36C25619Q1422-0003002.docx

B.2 PERFORMANCE WORK STATEMENT

Project Title: Remove and Replace Existing Storm Drain Pipe

1. INTRODUCTION:

The government requires removal and replacement of storm drain piping located in room BB-00 at the east end of the service tunnel at building 100, at the Michael E. DeBakey VA Medical Center (MEDVAMC) in Houston, Texas.

2. DESCRIPTION:

2.1 The contractor shall provide all management, labor, tools, equipment, personal protective gear, parts, transportation and other incidentals necessary to remove and replace storm drain piping (see attached Exhibit 1) located in room BB-00 at the east end of the service tunnel at Building 100.

2.2 The contractor shall in accordance with the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications and this performance work statement (PWS).

2.3 The contractor shall with the Facility Management Service and government point of contact ensure that removal and replacement of storm drain piping will not impact the mission of MEDVAMC. The contractor shall make all arrangements necessary to inspect, analyze, repair and calibrate the pipes, associated parts and equipment to return the pipes to fully operational status including verifying field conditions.

2.4 The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

2.5 Glossary. Acronyms used in this PWS are listed below:

3. PERFORMANCE REQUIREMENTS:

3.1 The contractor shall communicate with the government point of contact FMS plumber in writing the plan to isolate, remove and install the storm drain piping and cast-iron pipe to fully operational.

3.2 MEDVAMC and contractor shall coordinate the lockout and tagout of pipe isolating all power source (water, electric)

3.3 The contractor shall remove approximately 60 feet of existing 10” storm drain piping, Wyes, 45, and 90 elbows.

3.4 The contractor shall install approximately 60 feet of cast iron pipe. The contractor shall remove fittings according to the 2018 edition of the National Standards Plumbing Code. The contractor shall provide proper bracing support for all piping and fittings as required by the 2018 National Standards Plumbing Code. The contractor shall install proper bracing support for all piping and fittings as required by the 2018 National Standards Plumbing Code.

3.5 The contractor shall repeat this process until all removal of existing storm drain piping and installation of cast iron piping are returned to 100 percent service in relation to proper bracing support for all piping and fitings.

3.6 The contractor shall provide removal of the storm drain piping after hours, weekend or holiday and remove and dispose of existing storm drain piping.

3.7 The contractor shall install new cast iron pipe.

3.8 The contractor shall remove all trash and debris associated with the job.

3.9 The contractor shall perform all safety devices associated with the cast iron pipe.

· Leaks

· Pipes failure to operatively function

3.10 The contractor shall furnish technical, supervisory, and administrative personnel to ensure the completion of the work specified in this PWS.

3.11 All work performed shall be fully documented by the contractor.

3.12 The contractor shall consult on the offered in the industry is recommended.

4. PERFORMANCE LOCATION AND HOURS:

4.1 Place of Performance:

Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd., Bldg 100 Houston, Texas 77030 Room BB-00 at the east end of the service tunnel at Building 100.

4.2 Period of Performance: 90 days

4.3 Work Hours:

Monday through Friday 7:00 am - 4:30 pm, excluding federal holidays, and unless other times are arranged in advance and approved in writing by the government point of contact.

1.4 Federal Holidays:

4.4.1 The ten holidays observed by the Federal Government are:

4.4.2 If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any other day specifically declared by the President of the United States.

4.5 Parking:

Parking is rigidly controlled throughout the MEDVAMC. Contractor parking is only allowed in authorized areas. Contractor shall abide by all MEDVAMC police requirements. Parking in designated patient parking areas is strictly prohibited. Parking for unloading equipment necessary to perform the work will be authorized in advance of starting the project.

5. SUBSTITUTION:

5.1 Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

5.2 If the Contracting Officer determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the government at time of contract award, the Contracting Officer may, (1) terminate the contract for cause or for the convenience of the government, as appropriate, or (2) seek any other remedy available under the contract or law.

5.3 The contractor shall replace any absent individual for any period greater than one workday to leave a full complement of trained qualified personnel at all times with no disruption of services.

