AG-1681-S-17-0008.pdf

Combined Synopsis/Solicitation

Solicitation Number: AG-1681-S-17-0008 Property Line and Corner Maintenance on the Finger Lakes National Forest

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as an RFQ. The documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.

This procurement is set aside for small business. The NAICS code is __115310________ and the Small Business Size Standard is ___$7.5M___.

Schedule of Items:

SCHEDULE OF ITEMS

ITEM EST. UNIT

NO. DESCRIPTION QTY. PRICE AMOUNT

BASE YEAR (2017-2018)

1. Property Corner Maintenance 15 Each $______ $______

2. Property Line Maintenance 4 Mile $______ $______

FIRST OPTION YEAR (2018-2019)

1. Property Corner Maintenance 45 Each $______ $______

2. Property Line Maintenance 12 Mile $______ $______

SECOND OPTION YEAR (2019-2020)

THIRD OPTION YEAR (2020-2021)

FOURTH OPTION YEAR (2021-2022)

GENERAL NOTE: The Contractor (or crew leader) must have successfully completed a two year curriculum in forestry or surveying. In lieu of education, at least three years of technical experience in forestry or surveying may be substituted. Contractor must submit a resume with quote.

Description of Requirement:

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1- GENERAL SPECIFICATIONS

C-1.1 - Scope of Contract - The scope of this contract is to accurately maintain property boundary lines and/or property corners on the Finger Lakes National Forest. The contractor shall provide all supervision, labor, tools, equipment, materials and incidentals necessary to perform the work, except those Government-furnished materials described in Division 130.

C-1.2 - Location and Description - The project area is the Finger Lakes National Forest in the State of New York and consists of pastures and hilly woodlands, sometimes with dense vegetation (shrubs, vines, thorny plants). Access to some work locations is limited. The areas to be maintained are existing property lines that were surveyed and marked to standard ten or more years ago. Quality of previous surveys and their records may vary considerably from very good to poor, depending on the age since the original survey.

C-1.21 - Project Description - The work is maintaining Forest Service (FS) property boundary lines and corners and consists of:

Property Line Maintenance:

A. Clearing out brush and debris along FS property lines and near property signs so that they may be easily seen.

B. Maintaining property signs and sign posts.

C. Repainting Forest Service blazes along the property line.

Property Corner Maintenance:

A. Clearing brush and debris around the property corner and bearing trees.

B. Repainting and remeasuring Forest Service bearing trees and other reference objects.

C. Recording work done and monument information for each corner.

C-1.22 - Accessibility - The project areas may be reached by Forest, State, County and Town roads that border the project areas and are accessible by standard automobile or pickup truck during normal operation season. The Forest Service assumes no obligation to perform special maintenance to keep roads open.

The Contractor is permitted to travel any roads behind locked gates that the Forest Service itself uses for administration purposes. For various reasons a few roads on the Forest are closed to administrative use and therefore the contractor would also be restricted from use. The Contractor would coordinate all clearances for closed roads with the District Ranger in the project area concerned. Contractors’ padlocks may be added to Forest Service locks to allow access on administrative roads. The Contractor will coordinate use of his/her padlocks with the Contracting Officer’s Representative.

When crossing private land the Contractor should ask permission from the private land owner and explain to them the work that he/she is doing for the Forest Service.

C-2 TECHNICAL SPECIFICATIONS

C-2.1A - Procedures and Standards for Property Line Maintenance

C-2.1A1 - Clearing Lines - Brush and debris within 3 feet of each side of the true property line, and obscuring blazes, signs, corner monuments and bearing trees shall be cleared or limbed. Debris should be piled on the FS side of the property line. Limbs shall be cut off flush with the trunk. On the private side of the property line, brush and trees should only be pruned. Do not cut anything near a private building.

When doing the above work, care must be taken to preserve the old blazes. Old blazes will not be re-marked with the ax, nor will hacks be added, nor will new blazes be made.

C-2.1A2 - Painting Old Blazes - Paint shall be thoroughly mixed, but should NOT be thinned. Forest Service blazes shall be repainted with a brush using the red paint furnished. Typically, Forest Service blazes established by authorized personnel are distinguished from unauthorized blazes by single hack marks above and below the government blaze. Paint the new bark formed since the blaze was made plus an additional 4” around the same but do not paint the hack marks. (An exception to this rule is for hack marks on bearing trees established by authorized personnel. See Section C-2.14 below.) Do not make new blazes or open up old blazes. Do not paint hacks or wounds caused by pruning the trees along the line. In addition to the Forest Service blazes made at the time of the survey (10+ years earlier) there may be other blazes along the line. Only those blazes within 3 feet of each side of the true property line will be repainted. Do not paint blazes which are not correct (further than 3 feet from the true property line) or which have not been established by authorized personnel. Only paint blazes on dead trees if there are not sufficient live blazed trees to identify the property line. If a blazed line previously established by authorized personnel appears to be substantially in error, or if a corner monument appears to have been moved, cease maintenance procedures within said affected area and notify the COR immediately of the problem.

