FA4621-19-Q-A008.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

Digitally signed by ATES.CHRISTIAN.TIMOTHY.1113569332 Date: 2019.02.21 13:43:53 -06'00' Adobe Acrobat DC version: 2015.006.30464

FA462119QA008 2/21/2019

Daniel Mittuch 316-759-4514 3/11/2019

4:00 PM CST

FA4621

FA4621 22 CONS LGC

BLDG 840 CP 316 759 3275

53384 KANSAS ST STE 110

MCCONNELL AFB, KS 67221-3702

United States Daniel Mittuch

562998

$7,500,000.00

Christian T. Ates 21 Feb 2019

See Schedule

SEE SCHEDULE

F2Z3C38142AW02

Solicitation/Contract Form

Supplies or Services and Prices/Cost Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount 0001 Oil/Water Separator Maintenance

Services, O&M, Non-personal service

- The contractor shall provide all materials, equipment, tools, supervision and labor necessary to provide services to oil water separators, sand traps, interior trench drains, grease traps, septic tanks and sewer lines located at McConnell AFB, Kansas. All work shall be performed in accordance with all federal, state, and local regulations and the terms and conditions of this Performance Work Statement (PWS) (Attachment 1) and Price List (Attachment 2). Contractor shall perform services that are listed in the attached Price List under CLIN(s) 0001AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, at the agreed to price per item. The total amount billed for the services in the aforementioned listed items will be invoiced under this line item. Base Year Period of Performance (1 April 2019 - 31 March 2020).

Manufacturer's Part Number: Null Product Service Code: S222 Signal Code: A Weapon System Code: 000 Program: S10 Firm Fixed Price

CIN: 00000000000003626358

Lot

Option Line Item

Oil/Water Separator Maintenance Services, O&M, Non-personal service

- The contractor shall provide all materials, equipment, tools, supervision and labor necessary to provide services to oil water separators, sand traps, interior trench drains, grease traps, septic tanks and sewer lines located at McConnell AFB, Kansas. All work shall be performed in accordance with all federal, state, and local regulations and the terms and conditions of this Performance Work Statement (PWS) (Attachment 1) and Price List (Attachment 2). Contractor shall perform services that are listed in the attached Price List under CLIN(s) 1001AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, at the agreed to price per item. The total amount billed for the services in the aforementioned listed items will be invoiced under this line item. Option Year 1 Period of Performance (1 April 2020 - 31 March 2021).

Manufacturer's Part Number: Null Product Service Code: S222

Lot

Signal Code: A Weapon System Code: 000 Program: S10 Firm Fixed Price

Option Line Item

Oil/Water Separator Maintenance Services, O&M, Non-personal service

- The contractor shall provide all materials, equipment, tools, supervision and labor necessary to provide services to oil water separators, sand traps, interior trench drains, grease traps, septic tanks and sewer lines located at McConnell AFB, Kansas. All work shall be performed in accordance with all federal, state, and local regulations and the terms and conditions of this Performance Work Statement (PWS) (Attachment 1) and Price List (Attachment 2). Contractor shall perform services that are listed in the attached Price List under CLIN(s) 2001AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, at the agreed to price per item. The total amount billed for the services in the aforementioned listed items will be invoiced under this line item. Option Year 1 Period of Performance (1 April 2021 - 31 March 2022).

Manufacturer's Part Number: Null Product Service Code: S222 Signal Code: A Weapon System Code: 000 Program: S10 Firm Fixed Price

Lot

Option Line Item

Oil/Water Separator Maintenance Services, O&M, Non-personal service

- The contractor shall provide all materials, equipment, tools, supervision and labor necessary to provide services to oil water separators, sand traps, interior trench drains, grease traps, septic tanks and sewer lines located at McConnell AFB, Kansas. All work shall be performed in accordance with all federal, state, and local regulations and the terms and conditions of this Performance Work Statement (PWS) (Attachment 1) and Price List (Attachment 2). Contractor shall perform services that are listed in the attached Price List under CLIN(s) 3001AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, at the agreed to price per item. The total amount billed for the services in the aforementioned listed items will be invoiced under this line item. Option Year 1 Period of Performance (1 April 2022 - 31 March 2023).

Manufacturer's Part Number: Null Product Service Code: S222 Signal Code: A Weapon System Code: 000 Program: S10

Firm Fixed Price Option Line Item

Oil/Water Separator Maintenance Services, O&M, Non-personal service

- The contractor shall provide all materials, equipment, tools, supervision and labor necessary to provide services to oil water separators, sand traps, interior trench drains, grease traps, septic tanks and sewer lines located at McConnell AFB, Kansas. All work shall be performed in accordance with all federal, state, and local regulations and the terms and conditions of this Performance Work Statement (PWS) (Attachment 1) and Price List (Attachment 2). Contractor shall perform services that are listed in the attached Price List under CLIN(s) 4001AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, at the agreed to price per item. The total amount billed for the services in the aforementioned listed items will be invoiced under this line item. Option Year 1 Period of Performance (1 April 2023 - 31 March 2024).

