WWTP_Sol_SF1449_Released.doc

Section SF 1449 - CONTINUATION SHEET

Monthly Operating/Preventive Maintenance

FFP

Monthly Operation/Preventive Maintenance. Reference Performance Work Statement (PWS) para. 1.1, 1.2 and 1.2.1.

Period of performance for basic year is 1 Oct 2013 through 30 Sep 2014

FOB: Destination

SIGNAL CODE: A

NET AMT

Lot

Reimbursable Costs for Sludge Disposal

COST

Reimbursable Costs for Sludge Disposal. Includes all costs for sludge analysis, transfer, removal, transport and tipping fees. IAW PWS para. 1.3 and 1.4; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $10K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2013 through 30 Sep 2014

ESTIMATED COST

Lot

Reimbursable Cost-Corrective Maintenance

COST

Reimbursable Costs for Corrective Maintenance. Government reimbursable costs shall apply to corrective maintenance repair/replacement of material, including labor. IAW PWS para. 1.3, 1.3.1 and 1.3.2; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $50K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2013 through 30 Sep 2014

ESTIMATED COST

FFP

Monthly Operation/Preventive Maintenance. Reference Performance Work Statement (PWS) para. 1.1, 1.2 and 1.2.1.

Period of performance for basic year is 1 Oct 2014 through 30 Sep 2015

NET AMT

Lot

COST

Reimbursable Costs for Sludge Disposal. Includes all costs for sludge analysis, transfer, removal, transport and tipping fees. IAW PWS para. 1.3 and 1.4; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $10K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2013 through 30 Sep 2014

ESTIMATED COST

Lot

COST

Reimbursable Costs for Corrective Maintenance. Government reimbursable costs shall apply to corrective maintenance repair/replacement of material, including labor. IAW PWS para. 1.3, 1.3.1 and 1.3.2; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $50K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2014 through 30 Sep 2015

ESTIMATED COST

FFP

Monthly Operation/Preventive Maintenance. Reference Performance Work Statement (PWS) para. 1.1, 1.2 and 1.2.1.

Period of performance for basic year is 1 Oct 2015 through 30 Sep 2016

NET AMT

Lot

COST

Reimbursable Costs for Sludge Disposal. Includes all costs for sludge analysis, transfer, removal, transport and tipping fees. IAW PWS para. 1.3 and 1.4; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $10K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2015 through 30 Sep 2016

ESTIMATED COST

Lot

COST

Reimbursable Costs for Corrective Maintenance. Government reimbursable costs shall apply to corrective maintenance repair/replacement of material, including labor. IAW PWS para. 1.3, 1.3.1 and 1.3.2; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $50K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2015 through 30 Sep 2016

ESTIMATED COST

FFP

Monthly Operation/Preventive Maintenance. Reference Performance Work Statement (PWS) para. 1.1, 1.2 and 1.2.1.

Period of performance for basic year is 1 Oct 2016 through 30 Sep 2017

NET AMT

Lot

COST

Reimbursable Costs for Sludge Disposal. Includes all costs for sludge analysis, transfer, removal, transport and tipping fees. IAW PWS para. 1.3 and 1.4; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $10K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2016 through 30 Sep 2017

ESTIMATED COST

Lot

COST

Reimbursable Costs for Corrective Maintenance. Government reimbursable costs shall apply to corrective maintenance repair/replacement of material, including labor. IAW PWS para. 1.3, 1.3.1 and 1.3.2; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $50K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2016 through 30 Sep 2017

ESTIMATED COST

FFP

Monthly Operation/Preventive Maintenance. Reference Performance Work Statement (PWS) para. 1.1, 1.2 and 1.2.1.

