RFP_for_Release.docx

FA2823-16-R-4021

Section SF 1449 - CONTINUATION SHEET

Sand pine removal TSI

FFP

Timber Stand Improvement (TSI) Sand Pine Removal Services IAW Performance Work Statement (PWS) dated 6 May 2016 FOB: Destination

SIGNAL CODE: A

NET AMT

FFP

Timber Stand Improvement (TSI) Sand Pine Removal Services IAW Performance Work Statement (PWS) dated 6 May 2016

NET AMT

FFP

Timber Stand Improvement (TSI) Sand Pine Removal Services IAW Performance Work Statement (PWS) dated 6 May 2016 FOB: Destination

PURCHASE REQUEST NUMBER: F1TEBY5258AG01

NET AMT

FFP

Timber Stand Improvement (TSI) Sand Pine Removal Services IAW Performance Work Statement (PWS) dated 6 May 2016

NET AMT

FFP

Timber Stand Improvement (TSI) Sand Pine Removal Services IAW Performance Work Statement (PWS) dated 6 May 2016

NET AMT

FFP

Six-month Option to Extend Services pursuant to FAR 52.217-8 For Timber Stand Improvement (TSI) Sand Pine Removal Services IAW Performance Work Statement (PWS) dated 6 May 2016 **The Government may require continued performance of any services within the limits and at the rates specified in the contract. This option may be exercised up to six months at the end of any performance period (base or option periods), with each month representing 1,333.33 Acres, only at the established rate of that performance period. This Option CLIN will include the rate established under CLIN 4001 for evaluation purposes only.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2017

VI WALKER

107 HIGHWAY 85 N BLDG 1523

CEVS

EGLIN AFB FL 32578

883-1169

F1TEBY

31-JUL-2018

F1TEBY

31-JUL-2019

F1TEBY

31-JUL-2020

F1TEBY

31-JUL-2021

22-FEB-2022

VI WALKER

107 HIGHWAY 85 N BLDG 1523

CEVS

EGLIN AFB FL 32578

883-1169

F1TEBY

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE INTO ANY RESULTANT CONTRACT.

Relationship between 52.212-1, Instructions and Evaluation – Commercial Items

Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to Offerors – Commercial Items and FAR 52.212-2 Evaluation – Commercial Items. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive. FAR 52.212-2 describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors. PROPOSALS THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY THIS PROVISION RISK ELIMINATION.

OFFEROR PREPARATION INSTRUCTIONS

1. GENERAL

1. Electronic Reference Documents. All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.

1. Who Can Participate? Offers may only be submitted by Small Business firms who have certified its business size under the North American Industry Classification System Code (NAICS) of 115310 at the time of initial offer and at time of award. In order to submit an offer on a contract, each business concern in a teaming agreement must be a small business under the designated NAICS size standard, and must also be considered a small business when combined in the aggregate of all teaming affiliates.

1. System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows:

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to the date and time established for receipt of offers, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

1. Adherence to Instructions: The offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including but not limited to the terms and conditions, representations and certifications, pricing, and past performance requirements. Failure to meet a requirement may render an offer being determined non-responsive and result in the offer being ineligible for award.

1. Period of Acceptance of offers: Paragraph 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of Offers.”

1. Questions/Inquiries: The contracting officer listed below is the Government’s sole point of contact for this acquisition. All questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email to the following email addresses no later than 12:00 pm CSTon 18 July 2016. The decision whether to respond to questions and requests for clarification made after 12:00 pm CSTon 18 July 2016 will be at the sole discretion of the Contracting Officer. Questions received timely and subsequent answers will be posted to www.fbo.gov as an Amendment to the solicitation. Offerors are responsible for monitoring www.fbo.gov for updates. If no questions are submitted, the Government will assume that the offeror fully understands all requirements of the solicitation. Emails must be received by:

1. Contracting Officer: Ms. Carrie Eastburn, carrie.eastburn@us.af.mil and Contract Specialist: TSgt J.R. Mullis, james.mullis.3@us.af.mil.

