M00318-15-T-0039_Air_Show_Power_Distribution_Solicitatoin.doc

Section SF 1449 - CONTINUATION SHEET

Generator Support

The set-up and operations of this event requires a power distribution network for the Air Show on MCB Hawaii. Power distribution is needed for food preparation, retail sales operations, public address systems, refrigeration systems and other miscellaneous equipment. There are no permanent physical power sources for connection, therefore, power supply will be provided through several portable generators of various output capabilities.

MILSTRIP: M0031215RCAX5AG

PURCHASE REQUEST NUMBER: M0031215RCAX5AG

ATTACHMENT 1: PWS

PERFORMANCE WORK STATEMENT

2015 AIRSHOW TEMPORARY ELECTRICAL SUPPORT

MARINE CORPS BASE HAWAII (MCBH)

1.0 SCOPE

The contractor shall provide reliable temporary electrical service to support all the electrical requirements for the airshow as requested by the Government to perform the required tasks for each service type described in this Performance Work Statement (PWS) for the Facilities Department, located in Marine Corps Base (MCB) Hawaii, Kaneohe Bay. MCB Hawaii is hosting an airshow on 16 through 18 October 2015.

1.1 CONTRACT OVERVIEW

The requirement is for a firm-fixed price type contract. The requirement is to develop a power distribution network design, equipment and material requirements and power source to support the 2015 Blue Angels Air Show. The contractor will supply all materials required and will establish the power distribution system, to include but not limited to all electrical components, electrical panels, distribution boxes, cabling, connectors, grounding devices, cords, for a whole system. The vendor will also be responsible for supplying the source of power through the use of portable "whisper-quiet" generators. These generators will be rented, thereby returned to the contractor at the conclusion of the event.

2.0 APPLICABLE DIRECTIVES/ACRONYMS

2.1 DIRECTIVES

DoDINST 8500.2 Information Awareness (IA) Implementation Marine Corps Base Order 11240.9A Marine Corps Order P11240.106B SECNAVINST M-5510.30 Department of the Navy Personnel Security Program Reference

2.2 ACRONYMS

AQL

Acceptable Quality Level

COR

Contracting Officer’s Representative

DFWP

Drug Free Workplace

DGR

Designated Government Representative

DISCO

Defense Industrial Security Clearance

DoD

Department of Defense DoDINST

Department of Defense Instruction DoN

Department of the Navy DoNCAF

Department of the Navy Central Adjudication Facility e-QIP

Electronic Questionnaire for Investigations Processing

FAD

Facility Access Determination

FAR

Federal Acquisition Regulation

FSO

Facility Security Officer

GME

Garrison Mobile Equipment

IA

Information Awareness

IAW

In Accordance With

IPR

In-Process Review

KO

Contracting Officer

MCBH

Marine Corps Base Hawaii

MS

Microsoft

NACI

National Agency Check and Inquiries

NACLC

National Agency Check, Local Agency Check and Local Credit Check

NISP

National Industrial Security Program

OPM

Office of Personnel Management

OPNAVINST

Office of the Chief of Naval Operations Instruction

PII

Personally Identifiable Information

PKI

Public Key Infrastructure

POV

Privately-Owned Vehicle

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QAE

Quality Assurance Evaluator

QC

Quality Control

SECNAV

Secretary of the Navy

SBU

Sensitive But Unclassified

SCI

Sensitive Compartmented Information

UPH

Unaccompanied Personnel Housing

USCIS

U.S. Citizenship and Immigration Service

USMC

United States Marine Corps

3.0 PERFORMANCE REQUIREMENT/TASKING

3.1.1 Task 1: Power Distribution System. The contractor will supply all materials required and will establish a power distribution system including all electrical components, electrical panels, distribution boxes, cabling, connectors, grounding devices, cords, etc. to provide reliable temporary electrical service to support all the electrical requirements for the airshow. The breakout for the power requirements are as follows:

Aqua

Media #2

Media #4

1EA

No Power Needed

Supp Own Power

Bringing Back-Up Generator

Own Generator

Dedicated For Waymatic

Dedicated For Waymatic

Own Generator

No Power Needed

Atm Mobile Trailer

Pa Equipment

Charging Station

3.1.2 TASK 1 PERFORMANCE GOALS:

a. The contractor shall ensure uninterrupted service is provided throughout the duration of the event.

b. Unexpected power failures shall be responded to immediately and worked continuously until power is restored. Any backup equipment utilized in the event of a primary failure shall be at no additional cost to the Government.

c. The vendor will also be responsible for supplying the source of power through the use of portable

"whisper-quiet" generators.

d. The contractor shall provide fuel for the generators.

e. The contractor shall provide a finalized implementation plan by 28 September 2015.

