FA4484-16-T-0009_Waste_Water _and_Grease_Removal_Services_Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

Base Year 1 Oct 2016 - 30 Sep 2017

FFP

Wastewater, and Grease Removal Services. The contractor shall furnish all management, labor, equipment, tools, supplies, and material necessary for the emptying, cleaning, inspection, transporting, and offloading of contents from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

FOB: Destination

SIGNAL CODE: A

ESTIMATED

NET AMT

0001AA

Wastewater Services

Empty, clean, inspect, transport, and dispose of wastewater in accordance with performance work statement.

ESTIMATED

0001AB

Grease Trap Services

Empty, clean, inspect, transport, and dispose of grease traps in accordance with performance work statement paragraph 1.2.5

ESTIMATED

0001AC

Grey Water 1,000 Gallon Tank Services

Provide 1,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

0001AD

Grey Water 10,000 Gallon Tank Services

Provide 10,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

0001AE

Service Calls

Service Calls in accordance with performance work statement paragraph 1.3.

ESTIMATED

0001AF

Service Permanent Latrines

Cleaning of premanent latrines in accordance with performance work statement paragraph 1.1.6.

ESTIMATED

FFP

Wastewater, and Grease Removal Services. The contractor shall furnish all management, labor, equipment, tools, supplies, and material necessary for the emptying, cleaning, inspection, transporting, and offloading of contents from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

ESTIMATED

1001AA

FFP

Empty, clean, inspect, transport, and dispose of wastewater in accordance with performance work statement.

ESTIMATED

1001AB

FFP

Empty, clean, inspect, transport, and dispose of grease traps in accordance with performance work statement paragraph 1.2.5

ESTIMATED

1001AC

FFP

Provide 1,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

1001AD

FFP

Provide 10,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

1001AE

FFP

Service Calls in accordance with performance work statement paragraph 1.3.

ESTIMATED

1001AF

FFP

Cleaning of permanent latrines in accordance with performance work statement paragraph 1.1.6.

ESTIMATED

FFP

Wastewater, and Grease Removal Services. The contractor shall furnish all management, labor, equipment, tools, supplies, and material necessary for the emptying, cleaning, inspection, transporting, and offloading of contents from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

ESTIMATED

2001AA

FFP

Empty, clean, inspect, transport, and dispose of wastewater in accordance with performance work statement.

ESTIMATED

2001AB

FFP

Empty, clean, inspect, transport, and dispose of grease traps in accordance with performance work statement paragraph 1.2.5

ESTIMATED

2001AC

FFP

Provide 1,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

2001AD

FFP

Provide 10,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

2001AE

FFP

Service Calls in accordance with performance work statement paragraph 1.3.

ESTIMATED

2001AF

FFP

Cleaning of permanent latrines in accordance with performance work statement paragraph 1.1.6.

ESTIMATED

FFP

Wastewater, and Grease Removal Services. The contractor shall furnish all management, labor, equipment, tools, supplies, and material necessary for the emptying, cleaning, inspection, transporting, and offloading of contents from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

ESTIMATED

3001AA

FFP

Empty, clean, inspect, transport, and dispose of wastewater in accordance with performance work statement.

ESTIMATED

3001AB

FFP

Empty, clean, inspect, transport, and dispose of grease traps in accordance with performance work statement paragraph 1.2.5

ESTIMATED

3001AC

FFP

Provide 1,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

3001AD

FFP

Provide 10,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

3001AE

FFP

Service Calls in accordance with performance work statement paragraph 1.3.

ESTIMATED

3001AF

FFP

Cleaning of permanent latrines in accordance with performance work statement paragraph 1.1.6.

ESTIMATED

FFP

Wastewater, and Grease Removal Services. The contractor shall furnish all management, labor, equipment, tools, supplies, and material necessary for the emptying, cleaning, inspection, transporting, and offloading of contents from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

ESTIMATED

4001AA

FFP

Empty, clean, inspect, transport, and dispose of wastewater in accordance with performance work statement.