Period of performance for basic year is 1 Oct 2017 through 30 Sep 2018

NET AMT

Lot

COST

Reimbursable Costs for Sludge Disposal. Includes all costs for sludge analysis, transfer, removal, transport and tipping fees. IAW PWS para. 1.3 and 1.4; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $10K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2017 through 30 Sep 2018

ESTIMATED COST

Lot

COST

Reimbursable Costs for Corrective Maintenance. Government reimbursable costs shall apply to corrective maintenance repair/replacement of material, including labor. IAW PWS para. 1.3, 1.3.1 and 1.3.2; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $50K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2017 through 30 Sep 2018

ESTIMATED COST

Lot

COST

Reimbursable Costs for Sludge Disposal. Includes all costs for sludge analysis, transfer, removal, transport and tipping fees. IAW PWS para. 1.3 and 1.4; with cost breakdown of labor & materials.

Note: This is not a Firm Fixed Price (FFP) CLIN. This is an "Estimated" (EST) CLIN; the estimate for this FY is $10K.

**Note: Contractor Do Not Price.

Period of Performance: 1 Oct 2014 through 30 Sep 2015

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2014

DALE WOOSLEY

550 TABOSA AVE BLDG 55

HOLLOMAN AFB NM 88330

575-572-5038

F2E3CE

30-SEP-2014

F2E3CE

30-SEP-2014

F2E3CE

30-SEP-2015

F2E3CE

30-SEP-2014

F2E3CE

30-SEP-2015

F2E3CE

30-SEP-2016

F2E3CE

30-SEP-2016

F2E3CE

30-SEP-2016

F2E3CE

30-SEP-2017

F2E3CE

30-SEP-2017

F2E3CE

30-SEP-2017

F2E3CE

30-SEP-2018

F2E3CE

30-SEP-2018

F2E3CE

30-SEP-2018

F2E3CE

30-SEP-2015

F2E3CE

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

FAR 52.212-1 ADDENDUM

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Feb 2012)

1. FAR provision 52.212-1, is hereby tailored as follows:

(b)(8) A completed copy of the representations and certifications at FAR 52.212-3 and DFARS 252.212-7000 or have a current copy of the representations and certifications on the ORCA website https://orca.bpn.gov/login.aspx.

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for the receipt of offers. Estimated award date is 1 Oct 13.

(d) Delete

(e) Delete

(h) Delete

2. SUBMISSION OF PROPOSALS

A. Purpose: The purpose of these instructions is to prescribe the format of proposals and describe the approach for the development and presentation of proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the government can make an award based on the initial offers received, without discussion of such offers.

B. Proposal Format: Each proposal shall be submitted in one (1) volume, but will contain each of the following sections. Failure to comply with these instructions may result in the offeror’s proposal being summarily rejected. Any commitments made in the proposal shall become a part of the resultant contract.

Section I – Technical/Management Proposal – 4 hard copies, 1 electronic

Section II – Solicitation/Price Data – 1 hard copy, 1 electronic

1. Each hard copy shall be separately bound, preferably in loose leaf binders. All required documentation shall be page numbered. Staples and plastic sleeves shall not be used. Consolidated parts are acceptable provided tabs separate them. A cover sheet shall be found in each book, clearly marked as to the section/part number(s), title, copy number, RFP identification and the offeror’s name. The Technical/Management Proposal shall not include price or pricing information.

2. NOTE: To ensure timely and equitable evaluation of proposals, offeror’s must follow the instructions contained herein. Proposals must be complete, self sufficient, and respond directly to the requirements of this solicitation. Please submit as stated above.

C. Technical/Management Proposal (Section I):

1. The technical/management proposal shall not make reference to price data. It will be evaluated as acceptable or unacceptable and will consist of eight (8) Factors. ALL factors must be deemed acceptable in order to be Technically acceptable.

2. Technical Proposal Requirements: The technical proposal will primarily describe the capability of your organization to perform the requirements of the contract, it shall be specific and complete. The proposal shall not merely offer to perform work in accordance with the Performance Work Statement, but shall certify the proposed methods utilized. The offeror's proposal must include all data and information requested and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Performance Work Statement (PWS)(tailor as appropriate). Non-conformance with the instructions provided may result in an unacceptable technical evaluation.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but, rather, shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offeror's proposal.

