AG-84M8-S-17-0006.docx

Solicitation: AG-84M8-S-17-0006 AVGAS and Jet Fuel Trucks for Region 4

REGION 4 ACQUISITION MANAGEMENT INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION 4 ACQUISITION MANAGEMENT

324 E 25TH ST

OGDEN, UT 84414

FAX (801) 625-5365

SOLICITATION NO. AG-84M8-S-17-0006

OFFERS ARE SOLICITED FOR: AVGAS AND JET FUEL TRUCKS

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION:

Offeror shall complete the following:

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE IF SUBMITTING YOUR PROPOSAL/QUOTE BY MAIL

IT IS REQUIRED THAT ALL CONTRACTORS BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE (WWW.SAM.GOV) PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPPS.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

7. FOR SOLICITATION

INFORMATION CALL:

801.625-5169

April 26th @ 3:00 p.m. Mountain Time

9. ISSUED BY:

CODE

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

USFS - Region 4 Acquisition Management ATTN: Shawn Atkinson 324 E 25th St Salt Lake City, UT 84119

UNRESTRICTED

SET AIDE: 100% FOR

SMALL BUSINESS

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

X RFQ IFB RFP

See Schedule of Items

TELEPHONE NO.

DUNS#

FAX NO.

TIN#

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

****See Attached Schedule of Items***** Schedule of Items for Base Year and Four Options Years will need to be filled out and submitted in response to this RFQ 100 % Small Business Set Aside NAICS: 484220, Size Standard: $25.5

(Attach Additional Sheets as Necessary)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 and 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED. YOUR OFFER ONSOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO

THE CONTRACT, EXCEPT AS NOTED

PARTIAL FINAL

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

Prescribed by GSA – FAR (48 CFR) 53.212

1. SCHEDULE OF ITEMS

SCHEDULE

AVGAS and Jet Fuel Trucks for Region 4

0001 - BASE YEAR – June 1, 2017 thru May 31, 2018

ITEM 1 – AVGAS FUEL TRUCK WITH OPERATOR

ITEM 2 – JET FUEL TRUCK WITH OPERATOR

0002 - OPTION YEAR #1 – June 1, 2018 thru May 31, 2019

ITEM 1 – AVGAS FUEL TRUCK WITH OPERATOR

ITEM 2 – JET FUEL TRUCK WITH OPERATOR

0003 - OPTION YEAR #2 – June 1, 2019 thru May 31, 2020

ITEM 1 – AVGAS FUEL TRUCK WITH OPERATOR

ITEM 2 – JET FUEL TRUCK WITH OPERATOR

0004 - OPTION YEAR #3 – June 1, 2020 thru May 31, 2021

ITEM 1 – AVGAS FUEL TRUCK WITH OPERATOR

ITEM 2 – JET FUEL TRUCK WITH OPERATOR

0005 - OPTION YEAR #4 – June 1, 2021 thru May 31, 2022

ITEM 1 – AVGAS FUEL TRUCK WITH OPERATOR

ITEM 2 – JET FUEL TRUCK WITH OPERATOR

PROJECT LOCATION

Hill Airtanker Base (ATB), located on Hill Air Force Base (HAFB), Utah

INSPECTION OF WORKSITE

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government. A Site Visit is not planned for this project.

START DATE and CONTRACT TIME The start date for the option year is anticipated to be June 1, 2017. The date for Notice to Proceed will be negotiated between the contractor and CO.

Availability is required June 1 through October 31 each year. In the event of high fire activity (or other situations deemed necessary by the agency), the availability period may be extended as necessary.

MINIMUM GUARANTEE

In accordance with FAR 16.504, the Government guarantees ordering at least $20,000 in services (call outs) during the life of this contract. This amount establishes the minimum guarantee.

The following chart is the number of callouts from previous years and is for informational purposes only.

*break-outs for fuel type were not recorded before 2012

(End of Section

2. PERFORMANCE WORK STATEMENT

Performance Work Statement - Fuel Truck

2.1. Scope of Work and Location

The purpose of this contract is to provide call when needed fuel trucks to Hill Airtanker Base (ATB), located on Hill Air Force Base (HAFB), Utah. The trucks provide fuel to various Airtankers for firefighting missions. The contractor also must be available to provide bulk oil and other products to the aircraft as needed. The fuel, bulk oil, and other products are purchased by the Airtanker vendors. The government will pay for the call out of the trucks.