ESTIMATED

4001AB

FFP

Empty, clean, inspect, transport, and dispose of grease traps in accordance with performance work statement paragraph 1.2.5

ESTIMATED

4001AC

FFP

Provide 1,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

4001AD

FFP

Provide 10,000 gallon grey water tank to include setup and removal in accordance with performance work statement paragraph 1.2.4.

ESTIMATED

4001AE

FFP

Service Calls in accordance with performance work statement paragraph 1.3.

ESTIMATED

4001AF

FFP

Cleaning of permanent latrines in accordance with performance work statement paragraph 1.1.6.

ESTIMATED

SITE VISIT INFORMATION

SITE VISIT INFORMATION

A site visit for solicitation FA4484-16-T-0009 is scheduled for 12 May 2016 at 9:00 am EST. Interested vendors are asked to meet at 2402 Vandenberg Avenue, Joint Base Mcguire-Dix-Lakehurst, NJ no later than 8:50 am. Attendees are urged to arrive on time.

In order to gain access to the base the following information must be provided to James E. Kelly at james.kelly.13@us.af.mil NLT 09 May 2016:

a. Names of attendees;

b. Social Security Number;

c. Drivers License Number and state; and

d. Date of birth.

Please note that there will only be one site visit and offerors are authorized up to two attendees at the site visit. Please ensure you receive confirmation that your information has been received. If you do not receive confirmation please call Mr. Kelly at 609-754-2976

EXTERNAL DOCUMENTS

The following documents are provided externally to this solicitation:

Performance Work Statement Revision 7 date 14 Mar 2016 10 Pages

Past Performance Questionnaire and Cover Sheet 6 Pages

Security Forces Appendix 35 Pages

Ocean County Wage Determination No. 2005-2351 Rev 16 dated 29 Dec 15 10 Pages

Burlington County Wage Determination No. 2005-2449 Rev 17 dated 29 Dec 15 10 Pages

Antiterroism Guide dated July 2015 6 Pages

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2017

JOSEPH DONOFRIO

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

754-3578

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2017

F3A3Q5

30-SEP-2018

JOSEPH DONOFRIO

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

754-3578

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2018

F3A3Q5

30-SEP-2019

JOSEPH DONOFRIO

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

754-3578

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2019

F3A3Q5

30-SEP-2020

JOSEPH DONOFRIO

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

754-3578

F3A3Q5

30-SEP-2020

F3A3Q5

30-SEP-2020

F3A3Q5

30-SEP-2020

F3A3Q5

30-SEP-2020

F3A3Q5

30-SEP-2020

F3A3Q5

30-SEP-2021

JOSEPH DONOFRIO

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

754-3578

F3A3Q5

30-SEP-2021

F3A3Q5

30-SEP-2021

F3A3Q5

30-SEP-2021

F3A3Q5

30-SEP-2021

F3A3Q5

30-SEP-2021

F3A3Q5

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Addendum to 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.”

THIS SOLICITATION IS BEING ISSUED ELECTRONICALLY. ALL RESPONSES SHALL BE SUBMITTED IN ONE OF THE FOLLOWING METHODS: AS EMAIL TO james.kelly.13@us.af.mil, OR VIA FAX TO (609)754-4642 attention Mr. James Kelly. IF THIS IS NOT POSSIBLE, HAND CARRIED OR MAILED RESPONSES WILL BE ACCEPTABLE. LATE PROPOSALS WILL NOT BE CONSIDERED.

ALL REFERENCES TO SUBMISSION THAT FOLLOW (I.E. PAGE(S)) ARE TO BE CONSIDERED AS A PAGE OF E-MAIL. DOCUMENTS CONTAINED WITHIN THE SOLICITATION THAT REQUIRES COMPLETION AND SUBMISSION MAY BE SUBMITTED ELECTRONICALLY. THIS INCLUDES BUT IS NOT LIMITED TO AUTHORIZED SIGNATURES.

ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

1. PART I – PRICE PROPOSAL - Submit original and one (1) copy

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Insert proposed unit and extended prices in the Pricing Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for all option periods.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with the proposal.

2. PART II – TECHNICAL – Provide N.J.D.E.P. solid waste transporter current registration certificate, approved registration statement from the Division of Motor Vehicles, per N.J.A.C. 7:26-3.2(2009).

