M00146-15-T-X060.doc
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- Attached to
- Air Sampling Federal contract opportunity
- Solicitation number
- M00146-15-T-X060
- Issued by
- United States Marine Corps
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Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 176 |
| Each |
AIR SAMPLING SERVICE
FFP
AIR SAMPLE COLLECTION AND ANALYSIS IN ACCORANCE WITH THE PERFORMANCE WORK STATEMENT (SECTION C)
FOR THE PERIOD OF 1 SEPTEMBER 2015 THROUGH 31 AUGUST 2016.
JON: 7P1AF00 SHOP: 81100 COST CODE: 7P1AF0081100
MILSTRIP: N6592315SU00358
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Each |
EMERGENCY SAMPLING
FFP
EMERGENCY SAMPLINGS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (SECTION C).
FOR THE PERIOD OF 1 SEPTEMBER 2015 THROUGH 31 AUGUST 2016.
JON: 7P1AF00 SHOP: 81100. COST DOE: 7P1AF0081100
MILSTRIP: N6592315SU00358
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 176 |
| Each |
| OPTION |
| AIR SAMPLING SERVICE |
FFP
AIR SAMPLE COLLECTION AND ANALYSIS IN ACCORANCE WITH THE PERFORMANCE WORK STATEMENT (SECTION C)
FOR THE PERIOD OF 1 SEPTEMBER 2016 THROUGH 31 AUGUST 2017.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Each |
| OPTION |
| EMERGENCY SAMPLING |
FFP
EMERGENCY SAMPLINGS IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (SECTION C).
FOR THE PERIOD OF 1 SEPTEMBER 2016 THROUGH 31 AUGUST 2017.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 176 |
| Each |
| OPTION |
| AIR SAMPLING SERVICE |
FFP
FOR THE PERIOD OF 1 SEPTEMBER 2017 THROUGH 31 AUGUST 2018.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Each |
| OPTION |
| EMERGENCY SAMPLING |
FFP
FOR THE PERIOD OF 1 SEPTEMBER 2017 THROUGH 31 AUGUST 2018.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 176 |
| Each |
| OPTION |
| AIR SAMPLING SERVICE |
FFP
FOR THE PERIOD OF 1 SEPTEMBER 2018 THROUGH 31 AUGUST 2019.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Each |
| OPTION |
| EMERGENCY SAMPLING |
FFP
FOR THE PERIOD OF 1 SEPTEMBER 2018 THROUGH 31 AUGUST 2019.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 176 |
| Each |
| OPTION |
| AIR SAMPLING SERVICE |
FFP
FOR THE PERIOD OF 1 SEPTEMBER 2019 THROUGH 31 AUGUST 2020.
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Each |
| OPTION |
| EMERGENCY SAMPLING |
FFP
FOR THE PERIOD OF 1 SEPTEMBER 2019 THROUGH 31 AUGUST 2020.
Section C - Descriptions and Specifications
STATEMENT OF WORK
1.0 SCOPE. The Contractor shall collect and analyze 44 air samples from designated breathing air panel locations in the compressed air system each quarter, evaluate samples against grade D breathing air requirements and provide a report of the findings. The samples shall be collected from designated locations at the Fleet Readiness Center East, Cherry Point, NC. The Contractor shall provide all labor, parts, materials, equipment, freight, and transportation required to collect, analyze, and provide the reports.
2.0 APPLICABLE DOCUMENTS. The following documents of the issue in effect on date of invitation for bids or request for proposal form a part of the statement of work to the extent specified herein.
- OPNAVINST 5100.23G, Chapter 15 including references.
- Code of Federal Regulations 29 CFR 1910.134(i)
- Compressed Gas Association, Commodity Specification for Air, G-7.1-2011
- Drawings of the Breathing Air Panels will be provided upon contract award.
3.0 REQUIREMENTS.
3.1 Collection of Samples. The Contractor shall collect an air sample from each of the 44 designated breathing air panel locations each quarter for a total of 176 samples per year. Samples shall be collected on a weekday between 7:00 AM and 3:30 PM. Quarterly sampling shall occur during the months of July, October, January, and April. Note that vehicle access is available within 100 feet of each breathing air panel collection locations.
