Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

FA465917R0003 07-Sep-2017

b. TELEPHONE NUMBER

701-747-5314

8. OFFER DUE DATE/LOCAL TIME

4:00 PM 09 Oct 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

FA46599. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JONATHON E. ZOLNAI

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F2AG107088A001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

319 CONTRACTING FLIGHT

575 TUSKEGEE AIRMEN BLVD

GRAND FORKS AFB ND 58205 6436

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE F2AG10 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

10 SWS/FM - F2AG10

BOB FORS

708 SPRAKER DR

CAVALIER AFS ND 58220-9350

TEL: 701-330-3201/3202 FAX:

(701) 747-4215FAX:

TEL: (701) 747-5287

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF65

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

NON-PERSONAL SERVICES

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste

Management services at Cavalier AFS for the period 01 Dec 2017 – 30 Nov 2018 in accordance with the Performance-based Work Statement (PWS) dated 13 Apr

17. This CLIN is not separately priced; the requirement of this CLIN applies to all subsequent CLINS (0001AA-0001AF)

PURCHASE REQUEST NUMBER: F2AG107088A001

SIGNAL CODE: A

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AA 12 Months Municipal Solid Waste Collection

FFP

Municipal Solid Waste Collection IAW PWS 1.1.1.1. 01 Dec 2017 – 30 Nov 2018

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AB 12 Months Recyclable Collection

FFP

Recyclable Collection IAW PWS 1.1.1.3. 01 Dec 2017 – 30 Nov 2018

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AC 15 Each Mixed Scrap Metal

FFP

Mixed Scrap Metal IAW PWS 1.2.1.1. 01 Dec 2017 – 30 Nov 2018

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AD 8 Each Oil Filters - 55 Gallon Drum

FFP

Oil Filters - 55 Gallon Drum IAW PWS 1.1.2.2. 01 Dec 2017 – 30 Nov 2018

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AE 4 Each Unscheduled Items Pick-up/Special Events

FFP

Unscheduled Items Pick-up and Special Events IAW PWS 1.1.3.1. 01 Dec 2017 –

30 Nov 2018

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AF 55 Metric

Ton

Landfill Tipping Fees

FFP

Landfill Tipping Fees IAW PWS 1.5. 01 Dec 2017 – 30 Nov 2018

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION NON-PERSONAL SERVICES

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste

Management services at Cavalier AFS for the period 01 Dec 2018 – 30 Nov 2019 in accordance with the Performance-based Work Statement (PWS) dated 13 Apr

17. This CLIN is not separately priced; the requirement of this CLIN applies to all subsequent CLINS (1001AA-1001AF)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AA 12 Months OPTION Municipal Solid Waste Collection

FFP

Municipal Solid Waste Collection IAW PWS 1.1.1.1. 01 Dec 2018 – 30 Nov 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AB 12 Months OPTION Recyclable Collection

FFP

Recyclable Collection IAW PWS 1.1.1.3. 01 Dec 2018 – 30 Nov 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AC 15 Each OPTION Mixed Scrap Metal

FFP

Mixed Scrap Metal IAW PWS 1.2.1.1. 01 Dec 2018 – 30 Nov 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AD 8 Each OPTION Oil Filters - 55 Gallon Drum

FFP

Oil Filters - 55 Gallon Drum IAW PWS 1.1.2.2. 01 Dec 2018 – 30 Nov 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AE 4 Each OPTION Unscheduled Items Pick-up/Special Events

FFP

Unscheduled Items Pick-up and Special Events IAW PWS 1.1.3.1. 01 Dec 2018 –

30 Nov 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AF 55 Metric

OPTION Landfill Tipping Fees

Landfill Tipping Fees IAW PWS 1.5. 01 Dec 2018 – 30 Nov 2019

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION NON-PERSONAL SERVICES

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste

Management services at Cavalier AFS for the period 01 Dec 2019 – 30 Nov 2020 in accordance with the Performance-based Work Statement (PWS) dated 13 Apr

17. This CLIN is not separately priced; the requirement of this CLIN applies to all subsequent CLINS (2001AA-2001AF)

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AA 12 Months OPTION Municipal Solid Waste Collection

FFP

Municipal Solid Waste Collection IAW PWS 1.1.1.1. 01 Dec 2019 – 30 Nov 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AB 12 Months OPTION Recyclable Collection

FFP

Recyclable Collection IAW PWS 1.1.1.3. 01 Dec 2019 – 30 Nov 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AC 15 Each OPTION Mixed Scrap Metal

FFP

Mixed Scrap Metal IAW PWS 1.2.1.1. 01 Dec 2019 – 30 Nov 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AD 8 Each OPTION Oil Filters - 55 Gallon Drum

FFP

Oil Filters - 55 Gallon Drum IAW PWS 1.1.2.2. 01 Dec 2019 – 30 Nov 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AE 4 Each OPTION Unscheduled Items Pick-up/Special Events