6. CONTRACTOR PERSONNEL AND MANAGEMENT

6.1 Contractor Personnel: The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS with five (5) years relevant experience. A copy of the plumbing license shall be submitted with the technical proposal. Failure to submit plumbing license with the technical proposal shall result a non-responsive technical proposal.

6.2 Contractor Badges: Notwithstanding the requirement to wear a government furnished badge, contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this contract, including when on government directed travel. The badge will contain a personal picture, name of employee, and contractor’s name. Badges shall be worn on the outer garment attached ot the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

6.3 Safety/Security Requirements: The contractor shall comply wit all applicable federal, state and local laws and protect all material(s), equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

6.4 All information generated in performance of this contract becomes property of the government and must be surrendered upon request and/or completion of the contract. The contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

6.5 The contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

6.6 Standards of conduct:

6.6.1 Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e., timeliness, communication; spoken and written, etc.). The Contracting Officer may require the contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in interests of the government. The MEDVAMC hospital director or designated representative has the authority to bar individuals from the government facility. The removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide personnel to perform the services as required by this PWS. The government shall not reimburse the contractor for travel and other expenses associated with the removal of personnel.

6.6.2 Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

6.6.3 Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for government civilian personnel acting in similar capacities.

7. NON-PERSONAL SERVICES STATEMENT

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The government will control access to the facility and will perform the inspection and acceptance of the completed work.

7.1 The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in and efficient, reliable, and professional manner. The normal manner of dress is business casual.

7.2 Specific Personnel Qualifications Requirements. Personnel assigned to or utilized by the contractor in the performance of this contract shall, at a minimum: be the responsibility of the contractor. The general contractor, and all if any sub-contractor’s employees shall have the 10-hour OSHA safety course; shall have the 30-hour course.

8. MATERIAL & WORKMANSHIP QUALITY

8.1. The contractor shall ensure materials and workmanship is in compliance with the 2018 National Standards Plumbing Code.

8.2. The Contractor shall provide complete maintenance service support during the warranty period unless the problem is determined to be the fault of the MEDVAMC. Contractor’s warranty maintenance service support shall include all parts, service, labor, travel time, and expense to perform corrective maintenance on the new turnkey installation.

9. GOVERNMENT FURNISHED EQUIPMENT:

9.1. The government shall not provide space available for the storage of contractor equipment and materials for this project. The Contractor shall schedule delivery of materials to limit the amount of storage space and time.

10. DEBRIS REMOVAL

10.1. The contractor shall remove waste materials and debris daily from the campus. The contractor shall remove waste material and debris off the site and dispose waste in accordance with applicable state and federal regulations.

11. CODE REQUIREMENTS

11.1. The contractor work for this project shall comply with the 2018 edition of the National Standards Plumbing Code.

12. SITE UTILITIES

12.1. The Contractor shall note that this performance work statement does not detail all existing structures, utilities, or components that may potentially interfere with the contract work required. All proposed utility relocations, reallocations, and shutdowns shall be approved by the government point of contract prior to commencing such work. The contractor shall field verify all existing utility installations and take appropriate action prior to working around any potential utility installation.

12.2. In the event of a shutdown, restriction, or interruption of any utility services is required, a written request shall be submitted to the government point of contact with a minimum of 72 hours’ notice. These requests shall be approved by the government point of contact prior to commencing work.

13. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT

13.1 The government point of contact shall be responsible for monitoring the contractor’s performance. Performance deficiencies or poor performance identified during the term of the contract shall be documented by the government and reported to the contractor. Upon notification of deficiencies or poor performance, the contractor shall be given 5 days’ time to take corrective action. If determined appropriate, the Contracting Officer and/or other VHA Regional Contracting Office-16 staff members shall meet with representatives of the contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified by the government. The contractor shall notify the Contracting Officer when corrections(s) have been made. If the appropriate correction is not made within the timeframe specified, the government shall have the right to terminate the contract in its entirety. Nothing in this section is intended to modify or waive the government’s rights outlined in 52.212-4.

13.2 Performance Standards Requirements Summary Matrix

Negative: May result in adverse CPARS and/or reperformance of work. Below AQL, non-acceptance of services. A contract discrepancy report (CDR), will be issued for performance below the AQL.