2.2. Products and Fuel Trucks

The fuel trucks and tanks must be Department of Transportation (DOT) approved to be driven on federal, state, or county roads. The fuel truck and tank must also be carded through the Forest Service and be registered at HAFB. If the fuel truck is left unattended at HAFB, the key must be left in the ignition, and the contractor agrees to allow HAFB or ATB personnel to relocate the fuel truck. The fuel and other products should not exceed local market price.

Minimum AVGAS Fuel Truck Specifications

Jet Fuel Truck

Over the Wing- 60 GPM

Other Products

Turbine Oils

Pumped into the airtanker at 5 gpm

2.3 Operators

Each fuel truck must have an operator with the necessary Commercial Drivers License (CDL) with tanker and hazmat endorsement to operate the fuel truck. The operators will be required to attend a 1 (one) day flight line drivers course and acquire a Flight Line Drivers License. The operators will also be required to obtain a HAFB contractor ID and HAFB Controlled Area Card. A background investigation is necessary and any costs will be the contractor responsibility. The Airtanker Base Manager will assist in the licensing process, IDs, and Cards once the contract is awarded. Meals and drinks may be provided to the operators at the Governments discretion due to high fire activity.

2.4 Availability/Response/Operations

The fuel trucks and operators must be available to respond to the ATB between the hours of 0600 to 2200, from June 1 through October 31. When a call-out occurs, the fuel truck and operator must respond to the ATB within 30 minutes. After the call-out, the contractor will be available to deliver fuel and petroleum products to the aircraft until the end of the day. There is no guarantee of the quantity of fuel or petroleum product that will be required to be delivered to the aircraft.

2.5 Fuel Spills/Damage

The contractor shall be liable for the cost of cleanup of all fuel and of petroleum product spills and any damage caused from vehicles or operators.

2.6 Payments

The contractor shall be able to take credit cards as well as DLA Aircards from Forest Service Pilots and Contractors/aircrews for all of the cost of fuel and petroleum products. The call-out rate, which covers the vehicles and operators for the days ordered by the Forest Service, shall be billed to

Per the Forest Service DLA AIR Card Guide:

“PRIORITIZATION of FUEL RESOURCES Forest Service pilots and contractors will seek and purchase fuel from resources in the following order:

1.Directly from the military 2.DLA contract fuel vendor 3.A fuel vendor that is not a DLA contract but will accept the AIR Card as payment”

2.7 Work Standards

The contractor shall exercise care in ensuring that call outs are met within the 30 minute time requirement, that fuel trucks are supplied with ample fuel and petroleum products to supply aircraft, and to prevent spillage of any fuels or petroleum based products. All work under this contract shall be performed in a skillful manner. The Contracting Officer may, in writing require the contactor to remove from work any employee the Contracting Officer deems incompetent, careless or otherwise objectionable for misuse or damage to Government property, or for unsatisfactory performance. The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

3. DELIVERABLES

a. The fuel trucks and operators must be available to respond to the ATB between the hours of 0600 to 2200, from June 1 through October 31. Call outs may be requested outside these dates.

b. When a call-out occurs, the fuel truck and operator must respond to the ATB within 30 minutes.

c. After the call-out, the contractor will be available to deliver fuel and petroleum products to the aircraft until the end of the day.

d. Fuel and petroleum product spills will be cleaned up in accordance to all environmental guidelines.

2.8 MEASUREMENT AND PAYMENT

Payment shall be made on a monthly basis at the unit bid price per month in accordance with all call-outs accomplished during each just-completed service period (month).

2.9 INSPECTION AND ACCEPTANCE

Services performed under this contract shall be subject to inspection and acceptance by the Government. The Contracting Officer will furnish the Contractor with written notice of any item not meeting contract requirements. If deficiency is not corrected within 24 hours, the contractor may be considered in default of the contract. Regardless of inspections by the Government, the Contractor is responsible for self-inspection and maintaining work to the standards required in the specifications.

3.0 PERMITS AND RESPONSIBLITIES

The Contractor shall be responsible for all damaged to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others during the performance of the work. After each call-out the Contractor shall inspect the area for fire hazards and fuel and petroleum product spills.

The Contractor shall be responsible for obtaining any permits (for equipment, products or personnel) that may be required to accomplish the duties of this service contract.

3.1 USE OF PREMISES

The Contractor shall comply with the regulations governing the operation of Hill Air Force Base, and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business. Only the Contractor or the Contractor’s designated representative will be permitted on Hill Air Force Base during the performance of services for this contract.

3.2 PERFORMANCE OBJECTIVES AND THRESHOLDS

a. Availability to Respond The fuel trucks and operators must be available to respond to the ATB between the hours of 0600 to 2200, from June 1 through October 31. Trucks must be stocked with adequate fuels and petroleum products to supply Aircraft. Any delays due to restocking of trucks or supplies shall be kept to an absolute minimum.

Performance Threshold – Not to exceed 1 (one) customer complaint per month.

b. Response Time of 30 Minutes When a call-out occurs, the fuel truck and operator must respond to the ATB within 30 minutes.

Performance Threshold – Not to exceed 1 (one) customer complaints per month.

c. Delivery of Fuel and Petroleum Products After the call-out, the contractor shall be available to deliver fuel and petroleum products to the aircraft until the end of the day.

Performance Threshold – Not to exceed 1 (one) customer complaints per month.

d. Spill Cleanup Fuel and petroleum product spills will be cleaned up in accordance to all environmental guidelines.

Performance Threshold – Not to exceed 1 (one) customer complaints per month.

3.3 QUALITY CONTROL

The Contractor shall develop and maintain a quality control program to ensure AVGAS services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing call out time requirements, product availability and spill containment procedures and a copy of these quality control procedures shall be furnished to the Contracting Officer within 5 days of starting work.

QUALITY ASSURANCE SURVEILLANCE PLAN FOR

AVGAS FUEL TRUCK

INTRODUCTION

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate Contractor actions while implementing this Performance Work Statement (POW). It is designed to provide an effective surveillance method of monitoring contractor performance for each objective listed on the Performance Objectives. The QASP provides a systematic method to evaluate the services the contractor is required to furnish. This QASP is based on the premise the Government desires to maintain a quality standard in providing AVGAS Fuels for agency contracted planes and that a service contract to provide that service is the best means of achieving that objective.

The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government with respect quality assurance is to ensure contract standards are achieved for the purpose of authorizing payments. In this contract, the quality control program is the driver for product quality. The Contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the Contractor to success. Once the quality control program is approved, careful application of the process and standards presented in the Service Delivery Summary will ensure a robust quality program.

SURVEILLANCE

The Contracting Officer’s Representative (COR) will receive complaints from Forest Service personnel/contractors and pass them to the Contractor’s Quality Control Inspector (QCI) for correction. Complaints will be recorded on the Daily Diary.

STANDARD

The contractor shall perform all work required by the task in a satisfactory manner in accordance with the appropriate SOW paragraph. The COR shall not consider the task complete until all deficiencies have been corrected.

PROCEDURES

The COR will ensure all work tasks once a month. The inspection is required to ensure Contractor compliance with the appropriate paragraphs of the Performance Work Statement (PWS) each time the service(s) is performed and record results of inspection, noting the date and time of inspection. If any inspection indicates unacceptable performance, the COR will notify the contract manager or QCI of the deficiencies. The Contractor shall be given 24 hours after notification to correct the unacceptable performance.

(End of Section)

4. EVALUATION

FAR 52.212-2 Evaluation - Commercial Items. (OCT 2014)

(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:

Technical

Experience in similar work. Give the names of key personnel to be assigned to this contract and describe their experience in performing similar work.

Work Plan. Describe your plan to efficiently accomplish the work. Address equipment to be utilized to meet the performance requirements.

Past Performance.

Provide a list of all similar contracts awarded to your firm in the past three years.

Include the name and phone number of the Contracting Officer or equivalent for each. The Government may also obtain past performance information from other than the sources identified by the offeror. Information obtained from the Past Performance Information Retrieval System (PPIRS) database located at http://www.ppirs.gov is one of the sources that may be utilized. PPIRS functions as the central warehouse for performance assessment reports received from several federal performance information collection systems and is sponsored by the DOD E-Business Office and administered by the Naval Sea Logistics Center Detachment Portsmouth.

Price. Prices submitted in the Schedule of Items will be evaluated for reasonableness

Technical and past performance, when combined, are approximately equal to price in importance.

(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)

5. OFFEROR REPRESENTATION AND CERTIFICATIONS

The following representation and certifications must be completed as a part of the quote. The terms bid or bidders or offer or offeror as they appear in the following shall be construed to mean quote or quoter as appropriate.

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 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.

“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.

“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.

(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.

(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.)

(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

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