1. Site Visit: A site visit will be scheduled, if requested prior to receipt of questions (see above paragraph 6). If applicable, responses to questions asked during the site visit as well as a list of all attendees at the site visit will be posted to the Federal Business Opportunities (FedBizOpps) website at http://www.fbo.gov as an Amendment to the solicitation. Note: Base passes will not be required due to range location (not on Eglin Main).

1. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful offers.

1. Offeror Preparation Instructions– General Information: This section of the instructions to offerors prescribes the format of the offer. Offerors shall submit a clear and complete offer, and include only information that is relevant to this acquisition. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offer. Offeror’s are reminded that FAILURE TO SUBMIT AN OFFER IN THE FORMAT PRESCRIBED MAY RENDER AN OFFER NON-RESPONSIVE AND RESULT IN BEING INELIGIBLE FOR AWARD.

1. Offer Submission/Delivery. Electronic Submissions are required and shall be received via email by TSgt James Mullis, james.mullis.3@us.af.mil, Contracting Specialist and Carrie Eastburn, carrie.eastburn@us.af.mil, Contracting Officer not later than 12:00 pm CST on 27 July 2016.

1. Offer Format: All files submitted in response to this solicitation shall be submitted as a Microsoft Word (.doc) or Adobe PDF (.pdf) file. Electronic Submission is required.

1. Email Format: The subject line of all emails that comprise the offer shall be formatted as follows: Subject: FA2823-16-R-4021/Company Name/Email X of X (insert number of the email and total number of emails).

0. File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email.

0. File Naming. Individual file names shall be named

1. Vol 1_Company Name_General_Price_FA2823-16-R-4021_File X of X

1. Vol 2_Company Name_Past Performance Information_FA2823-16-R-4021__File X of X

1. Page Numbering. Pages in each volume must be numbered sequentially and consecutively. The cover page, table of contents, list(s) of tables and drawings, and blank pages are excluded from the page limitation.

1. Page Limitations. The files will be checked to determine the number of pages and compliance with offer instructions. Those pages in excess of the limit will be removed from the back of the volumes and returned by the Procuring Contracting Officer (PCO) to ensure they are not evaluated. The Government will not keep any pages in excess of the limit.

1. Page Definition. A page shall be an 8 ½ x 11” sheet of paper. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily legible. Fold-outs will be counted as the appropriate number of pages based on an 8 ½ X 11” sheet of paper. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The offeror shall number each page in order to eliminate any confusion. In the event the offeror creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages. Include: RFQ number, Volume title and page number in the margin on the upper right of all pages. Company name and proprietary information notices must be placed on top and/or bottom margins.

1. Font Size/Spacing. Offer text font type shall be limited to Times New Roman (with no “narrow” font versions acceptable) equal or larger than 12 point font size with proportional spacing permitted. Graphics, photos, charts, and tables shall be no smaller than 8-point with proportional spacing permitted. Single spacing may be used for figures and tables. Use single column formatting only; multi-column formatting is not allowed. Graphics are allowed in either color or black & white with an 8-point minimum on embedded text except where data is only being used as a sample and readability is not intended. Offers shall not be supplemented by a package or supplemented by reference documents. Elaborate formats, bindings or color presentations are not desired or required.

1. Specific Instructions. Offers shall consist of two separate documents as follows:

1. Volume I –General/Price. This Volume shall consist of the following:

0. SF 1449 Solicitation Face Page. Complete blocks 12, 17a, and 30a, b, and c of the SF1449. An authorized official of the firm must sign and date the SF 1449 in Block 30 a-c. Submission of the signed SF1449 and the documentation specified below constitutes the offeror’s acceptance of the contract terms and conditions as written in the SOLICITATION with attachments. The solicitation requires firm-fixed prices for the individual contract line items.

0. Representations/Certifications. Completion of the necessary fill-ins, representations and certifications as set forth in the solicitation.

0. Remittance Address. Remittance Address, if different from offeror’s address.

0. Cover Page. Informational cover page shall clearly identify the offering firm’s point of contact, name, title, address, phone number, and E-mail address.

0. Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the proposal closing time. Such amendments will be communicated and posted in Federal Business Opportunities website (www.FBO.gov). If such amendments require material changes in quantities or prices, the proposal closing date may be postponed by enough days to enable offerors to revise their offers. In such cases, the amendment will include an announcement of the new closing date and time. Offerors MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the Offer.