3.2 Scheduling. The Contractor shall notify the Safety and Occupational Health Office, (252) 464-9581, five working days prior to collecting samples, of the intent to come on site. At the same time, the Contractor shall provide the Government Badge and Decal Office, (252) 464-7397/9665, with all personnel information required to obtain a visitor’s pass allowing "NO ESCORT REQUIRED" badges to be issued when taking samples. A Government Safety and Occupational Health or Union representative may be present when samples are collected.
3.3 Location of breathing air panels. The Breathing Air Panel drawing will identify breathing air panel collection locations. Samples shall be collected from breathing air panel locations.
3.4 Analysis. The Contractor shall analyze the samples for conformance to Grade D air standards per Code of Federal Regulations 29 CFR 1910.134(i) and Compressed Gas Association, Commodity Specification for Air, G-7.1-2011. Condensed oil in each sample shall be measured in accordance with G-7.1 using weighed, dried, low micron rated glass-fiber filters. In addition, the water content of each sample shall be measured and listed in parts per million, dew point, and relative humidity.
3.5 Report. The Contractor shall provide a typed report listing the results of the analysis, for each sample, on an individual 8 1/2" X 11" sheet of paper. The reported results for each sample shall contain the building number and the breathing air panel asset number identifying where the sample was taken. In addition, the reported results shall clearly indicate the tests performed, an acceptable range for the parameters tested based on Grade "D" air, and the actual amount measured in the sample. The last line of each report shall state, "This sample meets (or does not meet - depending on test results) the Compressed Gas Association Air Specification G-7.1 for Grade "D" breathing air per OSHA 29 CFR 1910.134." The Contractor shall provide the test results within 10 working days after collecting the samples. If test results indicate a sample does not meet Grade "D" air requirements, the Contractor shall contact the FRC East, Cherry Point NC, Industrial Safety and Occupational Health Division Director, at, (252) 464-7015 immediately after obtaining the results. Reports shall be delivered by Federal Express mail to:
Commanding Officer
Attn: Respiratory Protection Program Manager, Code 7.10.1
Fleet Readiness Center East
PO Box 8021
| BREATHING AIR PANEL # |
| PLANNED ACCOUNT # |
| SERIAL NUMBER |
| 133BAP1 |
| 65923034896 |
| 33379 |
| 133BAP2 |
| 65923057181 |
| 395CP02 |
| 133BAP3 |
| 65923057197 |
| 395CP12 |
| 133BAP4 |
| 65923X32922 |
| 60478 |
| 133BAP5 |
| 65923031992 |
| 22066 |
| 137BAP1 |
| 65923057223 |
| 395CP04 |
| 137BAP10 |
| 65923057187 |
| 359CP10 |
| 137BAP11 |
| 65923057186 |
| 395CP11 |
| 137BAP12 |
| 65923057174 |
| 395CP06 |
| 137BAP2 |
| 65923057183 |
| 395CP26 |
| 137BAP3 |
| 65923057189 |
| 395CP08 |
| 137BAP4 |
| 65923057188 |
| 395CP09 |
| 137BAP5 |
| 65923071200 |
| 395CP17 |
| 137BAP6 |
| 65923057177 |
| 395CP28 |
| 137BAP7 |
| 65923057176 |
| 395CP29 |
| 137BAP8 |
| 65923057182 |
| 395CP33 |
| 137BAP9 |
| 65923057175 |
| 395CP27 |
| 139BAP1 |
| 65923071199 |
| 395CP18 |
| 1798BAP1 |
| 65923057225 |
| 395CP07 |
| 1798BAP2 |
| 65923057226 |
| 395CP19 |
| 1798BAP3 |
| 65923084691 |
| 395CP21 |
| 1798BAP4 |
| N65923X31839 |
| 52760 |
| 1798BAP5 |
| N65923X31840 |
| 52762 |
| 1798BAP6 |
| N65923X31837 |
| 52761 |
| 1798BAP7 |
| N65923X31838 |
| 52759 |
| 188BAP1 |
| 65923057225 |
| 395CP07 |
| 245BAP1 |
| 65923057221 |
| 21212 |
| 245BAP2 |
| 65923057220 |
| 395CP16 |
| 245BAP3 |
| 65923057219 |
| 395CP20 |
| 245BAP4 |