Manufacturer's Part Number: Null Product Service Code: S222 Signal Code: A Weapon System Code: 000 Program: S10 Firm Fixed Price

Description/Specifications/Statement of Work

Requirements The Contractor shall provide all personnel, equipment, tools, materials, supervision, permits, licenses, and any other items and/or services necessary to perform all operations involved in the maintenance of oil/water separators, to include sampling and analysis, waste pumping and disposal, surveillance, cleaning, keeping and providing required records, and emergency service. The Contractor shall clean all grease traps, sand traps, interior trench drains and pump septic/holding tanks located at McConnell AFB. The Contractor shall flush sanitary sewer line mains annually. The contractor shall dispose of all hazardous and non-hazardous waste to approved disposal/ recycling facilities. All work shall be performed in accordance with all federal, state, and local regulations and the terms and conditions of this Performance Work Statement (PWS). The contractor is encouraged and expected to use innovative approaches to effectively, and efficiently accomplish the requirements of this PWS in a timely manner in a way that fosters pride and ownership in the work performed.

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location

Both Destination Instructions: Customer complaints, customer surveys, and visual inspections as well as laboratory testing and analytics will be used to determine whether work is acceptable or unacceptable. If unacceptable, the work will be re-performed. The Government appointed COR will be responsible for proper inspection and acceptance.

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: (316) 759-3932 Email: jacqueline.myles@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Customer complaints, customer surveys, and visual inspections as well as laboratory testing and analytics will be used to determine whether work is acceptable or unacceptable. If unacceptable, the work will be re-performed. The Government appointed COR will be responsible for proper inspection and acceptance.

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: (316) 759-3932 Email: jacqueline.myles@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Customer complaints, customer surveys, and visual inspections as well as laboratory testing and analytics will be used to determine whether work is acceptable or unacceptable. If unacceptable, the work will be re-performed. The Government appointed COR will be responsible for proper inspection and acceptance.

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: (316) 759-3932 Email: jacqueline.myles@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Customer complaints, customer surveys, and visual inspections as well as laboratory testing and analytics will be used to determine whether work is acceptable or unacceptable. If unacceptable, the work will be re-performed. The Government appointed COR will be responsible for proper inspection and acceptance.

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: (316) 759-3932 Email: jacqueline.myles@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Customer complaints, customer surveys, and visual inspections as well as laboratory testing and analytics will be used to determine whether work is acceptable or unacceptable. If unacceptable, the work will be re-performed. The Government appointed COR will be responsible for proper inspection and acceptance.

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: (316) 759-3932 Email: jacqueline.myles@us.af.mil

Deliveries or Performance

Contractor Destination

0001 Delivery Schedule Ship To Address

Delivery Schedule

12.0 Lot Monthly

30 Month Expected Shipments

Service Performance Site

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: 316-759-3932 Email: jacqueline.myles@us.af.mil

Period of Performance From

01 APR 2019

to

31 MAR 2020

Option Line Item

Delivery Schedule Ship To Address

30 Month Expected Shipments

Service Performance Site

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: 316-759-3932 Email: jacqueline.myles@us.af.mil

Period of Performance From

01 APR 2020

to

31 MAR 2021

Option Line Item Delivery Schedule Ship To Address

12.0 Lot Monthly

30 Month Expected Shipments

Service Performance Site

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: 316-759-3932 Email: jacqueline.myles@us.af.mil

Period of Performance From

01 APR 2021

to

31 MAR 2022

Option Line Item

30 Month Expected Shipments

Service Performance Site

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: 316-759-3932 Email: jacqueline.myles@us.af.mil

Period of Performance From

01 APR 2022

to

31 MAR 2023

Option Line Item

30 Month Expected Shipments

Service Performance Site

DoDAAC: F2Z3C3 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2Z3C3 22 CES CEOH

57830 PITTSBURG ST STE 120

AF NO MILSBILLS PROC CP 3167593932

MCCONNELL AFB, KS 67221 3612

United States

OfficeCode:

Jacqueline Myles Telephone: 316-759-3932 Email: jacqueline.myles@us.af.mil

Period of Performance From

01 APR 2023

to

31 MAR 2024

Contract Administration Data

Special Contract Requirements

Contract Clauses

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.212-1 Instructions to Offerors -- Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions -- Commercial Items OCT 2018 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts SEP 2013 52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May 2011) -- Alternate I MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts AUG 2018 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.228-5 Insurance -- Work on a Government Installation JAN 1997 52.232-18 Availability of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-1 Site Visit APR 1984 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.219-7011 Notification to Delay Performance JUN 1998 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American and Balance of Payments Program DEC 2017 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7024 Notification of Transportation of Supplies by Sea MAR 2000 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) NOV 2012 5352.223-9001 Health and Safety on Government Installations NOV 2012

CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILIGY MATTERS (OCT 2018)

(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 proceeding 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 which can be accessed via https:// www.sam.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:

(1) Past Performance

(2) Price

Past performance is neither more nor less significant than Price when being evaluated.

(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 CERTIFICATION -- COMMERCIAL ITEMS (OCT 2018) ALTERNATE I

(OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

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

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

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

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

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

"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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http:// www.sam.gov. After reviewing SAM 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) 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 venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[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:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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:

Line Item No.: Country of Origin:

[List as necessary]

(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 Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. (S)6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. (S)6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. (S)6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.