Solicitation.pdf

18 CONS/LGCA

POC: AL DABBAGH, ANNA MARIA

UNIT 5199 BLDG 99

APO AP 96368

634-5511 634-1761

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5270-13-R-0012 11-Apr-2013

b. TELEPHONE NUMBER

DSN 315-634-5511

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 13 May 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5270

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANNA MARIA AL DABBAGH

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

1 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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

TEL: EMAIL:

3 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

89084

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5270-13-R-0012

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 8,080,000 Kilogram MSW O&M/Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2013 thru 30 Sep 2014 IAW the Performance-based Work Statement dated: 01 April 2013. For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

(Refer to AF Template CLIN 0002) FOB: Destination

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 8,767,176 Kilogram MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

(Refer to AF Template CLIN 0004)

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 100,000 Kilogram Unscheduled Pick-up Items, Special Event

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

(Refer to AF Template CLIN 0010)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 8,080,000 Kilogram OPTION MSW O&M/ Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2014 thru 30 Sep 2015 IAW the Performance-based Work Statement dated: 01 April 2013. . For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 8,241,145 Kilogram OPTION MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 100,000 Kilogram OPTION American Fest, Unscheduled Pick-up Items

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 8,080,000 Kilogram OPTION MSW O&M/ Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2015 thru 30 Sep 2016 IAW the Performance-based Work Statement dated: 01 April 2013. . For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 7,715,115 Kilogram OPTION MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 100,000 Kilogram OPTION American Fest, Unscheduled Pick-up Items

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 8,080,000 Kilogram OPTION MSW O&M/ Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2016 thru 30 Sep 2017 IAW the Performance-based Work Statement dated: 01 April 2013. . For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 7,189,084 Kilogram OPTION MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 100,000 Kilogram OPTION American Fest, Unscheduled Pick-up Items

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 8,080,000 Kilogram OPTION MSW O&M/ Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2017 thru 30 Sep 2018 IAW the Performance-based Work Statement dated: 01 April 2013. . For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 7,189,084 Kilogram OPTION MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 100,000 Kilogram OPTION American Fest, Unscheduled Pick-up Items

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

UNIT UNIT PRICE ESTIMATED AMOUNT

5001 8,080,000 Kilogram OPTION MSW O&M/ Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2018 thru 30 Sep 2019 IAW the Performance-based Work Statement dated: 01 April 2013. . For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

UNIT UNIT PRICE ESTIMATED AMOUNT

5002 7,189,084 Kilogram OPTION MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

UNIT UNIT PRICE ESTIMATED AMOUNT

5003 100,000 Kilogram OPTION American Fest, Unscheduled Pick-up Items

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

UNIT UNIT PRICE ESTIMATED AMOUNT

6001 8,080,000 Kilogram OPTION MSW O&M/ Food Waste Collection

FFP

NON-PERSONAL SERVICES. The Contractor is to provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Integrated Solid Waste Management services at KAB, and Other Locations for the period of 1 Oct 2019 thru 30 Sep 2020 IAW the Performance-based Work Statement dated: 01 April 2013. . For an estimated quantity for individual pick-up locations, refer to Appendix A of the PWS.

Municipal Solid Waste/ Food Waste Collection-Base (PWS 1.1.1).

UNIT UNIT PRICE ESTIMATED AMOUNT

6002 7,189,084 Kilogram OPTION MFH Waste Collection

FFP

Municipal Solid Waste Collection-MFH (Non-privatized) (PWS 1.1.2)

UNIT UNIT PRICE ESTIMATED AMOUNT

6003 100,000 Kilogram OPTION American Fest, Unscheduled Pick-up Items

FFP

Unscheduled Pick-up Items, Special Events, Special Collection for American Fest.

(PWS 1.1.1.4.3)

INDEFINITE QUANTITY MAXIMUM

In accordance with FAR 52.216-22 (b), the total of this contract is not to exceed $46,000,000 and the Government will order a minimum guarantee of $600,000.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government

5003 Destination Government Destination Government 6001 Destination Government Destination Government 6002 Destination Government Destination Government 6003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2013 TO

30-SEP-2014

N/A N/A

0002 POP 01-OCT-2013 TO

30-SEP-2014

0003 POP 01-OCT-2013 TO

30-SEP-2014

1001 POP 01-OCT-2014 TO

30-SEP-2015

1002 POP 01-OCT-2014 TO

1003 POP 01-OCT-2014 TO

2001 POP 01-OCT-2015 TO

30-SEP-2016

2002 POP 01-OCT-2015 TO

2003 POP 01-OCT-2015 TO

3001 POP 01-OCT-2016 TO

30-SEP-2017

3002 POP 01-OCT-2016 TO

3003 POP 01-OCT-2016 TO

4001 POP 01-OCT-2017 TO

01-SEP-2018

4002 POP 01-OCT-2017 TO

4003 POP 01-OCT-2017 TO

5001 POP 01-OCT-2018 TO

30-SEP-2019

5002 POP 01-OCT-2018 TO

5003 POP 01-OCT-2018 TO

6001 POP 01-OCT-2019 TO

30-SEP-2020

6002 POP 01-OCT-2019 TO

6003 POP 01-OCT-2019 TO

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.222-50 Combating Trafficking in Persons FEB 2009 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.232-18 Availability Of Funds APR 1984 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

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:

A. TECHNICAL

B. PRICE

C. PAST PERFORMANCE

IAW FAR 15.304

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. Then Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

Addendum to FAR 52.212-2:

This is a competitive best value source selection in which competing offerors past performance history will be evaluated on a basis of approximately equal to price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract.

All technically acceptable offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined technically unacceptable. The evaluation process shall proceed as follows:

A. Technical Acceptability. Initially, the Government technical evaluation team will evaluate the technical proposals by assigning an Acceptable or Unacceptable rating (see Table 1 below). The proposals shall be evaluated against the following sub factor:

Sub factor 1, Disposal Plan – the plan shall include the following:

a. Copies of certifications and permits as specified in Performance-Based Work Statement paragraph 1.2.1, Off-Base Disposal. Permits must be current on the date of RFP closeout, and maintained throughout the life of the contract.

b. Access to Incinerators

c. Provide landfill(s) future capacity to include maximum capacity, current filled level, and average estimated collection per year.

Table 1, Technical Ratings Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

B. Price Evaluation. Next, the Government will rank all technically Acceptable offerors (and Unacceptable offers with correction potential) by price, including all option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Price Schedule by the proposed unit price for proposed unit for each Contract Line Item Number to confirm the extended amount for each. The price evaluation will document the reasonableness and completeness of the proposed total evaluated price. The Government reserves the right to perform price realism analysis.

NOTE: In order to meet the requirements of FAR Part 6 and FAR Part 17, the price equivalent to the six (6) months extension of services authorized by FAR 52.217-8 will be evaluated separately, and will be factored as part of the total evaluated price for award. The Government will calculate prices for a quantity equivalent to 6 months by prorating prices offered for CLIN 0001 thru CLIN 6003 and all corresponding CLINs under Options of FAR 52.217-9 and evaluate such prices for reasonableness.

C. Past Performance. Lastly, the Government will seek recent and relevant performance information on all technically acceptable offerors based on (1) the references provided by the offeror, (2) past performance information obtained from questionnaires (Attachment 8), and (3) data independently obtained from other Government or commercial sources.

Recent performance information includes relevant contracts performed for the Department of Defense, Government of Japan, US Government agencies, and commercial customers within the last three (3) years from the issuance date of the solicitation.

Relevant performance includes performance of efforts involving Municipal Solid Waste Collection and Disposal that are similar or greater in scope, magnitude, and complexity than the effort described in this solicitation. The Government will use the relevancy definitions and ratings in Table 2 below when assessing for relevancy:

Table 2. Past Performance Relevancy Ratings Rating Definition Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

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

The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to provide Municipal Solid Waste Collection and Disposal services that meet the solicitation requirements based on the offeror’s demonstrated record of performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown confidence as defined in Table 3 below. Past performance regarding predecessor companies, or subcontractors that will perform major or critical aspects of the requirement will not be rated as highly as past performance information for the principal offeror. Offerors with no 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 “Unknown Confidence,” meaning the rating is treated neither favorably nor unfavorably (neutral).

TABLE 3 – PERFORMANCE CONFIDENCE ASSESSMENTS

Rating Description

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 offeror will successfully perform the required effort

LIMITED CONFIDENCE

Based on the offeror’s performance record, the Government has a low expectation that the offeror will successfully perform the required effort

NO CONFIDENCE

Based on the offeror’s performance record, the Government has no expectation that the offeror will successfully perform the required effort

UNKNOWN CONFIDENCE

No performance is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned

D. Integrated Assessment. In order to be considered for award, the offeror’s technical proposal must be rated as “Acceptable.” The Government reserves the right to award a contract to other than the lowest price offer if the lowest priced offeror is judged to have a performance rating of “Satisfactory Confidence” or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision.

Offerors are cautioned to submit sufficient information and in the format specified in the FAR 52.212-1 and/or its addendum. 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.

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.

(End of Provision)

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;

https://www.acquisition.gov/

(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 https://www.acquisition.gov/ 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, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(List as necessary)

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

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

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

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

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

(4) ( ) Have, ( ) have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 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.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 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.

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).