method, exceed the specified respective limits, the Contractor shall stop work, then immediately informing the VA representative.

Instruct the annual 2-hour Asbestos Awareness training for Class IV asbestos work. The contractor shall review the current training documents, and any other information needed for the Asbestos Awareness training revision, update, and reorganization. Upon completion of this review, the contractor shall make determinations as to the adequacy of the information based on a comparison with regulations, policy, and other current guidance documents. The contractor may use current plans as references for technical information. The update and amendment of the current training document must include site specific locations of identified asbestos containing material identified by pictures and location and a “hands on” demonstration.

III. SPECIFIC REQUIREMENTS

The contractor shall provide evidence that their employees that will be working at the facility have current record or certificates of training or licenses for the following:

The contractor shall be licensed and authorized by the District of Columbia.

1. The Certified Industrial Hygienist (CIH) shall have:

a. Meet the definition requirement of American Industrial Hygiene Association (AIHA)

b. Five (5) years of monitoring experience and supervision of asbestos abatement projects;

c. Has participated as senior CIH/IH on five (5) abatement projects, three (3) of which are similar in size and complexity as this project;

d. Has developed at least one complete Asbestos Hazard Abatement Plan for asbestos abatement

e. Has trained abatement personnel for three (3) years;

f. Has specialized EPA AHERA/OSHA training in asbestos abatement management, respiratory protection, waste disposal and asbestos inspection.

2. Under the supervision of a CIH the professional Industrial Hygienist or Industrial Hygienist Technician shall:

a. Meets the definition requirements of OSHA as a “Competent Person” under 29 CFR 1926.1101(b).

b. Completed two specialized EPA approved courses on management and supervision of asbestos abatement projects.

c. Formal training in respiratory protection and waste disposal.

d. Two (2) years of monitoring experience and supervision of asbestos abatement projects.

e. Has participated as an IH or IH technician on at least five (5) abatement projects, three (3) of which are similar in size and complexity.

f. Has specialized EPA AHERA/OSHA training in asbestos abatement management, respiratory protection, waste disposal and asbestos inspection.

g. Has completed the NIOSH 582 Course or equivalent,

h. Has appropriate medical/respiratory protection records/documentation.

Asbestos Awareness training: The contractor will not require access to confidential systems or use participant contact information for any reason outside the scope of this project. The security requirements and impact for this project have been identified in VA Handbook 6500.6 Appendix A. The C&A (Certification and Accreditation) requirements do not apply, and that a Security Accreditation Package is not required.

The contactor will not subcontract the in-classroom teaching without the expressed knowledge and consent of the facility Asbestos Project Manager. Acknowledge that all DCVAMC copyright training materials, detailed outlines of program agenda, lesson plans and facilitation aids are property of Washington D.C. VAMC.

Have the necessary number of certified instructors available for each class scheduled. This would include a certified substitute instructor on standby for any unforeseen circumstances. For costing purposes, estimate one (1) instructor per course.

Contractor shall provide a copy of the certificate for the most recent EPA-AHERA approved training course to the facility Asbestos Program Manager.

Contractor shall provide copies of the approved training materials, including any PowerPoint presentations to Washington D.C. Veteran Affairs Medical Center for duplication, along with a detailed explanation on how the materials shall be put together. DCVAMC shall be responsible for all printed course materials, including any publications where applicable.

Contractor shall have participants complete and sign the “Asbestos Awareness Training” roster and forward all documents to the COR.

Proofread all necessary course materials for completeness, including all grammatical and punctuation errors.

Course revisions and updates may be necessary due to changes mandated by local, state, and federal regulations to include, but not limited to, changes to Publications, Regulations and Initiatives.

IV. SUBMITTALS

The contractor shall provide evidence that their employees that will be working at the facility submit:

A daily log shall be maintained by the IH or IH technician, documenting all OSHA requirements for air personal monitoring for asbestos in 29 CFR 1926.1101 (f), (g) and Appendix A.

The log will contain, at a minimum, information on personnel or area samples, other persons represented by the sample, the date of sample collection, start and stop times for sampling, sample volume, flow rate, and fibers/cc.

The IH shall collect and analyze samples for each representative job being done in the regulated area, i.e., removal, wetting, clean-up, and load-out.

One area sample per 1,000 square feet of regulated area where abatement is taking place and one sample per shift in the clean room area shall be collected. In addition to the continuous monitoring required, the IH or IH technician will perform inspection and testing at the final stages of abatement for each regulated area as specified in the IH responsibilities.

Additionally, the IH will monitor and record pressure readings within the containment daily with a minimum of two readings at the beginning and at the end of a shift, and submit the data in the daily report.