4.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Task or Deliverable Performance Standard

Method Performance Measure

5.0 PERIOD OF PERFORMANCE

28 September 2015 - 19 October 2015

6.0 WORK HOURS/PERSONNEL, SHIFT SCHEDULES

Temporary power service for airshow related requirements is required from 0700 to 1900 each day starting 14 October 2015 to 18 October 2015. The units identified as requiring 24 hour service will need power beginning at 1600, 13 October 2015 until 2200 19 October 2015.

7.0 PLACE OF PERFORMANCE

MCB Hawaii, Box 63082, Kaneohe Bay, Hawaii 96863-3002. Place of performance will at the MCB Hawaii airfield.

8.0 WORK ENVIRONMENT AND PHYSICAL DEMANDS

Work will be performed in an outdoor setting/environment.

9.0 Contract Security Requirement

In all cases, each contractor employee shall comply with the HSPD-12 E-Verify Federal Acquisition Regulations FAR Clause 52.222-54, Employment Eligibility Verification.

In all cases, each contractor employee shall comply with all applicable DoD security regulations and procedures during the performance of this task order. Contractor shall not disclose and shall safeguard procurement sensitive information, computer systems and data, privacy act data, For Official Use Only (FOUO) information, and all government personnel work products that are obtained or generated in the performance of this task order. The contractor employee shall take all lawful steps available to ensure that information provided or generated pursuant to this arrangement is protected from further disclosure unless the agency provides written consent to such disclosure.

All contract personnel will be sponsored by their COR for a Base Access Pass issued through PMO’s Pass and ID Section – the contractor will be subjected to local and national records checks; a favorable review of these checks is a condition of Base access and employment.

10.0 CONTRACTOR IDENTIFICATION

Contracting personnel shall identify themselves as "contractors" when attending meetings, answering Government telephones, or working in situations where their actions could be construed as official government acts. The Contractor shall ensure that their employee(s) display(s) his or her name and the name of the company while in the work area, and include the company's name in his or her email display.

11.0 SAFETY

The contractor is solely responsible for compliance of all safety regulations of employees while working on government owned facilities. All accidents which may arise out of, or in connection with, performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant Contracting Officer's Representative (COR) within twenty-four hours of such occurrence.

Reports shall provide full details of the accident, including statements from witnesses. The fore-going procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.

12.0 SMOKING/DRUG/ALCOHOL POLICY

12.1 Smoking/Alcohol Policy: The contractor shall comply with local command smoking policies and workforce requirements. The contractor shall also comply with all Federal drug-free workplace and work force requirements and local command policies. Copies of the applicable policy will be provided to the contractor by the local command Administrative Officer (AO) at performance start date.

12.2 Drug Policy: The contractor shall comply with all applicable Federal statutes, laws, and regulations to implement a Drug Free Workplace Program (DFWP).

13.0 EMPLOYMENT OF FEDERAL EMPLOYEES: The contractor shall not employ or enter into a contract with any person to perform work under this contract who is an employee of the United States Government, either military or civilian, unless such person receives approval IAW applicable Federal, Navy and DoD regulations.

14.0 LANGUAGE REQUIREMENTS: All contractor personnel shall be sufficiently competent in reading, writing, speaking, and understanding English to perform the work.

15.0 PERSONNEL CONDUCT: The selection, assignment, reassignment, transfer, supervision, management, and control of contractor personnel employed to perform tasks specified herein shall be the responsibility of the contractor. The contractor shall be responsible for the performance and conduct of contractor and subcontractor employees at all times. Personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the installation shall abide by the security regulations listed in the contract and shall be subject to such checks by the Government as deemed necessary. The contractor shall not employ for performance under this contract any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

16.0 PERSONNEL COMPLIANCE: The contractor shall ensure that contractor employees observe and comply with all local and higher authority policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, energy conservation, flag courtesy, “off limits” areas, and possession of firearms or other lethal weapons. When two or more directives or instructions apply, the contractor shall comply with the more stringent of the directives or instructions.

17.0 PERSONNEL REMOVAL: Government rules, regulations, laws, directives, and requirements that are issued during the term of the performance period relating to law and order, installation administration, and security shall be applicable to all contractor employees and representatives who enter the installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site or installation. Removal of employees does not relieve the contractor from the responsibility for the work defined in this contract. The contractor is expected to provide support services despite personnel removal or other unforeseen condition.

17.1 Removal by Commanding Officer, MCB Hawaii The Commanding Officer, MCB Hawaii may, at his discretion, bar an individual from the installation under the authority of 18 USC 1382 (1972), for conduct that is determined to be contrary to unfavorable determination, discipline, or installation security and safety.

17.2 Removal Requested by Contracting Officer (KO): The KO may require the contractor to remove an employee working under this contract for reasons of misconduct or security violations. Contractor employees shall be subject to dismissal from the premises upon determination by the KO that such action is necessary in the interest of the Government.