Negative: May result in adverse CPARS and/or reperformance of work. Below AQL, non-acceptance of services. A contract discrepancy report (CDR), will be issued for performance below the AQL.

14. CHANGES TO THE CONTRACT OR PWS:

Changes to this PWS or the impending contract shall only be authorized and approved through written correspondence form the Contracting Officer. A copy of each change shall be kept in a project folder along with all other documents or items pertaining to the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the Contractor.

END OF THE PERFORMANCE WORK STATEMENT

E.2 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.

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

Submit your company’s quote in writing via email utilizing either PDF or Word format. An offeror may not submit more than one quote. If a concern submits more than one quote all quotes will be rejected, and the company will be considered nonresponsive. Quotes received that do not include all information in accordance with this combined synopsis/solicitation will be considered unacceptable and the company will be deemed nonresponsive.

The government intends to award a contract as a result of this combined synopsis/solicitation to the lowest priced technically acceptable (LPTA). This procurement is a 100% Total Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside and all eligible quoters are encouraged to submit quotes. To be eligible for award quoter must be verified in the Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov ) at the time of the close of the RFQ and at the time of award and be registered in the System Award Management (SAM) at the time of award.

QUOTE PREPARATION INSTRUCTIONS:

1. Quote Preparation

a. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of quotes. Quoters shall carefully review this section prior to commencing preparation of quotes and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

b. In order for a quote to be considered, quoters must strictly comply with all instructions outlined in this combined synopsis/solicitation. Failure to furnish quotes that comply with the instructions, at the predetermined due date for submission, may result in elimination from consideration for award. Furthermore, all solicitation amendments (if any) must be acknowledged in accordance with FAR Clause 52.212-1 Instructions to Offerors.

2. Submission Instructions

a. One electronic copy (email) of all sections of the quote (Technical, Price and Past Performance) shall be submitted to the Contracting Officer via email to jeneice.mcclinton@va.gov on or before the due date/time shown in paragraph 3 (page 1 of this document).

i. All email responses shall reference the solicitation number 36C25619Q1422 in the email’s subject line.

b. Faxed quotes are NOT permitted under any circumstances.

3. Quote Format

a. All commitments made in the quote may become a part of the resultant contract. The data submitted with each quote should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

b. Electronic Copy: Provide one (1) electronic copy of the complete quote. Electronic copies must be in Microsoft Word or Adobe Acrobat format, and virus checked prior to submission.

i. Volume 1 contains one section, Technical Information.

ii. Volume 2 contains one section, Pricing Information. Quoter is to complete Section B.2 Price/Cost Schedule or submit a separate attachment.

c. Quoters may, at the discretion of the government, be asked to provide information for clarification purposes regarding their quote. Requests for clarification of information does not constitute discussions.

d. The quoters shall be held responsible for the validity of all information supplied in his/her quote, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the quote may be rejected and received no further consideration.

4. Quote Volume Requirements

a. Volume 1 – TECHNICAL – General Instructions: The technical volume should include necessary information regarding the offeror’s ability to perform all requirements outlined in the solicitation. Failure to provide a technical quote in accordance with the solicitation instructions may render a quote incomplete and ineligible for award.

Technical quotes shall not include price or pricing information.

1. The Contractor shall submit a narrative technical approach with your quote to be considered for award. Your technical narrative shall address whether you are subcontracting this effort or performing as the prime, how will you accomplish the requirements of the Performance Work Statement, technical capability/expertise, manpower, schedule, and resources available to provide these services.

· Contractor Personnel: The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS with five (5) years relevant experience. A copy of the plumbing license shall be submitted with the technical proposal. Failure to submit plumbing license with the technical proposal shall result a non-responsive technical proposal.