The duration of the work is contingent on the asbestos abatement duration, and based on information provided by the Washington DC Veteran Affairs Medical Center Asbestos Program Manager.

The schedule for the work is based upon the project being completed.

Provide 4, two-hour Asbestos Awareness trainings.

Asbestos Awareness training for Class IV asbestos work. The contractor shall review the current training documents, and any other information needed for the Asbestos Awareness training revision, update, and reorganization. Upon completion of this review, the contractor shall make determinations as to the adequacy of the information based on a comparison with regulations, policy, and other current guidance documents. The contractor may use current plans as references for technical information. The update and amendment of the current training document must include site specific locations of identified asbestos containing material identified by pictures and location and a “hands on” demonstration.

Each of A draft training program is required for submittal to the DCVAMC and shall be 100% complete and useable including a draft training presentation using Microsoft® PowerPoint and Lesson Plan using Microsoft Word. Two hard copies and one electronic copy will be submitted to the facility for review and comment.

Final training program: A Microsoft® PowerPoint presentation and Lesson Plan using Microsoft® Word is required that will fully address all comments delivered by DCVAMC, and a written response to each comment will also be provided to the facility.

Format: Reference to Federal and State regulations that apply will follow section title in Table of contents, in sections and paragraph body. Blank pages, as needed, will be allowed to facilitate additions as required. Two hard copies of the training and Leader Guide will be submitted to the DCVAMC Safety Office.

The update and amendment of the current training document must include site specific locations of identified asbestos containing material identified by pictures and location and a “hands on” demonstration.

V. PROJECT MILESTONES/SCHEDULE

The contractor shall coordinate a schedule of tasks to be performed and their deadlines with the COR or designee.

Special Instructions:

Security: The contractor shall direct its designated employee(s) to submit his/her fingerprints for a background investigation in accordance with attached Contractor/Employee Fingerprint Request form and instructions. Fingerprints can be taken electronically at the nearest VA facility.

Identification: Contingent upon the fingerprint results, the contractor’s field service employee will have to complete the identification badging process and contractor’s orientation before commencing of work. Contractor’s employee shall wear visible identification at all times while on the premises of the Washington, D.C. VAMC.

Vehicles: All vehicles will be locked, and the keys removed while performing service on the Medical Center’s property. This is intended to protect the contractor’s property and provide for the safety of the Medical Center’s personnel. Vehicle(s) shall be identified. Parking in the appropriate designated parking areas is expected. Information on parking is available from the VA Police. The VA Medical Center will not invalidate or make reimbursement for parking violations of the contractor for any conditions.

Safety Requirements: Contractor and all field employees will be given a GEMS and Safety orientation prior to beginning work. In the performance of this contract, the contractor shall take such safety precautions as the Contracting Officer or designee may determine to be reasonably necessary to protect property; and the lives and health of the occupants of any building. The Contracting Officer or designee will notify the contractor of any noncompliance with the foregoing provisions and action.

Smoking is prohibited inside any building and only permitted within designated smoking areas on hospital grounds. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of the VA regulations may result in citation, answerable in the United States (Federal) District Court.

7. Period of performance will be one (1) year from the date of award.

8. Place of Performance:

SOLICITATION CLAUSES AND PROVISION

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

9. FAR 52.212-1, Instructions to Offerors–Commercial Items applies to this acquisition and is incorporated by reference. The full text clause will be made available upon request.

The following information must be reference on quotes:

a) Solicitation number for this requirement as 36C245-20-Q-0150

b) Name, address and telephone number of offeror

c) Technical Capability - description of services performed under previous contracts should be based in accordance with the Statement of Work. This Technical Capability should address the requirement; Please address all the technical evaluation sub-factors. ( Failure to address all the sub-factors will result in your package being determined incomplete. (Capability statements will not be accepted in addressing technical capability.)

d) Price. - Price should be for all services indicated in Number 5 of this document. The pricing must be broken down in a manner that allows for price reasonableness to be determined. Failure to provide complete pricing will result in contractor’s package being determined to be incomplete.

e) Acknowledgement of any solicitation amendments

f) Past performance information.

g) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representation or information or reject the terms and conditions of the solicitation may be excluded from consideration.

11. FAR 52.212-2, Evaluation—Commercial Items (OCTOBER 2014), applies to this acquisition and is considered incorporated by reference. The full text clause will be made available upon request.

TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS: This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns, or in the alternative, a set-aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

1. Tiered evaluations for small business concerns. The order of priority for awarding contracts to small business concerns is established in 38 U.S.C. § 8127(i) as follows:

a. Evaluate the offers, if any, submitted by SDVOSB concerns. If no offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the SDVOSB set-aside, document the basis for not making an award within this tier as prescribed in subsection (f) below, and proceed to the set-aside for VOSB concerns.

b. Evaluate the offers, if any, submitted by VOSB concerns. If no offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the VOSB set-aside, document the basis for not making an award within this tier prescribed in subsection (f) below, and proceed to the set- aside for other small business concerns set forth in each subsequent tier.

c. Evaluate the offers, if any, submitted by other small business concerns. If no offers were submitted by other small business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, cancel the solicitation, document in a memorandum for record the basis for cancelation, and resolicit as an unrestricted procurement.

Basis of award will be a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. Responses should contain your best terms, conditions.

The government shall evaluate information based on the following evaluation criteria:

1. Technical Capability: Technical capability is defined as an offeror’s ability to satisfy the solicitation’s requirements, providing the highest quality service to the specified facilities. Technical capability will be determined on the basis of the qualifications of the offeror’s capability statement.

Factor 1 – Quality:

a. Submit the number of specific Industrial Hygiene asbestos abatement projects conducted, monitored and supervised in the past five (5) years. Provide the specific information on the type and size of facilities.

b. Provide the number of Asbestos Hazard plans created by in the past five (5) years, include specific information pertaining to the type and size of facilities audited.

c. Provide experience that demonstrated the knowledge of local regulations as it relates to state and local environmental regulations applicable to the District of Columbia outlined in the Statement of Work.

Factor 2 – Qualifications/Key Personnel and Management Approach

a. The key personnel will be evaluated to assess the qualifications of prosed staff, their experience in the same (or similar) projects, and their capability to fully and professionally accomplish the tasks referenced in the statement of work for this combined synopsis/solicitation.

b. Provide documentation for key personnel to be utilized in their offer in accordance with Statement of Work, Section III Specific Requirements, sub-paragraphs 1(a-f) and 2(a-h). Key personnel must have at minimum a Bachelor of Science in environmental related fields as well as specific certifications identified stated section of the Statement of work.

c. Provide a management organization plan that among other items demonstrates how the work will be managed to ensure success of the contract from a professional, cost and time perspective. To include a staffing availability plan, key personnel and subcontractors to complete multiple-tasks.

Past Performance: Identify at least three references, preferably federal agency contracts, including contract number, dates of performance, points of contact, and telephone numbers, whereby you have provided the same or similar services, of the magnitude described in this solicitation. References will be considered in the evaluation process.

Relevant past performance information shall include key personnel who have relevant experience, predecessor companies, and subcontractors who will perform major or critical elements of this solicitation. The contracting office will also review performance history in CPARS. Offerors without relevant past performance or for whom past performance information is not available, will receive a neutral rating.

3. Price: Quotes must be fair and reasonable as determined by Contracting Officer’s price analysis. Vendor must include a complete cost schedule from section (v.) in order for the contracting officer to properly evaluate price reasonableness. In addition, when including travel to the job site, provide a separate breakdown of costs to include, method of travel, (airfare/rental car or personal/company car including rate and mileage), hotel costs, and per diem for traveler.

(x) The provisions at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this acquisition. * All firms or individuals submitting a quote shall include a completed copy of this provision OR have current Representations and Certifications in the System for Award Management (SAM - https://www.sam.gov). Representations, Certifications, and SAM must be current at award. IF NOT CURRENT AND/OR YOU DO NOT SUBMIT A COMPLETED COPY OF THIS PROVISION, YOUR QUOTE WILL BE CONSIDERED NON-RESPONSIVE.

12. The Service Contract Act of 1965 does apply to this procurement (see attached Wage Determination). IT Security language does not apply to this purchase order.

The government intends to award a firm-fixed price contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

The offeror shall list exception(s) and rationale for the exception(s), if any.

13. Submission shall be received not later than 1:00 PM (Eastern), Wednesday, January 15, 2020. The government shall only accept electronic submissions via email, please send all quotation packages directly to Veronica B. Dillard at Veronica.Dillard@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

14. Questions are due to the point of contact listed here not later than 11:00 AM (Eastern) on Tuesday, January 14, 2020. Direct all questions via email to Veronica B. Dillard, Contracting Officer, Veronica.Dillard@va.gov. Answers to any received questions will be publicly posted on Contract Opportunities as an amendment to this combined synopsis/solicitation.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

http://acquisition.gov/comp/far/index.html

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

15. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) 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 (u) of this provision.

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

Forced or indentured child labor means all work or service—

(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 product and service codes (PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 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 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(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: Complete paragraphs (c)(8) and (c)(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No Country of Origin [List as necessary]

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

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

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

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin [List as necessary]

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free…