17.3 Removal by Military Police: Contractor employees may be denied entry to or may be removed from the installation by Military Police if it is determined that the employee’s presence on the installation may be contrary to discipline, or installation security and safety.

18.0 PERSONAL APPEARANCE:

Contractor personnel shall comply with local military commander’s published dress codes. A copy of the dress code will be provided upon request.

19.0 MEETINGS AND BRIEFINGS (If applicable)

19.1 Requested Meetings: When requested by the designated government representative (DGR), the contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings. Frequency may be weekly, monthly or as otherwise required.

19.2 Meeting Attendees: Meeting attendees shall include contractor managerial, supervisory, and/or other personnel knowledgeable of the subject matter.

19.3 Management and Administration: The Contracting Officer (KO) has ultimate authority for administration of this contract. The KO may delegate authority through various appointed representatives, including, but not limited to, the COR, technical assistants, one or more technical monitors, and other Government representatives associated with specific functions.

20.0 INTERACTION WITH OTHER ACTIVITIES:

Government Personnel: Government and contractor personnel will be working in common areas. Contractor performance shall not interfere with Government work in the area where service or maintenance work is being performed. In the event the contractor believes that Government and other contractor personnel are interfering with the performance of the tasks described in this PWS, the contractor shall notify the DGR immediately. The contractor is obligated to continue performance of the effort described in this task order unless there is authorization from the KO or DGR/COR to stop work. Failure by the contractor to notify the DGR and receive necessary instructions could result in denial of any additional costs incurred in performance of the contract under such conditions.

21.0 VEHICLE AND EQUIPMENT OPERATION

21.1Privately-Owned Vehicle (POV) Permits: Contractor personnel using POVs on DoD installations shall have proper permits for entry onto the installations. All vehicles, private or contractor-owned, shall comply with the vehicle operation regulations that govern installations. All vehicles are subject to search while on DoD installations. Only licensed contractor personnel shall operate vehicles on DOD installations. Vehicles shall be operated IAW local and state laws as well as installation specific traffic regulations.

21.2Privately-Owned Vehicle (POV) Parking: The contractor shall utilize on-station POV parking in authorized areas. The Government reserves the right to change parking arrangements at any time.

21.3Traffic Accident Report Requirements: The contractor shall report to Base Security, within one hour, any traffic accident involving contractor personnel that occurs on base, whether in the performance of this PWS or commuting in their POVs, IAW OPNAVINST 5102.1 series, OPNAVINST 5100.23 series, and other applicable local instructions. The contractor shall supply a copy of any on-base traffic accident report to the DGR within five workdays after each occurrence. The contractor shall also provide the DGR a copy of any report of an off-base traffic accident that involves contractor personnel in the performance of this PWS within five workdays after each occurrence.

21.4 Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations or accidents that occur in the performance of work under this contract.

21.5 Accidents: The contractor is solely responsible for compliance of all safety regulations of employees while working on government own facilities. All accidents which may arise out of, or in connection with, performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant COR within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The fore-going procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.

22.0 NON-PERSONAL SERVICE STATEMENT

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the performance work statement. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

23.0 GOVERNMENT MANAGEMENT OVERSIGHT

Government management will provide general instructions on limitations and deadlines. Additional instructions shall be provided for any unusual assignments or those that vary from established procedures. The contractor’s employees will independently carry out the assignments. Completed work shall spot-checked by Government management for adherence to procedures, accuracy, and completeness.

24.0 TECHNICAL POINT OF CONTACT AND INSPECTION AND ACCEPTANCE

24.1 The Contracting Officer's Technical Assistants under this Task Order and the person responsible for performing inspection and acceptance of the contractor’s performance at the destination) are the:

Captain Cyrus Pattermann at 808-257-5841, E-mail: cyrus.pattermann@usmc.mil.

25.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) REQUIREMENTS

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Facilities Department, Marine Corps Base Camp Smith Hawaii, via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ 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, beginning with 2014. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/

ATTACHMENT 2: SOLICT NOTES

1. See FAR clause 52.212-2, Evaluation, for information on evaluation criteria and how the Offeror's proposal will be evaluated.

2. See FAR 52.212-1 provision, Instructions to Offerors, and the Addendum to provision FAR 52.212-1 for instructions and required submittals.

3. See CLIN 0001 and the attached PWS for information on the technical requirement.

4. The successful offeror shall be required to invoice in accordance with the attached WAWF invoicing instructions.

Attachment 1: PWS

Attachment 2: Solicitation Instructions

Attachment 3: ADDENDUM TO FAR PROVISION 52.212-1 site visit Attachment 4: Airfield Map

ATTACHMENT 3: ADDENDUM

ADDENDUM TO FAR PROVISION 52.212-1

INSTRUCTIONS TO OFFERORS FOR RFQ M00318-15-T-0039

1. Offerors shall submit only one (1) offer in response to this RFQ. Therefore, the Offeror’s submission should demonstrate the optimal capability in response to the requirements. Offers for the services to be provided shall be electronically submitted by e-mail, hand-carried or mailed and received at the following location by 10:00 AM HAWAII STANDARD TIME (HST), 24 August 2015:

Commanding Officer, Marine Corps Base Hawaii

Attn: GySgt Byron Moody

Regional Contracting Office Hawaii

2nd Street, Building 209

MCBH Kaneohe Bay, HI 96863-3063

(808) 257-0093 Offerors are advised that proposals sent by conventional US Mail service are not routed directly to the above address. Therefore, the possibility that a proposal will not comply with the stated closing date/time exists; in such case the proposal will be considered a “late submission.” Offerors who choose to send their submission via the US Postal Service (USPS) should address their proposals to the address specified in Box # 9 on Page 1 of this solicitation. The physical address specified above should be utilized for delivery in person and mailing by an express mail service such as Fedex and UPS.

All questions shall be submitted, in writing via e-mail, to GySgt Byron Moody at byron.moody@usmc.mil by 3:00 PM Hawaii Standard Time, 14 August 2015. The Government does not anticipate extending the due date for receipt of proposals, therefore, review the RFQ and these instructions thoroughly so all of your concerns/questions can be addressed.

2. Site Visit.

A site visit is scheduled to be held on 13 August 2015 at 0900 aboard Marine Corps Base Hawaii. Instructions to the site will be provided when the prospective bidders RSVP. Interested firms are limited to two attendees each and shall contact GySgt Byron Moody (byron.moody@usmc.mil) by e-mail no later than 1200 on 12 August 2015 (HST), providing, at a minimum, the following information: (1) company name, (2) attendees’ names, (3) a valid contact phone number, and (4) driver’s license (or picture ID) numbers for each attendee.

Although the final deadline for submission of questions is 3:00 PM Hawaii Standard Time, 14 August 2015, interested parties are encouraged to submit questions in writing prior to the site visit. All questions asked during the site visit will be answered on an informal basis. Only questions submitted in writing will be formally addressed and documented via an amendment to the solicitation. Please Note: Remarks and explanations made at the site visit will not be binding on the Government. The solicitation’s terms and specifications will remain as stated herein unless amended through a written amendment to the solicitation.

Potential offerors are urged to attend the site visit, where services are to be performed. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

3. Offerors shall submit the following with their proposal:

(a) RFQ – M00318-15-T-0039. A completed and signed copy of the solicitation indicating agreement to the provisions and clauses therein. Each offeror shall also provide a price breakdown of the proposed price for the services required.

(b) A completed Offeror Representations and Certifications (52.212-3). An offeror shall complete only paragraph (j) of FAR 52.212-3 Offeror Representations and Certifications – Commercial Items Alternate I if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certificates electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(c) Technical Approach in accordance with the Performance Work Statement (PWS). Describe in detail your company's approach to meeting all of the tasks required by the PWS. In particular, give specific examples of your company's prior experience in fulfilling similar tasks. Elaborate on any processes, procedures, or systems used in supporting similar tasks required by this PWS. Offerors should submit an approach that is sound, and reflects a thorough understanding of the PWS. Submit a plan in sufficient detail which demonstrates how you will staff your operations with sufficient personnel possessing the training and qualifications required in the PWS to ensure contract requirements are met. Contractors plan shall also include a list of tools, equipment and vehicles to be used in order ensure contract requirements are met.

Offerors shall submit a consecutive list of three (3) relevant references in regards to past and present performance. Emphasis should be placed on programs similar in scope, reflecting relevant experience within the last five (5) years. For all listed contracts, provide the following information:

a. Contracting Agency

b. Contract Number

c. Brief description of contract effort (service)

d. Period of Performance

e. Total contract value

f. Contracting Officer’s name, address, and telephone number

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

MICHAEL M. LEE

BASE HAZARDOUS WASTE ACCUMULATION SITE

BLDG 6407 & 6409

KANEOHE HI 96860-3062

257-9913 X27

FOB: Destination M00318

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

Award will be made to the Lowest Price Technically Acceptable (LPTA) responsive responsible offeror with acceptable past performance. The technical factors are as follows:

1. Implementation Plan: The implementation plan shall describe in detail the vendors approach to meeting all of the tasks required by the PWS.

2. Prior Experience: Offerors shall have a list of three (3) projects within the past five (5) years on the same or larger scale.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

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. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

[The offeror shall check the category in which its ownership falls]:

___ 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) 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…