AG-9A14-S-13-0011_SF1449_Cont.pdf

SOLICITION #: AG-9A14-S-13-0011 Page 3 of25 PROJECT: San Bernardino National Forest Big Bear Janitorial Services

**SCHEDULE OF ITEMS**

SUPPLIES OR SERVICES AND PRICES

BIG BEAR STATION JANITORIAL SERVICES

SAN BERNARDINO NATIONAL FOREST

OFFERORS PLEASE NOTE: BEFORE PREPARING PROPOSAL, CAREFULLY READ THE CONTENTS OF THIS

REQUEST FOR QUOTE/SOLICITATION COMPLETELY.

Janitorial Service Mos. Fee / Mo Total $

Base Period: Aug. 01, 2013 - Sept. 30, 2013 2 $ __________ $ __________

Option Year I: Oct. 01, 2013 – Sept. 30, 2014 12 $ __________ $ __________

Option Year II: Oct. 01, 2014 – Sept. 30, 2015 12 $ __________ $ __________

Option Year III: Oct. 01, 2015 – Sept. 30, 2016 12 $ __________ $ __________

Option Year IV: Oct. 01, 2016 – Dec. 31, 2017 2 $ __________ $ __________

Carpet Cleaning Ea. Fee / Service Total $

Base Period: Aug. 01, 2013 - Sept. 30, 2013 1 $ __________ $ __________

Option Year I: Oct. 01, 2013 – Sept. 30, 2014 2 $ __________ $ __________

Option Year II: Oct. 01, 2014 – Sept. 30, 2015 2 $ __________ $ __________

Option Year III: Oct. 01, 2015 – Sept. 30, 2016 2 $ __________ $ __________

Option Year IV: Oct. 01, 2016 – Sep. 30, 2017 2 $ __________ $ __________

Window Cleaning Ea. Fee / Service Total $

Base Period: Aug. 01, 2013 - Sept. 30, 2013 1 $ __________ $ __________

Option Year I: Oct. 01, 2013 – Sept. 30, 2014 2 $ __________ $ __________

Option Year II: Oct. 01, 2014 – Sept. 30, 2015 2 $ __________ $ __________

Option Year III: Oct. 01, 2015 – Sept. 30, 2016 2 $ __________ $ __________

Option Year IV: Oct. 01, 2016 – Sep. 30, 2017 2 $ __________ $ __________

NOTE: Offerrors are required to submit technical, past performance and a price quote to Government Officials.

Prepared by: __________________________ DUNS#: ___________________________

Signature: _________________________ Fed Tax Id #: _________________________

Date: _____________________

Tel#: _____________________ Fax#: __________________ Email: ________________________

SOLICITION #: AG-9A14-S-13-0011 Page 4 of25

STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

PART I – GENERAL

1.01 Scope - The Contractor shall furnish all necessary labor, supervision, materials, equipment, cleaning and paper supplies to satisfactorily perform custodial services consisting of routine and periodic janitorial work for an office environment as described herein at the San Bernardino National Forest, Big Bear Ranger Station, located at 41374 Highway 38, Fawnskin, CA. 92333

1.02 Building Areas – The Government occupied space consist of approximately:

Main Building -- 2332 Square Foot. Total Usable Space (excluding storage rooms).

2087 -----S.F. Carpeted.

245------ S.F. Linoleum

Building 2013 -- 1440 Total Square Foot 1377---- S.F. Carpet 63----S.F. Linoleum

Building 2001 -- 1400 Total Square Foot 1377----S.F. Carpet 63---S.F. Linoleum

NOTE: The Government will not be responsible for any error or variation in the square footage listed above nor will Contractor, because of an error or variation in footage listed, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost the Government.