0. Price. Offerors shall provide its unit prices for each Contract Line Item Number (CLIN) contained in the SF 1449 – CONTINUATION SHEET, pages 3-5. Offeror’s price shall include all management, personnel, tools, supplies, equipment, transportation, material, facilities, and services required to perform the services required in the Performance Work Statement (PWS), dated 6 May 2016.

5. Option CLIN 5001 is established for evaluation purposes only. For CLIN 5001, the offeror shall include the same rate as offered for CLIN 4001. This option may be exercised up to six months at the end of any performance period (base or option periods), with each month representing a unit of Acres and a quantity of 1,333.33, only at the established rates of that performance period. Evaluation of options shall not obligate the Government to exercise the option(s).

0. Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

0. Exceptions to Terms and Conditions: Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying rationale. Offerors are cautioned that it is not the Government’s intent to incorporate the offeror’s proposal in the resulting award.

0. Page limitation. There are no page limitations for Volume I – General/Price.

1. Volume II – Past Performance Information:

0. The offeror shall submit a maximum of three (3) total references. Offerors shall provide recent and relevant past performance information on completed or current contracts (including Federal, State, local government and private) to demonstrate their ability to perform the proposed work as identified within the Performance Work Statement (PWS). For the purpose of this solicitation, recency is defined as performance occurring within the last three (3) years from the period of the solicitation release date. For the purpose of this solicitation, relevancy is defined as performance of tree care and removal operational services to include off of the ground performance.

Note: References in excess of three (3) will not be read or evaluated and will be removed from the offer.

0. Past performance may be submitted for predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is recent and relevant to this acquisition. Past Performance Information obtained will be used both for the responsibility determination and the best value determination.

0. Offerors with no recent and relevant past or present performance history shall indicate this via written statement.

0. Page limitation, each past performance reference/narrative shall not exceed two pages (for a total of six pages for the three requested references). For each provided past performance reference, the offeror shall provide a narrative to explain what aspects of each reference are deemed recent and relevant. Additionally, each reference/narrative shall include:

1. Name of project (Contract number, if applicable);

1. Name and address of customer or Government agency;

1. Name, telephone, fax number and/or email of customer contact or contracting officer;

1. Dollar value;

1. Period of performance/Completion date;

1. Brief description of work performed, and why the effort is relevant;

1. Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

BASIS FOR AWARD / EVALUATION OF OFFERS

1. BASIS FOR AWARD

0. This acquisition is being conducted using Simplified Acquisition Procedures under the authority of FAR 13.5 – Simplified Acquisitions for Certain Commercial Items. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation provides the Best Value to the Government, price and other factors considered. The following factors will be used to evaluate offers:

PRICE

PAST PERFORMANCE

0. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale as detailed above in instructions to offerors, Volume I –General/Price.

0. 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, whether or not there are negotiations after its receipt, unless the offeror submits a written notice of withdrawal before award.

0. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make an award based on initial offers received, without discussion of such offers.

1. Evaluation.

0. Volume I – Price Proposal/Contract Documents

1. Price: Price will be evaluated for reasonableness in accordance with FAR 13.106-3. Price will not be assigned an adjectival rating; however, proposed prices evaluated as unreasonably high may be grounds for eliminating a proposal from a competitive range. Price will be evaluated to determine if the offeror’s proposed price is fair and reasonable utilizing price analysis techniques in accordance with the guidelines in FAR 15.404-1(b). OPTIONS: The Government will evaluate offers for award purposes by adding the total price of all CLINs. Evaluation of options will not obligate the Government to exercise the option(s).

2. For Option CLIN 5001, the Government will evaluate its option to extend services (FAR Clause 52.217-8) for six months of the offeror's final option period rate of CLIN 4001. The Government may require continued performance of any services within the limits and at the rates specified in the contract. The Government may exercise up to six months at the end of any performance period using only the established rate for that period of performance (base or option periods) with each month representing 1,333.33 Acres. Evaluation of option(s) does not obligate the Government to exercise the option(s).

