AG04KKS170003_UpdatedBiddersPacket.docx

AG-04KK-S-17-0003 Malheur National Forest Fuels Reduction and Slash Treatment IDIQ Bidder’s Packet Page 2 of 45

SECTION B - Services and Schedule of Items

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL

TOTAL ALL ITEMS

The above pricing will be used for evaluation and for award of initial task orders (see note below regarding item 8, 9, 12, 14, and 15). Contractors are not required to provide pricing on all Items; however, for those Items that a Contractor intends to provide pricing for, the Contractor shall provide pricing for all of that Item’s sub-items. For example, if a Contractor provides pricing on Item 10, the Contractor shall provide pricing for all sub-items (10.a, 10.1b, 10.2a, 10.2b, 10.3a, 10.3b, 10.4a, and 10.4b). The Government intends to make multiple awards as a result of this solicitation. Items may be split up for purposes of initial task order awards.

**The following applies to Items 8, 9, 12, 14, and 15. “Notice to Offeror(s)/Supplier(s): Funds are not presently available for Items 9, 9, 12, 14, and 15. No award will be made under this solicitation for these five items until funds are available. The Government reserves the right to cancel these items, either before or after the solicitation’s closing date. In the event the Government cancels these items under this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.”

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000, but not in excess of $9,999,999.99.

NOTE: The total aggregate maximum amount for the entire solicitation, regardless of how many awards are made shall not exceed $9,999,999.99.

Multiple Award Indefinite Delivery Indefinite Quantity The Government intends to award a number of contracts as a result of this solicitation. The actual number of awards will be dependent on offers received and the best value analysis process, but the intent is to have a sufficient number of awardees to provide a pool for competition of task orders.

A task order will be placed with each Contractor at time of award. Initial individual task orders could be in any amount up to the maximum ordering limitation, but in any case, will meet or exceed the minimum guarantee.

After initial award, task orders will be competed among the awarded contractors, throughout the life of the contract, in accordance with the “Task Order Issuance and Fair Opportunity” clause in the contract. Contractors are not bound to compete for these task orders.

If Contractor is awarded multiple task orders, work shall be completed concurrently unless otherwise specified in a task order or otherwise mutually agreed upon.

IF THIS ORDER IS GREATER THAN $2,500.00, IT IS

NOT VALID UNTIL SIGNED BY THE CONTRACTING OFFICER

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Malheur National Forest PO Box 909 John Day, OR 97845

Item No.

Subitem No.

Description

Order

Unit Unit Price

Amount

(Thin)

Ac.

(Grapple Pile)

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

COR: Cameron Cornell

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Original to CO, CC to Contractor and COR

CONTRACTOR SIGNATURE: ______________________

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

CONTRACTOR SIGNATURE: _______________________

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contractor Signature: _________________________

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contractor Signature: _____________________________

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contractor Signature: _____________________

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contractor Signature: ______________________________

Contract No.

County:Harney and Grant Counties

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

Sage #20

Sage #20

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contractor Signature: ___________________

Contract No.

County:Harney

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature) District Ranger Christy A. Cheyne Line Officer:

Ordered By: (Name and Signature)

Contracting Officer:

Contractor Signature: ________________________

Contract No.

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

Summit Reed Restoration PCT and HP

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

COR Angela Yost

Fund Authorization: (Name and Signature)

Line Officer

Ordered By: (Name and Signature)

Contracting Officer

Contract No.

Contractor:

Issuing and Billing Office:

Item

Subitem No.

Description

Order

Unit Unit Price

Amount

**Acres will be paid according to schedule of items (unit acreage on the ground will be larger than indicated on the schedule because acres to be left untreated have been deducted from the total unit acreage)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature)

Line Officer

Ordered By: (Name and Signature)

Contracting Officer

Contractor Signature: _______________________

Contract No.

Contractor:

Issuing and Billing Office:

PO Box 909 John Day, OR 97845

Item No.

Subitem No.

Description

Order

Unit Unit Price

Amount

Sulphur Cr. PCT and HP

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

COR Angela Yost

Fund Authorization: (Name and Signature)

Line Officer

Ordered By: (Name and Signature)

Contracting Officer

Contract No.

Contractor:

Issuing and Billing Office:

PO Box 909 John Day, OR 97845

Item No.

Subitem No.

Description

Order

Unit Unit Price

Amount

Elk 16 Thin and Treat

**All acres will be paid (including acres left as wildlife patches, etc.)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

COR Shaniko Cowie

Fund Authorization: (Name and Signature)

Line Officer

Ordered By: (Name and Signature)

Contracting Officer

Contract No.

Contractor:

Issuing and Billing Office:

PO Box 909 John Day, OR 97845

Item No.

Subitem No.

Description

Order

Unit Unit Price

Amount

**Acres will be paid according to schedule of items (unit acreage on the ground will be larger than indicated on the schedule because acres to be left untreated have been deducted from the total unit acreage)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature)

Ordered By: (Name and Signature)

Contracting Officer

Contract No.

Contractor:

Issuing and Billing Office:

PO Box 909 John Day, OR 97845

Item No.

Subitem No.

Description

Order

Unit Unit Price

Amount

**Acres will be paid according to schedule of items (unit acreage on the ground will be larger than indicated on the schedule because acres to be left untreated have been deducted from the total unit acreage)

Contractor: (Name and Signature)

Requested By: (Name and Signature)

Fund Authorization: (Name and Signature)

Ordered By: (Name and Signature)

Contracting Officer

SECTION K - Representations, Certifications, and Other Statements of Offerors K-1 FAR 52.204-8 Annual Representations and Certifications. (JAN 2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 115310.

(2) The small business size standard is $19.0 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

___ (i) Paragraph (d) applies.

___ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). 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 on SAM.

K-2 FAR 52.209-7 Information Regarding Responsibility Matters. (JUL 2013)

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

K-3 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. 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- Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Civil judgment means-

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

DOL Guidance means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces'". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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.

Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-

(1) Department of Labor Wage and Hour Division (WHD) for-

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for-

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for-

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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).

Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

Labor laws means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".

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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.