1.03 Submittals – Contractor shall submit to the COR for approval:

A. Work Schedule of work to be performed for both basic and periodic services.

B. List of materials and supplies.

C. Material Safety Data Sheets (MSDS) of all chemicals and supplies to be used for the performance of this contract.

1.04 Contractor's Responsibility -

A. Project Manager -The Contractor shall submit in writing to the COR, prior to start date of Contract, the name and qualifications of the person(s) designated to be the Project Manager. The Project Manager shall have full authority to act on behalf of the Contractor on all contract matters relating the daily operations, and performance of the work to meet contract standards. This individual shall be available to meet with the COR to discuss immediate problem areas and should be able to accept Work Orders and Notices of Non-compliance.

B. Employees -The contractor shall provide personnel in adequate numbers and with qualifications, training, certification, license, to perform all requirements of this Contract. Contractor employees shall not pose an actual or potential threat or risk to security of mission of the San Bernardino National Forest or to the health and safety of their workforce.

The Contractor shall be responsible for maintaining satisfactory standards of employees' safety, competency, conduct, appearance and integrity, and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Contractor employees shall comply with instructions pertaining to conduct, building, and security regulations issued by duly appointed officials, such as the Building Manger, contract inspector, and COR etc

All work under this contract shall be performed in a skillful and competent manner. The Contractor shall prohibit his employees from disturbing papers on the desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official Government use. This includes using or disturbing personal items in office areas, such as desk accessories, radios, plants and food. The Contracting Officer may in writing, require the Contractor to remove from

SOLICITION #: AG-9A14-S-13-0011 Page 5 of25 the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable, or for theft, possession and/or removal of materials, supplies, equipment or any Government owned/furnished property.

C. Lost and Found Property - The Contractor shall ensure that all items of personal or monetary value found by the Contractor's employees shall be turned in to the COR.

D. Protection of Facilities - The Contractor shall at all times exercise due diligence in the protection of the assigned facilities against damage or destruction by fire or other causes. Contractor shall maintain good housekeeping of area around the Government owned facility.

E. Circumstances to be Reported - Contactor shall assure that personnel report fires, hazardous conditions, and items in need of repair, i.e., flickering or non-operating lights, leaky faucets, toilet stoppage, damaged or unusual soiling of an area which may affect the performance of the work. This includes any unhealthful or hazardous conditions or any delay or interference with the work caused by Government employees. The Contractor shall make such reports immediately upon discovery to the COR.

1.05 Utilities - Electrical power, water, refuse service and sanitary facilities will be available for Contractor to use for the purpose of performing work under this contract.

1. Conservation of Utilities - The Contactor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions, which preclude the waste of utilities, which shall include:

a. Lights - Shall be used only in areas where and at times when work is actually being performed. Upon completion of services, lights shall be turned OFF.

b. Mechanical - The Contractor's employees shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning system.

c. Water - Water faucets or valves shall be turned OFF after required usage has been accomplished.

1.06 Government Furnished Items - Government furnished materials and equipment is to be used for the performance of this Contract Contractor is prohibited from removing Government furnished materials from site.

A. Dispensers - The Government will furnish adequate towel, soap, toilet paper and toilet seat cover dispensers.

The Government reserves the right to change type of dispensers and/or install additional dispensers deemed necessary to assure adequate supply in all areas under this Contract. Contactor shall fill above dispensers at no additional cost to the Government.

B. Refuse and Recycling Services - Refuse services will be provided by the Government under an existing contract. The Contractor shall utilize the dumpster-type refuse containers located in close proximity to the contractors work areas for disposing of refuse including boxes, etc. All paper shall be dispose of in containers marked "Recycling".

C. Janitor’s storage room – Storage room with utility sink will be made available to the Contractor. Janitor’s storage room furnished to the contractor may be used by the contractor during the term of the Contract, but shall be returned at the termination in the same condition as existed at the time of entering into this contract, reasonable wear and tear expected. Alteration of this area will not be allowed without written approval from the COR. All supplies and equipment shall be neatly orderly, and safely stored. Janitorial closet are included in cleaning services and will be inspected for performance by the COR.