NOTE: Certain lines or sections of lines may have been blazed and left unpainted, or not blazed at all.

These lines are generally within sight of private buildings. These must be cleared but will not be repainted.

C-2.1A3 - Sign Post Maintenance - Maintain signs and sign posts as needed. Indicate work done on the back of the Property Boundary Maintenance Record card. If necessary, firm up (drive in) any previously established fiberglass line posts which appear to be otherwise accurately positioned and undisturbed. Do not reset posts that have been disturbed. Do not set additional posts.

C-2.1B - Procedures and Standards for Property Corner Maintenance

C-2.1B1 – Property Corner Maintenance - If there is a sign post, add a monument sign if needed. If there is no sign post add a new 6 foot orange fiberglass post with a survey monument sign decal. Clear brush from around the monument. Rock mounds should be rebuilt, if needed, but do not paint. If monument is not stable note this on the maintenance card. Bearing trees should be repainted as follows: repaint ring around the bearing tree above blaze, repaint single hack above and the two below face blaze and repaint face and butt blazes. If bearing tree is dead note this on the maintenance card, but still maintain the bearing tree to standard. Note whether the scribe marks are visible, and if so, if they are bark scribed. If bearing tree tags are missing from the bearing trees they should be added. Add new aluminum nails to existing tags if more than half of either nail is imbedded in the tree. New nails shall be driven to a point just into the cambium layer. Note the general location and direction of any road, fence, wall, trail, waterway, power line, or any other natural or manmade feature within 100 feet of the corner which would facilitate the future location of the same. Note diameter and height of any stone collar or mound erected about the monument along with the general aspect at the corner point (Example: “Found BCIP projecting 7” above top of supporting 3’ diameter x 18” high mound of stone with fiberglass post & ‘LSM 130’ sticker driven 1 foot SE side of monument. Corner falls on steep N40W slope, due west of C/L woods road running N15E and S35W.”).

C-2.1B2 - Boundary Maintenance Record Form - A completed Property Boundary Maintenance card (GM 7100-2 – (See attachment)) will be used to record the work as done in the field. With the top side of card oriented to true north, record what is stamped on the monument within the circular diagram on the card. Also note the bearing (oriented to true north) and horizontal distance from monument to bearing trees. Describe tree species and diameter at breast height (4.5 feet above ground). Distances to Bearing Trees shall be measured to an aluminum nail driven just into the cambium layer at base-side-center that represents the equivalent of a measurement to the center of the 1 foot high stump for the same tree. Said side-center nail placement is critical in that it will facilitate an accurate recovery of the original corner position even if only the rotting mass of said stump(s) can be found by future surveyors.

C-2.1B4 - Public Contacts - The Contractor is responsible for the conduct of his/her employees. They must maintain a courteous attitude toward users of the National Forest and abutting landowners when performing these services. All contacts with property owners will be documented on the back of the Property Boundary Maintenance record card. If the owner or his /her representatives express any adverse comments, the Contractor will notify the Contracting Officer Representative immediately. All encroachments or suspected encroachments will also be immediately reported. Typical encroachments include: outhouses, wood sheds, timber cutting, springs or spring lines, survey pins, maple tapping lines, ATV trails, etc. These and other items should be noted on the reverse side of the maintenance record card.

C-2.1B5 - Additional Information - The Contractor will be required to have a discussion with the Contracting Officer's Representative or a designated inspector after completing each property boundary maintenance task order. The discussions will pertain to property line conditions and potential encroachments observed by the Contractor.

Some examples of information requested by the government, as soon as possible after discovery, are:

difficulty in finding line, corners, or bearing trees; potential encroachments; type(s) of encroachment;

officially established substandard line, damaged or missing corner monuments, etc. See Section C- 2.1B4 above. A work map of the Tract, along with the maintenance record card (corner card) will help in identifying these kinds of problems.

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Work Item Performance Standard

Assessment Method

Acceptable Quality Level

Compliance Level/ Price Reductions

Clearing Lines In accordance with specification C-

2.1A1

Visual inspection by FS of at least 10% of clearing work. Conditions on this section will be assumed to be representative of the entire project.

All lines cleared to 3 feet on either side, debris piled on FS side, trees trimmed appropriately, and old blazes protected.

