Conformed_Copy_SF_1449.doc

Section SF 1449 - CONTINUATION SHEET

Storefront Services

FFP

Service Non-personal: Provide personnel to fulfill all services necessary to operate and maintain Contractor Operated Civil Engineering Supply Store (COCESS) identified in the Statement of Work (SOW). The Contractor shall include a price for this CLIN that accounts for all labor, purchasing actions, inventory stocking, accomplishing reports, and any other office administrative expenses necessary to perform Storefront Services in accordance with (IAW) the SOW.

FOB: Destination

SIGNAL CODE: A

NET AMT

Fixed Price Items

The contractor shall provide all requested firm fixed price materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.2. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

See Price Schedule in Exhibit A.

NET AMT

Non-Priced Items

The contractor shall provide all requested non-priced items to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.3. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

Offerors shall NOT submit a price for this CLIN. This CLIN shall not exceed 20% of the actual amount paid on CLIN 0001 & CLIN 0002 in resulting contract.

NET AMT

Standby Emergency Support

Service Non-personal: The Contractor shall include a price for this CLIN that accounts for all Standby Emergency Support (outside normal duty hours). The rate listed will cover the total crew rate per hour for support. Services are IAW SOW paragraphs 4.3.1 and 4.3.1.1.

NET AMT

FFP

Service Non-personal: Provide personnel to fulfill all services necessary to operate and maintain Contractor Operated Civil Engineering Supply Store (COCESS) identified in the Statement of Work (SOW). The Contractor shall include a price for this CLIN that accounts for all labor, purchasing actions, inventory stocking, accomplishing reports, and any other office administrative expenses necessary to perform Storefront Services in accordance with (IAW) the SOW.

NET AMT

FFP

The contractor shall provide all requested firm fixed price materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.2. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

See Price Schedule in Exhibit A.

NET AMT

FFP

The contractor shall provide all requested non-priced items to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.3. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

Offerors shall NOT submit a price for this CLIN. This CLIN shall not exceed 20% of the actual amount paid on CLIN 1001 & CLIN 1002 in resulting contract.

NET AMT

FFP

Service Non-personal: The Contractor shall include a price for this CLIN that accounts for all Standby Emergency Support (outside normal duty hours). The rate listed will cover the total crew rate per hour for support. Services are IAW SOW paragraphs 4.3.1 and 4.3.1.1.

NET AMT

FFP

Service Non-personal: Provide personnel to fulfill all services necessary to operate and maintain Contractor Operated Civil Engineering Supply Store (COCESS) identified in the Statement of Work (SOW). The Contractor shall include a price for this CLIN that accounts for all labor, purchasing actions, inventory stocking, accomplishing reports, and any other office administrative expenses necessary to perform Storefront Services in accordance with (IAW) the SOW.

NET AMT

FFP

The contractor shall provide all requested firm fixed price materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.2. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

See Price Schedule in Exhibit A.

NET AMT

FFP

The contractor shall provide all requested non-priced items to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.3. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

Offerors shall NOT submit a price for this CLIN. This CLIN shall not exceed 20% of the actual amount paid on CLIN 2001 & CLIN 2002 in resulting contract.

NET AMT

FFP

Service Non-personal: The Contractor shall include a price for this CLIN that accounts for all Standby Emergency Support (outside normal duty hours). The rate listed will cover the total crew rate per hour for support. Services are IAW SOW paragraphs 4.3.1 and 4.3.1.1.

NET AMT

FFP

Service Non-personal: Provide personnel to fulfill all services necessary to operate and maintain Contractor Operated Civil Engineering Supply Store (COCESS) identified in the Statement of Work (SOW). The Contractor shall include a price for this CLIN that accounts for all labor, purchasing actions, inventory stocking, accomplishing reports, and any other office administrative expenses necessary to perform Storefront Services in accordance with (IAW) the SOW.

NET AMT

FFP

The contractor shall provide all requested firm fixed price materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.2. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

See Price Schedule in Exhibit A.

NET AMT

FFP

The contractor shall provide all requested non-priced items to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.3. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

Offerors shall NOT submit a price for this CLIN. This CLIN shall not exceed 20% of the actual amount paid on CLIN 3001 & CLIN 3002 in resulting contract.

NET AMT

FFP

Service Non-personal: The Contractor shall include a price for this CLIN that accounts for all Standby Emergency Support (outside normal duty hours). The rate listed will cover the total crew rate per hour for support. Services are IAW SOW paragraphs 4.3.1 and 4.3.1.1.

