ABL-23046 FACILITIES RFQ.docx

OMB Approval No. 9000-0009

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

Of Pages

1. REQUEST NO.

ABL-23046

2. DATE ISSUED

06/06/2023

3. REQUISITION/PURCHASE REQUEST NO.

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

HEATHER M MAHLE

HEATHER.MAHLE@NOAA.GOV

AREA CODE

NUMBER

789-6021

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

AFSC, AUKE BAY LABORATORIES, TSMRI FACILITY

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

17109 PT. LENA LOOP ROAD

c. STREET ADDRESS

c. CITY

JUNEAU

d. CITY

e. STATE

AK

e. ZIP CODE 99801

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE 12:00pm 06/21/2023 IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

FACILITY MAINTENANCE ASSISTANT PER THE ATTACHED STATEMENT OF WORK.

PERIOD OF PERFORMANCE: FROM DATE OF AWARD THROUGH DECEMBER 30, 2023

OPTION 1, ADDITIONAL HOURS THROUGH DECEMBER 30, 2024

OPTION 2, TRAVEL TO BE USED TO TRAVEL TO/FROM LPW IF AUTHORIZED.

GOVERNMENT RESERVES THE RIGHT TO AWARD FOR MORE OR LESS HOURS DEPENDING UPON NEED AND FUNDING.

AWARD WILL BE MADE BASED ON BEST VALUE.

HR

HR

JB

b. 20 CALENDAR DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

QUOTED BY:______________________________ DATE:______________________

COMPANY NAME:_________________________ EMAIL:______________________

PHONE:______________________________ SMALL BUSINESS: Yes No (Indicate One)

FAX:_________________________________ TAX ID NUMBER:__________________

ADDRESS:_____________________________ UNIQ ID: __________________________

_____________________________________ CAGE CODE: ______________

FEDERAL SUPPLY SCHEDULE (if Applicable):______ ____________________________

PSC Z1AA

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

561790 – Other Services to Building and Dwellings

23370 - General Maintenance Worker

Send Your Response to Heather Mahle at heather.mahle@noaa.gov & Reference Solicitation # (ABL#) in the Subject Line:

Award will only be issued to Vendors/Contractors who are active at www.sam.gov.

QUESTIONNAIRE

Knowledge and Skills Questionnaire

The following questions in addition to price will be used to evaluate potential vendors for this solicitation.

1. Do you have an Alaska Driver's License

a. Yes

a. No

0. Do you have an active SAM.Gov Account

a. Yes

b. No

0. This position may be offered for different numbers of hours per week. Which of the following hours per week schedules would you prefer?

a. 40 hours per week

b. 30-40 hours per week

c. 20 to 30 hours per week

d. Less than 20 hours per week

0. Please select from the following the tasks with which you have experience performing snow removal. (Select all that apply)

a. Snow plowing with a truck mounted plow

b. Snow plowing with an ATV or other 4 wheel equipment

c. Snow plowing with a skid steer or utility vehicle (Like the Bobcat Toolcat)

d. Operating a snow thrower (blower)

e. Shoveling snow

0. Which of the following best describes your level of experience with grounds keeping? (Select all that apply)

a. Trail maintenance

b. Lawn mowing

c. Fence Repair

d. Equipment Operation (Skid Steer)

0. What is your level of experience operating the following equipment on a scale of 0 to 5 with 0 being no experience, and 5 being that you are an experienced operator?

0. What is your level of experience for the following tasks on a scale of 0 to 5 with 0 being no experience, and 5 being that you have much experience

Fluorescent tubes, lights, switches, etc.

0. For an Automated Logic SE6166 control board a signal fault is represented by which of the following colors?

a. Red

b. Green

c. Blue

d. Yellow

STATEMENT OF WORK

Background

Auke Bay Laboratories has multiple facilities engaged to support research in Southeastern Alaska. The Auke Bay laboratory employs staff that conduct scientific studies throughout Alaska to determine the status of fish stocks, fish habitats and the chemistry of our marine ecosystems. These far-flung facilities are operated by the National Marine Fisheries Service. Contractor support is required for maintenance.

Objective To contract facility maintenance services to assist with to support higher graded maintenance workers or tradesmen in the performance of their work at the Auke Bay Laboratory Facilities.

There are 2 main locations that require this work: Lena Point and the Sub port dock and warehouse facility. Facility maintenance services will include support to perform routine maintenance and repair of grounds, structures, buildings, equipment and related utilities. They potentially respond to emergencies and perform unscheduled repairs. There are planned and critical facility repairs and maintenance of facilities that will require building maintenance skills and verifiable experience. The key personnel working under contract will maintain a work schedule as identified in the statement of work and agreed upon at time of award. The duties require work in an office environment as well as outdoors and in hazardous weather or difficult site conditions. The contractor should expect to make themselves available on off hours during emergencies. The primary duty station will be the ABL facilities in Juneau. Work may also involve travel to Little Port Walter, a remote field station on Baranof Island. Travel and lodging may be required. Contractor’s key personnel must be able to work alternative work schedules, holidays, and weekends to conduct all work necessary to address site-specific concerns or complete work during hours that such work will present minimal impact to staff and laboratory operations. The attached questionnaire will aid in determining the applicant qualifications.

Scope The contractor will be providing general and expressly skilled labor to assist the maintenance and science staff at the Auke Bay Laboratory.

Duties require varying skill levels of work performance to maintain and repair structures and equipment in interior and exterior building spaces and related utilities, and surrounding grounds at any Auke Bay facility. Task list will be given weekly. Similar work will also be performed at remote field stations. The work will employ the use of a variety of trade practices associated with blue-collar occupations such as carpentry, painting, and other related trades in support of facility and equipment maintenance.

The contractor’s key personnel will be required to have knowledge of facilities maintenance and equipment operation and repair in order to effectively perform the tasks. The contractor should be knowledgeable about the safe and proper use of a wide variety of tools and instruments necessary to accomplish the work in the trade disciplines noted.

In the course of the work, the contractor will operate a variety of wheeled equipment supplied by the Auke Bay Laboratories. This equipment may include: fork lifts, loader, excavator, skid loader, truck mounted snow plows with sanders, boats and small engine powered equipment. The contractor will also operate government fleet vehicles to include trucks and vans which are used to pick up supplies, transport materials and staff to and from work sites while conducting daily work.

Indoor and Outdoor duties will change seasonally and tasks could include, but not limited to, the following:

· Snow removal (snow plowing, snow blowing, shoveling, and sanding/salting of roads, walkways, docks, floats, and piers).

· Trails, grounds, lawn and landscape maintenance and repair.

· Recyclable consolidation and transfer

· Cleaning and painting tools and equipment

· Seawater filters cleaning and maintenance

· Routine “walk through” of facility buildings and grounds to insure all elements are functioning properly

· Air and water filter changes

· General Maintenance

Physical Demands:

Works from ladders, (scaffolds with other skilled maintenance workers) and platforms and where surfaces to be coated, or the parts of systems worked on are hard to reach that require incumbent to stand, stoop, bend, kneel, climb and work in tiring and uncomfortable positions. Frequently lifts, carries and sets up parts, equipment and materials that weigh 60 to 90 or more lbs

Work Environment:

Work is performed inside and outside where dirt, spray, dust and fumes are present. Also required to work in inclement weather and/or wear protective equipment and clothing that are sometimes heavy and uncomfortable.

Qualifications

Minimum Requirements

· Capability to meet the physical demands and work in the environment as described in the Scope.

· Retains valid driver’s license with a clean driving record.

· Complete questionnaire completed for Key Personnel.

Knowledge, Skills, and Abilities

Key Personnel must retain the following Knowledge, Skills, and Abilities:

Desirable

1. Vehicle Operation - Knowledge of procedures for operating motor vehicles, including cars and trucks and construction equipment

2. Self-Direction - Demonstrates belief in own abilities and ideas; is self-motivated and results-oriented; recognizes own strengths and weaknesses; seeks feedback from others and opportunities for self-learning and development; works with limited supervision.

3. Technical Ground Maintenance - Uses knowledge that is acquired through formal training or extensive on-the-job experience to perform one's job; works with, understands, and evaluates technical information related to the job; advises others on technical issues.

4. Maintenance of Tools and Equipment - Knowledge of machines and tools, including their design, installation, uses, repair and maintenance.

General Conditions

1. Licensing The contractor’s key personnel are to have a valid State of Alaska driver’s license.

0. Damage The Government will not be responsible in any way for damage occasioned by fire, theft, accidents or otherwise, to key personnel personal belongings brought onto the Government property.

0. Contractor Use of Government Vehicles The government does not "insure" its vehicles for use by anyone who simply has permission to use them. Only federal employees on official business will have protection under the Federal Tort Claims Act (FTCA) for liability purposes. The government is not liable for any civil injuries, or their remedies, of independent contractors.

The Contractor’s key personnel are authorized to use any government vehicle in the performance of authorized work as specified in the statement of work and within its period of performance. Use of any government vehicle for other than performance of Government work is strictly prohibited. Government vehicles and property will be covered in the event of an accident while performing official work. The Government, however, will not be responsible for the contractor. The key personnel are solely responsible for their own health, workmen’s compensation and unemployment insurance as well as applicable social security, local, state, and federal taxes. Key personnel should still maintain (and ready to present evidence of if requested) their own liability insurance.