3. The Government reserves the right to obtain additional information concerning the price as necessary to obtain a better understanding of the price proposed. No proposal revisions will be allowed under these conditions. Request for such information is for clarification purposes only. This does not constitute and shall not be construed as discussions. If a minor clerical error has occurred, in which case the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or the Contracting Officer in his/her sole discretion later determines discussions to be necessary or appropriate.

4. Failure to submit a price for all CLINs in the price schedule will render the offer ineligible for award.

0. Volume II – Past Performance

1. The Government will evaluate past performance information to determine the offerors ability to successfully complete the services required based on demonstrated past and present experience that meet the requirements of Recent and Relevant.

2. Past Performance: Past performance will be evaluated in accordance with FAR 13.106-2. The contracting officer will seek recent and relevant performance information on all offerors based on (1) the references provided by the offeror and (2) data independently obtained from other sources available to the Government. For the purpose of this solicitation, recent performance includes present/past performance of efforts within the last three (3) years from the period of the solicitation release date.

3. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror will be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” will be considered “acceptable.”

4. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

5. The Government reserves the right to obtain past performance information from other sources available to the Government to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.

6. The Government may evaluate information on problems identified and encountered on previous contracts and corrective actions taken by the offeror. The Government may use information previously obtained from past performance questionnaires or data independently obtained from other Government and commercial sources in the evaluation process.

7. The Government will evaluate the offerors ability to successfully complete projects based on demonstrated past and present experience that meet the requirements of Recent and Relevant.

Past Performance Evaluation Process and Ratings.

8. Recency/Relevancy. The Government will initially evaluate the offeror’s past performance information to determine if the efforts are recent and relevant or not relevant to the services required according to the following:

1. RECENCY for the purpose of this solicitation is defined as contracts performed within three (3) years of the issue month of the solicitation. Past performance information that fails this condition will not be evaluated.

1. RELEVANCY for the purpose of this solicitation is defined as contracts with scope involving tree removal operations to include performance off of the ground and work elements described in the attached PWS. The following RELEVANCY ratings, apply:

Table 1. Relevancy Rating Method

PAST PERFORMANCE RELEVANCY RATINGS

9. Performance Quality Ratings. Next, the Government will consider the performance quality of the recent and relevant efforts (how well the contractor performed) to determine the likelihood that the offeror will successfully perform the work required in the solicitation/PWS. For each recent and relevant past performance citation reviewed, the Government will assess the performance quality of the work performed according to the following:

Table 2. Past Performance Acceptable/Unacceptable Rating Method

In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

1. Evaluation Process.

2. Initially all offers will be screened to ensure the offer conforms to the solicitation requirements to determine responsiveness. Next, all offeror’s prices will be ranked in order of total evaluated price (to include option pricing) from lowest to highest price. The responsive, lowest price offer will be evaluated to determine price fair and reasonable. The responsive, lowest price reasonable offer will then be evaluated for acceptable past performance. If the responsive, lowest priced reasonable offer is determined to have acceptable past performance, then that offer will be assessed for responsibility.

2. Contractor Responsibility. Once the apparent successful offeror is selected the Government will evaluate the offeror’s financial capabilities and the specified criteria at FAR 9.104. In the case of a Teaming Agreement, the financial capabilities of both teaming partners will be evaluated, with the Prime Contractor’s financial capability carrying significantly more weight than the subcontractor’s. Attachment G, Financial Reference Worksheet will be forwarded to the financial institution and a determination will be made regarding the apparent successful offerors financial capabilities and overall contractor responsibility using the specified criteria at FAR 9.104.

2. If the responsive, lowest priced reasonable offer with acceptable past performance is determined responsible; that offer represents the best value for the Government and the evaluation process stops at that point. Award will be made to that offeror without further consideration of any other offers. If the responsive, lowest priced reasonable offeror is determined to have unacceptable past performance or determined non-responsible; the next responsive, lowest priced offer will be evaluated. This process will continue in order by price until an offer is determined reasonable with acceptable past performance; and responsible.

52.212-3 Alternate I (Oct 2014). Offeror Representations and Certifications -- Commercial Items.

Offeror Representations and Certifications -- Commercial Items (Apr 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision-- “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.

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM 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 (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is 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 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 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.

(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…