| 65923057180 |
| 395CP23 |
| 245BAP5 |
| 65923057185 |
| 395CP25 |
| 245BAP6 |
| 65923057184 |
| 395CP32 |
| 3766BAP1 |
| 65923043025 |
| 395CP31 |
| 3766BAP2 |
| 65923043026 |
| 395CP34 |
| 4032BAP1 |
| 65923081126 |
| 43545 |
| 4034BAP1 |
| N65923X30158 |
| 30045 |
| 4034BAP2 |
| N65923X30159 |
| 30044 |
| 4224BAP1 |
| 65923082601 |
| 50385 |
| 4224BAP2 |
| 65923X30211 |
| 30494 |
| 4224BAP3 |
| 65923034445 |
| 28355 |
| 4225BAP1 |
| 6592307120 |
| 395CP15 |
| 4808BAP1 |
| NO PA# ASSIGNED |
| 43266 |
| 4808BAP2 |
| NO PA# ASSIGNED |
| 43267 |
| 4808BAP3 |
| 65923X30350 |
| 43265 |
4.0 The Customer Point of Contact for this contract shall be 6.1.3.3, Industrial/In-Service Support Contract Acquisition/Procurement Division, Services Branch
a. Primary: Lynn Weeks, lynn.weeks@navy.mil, 252-464-5534
b. Alternative: Heather Unruh, heather.unruh@navy.mil, 252-464-5535
c. Alternative: Cynthia Willis, cynthia.l.willis@navy.mil, 252 464-8269
5.0 Labor Hour Reporting: In accordance with the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Part 5237.102-90 relating to Enterprise-wide Contractor Manpower Reporting Application (ECMRA):
5.1 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract the Fleet Readiness Center East, MCAS Cherry Point, NC 28533 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
(1) W, Lease/Rental of Equipment;
(2) X, Lease/Rental of Facilities;
(3) Y, Construction of Structures and Facilities;
(4) S, Utilities ONLY;
(5) V, Freight and Shipping ONLY.
5.2 The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mi l.
5.3 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.
Section E - Inspection and Acceptance
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 |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
| 1002 |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
| 2002 |
| Destination |
| Government |
| Destination |
| Government |
| 3001 |
| Destination |
| Government |
| Destination |
| Government |
| 3002 |
| Destination |
| Government |
| Destination |
| Government |
| 4001 |
| Destination |
| Government |
| Destination |
| Government |
| 4002 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| POP 01-SEP-2015 TO |
31-AUG-2016
| N/A |
| FLEET READINESS CENTER EAST |
LYNN WEEKS
CUNNINGHAM STREET
BLDG 159, BAY DOOR R4
CHERRY POINT NC 28533-5040
252-464-5534
FOB: Destination N65923
| 0002 |
| POP 01-SEP-2015 TO |
31-AUG-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 1001 |
| POP 01-SEP-2016 TO |
31-AUG-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 1002 |
| POP 01-SEP-2016 TO |
31-AUG-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 2001 |
| POP 01-SEP-2017 TO |
31-AUG-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 2002 |
| POP 01-SEP-2017 TO |
31-AUG-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 3001 |
| POP 01-SEP-2018 TO |
31-AUG-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 3002 |
| POP 01-SEP-2018 TO |
31-AUG-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 4001 |
| POP 01-SEP-2019 TO |
31-AUG-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
| 4002 |
| POP 01-SEP-2019 TO |
31-AUG-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N65923
Section G - Contract Administration Data
1.0 CONTRACT ADMINISTRATOR FOR THE GOVERNMENT
a) The following representative of the Contracting Officer shall be contacted for contract administration purposes:
NAME: Nicholas R. VonBargen
TELEPHONE: (252) 466-2786
DSN: 582-2786
e-mail: nicholas.vonbargen@usmc.mil
2.0 COMMUNICATIONS
a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.
b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.
c) A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.