2. The Contractor shall submit with their quote a Quality Assurance Plan. At a minimum, the Quality Assurance Plan

Additionally, the information should be presented in a way that best highlights the quoter’s competitive advantage for the goods/services being requested and that the contractor has the capability to accomplish the work well within the timeframes established. To that end, the quoter’s technical proposal shall also include sufficient detail of supporting information that clearly and concisely substantiates the validity of stated claims/capabilities.

i. Quoter shall complete paragraph B.1 Contract Administration.

ii. Quoter shall complete attachment A Relevant Experience Form (Section D.1) (The Government will review the Relevant Experience of the Offeror, including subcontractors and Joint Ventures, on projects submitted in response to this solicitation. "Same or Similar" as referenced below, is defined as experience on projects that are the same or similar in size, scope, complexity, and dollar magnitude as the project described in the solicitation.

Offerors must meet all of the following standards to receive a "GO" or acceptable rating on this factor: Standard for Acceptability: This standard is met when the offeror can identify two or more projects meeting the criteria noted above.

iii. Quoter shall complete all requirements set forth in paragraph E.4

b. Volume 2 – PRICING: Quoters complete section B.2 Price/Cost Schedule

c. Past Performance: The contractor shall send the attached Past Performance Worksheet to each of their references listed under – Relevant Experience form. Offerors shall submit past or current contracts, to include public (Federal, State and local government) and private commercial sector. A minimum of two (2) with no more than three (3) references shall be accepted.

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Addendum to 52.212-1)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation on the basis of the Lowest Priced Technically Acceptable (LPTA) responsible offeror whose offer, conforming to the solicitation, meets or exceeds the acceptable standards for non-cost factors. All offerors must have a current registration in the System for Award Management to be considered responsive.

Since this solicitation is Lowest Price Technically Acceptable (LPTA), the evaluation board will begin by reviewing the lowest priced quote first and if it is acceptable no other quotes will be reviewed. If the board determines that this quote is technically acceptable, no other quotes will be reviewed. This quote will have been deemed technically acceptable with the lowest price, so for this reason the award will be made based on FAR guidance.

Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below may result in the Offeror being considered non-compliant and your quote may be removed from the evaluation process. In addition, the government intends to award without discussions.

The evaluation factors are as follows:

Factor 1-Technical Factor 2-Price Factor 3 - Past Performance:

Past Performance history will be considered for responsibility determination purposes only (FAR 9.104-1(c). Offerors’ past performance history will be evaluated by the government for the purpose of evaluating performance risk. A Past Performance questionnaire is attached to Section D of the Solicitation. It is each offeror’s responsibility to forward the questionnaire to any of its past or current customers. The Government will not evaluate completed questionnaires provided by the offeror. Only relevant services performed within three years of the Solicitation’s issuance date will receive evaluation credit. Relevance is defined as similar size, scope, and magnitude as the requirements specified in the Solicitation’s performance work statement. The Government’s past performance evaluation may extend beyond the received questionnaires to any other source of information made known to the government. Offerors with no relevant past performance history will not be evaluated favorably or unfavorably but will receive a ‘neutral.’

Deliverables: Must be submitted for contractor to be deemed compliant with solicitation

1. Technical:

1a. The Contractor shall submit a narrative technical approach with your quote to be considered for award. Your technical narrative shall address whether you are subcontracting this effort or performing as the prime, how will you accomplish the requirements of the Performance Work Statement, technical capability/expertise, manpower, schedule, and resources available to provide these services.

· Contractor Personnel: The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS with five (5) years relevant experience. A copy of the plumbing license shall be submitted with the technical proposal. Failure to submit plumbing license with the technical proposal shall result a non-responsive technical proposal.

1b. The Contractor shall submit with their quote a Quality Assurance Plan. At a minimum, the Quality Assurance Plan shall provide the following: the Contractor shall demonstrate techniques for maintaining quality control for workmanship, material, and work progress. The Contractor shall demonstrate techniques for work, and describe how the offeror will monitor performance

1c. The Contractor shall submit with their technical quote (attachment A) Relevant Experience Form (see section D.1)

· At least two (2) of the projects submitted must be the same or similar to this work requirement (e.g., maintenance and repair) described in this solicitation.

· At least one of the two projects submitted must be 100% complete., and Commercial Plumbing Licensing)

2. Past Performance Questionnaire(s) (to be submitted by individuals completing the questionnaire)

3. Completed Price/Cost Schedule (B.2)

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

E.5 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…