Your technical proposal shall, at a minimum, contain the information specified below in accordance with the following general outline:

Factor 1. The offeror must show successful operation of extended aeration activated sludge treatment plants working at a minimum 1.0 Million Gallon per Day Design Capacity (Ref. Para. 1.1., Appendix A, section 2, Appendix C, section 1 and Appendix D. Contractor must submit at least one contract. Completing the following contract information that shows successful operations:

Contract #

Contract Title

Place of Performance

Contract section/Performance Work Statement or equivalent/paragraph of this service

Contract's POC: Name, phone # and e-mail

Factor 2. The offeror must provide a schedule of suitable personnel that will be allocated to accomplish all tasks/functions within the contract/Performance Work Statement for the plant operations of 24 hours a day, 7 days a week. (Ref. Para. 1.1 & 4.8) Schedule must include:

a. number of personnel,

b. each position title and

c. appropriate certification for position.

Reminder, per the PWS, para. 4.8.1: Contract Manager (CM) must have 8 years experience and if CM not at plant, responsible person on site must have appropriate certification.

NOTICE: After Government review of proposals and "prior" to award, the potential awardee (Contractor) must submit copies of NM Level 4 Wastewater System certification or equivalent for onsite Contract Manager and all operators within 3 days of notification or your proposal may be eliminated.

Factor 3. Any Notice of Violations (NOV)'s must be identified and explained by the offeror. The offeror must show how they rectified any cited (NOV) to the NPDES permit. (Ref. Para. 4.11.4.) For each NOV, complete the following information.

Contract #

Contract Title

Place of Performance

Contract section/paragraph of this service

Contract's POC: Name, phone # and e-mail

NOV explanation

The Government will verify using above information. Government will use the Regional EPA and state environmental department websites to validate any occurrences. Omission of NOV information will be considered a significant reason for technical non compliance.

Factor 4. The offeror must be able to incur initial costs to cover large repair and sludge disposal. Offeror must provide financial statement on Bank's letterhead indicating financial capability coverage up to $60K (reference CLINs 0002 and 0003). The Government will reimburse the contractor pending monthly invoice. (Ref. Para. 1.3.)

All Technical/Management Area factors must be met in order to be deemed technically acceptable. If a proposal is determined “unacceptable,” the Contracting Officer (CO) will promptly notify the offeror that the proposal will not be considered for award and shall indicate, in general terms, the basis for the determination.

Factor 5. The offeror must have experience with sludge regulations and disposal procedures. (Ref. Para.1.4. and 1.4.1.) check one

The offeror certifies it ___does ___does not have experience with sludge regulations and disposal procedures as described in PWS.

Factor 6. Offeror has engineering support for operational assistance without Government involvement. For example, an operating system malfunctions and the contractor provides the client (the Government) with solutions or alternatives to correct the problem. check one

The offeror certifies it ___does ___does not have engineering support for operational assistance.

Factor 7. The offeror must have experience in working with Chlorine gas and Sulfur Dioxide. (Ref. Appendix D, section 6. through 7.4.) check one

The offeror certifies it ___does ___does not have experience in working with Chlorine gas and Sulfur Dioxide.

Factor 8. The offeror must have the capability to perform required wastewater laboratory procedures on site as stated in paragraph 1.5 of the PWS. check one

The offeror certifies it ___does ___does not have the capability to perform required wastewater laboratory procedures on site as stated in paragraph 1.5 of the PWS.

D. Price Data (Section II): This section of the proposal shall include only the following:

1. A signed Standard Form 1449, Solicitation/Contract, in its entirety (58 pages) along with all required fill-in documents. (Do not return attachments).