If a government contractor has liability insurance, then key personnel can operate government vehicles while performing the contracted work so long as it is included in the contract/purchase order. This liability insurance should include insurance covering the operation of all motor vehicles used in connection with performing the contract. The contractor will be responsible for the actions of its employees and/or themselves, including the negligent operation of government vehicles. All contractors that are allowed to operate government vehicles must maintain and be ready to present evidence of the liability insurance if requested.

0. Performance of Work

a. The services shall be carried on in such a manner that there will be coordination between the Contractor and the Government POC.

b. The Contractor’s key personnel shall comply with all facility specific regulations while on the premises.

c. The Contractor’s key personnel shall comply with all federal regulations while working with the Government and when obtaining services on behalf of the government.

d. Hours of work will be as agreed upon during the post Award meeting.

0. Workmanship The work involved in this order must be performed safely, accurately, on a timely basis and must closely follow established protocols as provided.

0. Place and Period of Performance Primary Place of Work: Juneau, Alaska. The successful contractor will be working outdoors in winter weather conditions and should prepare and dress appropriately.

Period of Performance: The period of performance for this order will be from the Date of Award through December 31, 2023 with Options through December 31, 2023.

OPTIONS: There is no guarantee that the listed option(s) will be exercised; however, there is a reasonable likelihood that the option will be exercised in the future. When exercising an option below, the contracting officer shall provide written notice to the contractor prior to start date of service period specified below if time allows, otherwise a Bilateral Modification will be issued by the Contracting Officer that must be signed by Contractor to accept Option Terms. Options may be exercised if funds are available and if it is still the most advantageous method of fulfilling the Government’s need, price and other factors.

Government Furnished Resources

The Government will provide all necessary information, data and documents to the Contractor for work required under this contract.

The Contractor shall use Government furnished facilities, property, equipment and supplies only for the performance of work under this contract, and shall be responsible for returning all Government furnished facilities, property, and equipment in good working condition, subject to normal wear and tear.

The Government will not furnish any resources to the Contractor in support of this contract.

Place of Performance Work will be conducted at NOAA Fisheries Auke Bay Laboratories In cases of shutdown or furlough (or in other instances which cause the Government facility to be closed), contact the CO or COR for guidance.

Overtime, Travel, and Training Overtime is not anticipated or authorized at this time. If overtime is required, a contract modification must be executed by the Contracting Officer prior to performance.

Travel is expected and authorized under this award if the Option is funded by a Modification.

Training is authorized for NMFS/NOAA/DOC specific systems and requirements. Completion certificates must be submitted to the CO or COR no later than 3 business days after the start of the contract/task order or completion of courses after authorization. The following training is currently required to be completed under this order.

· NOAA IT security

· NOAA Safety training

· Sexual Assault/Sexual Harassment Prevention and Response Training IAW NAM 1330-52.222-70(b)(6) Additional commercial or non-task order specific training may be permitted under the following circumstances: 1) prior written approval is obtained from the COR, 2) there is no additional cost to the Government for attendance, 3) the time is not billed to the Government, and 4) there is no relief/change for deliverable due dates.

IT REQUIREMENTS

This order may require assignment of a permanent user account, access to DOC data or systems. This service will be performed on-site and there are no related IT requirements.

INVOICING

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms are “Net 30”.

5. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices are to be submitted to: abl.invoice@noaa.gov

Alternatively, it can be mailed to address shown on cover page of the Award.

AWARD CRITERIA

Contract will be awarded based on the Best Value for the Government, considering in descending order of importance:

1. Knowledge, Skills, and Abilities

2. Price

Document Key Personnel Knowledge, Skills, and Abilities in resume or statement of Capability and provide completed Questionnaire and supporting documentation. Previous Experience and Training to show the quality level of knowledge and skill necessary to perform the duties described herein is encouraged.

When combined, no-price factors are more important than price. Award will result to a price found fair and reasonable.

Submission of Quotes

A response to this Request for Quote by interested parties shall consist of the following:

SF-1182 & Questionnaire (page 1 - 3) Key Personnel Drivers License and Capabilities Other supporting documents to evaluate best value.

PROVISIONS

X

X

X

X

X

X

X

X

X

X

X

Full text, as indicated above, follows herein.

Full FAR clauses and provisions: https://www.acquisition.gov/content/federal-acquisition-regulation Full CAR and NAM clauses:

https://www.ecfr.gov/current/title-48/chapter-13/subchapter-H/part-1352 http://www.ago.noaa.gov/acquisition/AcqManual/09_part1330-52.html#1330-52.237-71%20NOAA%20Government-Contractor%20Relations%20%E2%80%93%20Non-Personal%20Services

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

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

(i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance. Technical and past performance, when combined, are as important as price.

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— 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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

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

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

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

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

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

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

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

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

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

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order11246-

(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 http://uscode.house.gov/ 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)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(4) 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)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The…