FFP

Unscheduled Items Pick-up and Special Events IAW PWS 1.1.3.1. 01 Dec 2019 –

30 Nov 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AF 55 Metric

Landfill Tipping Fees IAW PWS 1.5. 01 Dec 2019 – 30 Nov 2020

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION NON-PERSONAL SERVICES

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste

Management services at Cavalier AFS for the period 01 Dec 2020 – 30 Nov 2021 in accordance with the Performance-based Work Statement (PWS) dated 13 Apr

17. This CLIN is not separately priced; the requirement of this CLIN applies to all subsequent CLINS (3001AA-3001AF)

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AA 12 Months OPTION Municipal Solid Waste Collection

FFP

Municipal Solid Waste Collection IAW PWS 1.1.1.1. 01 Dec 2020 – 30 Nov 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AB 12 Months OPTION Recyclable Collection

FFP

Recyclable Collection IAW PWS 1.1.1.3. 01 Dec 2020 – 30 Nov 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AC 15 Each OPTION Mixed Scrap Metal

FFP

Mixed Scrap Metal IAW PWS 1.2.1.1. 01 Dec 2020 – 30 Nov 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AD 8 Each OPTION Oil Filters - 55 Gallon Drum

FFP

Oil Filters - 55 Gallon Drum IAW PWS 1.1.2.2. 01 Dec 2020 – 30 Nov 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AE 4 Each OPTION Unscheduled Items Pick-up/Special Events

FFP

Unscheduled Items Pick-up and Special Events IAW PWS 1.1.3.1. 01 Dec 2020 –

30 Nov 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AF 55 Metric

Landfill Tipping Fees IAW PWS 1.5. 01 Dec 2020 – 30 Nov 2021

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION NON-PERSONAL SERVICES

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste

Management services at Cavalier AFS for the period 01 Dec 2021 – 30 Nov 2022 in accordance with the Performance-based Work Statement (PWS) dated 13 Apr

17. This CLIN is not separately priced; the requirement of this CLIN applies to all subsequent CLINS (4001AA-4001AF)

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AA 12 Months OPTION Municipal Solid Waste Collection

FFP

Municipal Solid Waste Collection IAW PWS 1.1.1.1.01 Dec 2021 – 30 Nov 2022

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AB 12 Months OPTION Recyclable Collection

FFP

Recyclable Collection IAW PWS 1.1.1.3. 01 Dec 2021 – 30 Nov 2022

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AC 15 Each OPTION Mixed Scrap Metal

FFP

Mixed Scrap Metal IAW PWS 1.2.1.1. 01 Dec 2021 – 30 Nov 2022

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AD 8 Each OPTION Oil Filters - 55 Gallon Drum

FFP

Oil Filters - 55 Gallon Drum IAW PWS 1.1.2.2. 01 Dec 2021 – 30 Nov 2022

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AE 4 Each OPTION Unscheduled Items Pick-up/Special Events

FFP

Unscheduled Items Pick-up and Special Events IAW PWS 1.1.3.1. 01 Dec 2021 –

30 Nov 2022

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AF 55 Metric

Landfill Tipping Fees IAW PWS 1.5. 01 Dec 2021 – 30 Nov 2022

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0001AC Destination Government Destination Government

0001AD Destination Government Destination Government

0001AE Destination Government Destination Government

0001AF Destination Government Destination Government

1001 N/A N/A N/A N/A

1001AA Destination Government Destination Government

1001AB Destination Government Destination Government

1001AC Destination Government Destination Government

1001AD Destination Government Destination Government

1001AE Destination Government Destination Government

1001AF Destination Government Destination Government

2001 N/A N/A N/A N/A

2001AA Destination Government Destination Government

2001AB Destination Government Destination Government

2001AC Destination Government Destination Government

2001AD Destination Government Destination Government

2001AE Destination Government Destination Government

2001AF Destination Government Destination Government

3001 N/A N/A N/A N/A

3001AA Destination Government Destination Government

3001AB Destination Government Destination Government

3001AC Destination Government Destination Government

3001AD Destination Government Destination Government

3001AE Destination Government Destination Government

3001AF Destination Government Destination Government

4001 N/A N/A N/A N/A

4001AA Destination Government Destination Government

4001AB Destination Government Destination Government

4001AC Destination Government Destination Government

4001AD Destination Government Destination Government

4001AE Destination Government Destination Government

4001AF Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-DEC-2017 TO

30-NOV-2018

N/A 10 SWS/FM - F2AG10

BOB FORS

708 SPRAKER DR

CAVALIER AFS ND 58220-9350

701-330-3201/3202

F2AG10

0001AB POP 01-DEC-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-DEC-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 01-DEC-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 01-DEC-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF POP 01-DEC-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-DEC-2018 TO

30-NOV-2019

N/A 10 SWS/FM - F2AG10

BOB FORS

708 SPRAKER DR

CAVALIER AFS ND 58220-9350

701-330-3201/3202

1001AB POP 01-DEC-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-DEC-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AD POP 01-DEC-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AE POP 01-DEC-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AF POP 01-DEC-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-DEC-2019 TO

