HTC71123RC003 Kuwait ATGHS RFP.docx

HTC71123RC003

Section SF 1449 - CONTINUATION SHEET

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$172,200.00

$24,000.00

$8,000.00

$20,000.00

$24,000.00

$8,000.00

$20,000.00

$24,000.00

$8,000.00

$20,000.00

$24,000.00

$8,000.00

$20,000.00

$24,000.00

$8,000.00

$20,000.00

$12,000.00

$4,000.00

$10,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Familiarization Training T&M 1 July 2023 - 30 September 2023: This is a NOT TO EXCEED (NTE) CONTRACT LINE ITEM NUMBER (CLIN) and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $172,200. Cost of travel and per diem for contractor personnel (up to 20 personnel per day) to attend familiarization training at Joint Base Charleston, South Carolina in accordance with (IAW) attached Performance Work Statement (PWS) Paragraph 3.5.1. Travel and per diem shall be billed IAW the Joint Travel Regulations (JTR). The Contractor shall submit documentation to support all expenses identified on the invoices for charges submitted under this CLIN.

FOB: Destination V999

TOT ESTIMATED PRICE

CEILING PRICE

Basic Monthly Services

FFP

Air Terminal and Ground Handling Services at Cargo City Kuwait International Airport, Kuwait - IAW attached PWS.

NET AMT

GFE Repairs

This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $24,000. Cost of Materials Handling Equipment (MHE) and Aerospace Ground Equipment (AGE) repairs IAW PWS Paragraph 1.7.19.; heavy-duty highline dock repairs IAW PWS Paragraph 1.7.21.; 463L pallet scale repair and calibration IAW PWS Paragraphs 1.7.22. and 1.7.23.; and repairs to equipment other than MHE and Vehicles IAW Appendix C-2. Contractor labor costs are included under the basic monthly service CLIN 1001. All estimates and reimbursement for repairs performed require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

A/C Engine Run Tows

This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $8,000. Towing Services to/from Kuwait City International Airport Aircraft Engine Run-up parking spots and lease of space at the Engine Test Run location IAW PWS Paragraph 1.8.6.2. All reimbursement for roundtrip towing services and use of the engine run-up area require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

AMC Stage Aircraft Svc

This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $20,000. Lavatory Service for AMC Stage Aircraft IAW PWS Paragraph 1.2.6.2. The Contractor shall submit documentation to support all expenses identified on the invoices for changes submitted under this CLIN.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

Air Terminal and Ground Handling Services at Cargo City Kuwait International Airport, Kuwait - IAW attached PWS.

NET AMT

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $24,000. Cost of Materials Handling Equipment (MHE) and Aerospace Ground Equipment (AGE) repairs IAW PWS Paragraph 1.7.19.; heavy-duty highline dock repairs IAW PWS Paragraph 1.7.21.; 463L pallet scale repair and calibration IAW PWS Paragraphs 1.7.22. and 1.7.23.; and repairs to equipment other than MHE and Vehicles IAW Appendix C-2. Contractor labor costs are included under the basic monthly service CLIN 1001. All estimates and reimbursement for repairs performed require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $8,000. Towing Services to/from Kuwait City International Airport Aircraft Engine Run-up parking spots and lease of space at the Engine Test Run location IAW PWS Paragraph 1.8.6.2. All reimbursement for roundtrip towing services and use of the engine run-up area require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $20,000. Lavatory Service for AMC Stage Aircraft IAW PWS Paragraph 1.2.6.2. The Contractor shall submit documentation to support all expenses identified on the invoices for changes submitted under this CLIN.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

Air Terminal and Ground Handling Services at Cargo City Kuwait International Airport, Kuwait - IAW attached PWS.

NET AMT

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $24,000. Cost of Materials Handling Equipment (MHE) and Aerospace Ground Equipment (AGE) repairs IAW PWS Paragraph 1.7.19.; heavy-duty highline dock repairs IAW PWS Paragraph 1.7.21.; 463L pallet scale repair and calibration IAW PWS Paragraphs 1.7.22. and 1.7.23.; and repairs to equipment other than MHE and Vehicles IAW Appendix C-2. Contractor labor costs are included under the basic monthly service CLIN 1001. All estimates and reimbursement for repairs performed require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $8,000. Towing Services to/from Kuwait City International Airport Aircraft Engine Run-up parking spots and lease of space at the Engine Test Run location IAW PWS Paragraph 1.8.6.2. All reimbursement for roundtrip towing services and use of the engine run-up area require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $20,000. Lavatory Service for AMC Stage Aircraft IAW PWS Paragraph 1.2.6.2. The Contractor shall submit documentation to support all expenses identified on the invoices for changes submitted under this CLIN.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

Air Terminal and Ground Handling Services at Cargo City Kuwait International Airport, Kuwait - IAW attached PWS.

NET AMT

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $24,000. Cost of Materials Handling Equipment (MHE) and Aerospace Ground Equipment (AGE) repairs IAW PWS Paragraph 1.7.19.; heavy-duty highline dock repairs IAW PWS Paragraph 1.7.21.; 463L pallet scale repair and calibration IAW PWS Paragraphs 1.7.22. and 1.7.23.; and repairs to equipment other than MHE and Vehicles IAW Appendix C-2. Contractor labor costs are included under the basic monthly service CLIN 1001. All estimates and reimbursement for repairs performed require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $8,000. Towing Services to/from Kuwait City International Airport Aircraft Engine Run-up parking spots and lease of space at the Engine Test Run location IAW PWS Paragraph 1.8.6.2. All reimbursement for roundtrip towing services and use of the engine run-up area require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $20,000. Lavatory Service for AMC Stage Aircraft IAW PWS Paragraph 1.2.6.2. The Contractor shall submit documentation to support all expenses identified on the invoices for changes submitted under this CLIN.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

Air Terminal and Ground Handling Services at Cargo City Kuwait International Airport, Kuwait - IAW attached PWS.

NET AMT

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $24,000. Cost of Materials Handling Equipment (MHE) and Aerospace Ground Equipment (AGE) repairs IAW PWS Paragraph 1.7.19.; heavy-duty highline dock repairs IAW PWS Paragraph 1.7.21.; 463L pallet scale repair and calibration IAW PWS Paragraphs 1.7.22. and 1.7.23.; and repairs to equipment other than MHE and Vehicles IAW Appendix C-2. Contractor labor costs are included under the basic monthly service CLIN 1001. All estimates and reimbursement for repairs performed require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $8,000. Towing Services to/from Kuwait City International Airport Aircraft Engine Run-up parking spots and lease of space at the Engine Test Run location IAW PWS Paragraph 1.8.6.2. All reimbursement for roundtrip towing services and use of the engine run-up area require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $20,000. Lavatory Service for AMC Stage Aircraft IAW PWS Paragraph 1.2.6.2. The Contractor shall submit documentation to support all expenses identified on the invoices for changes submitted under this CLIN.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

Air Terminal and Ground Handling Services at Cargo City Kuwait International Airport, Kuwait - IAW attached PWS.

Six-Month Extension: 1 October 2028 - 31 March 2029

NET AMT

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $12,000. Cost of Materials Handling Equipment (MHE) and Aerospace Ground Equipment (AGE) repairs IAW PWS Paragraph 1.7.19.; heavy-duty highline dock repairs IAW PWS Paragraph 1.7.21.; 463L pallet scale repair and calibration IAW PWS Paragraphs 1.7.22. and 1.7.23.; and repairs to equipment other than MHE and Vehicles IAW Appendix C-2. Contractor labor costs are included under the basic monthly service CLIN 1001. All estimates and reimbursement for repairs performed require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $4,000. Towing Services to/from Kuwait City International Airport Aircraft Engine Run-up parking spots and lease of space at the Engine Test Run location IAW PWS Paragraph 1.8.6.2. All reimbursement for roundtrip towing services and use of the engine run-up area require proof of service required or rendered to include invoices and receipts.

TOT ESTIMATED PRICE

CEILING PRICE

T&M This is an NTE CLIN and is a direct reimbursable CLIN. All costs under this CLIN shall be in accordance with the PWS and must be approved in advance and shall at no time exceed the total NTE amount of $10,000. Lavatory Service for AMC Stage Aircraft IAW PWS Paragraph 1.2.6.2. The Contractor shall submit documentation to support all expenses identified on the invoices for changes submitted under this CLIN.

TOT ESTIMATED PRICE

CEILING PRICE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2023

PRESCOTT, MATTHEW

402 SCOTT DR UNIT 2A2

SCOTT AFB IL 62225-5308

618-229-2536

F3SF37

30-SEP-2024

F3SF37

30-SEP-2024

F3SF37

30-SEP-2024

F3SF37

30-SEP-2024

F3SF37

30-SEP-2025

F3SF37

30-SEP-2025

F3SF37

30-SEP-2025

F3SF37

30-SEP-2025

F3SF37

30-SEP-2026

F3SF37

30-SEP-2026

F3SF37

30-SEP-2026

F3SF37

30-SEP-2026

F3SF37

30-SEP-2027

F3SF37

30-SEP-2027

F3SF37

30-SEP-2027

F3SF37

30-SEP-2027

F3SF37

30-SEP-2028

F3SF37

30-SEP-2028

F3SF37

30-SEP-2028

F3SF37

30-SEP-2028

F3SF37

31-MAR-2029

F3SF37

31-MAR-2029

F3SF37

31-MAR-2029

F3SF37

31-MAR-2029

F3SF37

CLAUSES INCORPORATED BY REFERENCE

AFFARS 5352.223-9001

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

AFFARS 5352.242-9000

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS ( OCT 2019 )

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [ insert any additional requirements to comply with local security procedures ] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [ insert any additional requirements to comply with AFI 31-101 , Integrated Defense, and DODMAN5200.02_AFMAN 16-1405 , Air Force Personnel Security Program ] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

AFFARS 5352.242-9001

COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL ( OCT 2019 )

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer. The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.

(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

(f) Failure to comply with these requirements may result in withholding of final payment.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"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 its field of operation, 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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, 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 for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(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--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(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 to the Equal Opportunity clause of this solicitation, and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.