d) The contact information for the Contracting Officer is:
Name:
Sherry L. Kelly Address:
MCIEAST Cherry Point Satellite Contracting Office
PSC Box 8018
Cherry Point, NC 28533-0018
Phone:(252) 466-2846 or (DSN) 582-2846 e-mail:sherry.kelly@usmc.mil
CLAUSES INCORPORATED BY REFERENCE
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
2 IN 1
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
N/A
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
N68732
Issue By DoDAAC
M00146
Admin DoDAAC
M00146
Inspect By DoDAAC
N65923
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
N65923
Service Acceptor (DoDAAC)
N65923
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Lynn.weeks@navy.mil
Melanie.toler@navy.mil
Amy.chadwick@navy.mil
Lelet.garcia@navy.mil
Joshua.hileman@navy.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Nicholas.vonbargen@usmc.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause) Section H - Special Contract Requirements
1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION AND THE FLEET READINESS CENTER EAST
1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point and the Fleet Readiness Center (FRC) East. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6 (attached).
1.2 Since this requirement requires the contractor to work onsite at FRC East for a period of more than 7 business days, the contractor shall complete the steps listed under paragraph 8.d of the attached and, as stated, provide the background information to Pass & ID at least 5 business days in advance of their visit. Background checks may be mailed to the following address, but must be mailed in sufficient time to allow for receipt at Pass & ID at least 5 business days prior to the individuals arrival:
Provost Marshall's Office
Attn. Pass & ID
PSC Box 8035
Marine Corps Air Station, Cherry Point, 28533
Backgrounds checks may not be submitted electronically. All other required documents must be provided to Pass & ID upon arrival at the Air Station.
1.3 The FRCE point of contact for this requirement is: Lynn Weeks, 252-464-5534, lynn.weeks@navy.mil
1.4 Additional information regarding access to the Air Station is available by phone at 252.466.3416. Additional information regarding access to the FRC East is available by phone at 252.464.7397 or by accessing the FRC East web-site at http://www.navair.navy.mil/frce/visinfo.html . Failure to submit the proper visit request information may result in denial of access to the facility.
1.5 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.
1.6 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.
2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL
Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.
3.0 WORK PERFORMED ON MARINE CORP INSTALLATIONS
3.1 The worked described herein shall be performed at the Fleet Readiness Center (FRC) East, Bldg. 133, MCAS Cherry Point, NC and shall be performed during the FRC East’s normal working hours, Monday through Friday 0630 to 1500, unless otherwise requested by the contractor and approved in advance by the Government.
3.2 During the course of contract performance the contractor, as a resident of the installation and facility, shall adhere to all rules and regulations in effect at Marine Corps Air Station Cherry Point and the FRC East. Contractors are required to comply with all Federal and North Carolina State Environmental, Security, and Safety Compliance requirements along with other command policies as stated in the FRC East Information Brochure. A copy of the brochure is available at http://www.navair.navy.mil/frce/visinfo.html under visitor information.
3.3 The contractor shall report any accidents or injuries occurring on site to the FRC East Safety Office via telephone to 252.464.7015.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.222-99 (Dev) |
| Establishing a Minimum Wage for Contractors (Deviation 2014-O0017) |
| JUN 2014 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| NOV 2013 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_XX__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
_XX__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
_XX___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (OCT 2014) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
_XX___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).
_XX___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_XX___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
_XX___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_XX___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_XX___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
_XX___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
_XX___ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_XX___ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-13.
____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
_XX___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_XX___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_XX___ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_XX____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_XX____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_XX____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_XX____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of clause)
252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-O0010)(FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(End of clause)
Section J - List of Documents, Exhibits and Other Attachments
Attachment 01:
Wage Determination No. 05-2393 (Rev.-17) dated 07/14/2015
Wage Determinations Online Website: http://www.wdol.gov/ Attachment 02:
Air Station Order (ASO) 5560.6 Visit Request
Section K - Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2015 |
| 52.222-22 |
| Previous Contracts And Compliance Reports |
| FEB 1999 |
| 52.222-25 |
| Affirmative Action Compliance |
| APR 1984 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
52.204-17 Ownership of Control of Offeror (Nov 2014)
(a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
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.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___ (Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.
“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.
“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.
“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 posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
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