3. PART II – PAST PERFORMANCE INFORMATION - Only references from contracts whose performance is relevant to this solicitation are desired. Submit original and one (1) copy.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past five Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for a relevant type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Past Performance Questionnaires: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation by utilizing the responses to the past performance questionnaires. NOTE: Questionnaires must be submitted by the rater. Questionnaires will not be accepted when submitted by the offeror. Relevant past performance is defined as the performance of emptying, cleaning, inspection, transporting, and offloading of wastewater from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits, contractor provided holding tanks, and grease traps Recent past performance is defined as performing the relevant performance within the last five years.

The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

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

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

General Information

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals may be delivered during the hours 8:00 am through 4:00 pm Monday through Friday (except holidays) at 2402 Vandenberg Ave, Joint Base McGuire-Dix-Lakehurst, NJ 08641. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror.

Offerors are cautioned that Joint Base McGuire-Dix-Lakehurst NJ has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO 52.228-5

The contractor shall, at their own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

1.

The required workmen’s compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

2.

General liability insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability of at least $500,000 per occurrence and property damage liability of at least $20,000 per occurrence.

3.

Automobile liability coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per occurrence for property damage shall be required.

(End of clause addendum)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: TECHNICAL, PAST PERFORMANCE AND PRICE with technical more important than past performance and past performance more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2

BASIS FOR CONTRACT AWARD: This is a competitive best value source selection in which competing offerors' quotes will be evaluated on technical, past performance and price with technical being more important than past performance and past performing being more important than price. 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. All technically acceptable offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

1. The evaluation process shall proceed as follows:

a. Technical Acceptability. Initially, the government technical evaluation team shall evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. Submission shall be evaluated against the following: Offerors must provide documentation of N.J.D.E.P solid waste transporter with current registration certificate from the Division of Motor Vehicles, per N.J.A.C. 7:26-3.2(2009). Offerors who do not provide this documentation will be rated as unacceptable.

b. Price Evaluation. Next, the government shall rank all technically acceptable offers by price, including option prices. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s).

Offerors whose price(s) is/are unreasonable (in accordance with FAR 15.404 and FAR 31.201-3), unbalanced (in accordance with FAR 15.404-1), or unaffordable (not within any budgetary information included in the solicitation) may not be considered for award.

c. Performance Confidence Assessment. The contracting officer shall seek recent and relevant performance information on all offerors based on (1) questionnaires; (2) the past efforts provided by the offeror and (3) data independently obtained from other government i.e. Past Performance Information Retrieval System (PPIRS); Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS), or other databases; and interviews/questionnaires with Program Managers, Contracting Officers and Fee Determining Officials, the Defense Contract Management Agency (DCMA), and commercial sources and commercial sources. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance confidence assessment.

Recent and relevant past performance is defined as the performance of emptying, cleaning, inspection, transporting, and offloading of wastewater from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits, contractor provided holding tanks, and grease traps within the last five year.

The purpose of the past performance evaluation is to allow the government to assess the offeror’s probability of meeting the solicitation requirements based on the offeror’s demonstrated past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in DoD Source Selection Procedures, Table 5. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will not be rated as highly as past performance information for the principal offeror. Offerors with no recent/relevant performance history or if the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably (neutral).

2. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

3. If the lowest priced technically acceptable offer is judged to have a “Substantial Confidence” performance confidence assessment rating, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

4. If the lowest priced technically acceptable offeror is not judged to have a “Substantial Confidence” performance confidence assessment rating, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a “Substantial Confidence” performance assessment or until all offerors are evaluated. The Contracting Officer shall then make an integrated assessment best value award decision.

5. Offerors are cautioned to submit sufficient information and in the format specified. Offeror’s 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. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

6. If, during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs) and the Final Proposal Revision (FPR) will be considered in making the source selection decision. If the offeror’s proposal has been evaluated as acceptable at the time discussions are closed, any changes or exceptions in the Final Proposal Revision are subject to evaluation and may introduce risk that the offeror’s proposal be determined unacceptable and ineligible for award.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015) ALTERNATE I (OCT 2014)

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 (p) 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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“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 (p) 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 the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint…