HDEC04-21-R-0029 Conformed Copy with Amendment 0001.docx

HDEC0421R0029

Section SF 1449 - CONTINUATION SHEET

Ardec Picatinny Arsenal Commissary MHE

FFP

Preventive Maintenance (PM) and Repair of Material Handling Equipment Base Year: February 1, 2022 - January 31, 2023

PMs shall include: labor, parts, expendables, fluids, and trip charges to perform the requirements listed in the PM checklist. See Performance Work Statement (PWS) attached.

The contractor is responsible for capturing costs to complete the administrative process of manpower reporting. See PWS attached.

NET AMT

0001AA

Time - Unscheduled Maint/Repairs-Picatin T&M Hourly Rate The Quantity represents a ceiling, not to exceed amount.

FOB: Destination J039

TOT ESTIMATED PRICE

CEILING PRICE

0001AB

Materials - Ardec Picatinny Arsenal

This is NOT a priced CLIN. The Quantity represents a ceiling, not to exceed amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

TOT ESTIMATED PRICE

CEILING PRICE

0001AC

Trip Charge - Unscheduled Maint/Repair

Round trip from contractor’s business to commissary and return.

NET AMT

0001AD

1R05-A, Electric Pallet Jack-Ardec Picat

Semi-Annual Preventive Maintenance

NET AMT

0001AE

1R06, Electric Forklift -Ardec Picatinny

Semi-Annual Preventive Maintenance

NET AMT

Selfridge ANGB Commissary MHE

Preventive Maintenance (PM) and Repair of Material Handling Equipment Base Year: February 1, 2022 - January 31, 2023

PMs shall include: labor, parts, expendables, fluids, and trip charges to perform the requirements listed in the PM checklist. See Performance Work Statement (PWS) attached.

The contractor is responsible for capturing costs to complete the administrative process of manpower reporting. See PWS attached.

NET AMT

0002AA

Time - Unscheduled Maint/Repairs-Selfrid

Hourly Rate The Quantity represents a ceiling, not to exceed amount.

TOT ESTIMATED PRICE

CEILING PRICE

0002AB

Materials - Selfridge ANGB

This is NOT a priced CLIN. The Quantity represents a ceiling, not to exceed amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

TOT ESTIMATED PRICE

CEILING PRICE

0002AC

Trip Charge - Unscheduled Maint/Repair

Round trip from contractor’s business to commissary and return.

NET AMT

0002AD

1R05-A, Electric Pallet Jack-Selfridge

Semi-Annual Preventive Maintenance

NET AMT

0002AE

1R06, Electric Forklift -Selfridge ANGB

Semi-Annual Preventive Maintenance

NET AMT

0002AF

1R07, Narrow Aisle Fork -Selfridge ANGB

Semi-Annual Preventive Maintenance

NET AMT

FFP

Preventive Maintenance (PM) and Repair of Material Handling Equipment Option Year One: February 1, 2023 - January 31, 2024

PMs shall include: labor, parts, expendables, fluids, and trip charges to perform the requirements listed in the PM checklist. See Performance Work Statement (PWS) attached.

The contractor is responsible for capturing costs to complete the administrative process of manpower reporting. See PWS attached.

NET AMT

1001AA

T&M Hourly Rate The Quantity represents a ceiling, not to exceed amount.

TOT ESTIMATED PRICE

CEILING PRICE

1001AB

This is NOT a priced CLIN. The Quantity represents a ceiling, not to exceed amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

TOT ESTIMATED PRICE

CEILING PRICE

1001AC

FFP

Round trip from contractor’s business to commissary and return.

NET AMT

1001AD

FFP

Semi-Annual Preventive Maintenance

NET AMT

1001AE

FFP

Semi-Annual Preventive Maintenance

NET AMT

FFP

Preventive Maintenance (PM) and Repair of Material Handling Equipment Option Year One: February 1, 2023 - January 31, 2024

PMs shall include: labor, parts, expendables, fluids, and trip charges to perform the requirements listed in the PM checklist. See Performance Work Statement (PWS) attached.

The contractor is responsible for capturing costs to complete the administrative process of manpower reporting. See PWS attached.

NET AMT

1002AA

T&M Hourly Rate The Quantity represents a ceiling, not to exceed amount.

TOT ESTIMATED PRICE

CEILING PRICE

1002AB

This is NOT a priced CLIN. The Quantity represents a ceiling, not to exceed amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

TOT ESTIMATED PRICE

CEILING PRICE

1002AC

FFP

Round trip from contractor’s business to commissary and return.

NET AMT

1002AD

FFP

Semi-Annual Preventive Maintenance

NET AMT

1002AE

FFP

Semi-Annual Preventive Maintenance

NET AMT

1002AF

FFP

Semi-Annual Preventive Maintenance

NET AMT

FFP

Preventive Maintenance (PM) and Repair of Material Handling Equipment Option Year Two: February 1, 2024 - January 31, 2025

PMs shall include: labor, parts, expendables, fluids, and trip charges to perform the requirements listed in the PM checklist. See Performance Work Statement (PWS) attached.

The contractor is responsible for capturing costs to complete the administrative process of manpower reporting. See PWS attached.

NET AMT

2001AA

T&M Hourly Rate The Quantity represents a ceiling, not to exceed amount.

TOT ESTIMATED PRICE

CEILING PRICE

2001AB

This is NOT a priced CLIN. The Quantity represents a ceiling, not to exceed amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

TOT ESTIMATED PRICE

CEILING PRICE

2001AC

FFP

Round trip from contractor’s business to commissary and return.

NET AMT

2001AD

FFP

Semi-Annual Preventive Maintenance

NET AMT

2001AE

FFP

Semi-Annual Preventive Maintenance

NET AMT

FFP

Preventive Maintenance (PM) and Repair of Material Handling Equipment Option Year Two: February 1, 2024 - January 31, 2025

PMs shall include: labor, parts, expendables, fluids, and trip charges to perform the requirements listed in the PM checklist. See Performance Work Statement (PWS) attached.

The contractor is responsible for capturing costs to complete the administrative process of manpower reporting. See PWS attached.

NET AMT

2002AA

T&M Hourly Rate The Quantity represents a ceiling, not to exceed amount.

TOT ESTIMATED PRICE

CEILING PRICE

2002AB

This is NOT a priced CLIN. The Quantity represents a ceiling, not to exceed amount where DeCA will pay actual costs for parts as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services.

TOT ESTIMATED PRICE

CEILING PRICE

2002AC

FFP

Round trip from contractor’s business to commissary and return.

NET AMT

2002AD

FFP

Semi-Annual Preventive Maintenance

NET AMT

2002AE

FFP

Semi-Annual Preventive Maintenance

NET AMT

2002AF

FFP

Semi-Annual Preventive Maintenance

NET AMT

DELIVERY INFORMATION

31-JAN-2023

BUILDING 3323

PICATINNY ARSENAL NJ 07806-5000

201-724-2918

HQCNE8

31-JAN-2023

HQCNE8

31-JAN-2023

HQCNE8

31-JAN-2023

HQCNE8

31-JAN-2023

HQCNE8

31-JAN-2023

PATRICIA MCGILPIN

BUILDING 701

SELFRIDGE ANG BASE MI 48045-5011

(586) 239-4286

HQCCAS

31-JAN-2023

HQCCAS

31-JAN-2023

HQCCAS

31-JAN-2023

HQCCAS

31-JAN-2023

HQCCAS

31-JAN-2023

HQCCAS

31-JAN-2024

BUILDING 3323

PICATINNY ARSENAL NJ 07806-5000

201-724-2918

HQCNE8

31-JAN-2024

HQCNE8

31-JAN-2024

HQCNE8

31-JAN-2024

HQCNE8

31-JAN-2024

HQCNE8

31-JAN-2024

PATRICIA MCGILPIN

BUILDING 701

SELFRIDGE ANG BASE MI 48045-5011

(586) 239-4286

HQCCAS

31-JAN-2024

HQCCAS

31-JAN-2024

HQCCAS

31-JAN-2024

HQCCAS

31-JAN-2024

HQCCAS

31-JAN-2024

HQCCAS

31-JAN-2025

BUILDING 3323

PICATINNY ARSENAL NJ 07806-5000

201-724-2918

HQCNE8

31-JAN-2025

HQCNE8

31-JAN-2025

HQCNE8

31-JAN-2025

HQCNE8

31-JAN-2025

HQCNE8

31-JAN-2025

PATRICIA MCGILPIN

BUILDING 701

SELFRIDGE ANG BASE MI 48045-5011

(586) 239-4286

HQCCAS

31-JAN-2025

HQCCAS

31-JAN-2025

HQCCAS

31-JAN-2025

HQCCAS

31-JAN-2025

HQCCAS

31-JAN-2025

HQCCAS

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

ADDENDUM TO FAR 52.212-1

(a) North American Industry Classification System (NAICS) code and small business size standard: The applicable NAICS to this solicitation is 811310 and the Size Standard is $7.5 million. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

(b) Submission of Offers: Proposals are to be submitted to the Defense Commissary Agency (DeCA), Supply/Equipment Acquisition Division DeCA/LEAE, ATTN: Willie Moye, 1300 E Avenue, Fort Lee, Virginia 23801-1800. You may send to the fax number: 804-734-8009 (Press pause button 2 times) then 78643 or email to willie.moye@deca.mil. The complete proposal with authorized representative’s signature must be received by the closing date and time annotated within this solicitation.

Failure by the offeror to submit all of the requirements may be cause for the proposal to be rejected with no further consideration given.

(b)(2) By submission of a proposal: Offeror acknowledges the requirement to register in Procurement Integrated Enterprise Environment (PIEE) and Wide Area Workflow (WAWF) prior to award. The successful awardee will be required to submit “combo invoices” in WAWF to facilitate the payment process. For more information on WAWF, please log in to https://wawf.eb.mil/xhtml/unauth/home/login.xhtml/. Offerors are encouraged to take the Web Based Training on the WAWF site if this is the first time providing a proposal to the government.

Offerors acknowledges the requirement to register in Electronic Document Access (EDA) prior to award. The successful awardee will use this site to receive and/or obtain the basic contract and any future modifications. For more information on EDA, please log in to https://eda2.ogden.disa.mil/pls/sso/EDA_MAIN.documentSelection via https://wawf.eb.mil/xhtml/unauth/home/login.xhtml.

Offerors are encouraged to review the Training Material on the EDA site if this is the first time providing a proposal

Offerors acknowledges the requirement to register in myInvoice prior to award. The successful awardee can use this site to review payment status for invoices. For more information on myInvoice, please log in to https://myinvoice.csd.disa.mil/ via https://wawf.eb.mil/xhtml/unauth/home/login.xhtml .https://wawf.eb.mil/. Offerors are encouraged to review the Instructions on the myInvoice site if this is the first time providing a proposal to the government.

(b)(4) Technical acceptability: Offerors shall submit a separate technical proposal, including attachments. It is imperative that your written technical proposal explicitly addresses all of the evaluation factors and sub-factors set forth under Technical Capability below. Each question should be addressed separately. The narrative must be written in a clear, concise fashion, describing precisely HOW the offeror proposes to perform the requirements. If you plan on subcontracting, provide information on your subcontractor(s) in each narrative. Please keep in mind the Limitations on Subcontracting as stated in FAR 52.219-14 when applicable.

Offerors are encouraged to arrange site visits to obtain detailed information regarding the equipment shown in the equipment list in the PWS. Arrangements should be made with the store director at each location. Store addresses and contact information can be found at http://www.commissaries.com/store_locator.cfm.

Technical specifications for the equipment covered by this requirement can be found on the Automated Commercial Equipment Description (ACED) website. Please reference the complete Commercial Equipment Description (CED) of the requested items at www.commissaries.com. Use the following instructions to navigate the website:

(1) Go to: www.commissaries.com

(2) To “Business with DECA”

(3) To “Equipment, Maintenance & Supply

(4) To “Automated Commissary Equipment Descriptions (ACED) is here”

(5) To “ACED”

(6) In “Apply” enter the CED number and search

(7) The CED will open for viewing/printing.

CED numbers, for Material Handling Equipment (MHE) covered by this requirement, can be found in the Performance Work Statement (PWS).

(b)(6) Price: Provide your best price for each line item and enter the total price for the maximum quantity for each line item. Enter all pricing for the base and option years. Do not price parts CLINs. We will use a predetermined amount as a place holder for systems purposes once the contract is awarded. The vendor will be paid for actual costs for materials as evidenced by supplier invoice for direct materials and supplies used to accomplish preventive maintenance and repair services supported by a copy attached to the invoice in Wide Area Workflow (WAWF).

Enterprise Wide Contractor Manpower Reporting (eCMRA) - Offerors should include the cost as part of your overall pricing submitted for base and option years.

(b)(8) Offerors must have certifications updated for the System for Award Management (SAM) at https://sam.gov/SAM/. SAM certifications must include the respective NAICS code found within the solicitation. The offeror only needs to complete paragraph (b) of FAR 52.212-3 and submit with their proposal if in SAM, if not in SAM then the offeror must complete FAR 52.212-3 in its entirety.

By submission of a proposal, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (refer to clause 52.204-7 System for Award Management (SAM)

(b)(10) Past Performance: Submit at least five (5) references from companies that you have conducted business with for services that are similar to those listed in this solicitation within the last three (3) years. You should notify the references that we will be contacting them to complete past performance surveys and that they should respond promptly. Include the following information for each reference:

(1) Name of Company

(2) Point of Contact Name and Title

(3) Phone Number/Email Address

(4) Facsimile Number

(5) Email Address

(6) Description of Services Provided

The references will be asked to provide information on your company’s past performance with regard to timeliness of service, repair history, and customer service/business relations. Any other past performance information available will also be considered. Please do not submit past performance references from DeCA Commissaries or DeCA HQ. DeCA will obtain past performance information from the commissaries and HQ.

Past performance references are due 7 days prior to the closing date of the solicitation.

Period for acceptance of offerors: 90 days.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Technical Acceptability of Service

Factor 2 – Past Performance

Factor 3 – Cost/Price

See 52.212-2 Addendum for additional information

Contractor's offer will be negotiated as required and the contracting officer will ensure technical acceptability of offered services. A contract will be awarded only if the prices of the individual items do not result in a cost to DeCA that exceeds the fair market price based on market research and past history.

Award will be made based on price and technical capability of the offeror. Offeror will be determined to be technically acceptable if their proposed service meet the minimum requirements/standards outlined in the performance work statement. Total evaluated price will be determined per contract line item (CLIN), by applying the offeror's unit price to the quantity per CLIN, and totaling all CLINs for the base and option years for a total evaluated price. Only one award is possible.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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"—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in…