95% compliance – work is accepted.

Less than 95% compliance – rework is completed at no additional cost to the government. If re-work cannot be accomplished, Property Line

Maintenance line item payment will be reduced by the % of unacceptable work.

Painting Old Blazes

In accordance with specification C-

2.1A2

Visual inspection by FS of at least 10% of painting work. Conditions on this section will be assumed to be representative of the entire project.

All official old blazes repainted within 3 feet of property line. No hack marks painted. No painting in sight of private buildings.

95% or more compliance, work is accepted.

completed at no additional cost to the government. If re-work cannot be accomplished, Property Line Maintenance line item payment will be reduced by the % of unacceptable work.

Sign Post

Maintenance In accordance with specification C- 2.1A3

Visual inspection by FS of at least 10% of sign post work. Conditions

All loose posts that appear accurately

100% compliance – work is accepted.

on this section will be assumed to be representative of the entire project.

positioned have been firmed up.

Less than 100% compliance – rework is completed at no additional cost to the government.

Property Corner Maintenance

In accordance with specification

C2.1B1

Visual inspection by FS of at least 10% of corner maintenance work.

Conditions on this section will be assumed to be representative of the entire project.

All needed monument signs and posts are added. Rock mounds are rebuilt as necessary.

Bearing trees repainted.

Bearing tree tags and nails added as required.

Measurements to bearing trees are accurate.

Less than 100% completed at no additional cost to the government.

Boundary Maintenance

Forms

In accordance with specification C-

2.1B2

Visual inspection by the FS of 100% of information on maintenance card as compared with on the ground work.

Cards are completed neatly and accurately.

95% compliance – work is accepted.

completed at no additional cost to the government.

Public Contacts In accordance with specification C-

2.1B4

At least 10% visual inspection by the FS for potential encroachments.

Complaints from land owners/forest users on contractor behavior.

All potential encroachments are documented.

All contacts with public are documented and/or reported.

compliance – 1% deducted from task order price for each missed encroachment and/or for each valid complaint.

Forest Service

Discussion In accordance with specification C- 2.1B5

Participation in end of project discussion with FS representatives

All pertinent issues are discussed during this meeting.

100% compliance – work will be accepted and payment invoice can be submitted.

compliance – work will not be accepted until after this discussion takes place.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

ITEM QUANTITY

1. Listing of lines needing maintenance As required

2. A survey map of the Tract If available

3. A copy of the topo map for the area As Required

4. Land Corner cards (Form GM-7100-5) As Required

5. Boundary Maintenance Record form 1-2 cards/corner (GM 7100-2)

6. Red property line paint 1 gallon/0.6 mile

7. Bearing tree tags As required

8. Boundary signs As required

9. Aluminum nails As Required

10. Monument signs As Required

11. Fiberglass Sign Posts As Required

The contractor may pick up and return the Government-furnished property between 8:00 a.m. and 4:30 p.m., Monday through Friday except federal holidays, at the Forest Headquarters at 231 North Main Street, Rutland, VT 05701 or the Hector Ranger Station at 5218 State Route 414, Hector, NY 14841, as coordinated between the contractor and the COR. The contractor shall be liable for all loss and damage of such furnished Government property until completion and final acceptance of work required under this contract.

AG-1681-S-17-0008

Excess supplies are to be returned to the Government.

LIST OF ATTACHMENTS

• Blazing Exhibit

• BT Marking Diagram

• Sample Corner Card

• Common Abbreviations

• Wage Determination

Delivery Details/Period of Performance:

- The resulting contract will consist of a base year and four one-year option periods.

- The period of performance for actual work to be accomplished will be determined for each individual task order. Contractors should be capable of working concurrent task orders.

COMMERCIAL FAR CLAUSES AND PROVISIONS:

The following Federal Acquisition Regulation (FAR) clauses and provisions, the Department of Agriculture Acquisition Regulation (AGAR) clauses and provisions, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

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/

(End of Provision)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

(End of Clause) http://www.acquisition.gov/far/

52.212-1 Instructions to Offerors – Commercial Items (JAN 2017)

52.212-2 Evaluation – Commercial Items (OCT 2014) (FAR Provision)

(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:

Price Past Performance (Quality of work, reliability, timeliness, etc.)

Past Experience on Similar Projects (Experience on projects of similar size, type, and scope as work described in this requirement)

Technical factors when combined are equal to 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.

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) website 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 was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions 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 https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces

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—

(6) 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

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

http://uscode.house.gov/

“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”.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

“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— http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“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.

“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, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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(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 (t) 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.

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(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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitation; and

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

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

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(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:

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Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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