30-NOV-2020

N/A 10 SWS/FM - F2AG10

BOB FORS

708 SPRAKER DR

CAVALIER AFS ND 58220-9350

701-330-3201/3202

2001AB POP 01-DEC-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-DEC-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AD POP 01-DEC-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AE POP 01-DEC-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AF POP 01-DEC-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 01-DEC-2020 TO

30-NOV-2021

N/A 10 SWS/FM - F2AG10

BOB FORS

708 SPRAKER DR

CAVALIER AFS ND 58220-9350

701-330-3201/3202

3001AB POP 01-DEC-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 01-DEC-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AD POP 01-DEC-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AE POP 01-DEC-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AF POP 01-DEC-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 N/A N/A N/A N/A

4001AA POP 01-DEC-2021 TO

30-NOV-2022

N/A 10 SWS/FM - F2AG10

BOB FORS

708 SPRAKER DR

CAVALIER AFS ND 58220-9350

701-330-3201/3202

4001AB POP 01-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AC POP 01-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AD POP 01-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AE POP 01-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AF POP 01-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-16 Preventing Personal Conflicts of Interest DEC 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-26 Equal Opportunity SEP 2016

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7006 Billing Instructions OCT 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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 appeal rights.

(ii) 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. Sec. 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.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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:

Factor 1:

1. Past Performance

Factor 2:

2. Price

Past Performance is significantly more important than price.

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

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

Addendum to FAR 52.212-2:

BASIS FOR CONTRACT AWARD: This is a competitive source selection in which competing offerors past and present performance history will be evaluated on a basis significantly more important than price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instruction to Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

A. Price Evaluation. Initially, the Government shall rank all acceptable offers (and unacceptable proposals that are correctable) by price, including any option prices if applicable.

Price reasonableness: The price information submitted in each offeror’s price proposal, as required by addendum to

52.212-1 will be evaluated to determine if proposed prices are fair and reasonable (which may include, but not limited to, one or more of the following proposal analysis techniques listed below). A contract will not be awarded to an offeror whose price is not determined to be fair and reasonable.

The Government may use any of the following price analysis techniques IAW FAR 15.404-1(b) to determine price reasonableness: comparison of proposed prices received, use of parametric estimating/rough yardsticks, comparison with competitive published price lists or market prices, comparison with independent Government cost estimates, comparison with market research, and analysis of pricing information provided by the offeror.

TOTAL EVALUATED PRICE: The offeror’s Total Evaluated Price (TEP) will be presented to the Source Selection

Authority (SSA) for award decision purposes. The offeror’s TEP will be the price offered in the base year and all option CLINS to include the six (6) month extension of services. The six (6) month extension price will be based on option year four (4) pricing. The price evaluation will document the affordability and reasonableness of the proposed

TEP.

B. Performance Confidence Assessment: Using questionnaires, the contracting officer shall seek recent and relevant performance information on all offerors based on (1) the past and present efforts provided by the offeror and (2) data independently obtained from other government and commercial sources. No more than three (3) past performance questionaires shall be submitted. Recency is past performance consisting of Refuse and Recycling

Services performed within the last five years, from the date of the issuance of this solicitation. Ongoing contracts must have been ongoing for at least six months from the date of issuance of this solicitation to be considered recent.

Relevant contracts include Refuse and Recycling Services that are similar or greater in scope, magnitude, and complexity than the effort described in the solicitation. Relevancy assessment ratings are defined as follows:

Very Relevant - Past/present performance effort involved essentially the same or greater magnitude of effort and complexities this solicitation requires

Relevant - Past/present performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant - Past/present performance effort involved some of the magnitude of effort and complexities this solicitation requires.

Not Relevant - Past/present performance efforts involved little or none of the magnitude of effort and complexities this solicitation requires.

The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a Substantial Confidence performance assessment. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Unknown Confidence, Limited

Confidence or No Confidence as defined below. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Neutral Confidence," meaning the rating is treated neither favorably nor unfavorably.

Confidence assessment ratings are defined as follows:

Substantial Confidence – Based on the offeror's performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence – Based on the offeror's performance record, the government has an expectation that the

Neutral Confidence - No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence – Based on the offeror's performance record, the government has a low expectation that the

No Confidence – Based on the offeror's performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

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

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

E. If the lowest priced offeror is not judged to have a Substantial Confidence performance confidence assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a Substantial Confidence performance confidence assessment or until all offerors are evaluated. The

Source Selection Authority shall then make an integrated assessment best value decision.

F. Offerors are cautioned to submit sufficient information and in the format specified in provision FAR 52.212-1 and the addendum to FAR 52.212-1. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

G. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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 located at https://www.sam.gov/portal. 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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

https://www.sam.gov/portal

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

http://www.dol.gov/fairpayandsafeworkplaces

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“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--http://www.osha.gov/dcsp/osp/approved_state_plans.html

(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 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(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-https://www.acquisition.gov/

3, Offeror Representations and Certifications--Commercial Items, have been entered or…