1.07 Key /Badge Control – The Contractor shall establish and implement method of ensuring that all keys & badges issued to the Contactor by the Government are not lost or misplaced and are not used by unauthorized persons. No key issued to the Contractor by the Government shall be duplicated.

The Contractor shall report the occurrences of a lost or duplicated key immediately to the COR but no later than the next duty day.

1.08 Operational Hours – The work area will be available for Contract work between 5:30 PM and 10:30 PM, Monday through Friday, except for Federal Holidays. No vacuuming in work areas shall take place until after 5:30 PM.

SOLICITION #: AG-9A14-S-13-0011 Page 6 of25

1.09 Recognized Holidays – The Contractor is not required to provide services on the following days:

New Year’s Days January 1 Martin Luther King Jr., Birthday Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

PART II – SUPPLIES, MATERIALS, TOOLS AND EQUIPMENT

2.01 Supplies, Materials, Tools and Equipment - The Contractor shall furnish all supplies, materials, tools and equipment necessary to perform the custodial services specified herein unless other wise noted under Sec. 1.06 Government Furnished Items. A two-week supply of expendable items and an adequate supply of all others shall be available at all times.

2.02 Cleaning and Supplies – Provided by the Contractor and used for the performance of tasks under this contract shall:

A. Meet State and Federal Environmental Protection Agency (EPA) approval, and shall be kept in an orderly and safe manner in cabinets or shelves designated for that purpose.

B. Be identifiable at all times by preserving the original label or stencil as to the contents, and the manufacturer and/or brand on the bulk container or package.

2.03 Materials – Provided by the Contractor shall meet or exceed the quality of the items indicated by the following Federal Specification:

A. Trash Can Liners –Shall be polyethylene, 3 mil minimum.

B. Toilet Tissue – Fed. Spec., UU-P-556 C. Paper Hand Towel – Fed. Spec., UU-T-591 D. Liquid Soap – Fed. Spec., P-S-624 E. Urinal Deodorant – Fed. Spec., P-D-215, with rubber/plastic stopper

2.04 Tools and Equipment - Contractor shall furnish all specialized equipment and tools necessary for the performance of this contract. Equipment and tools shall have bumpers and guards to prevent marking or scratching of fixtures, furnishings, or building surfaces. Power-driven heavy-duty industrial type equipment shall be mechanically sound, safe to operate, and in a condition so as not to harm or excessively wear existing finishes. All electrical equipment used for the performance of this work shall meet OSHA safety requirements and shall be UL approved. Equipment not meeting these criteria shall be replaced with approved equipment upon request of the COR.

PART III – EXECUTION

3.01 Basic Cleaning Services –Basic Cleaning services consists of routine janitorial work as listed below and shall be performed in accordance with all the current Local Municipal, State and Federal Regulations. For frequency of specific tasks refer to APPENDIX I, “Custodial Service Frequency Chart”. For each task below and acceptance of work Contractor shall leave article or areas spotless, dry, and gleaming bright without stains, dirt, residue, streak or smears.

A. Cleaning Floors (Sweep, Vacuum, Mop) - All floor surfaces included in the contract shall receive cleaning and maintenance. Easily moved items weighing less than 40# and that may interfere with floor cleaning and maintenance maybe tipped or moved to gain access. After cleaning, all items shall be replaced to their original location.

1. Vacuum Floors (RS1) -Carpets shall be vacuumed by commercial, electric vacuum cleaner incorporating brushing or beating action. Carpet shall be vacuumed sufficiently and spot cleaned to leave a clean carpet, SOLICITION #: AG-9A14-S-13-0011 Page 7 of25 free of dirt, trash, litter, cobwebs, unspecified residue and stains, including the corners and edges, at the completion of each basic service. Contractor shall perform spot clean of carpet with a COR approved cleaning product. Spot cleaning shall be done to remove dirt, grease and other stains to maintain a uniform clean carpet. The Contractor shall perform spot cleaning of carpets on same day as observed.