2. Complete all blanks for unit and total prices for Base and Option Years.

3. Any signed solicitation amendments thereto.

E. Reference HAFB 010 Instructions, SITE VISIT for date and instructions for site visit.

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

(i) Technical Capability

(ii) Price

Selection will be based on Lowest Price Technically Acceptable (LPTA) technique to make a best value decision. The application of the LPTA technique in the contract award selection and approval process is as follows:

(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)

FAR 52.212-2 ADDENDUM

A. BASIS FOR AWARD. This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) technique to make a best value award decision. The application of the LPTA technique in the contract award selection and approval process is as follows:

1. A decision on the technical acceptability of each offeror’s technical proposal shall be made. Only those offerors determined to be technically acceptable, either initially or as a result of clarification/discussions, will be considered for award. Note: In accordance with FAR 52.212-1(g), as prescribed in FAR 12.301(b)(1), “The government intends to evaluate proposals and award a contract without discussions with offerors” (except clarifications as described in FAR 15.306(a)). Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint. However, the government reserves the right to conduct discussions if later determined by the Contracting Officer (CO) to be necessary.” The CO may request offerors of marginal proposals to submit clarifications of areas identified by the technical proposal evaluation team. In initiating a request, the CO will set an appropriate time for submission of such information. Late submissions will be handled in accordance with FAR 52.212-1(f) “Late Submissions”. The clarification information will be incorporated as part of the proposal.

2. The lowest priced technically acceptable proposal will be deemed the successful offeror and award shall be made to this offeror, subject to a positive responsibility determination.

B. TECHNICAL/MANAGEMENT AREA:

1. A technical review team composed of key government personnel will use their technical skill, knowledge and experience to thoroughly review the adequacy of proposals. Each proposal will be evaluated by application of the assessment criteria to each factor in the technical proposal. Only those proposals determined technically acceptable will be considered for award. Each Factor will be considered acceptable or unacceptable as defined below:

a. Acceptable: Meets the minimum requirements of the Performance Work Statement /solicitation.

b. Unacceptable: Fails to meet minimum requirements of the Performance Work Statement /solicitation and the deficiency is not correctable without a major revision to the proposal.

2. Offerors must pass all facets of each FACTOR, 1 - 8 Technical/Management area in order to be deemed technically acceptable:

Factor 1 will be met if the contractor submitted all required documents showing successful operations of aeration activated sludge treatment plant working at a minimum of 1.0 Million Gallons per

Day Design Capacity.

Factor 2 will be met if the contractor submits schedule of suitable personnel for all plant operations in accordance with the PWS.

Factor 3 will be met if the Government validates contractor provided information of no NOV's or compliance with NOV reports. Omission of NOV information will be considered a significant reason for technical non compliance.

Factor 4 will be met if contractor provides bank statement with endorsement meeting financial capability.

Factor 5 will be met if the contractor certifies experience working with sludge regulations and disposal procedures.

Factor 6 will be met if contractor certifies it does have engineering support for operational assistance without Government involvement.

Factor 7 will be met if the contractor certifies experience in working with chlorine gas and sulfur dioxide.

Factor 8 will be met if the contractor certifies experience in waste water laboratory procedures in accordance with PWS.

C. PRICE AREA

The offeror’s proposal price will be determined by multiplying the quantity times the unit price for the CLIN (Contract Line Item Number) and totaling the product of that calculation for all priced CLINs and all option periods to arrive at a total estimated contract value. Note on reimbursable costs these CLINs are not Firm Fixed Price (FFP) and are “Estimated” (EST). The Government has provided estimated amounts for each Fiscal Year (FY); do not price the EST CLINs.

All Factors and its subfactors must be met in order to be deemed technically acceptable. If a proposal is determined “unacceptable,” the Contracting Officer (CO) will promptly notify the offeror that the proposal will not be considered for award and shall indicate, in general terms, the basis for the determination.

END FAR 52.212-2 ADDENDUM

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

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

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

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

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

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

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

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment,…