NET AMT

FFP

Service Non-personal: Provide personnel to fulfill all services necessary to operate and maintain Contractor Operated Civil Engineering Supply Store (COCESS) identified in the Statement of Work (SOW). The Contractor shall include a price for this CLIN that accounts for all labor, purchasing actions, inventory stocking, accomplishing reports, and any other office administrative expenses necessary to perform Storefront Services in accordance with (IAW) the SOW.

NET AMT

FFP

The contractor shall provide all requested firm fixed price materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.2. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

See Price Schedule in Exhibit A.

NET AMT

FFP

The contractor shall provide all requested non-priced items to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.3. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

Offerors shall NOT submit a price for this CLIN. This CLIN shall not exceed 20% of the actual amount paid on CLIN 4001 & CLIN 4002 in resulting contract.

NET AMT

FFP

Service Non-personal: The Contractor shall include a price for this CLIN that accounts for all Standby Emergency Support (outside normal duty hours). The rate listed will cover the total crew rate per hour for support. Services are IAW SOW paragraphs 4.3.1 and 4.3.1.1.

NET AMT

FFP

Service Non-personal: Provide personnel to fulfill all services necessary to operate and maintain Contractor Operated Civil Engineering Supply Store (COCESS) identified in the Statement of Work (SOW). The Contractor shall include a price for this CLIN that accounts for all labor, purchasing actions, inventory stocking, accomplishing reports, and any other office administrative expenses necessary to perform Storefront Services in accordance with (IAW) the SOW.

NET AMT

FFP

The contractor shall provide all requested firm fixed price materials to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.2. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

See Price Schedule in Exhibit A.

NET AMT

FFP

The contractor shall provide all requested non-priced items to support a Contractor Operated Civil Engineer Supply Store (COCESS) located on Minot Air Force Base. The contractor shall acquire, issue, deliver, and store a variety of material, equipment, parts, and supplies for construction and repair in accordance with Statement of Work (SOW) paragraphs 1.3., 1.4.5.3. and 5.13. These items will be for use by authorized government employees. The contractor shall perform to the all standards in the contract, federal regulations; as well as, in accordance with the SOW.

Offerors shall NOT submit a price for this CLIN. This CLIN shall not exceed 20% of the actual amount paid on CLIN 5001 & CLIN 5002 in resulting contract.

NET AMT

FFP

Service Non-personal: The Contractor shall include a price for this CLIN that accounts for all Standby Emergency Support (outside normal duty hours). The rate listed will cover the total crew rate per hour for support. Services are IAW SOW paragraphs 4.3.1 and 4.3.1.1.

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$25,000.00

$9,500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$3,000.00

$3,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2016

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

30-SEP-2016

SCOTT PARISH

325 BOMBER BLVD

MAFB ND 58705

701-723-4741

F3C3LG

30-SEP-2016

F3C3LG

30-SEP-2016

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

30-SEP-2017

F3C3EC

30-SEP-2017

SCOTT PARISH

325 BOMBER BLVD

MAFB ND 58705

701-723-4741

F3C3LG

30-SEP-2017

F3C3LG

30-SEP-2017

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

30-SEP-2018

F3C3EC

30-SEP-2018

SCOTT PARISH

325 BOMBER BLVD

MAFB ND 58705

701-723-4741

F3C3LG

30-SEP-2018

F3C3LG

30-SEP-2018

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

30-SEP-2019

F3C3EC

30-SEP-2019

SCOTT PARISH

325 BOMBER BLVD

MAFB ND 58705

701-723-4741

F3C3LG

30-SEP-2019

F3C3LG

30-SEP-2019

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

30-SEP-2020

F3C3EC

30-SEP-2020

SCOTT PARISH

325 BOMBER BLVD

MAFB ND 58705

701-723-4741

F3C3LG

30-SEP-2020

F3C3LG

30-SEP-2020

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

31-JUL-2021

F3C3EC

31-JUL-2021

SCOTT PARISH

325 BOMBER BLVD

MAFB ND 58705

701-723-4741

F3C3LG

31-JUL-2021

F3C3LG

31-JUL-2021

SCOTT PARISH

521 BOMBER BLVD

MINOT AFB ND 58705

701-723-4741

F3C3EC

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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)

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:

See addendum for details.

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

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) 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 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.

(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 stock of which 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 its stock is owned by one or more women; or

(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 electronically on the SAM website.

(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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): 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 venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

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

Other Foreign End Products:

(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 (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) 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)(5)(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:

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