2. Sweep Floors (RS2) – Floor surfaces shall be swept, and/or dust mopped so as to present a clean and orderly appearance with no loose dirt, including corners, edges and places inaccessible to the mop. Surface accumulation of hardened dirt that cannot be loosened by other means including washing, shall be scraped.

3. Mop Floors (RS3) -Floors shall be swept before mopping. There shall be no splash marks or mop streaks on furniture, walls baseboards, or mop strands remaining in the area. All restroom and lunch/break room floors shall be germicide mopped. Mop used for restroom floor shall be kept separate and shall never be used to mop other work areas.

B. Removal of Trash (RS4a) - All waste containers, shall be emptied and returned to their initial location. All waste containers will be lined with plastic bag. When ever the liner is torn or soiled, it shall be replaced as needed. Soiled waste containers shall be cleaned. Miscellaneous trash such as shipping boxes, supply wrappings, packing, and etc., may be too large to fit in to the waste baskets. They shall be placed near the waste cans and marked “TRASH” by the employees to alert the Contractor that it is designated for removal.

C. Recycle Removal (RS4b) -Designated waste containers marked "RECYCLING" shall be emptied and returned to their original location. Contractor shall place recycled material in appropriate containers at the dumpster site provided by the Government. Containers shall be emptied at frequencies shown on Appendix I or sooner if containers are full prior to the next scheduled time.

D. Clean Glass/Mirrors (RS5) – Includes all translucent portions of partitions, walls, interior and exterior doors, display cases, directory boards, draft shield on windows, mirrors and adjacent trim. After cleaning, there shall be no traces of film, dirt smudges, water, or other foreign matter. When this task is performed in Restroom & Lunch/Break room areas Contractor shall use disinfectant/germicide detergent.

E. Drinking Fountains (RS6) – Disinfect and polish metal surfaces including the orifices and drains. Drinking fountain cabinet’s sides and adjacent walls surfaces shall be wiped clean each service. Descaling of drinking fountains shall be done in accordance with Task RS10.

F. Clean & Disinfect Fixtures (RS7) – Water closets and seats, urinals receptacles, lavatories, janitors sinks, showers and all exposed plumbing and restroom accessories including chrome and metal surfaces shall be cleaned with a disinfectant & germicide detergent. Water closets and urinals shall be scrubbed clean as far into the trap as possible and under the inside rim. Urinal with water table below the bowl shall be supplied with a screen and a deodorant cake.

Work also includes the disinfecting and germicide detergent cleaning of kitchen sinks and all exposed plumbing of lunchrooms. To include, kitchen sinks, chrome and metal surfaces and lunchroom counter tops.

G. Restock Dispensers, Paper & Soap (RS8) – Restrooms shall be stocked with toilet paper, paper towels, and toilet seat covers, sanitary napkin bags, liquid soap and deodorizers. Additional toilet paper and paper towels shall be placed in the area to ensure an adequate supply is available for weekend use.

NOTE: The Contractor shall service the toilet rooms to maximum capacity during the afternoon of last day of the contract period. Dispenser stock of paper supplies and hand soap remaining at the termination of the last official day shall not be removed.

H. Spot Cleaning (RS9)– Remove smudges, fingerprints, marks, and streaks from washable surfaces of walls, partitions, interior and exterior full and partial glass doors, tables, system furniture, floors, trim woodwork furniture, waste receptacles, restroom accessories, hand rails stair rails, and fixtures. Germicidal detergent shall be used in restrooms, lunch/break rooms, and drinking fountains. Stainless steel hardware, aluminum bars, and other metal on doors or other fixtures shall be polished with a polishing compound.

3.02 Periodic Cleaning Services - Consist of non-routine tasks assignments scheduled for accomplishments, monthly quarterly, semi-annual, or annually and are listed as follows:

A. Descale Restrooms & Lunch/Break Rooms (RS10) – All porcelain, chrome and metal plumbing fixtures in restrooms and janitors rooms shall be cleaned and removed of hard water spots, scale, streaks, scum, urine deposits, SOLICITION #: AG-9A14-S-13-0011 Page 8 of25 mildew, excess moisture and rust stains. Work also includes descaling of drinking fountains, fixtures, and all porcelain, chrome and metal plumbing fixtures. Descaling of porcelain tile floors and walls in restrooms and shower rooms are included as part of this task.

B. Low Dusting (RS11) – After low dusting, all dust lint litter, and dry soil shall be removed from the horizontal surfaces of desk lamps, chairs, book shelves, stools, file cabinets, system furniture shelving, tops of system furniture walls panels, all types of art work and other types of office furniture and equipment. Low dusting includes horizontal ledges, window sills, hand rails, counter tops, all surface tops of vending machines, refrigerators, microwaves, etc., to a line of 78” above floor level

The contractor shall not dust, business machines, computer systems and components, personal computers (PC) systems, computer printers and plotters, and equipment of similar nature. Dusting shall be performed with type of cloth that shall retain dust, be anti-static, and shall not spread dust over the work areas.

C. High Dusting (RS12) - High dust shall remove all dust, cobwebs, lint, oils, and soil from all surfaces above the Low Dusting Criteria, 78 inches above floor by hand dusting or machine vacuuming. This includes windows, walls, light fixtures, ceilings and air & heating supply and air return grills.

D. Resilient Tile Floor Maintenance (RS13a) - All floors surfaced with a resilient tile shall be maintained with a 25%, or higher, concentrate of non-skid floor wax. For the purpose of identifying type of floor surface, the term "resilient tile" shall include resilient tile, vinyl asbestos tile, linoleum tile, and sheet vinyl. Concrete floor and texture concrete floors are not considered resilient tile floors.

Resilient tile floors shall be maintained clean with a glossy shine free of scuffmarks or dirt smears. Proper steps per manufacturer's instruction shall be taken to strip, refinish, spray-buff and wax floor surfaces. The waxed floors shall be non-skid with a glossy shine. Reflectance shall be uniform and no streaks or swirls shall be visible. No stripping solution or finish shall remain on baseboards, doors, or other non- floor surfaces. Spray-buff of floor surfaces is allowed provided that floor surfaces to receive this application have sufficient wax. On floor surfaces where wax has been worn off by wear, a coat of wax shall be applied prior to spray buffing.

Stripping of floor surfaces shall be done at frequent intervals, so as to prevent wax build up, yellowing, and staining of floor surface. Stripping shall also include the complete removal of all marks, scuffs, and stains, except in cases in which there is damage to the floor surface. Once floor is stripped and wax is reapplied, Contractor shall apply at least three (3) coats of 25% concentrate non-skid floor wax to all areas. Finish, which has been removed from its container, shall not be returned to the container. After the finish has dried, floors will be machine buffed. Reflectance shall be uniform and no streaks or swirls shall be visible. No stripping solution or finish shall be remaining on baseboards, doors, or other non-floor surfaces.

E. Reseal Texture Concrete & Porcelain Tile Floor (RS13b) - Contractor shall clean of grim and dirt all grout lines and porcelain tile floor. Strip and reseal floor with a manufacturer's approved sealer. Texture concrete floor shall be resealed as per manufacturer's instructions.

F. Clean Window Covering (RS14) - Clean Venetian blinds in place where installed with lukewarm water and all-purpose detergent solution, rinse with lukewarm water and wipe with a dry clean cloth.

G. Clean Interior & Exterior Windows/Glass (RS15) - Includes all translucent portions of partitions, windows, walls, interior and exterior doors. After cleaning, there shall be no traces of film, hard water stains, dirt smudges, water, or other foreign matter.

H. Shampoo Carpet (RS16) - Carpet shall be vacuumed to remove soil prior to shampooing. Spots of ink, oil and other stains shall be spot cleaned before shampoo service. Corners and areas under fixed equipment shall be shampooed with a hand brush. Shampooing method must vary to meet material requirements. After the entire carpet is shampooed, remove as much water as possible by use of a vacuum type extractor. Aluminum or plastic disks or stiff heavy paperboard shall be placed under all legs of furniture and other equipment until the carpet is dry to avoid stains from rust or dye. Wet shampooing shall be scheduled on the weekend so that carpet has at least 12 hours to thoroughly dry before being subject to traffic. The Contractor shall perform spot cleaning of carpets on same day as observed. After spot cleaning of carpet, stains that do not clean shall be brought to the attention of the COR to determine if Contractor needs to replace soiled carpet tile.

SOLICITION #: AG-9A14-S-13-0011 Page 9 of25

3.03 Custodial Service Signs - The Contractor shall furnish, and place portable signs in doorways of restrooms indicating to personnel that restroom is being serviced and cannot be used.

3.04 QUALITY ASSURANCE PLAN

The Contractor or Project Manager shall establish a quality control plan that will ensure performance of work is to standards meeting contract requirements. Random inspections performed by the COR or Inspector do not release Contractor from obligation under this contract to manage and establish a quality control plan.

The COR or Inspector will inspect all performance objectives on an unannounced random basis at least once a month to ensure Contractor compliance with the performance standards. If the COR/Inspector finds a task that does not meet the Performance Standard it will be written up and the Contractor's Representative will be notified of the need to correct defect and sign Non-Compliance Notification.

In addition to the COR/Inspector inspections, Comment Sheets will be made available for users of the building to provide input, both positive and negative.

Section E – LIST OF ATTACHMENTS

Appendix I – Custodial Service Frequency Chart

SCA Wage Determination

SOLICITION #: AG-9A14-S-13-0011 Page 10 of25

Instructions,Conditions, and Notices to Bidders

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Jun 2008)

The RFQ Due date (closing date) for proposals, is on or before 12:00 NN Pacific Time, July 19 th , 2013. Quotes may be submitted via e-mail to: Kathleen Carvajal at kcarvajal@fs.fed.us, Fax # 626-574-5363 or Mail.

DELIVERY OF QUOTATIONS. It is the responsibility of each offeror to ensure that its offer is received at the designated location at or before the closing time for the receipt of proposals in response to this RFQ. Any proposals received after the scheduled closing time will not be accepted or considered for a contract award.

Offerors are cautioned that in no event shall failure to familiarize themselves with the requirements of this solicitation or to resolve ambiguous or inconsistent terms or conditions of this solicitation or proposed contract constitute grounds for a claim of any kind after contract award.

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS:

The Offeror must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this solicitation including the Requirements Summary. If not noted in this section of your quote, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein.

Evaluation Factors for Award

FAR 52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

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

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

Technical and past performance, when combined, is equal when compared to price.

(End of Provision)

SUMISSION:

All Offerors are required submit past performance data from AT LEAST 3 BUT NOT MORE THAN 5 of their most recent past performance data from Federal, State and Local Government and private industry contracts from the past three (3) years. Failure to do so will result in offeror being disqualified.

Quotes must be accompanied by a simple technical representation representing your company and personnel performing the work.

Representations, Certifications, and Other Statements of Bidders

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2011)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--mailto:kcarvajal@fs.fed.us http://orca.bpn.gov/

SOLICITION #: AG-9A14-S-13-0011 Page 11 of25

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

“Forced or indentured child labor” means all work or service—

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

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

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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.

SOLICITION #: AG-9A14-S-13-0011 Page 12 of25

(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.

“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.

“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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation 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 (o) 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 on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to 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, for general statistical purposes, 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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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 prepresents that— http://orca.bpn.gov/

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(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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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.

(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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:

(11) 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)(11)(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

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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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – 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 Act—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 Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- 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, 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 Act--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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

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(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—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:

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

(2) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—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 Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other 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.

For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

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