15-T-C027.doc

Section SF 1449 - CONTINUATION SHEET

LEASE OF PARTS WASHER

FFP

30 GALLON CAPACITY (7 MACHINES) - 28 SERVICES

SAFETY KLEEN, MODEL 30150 OR EQUIVALENT

TWENTY EIGHT SERVICES ON SEVEN 30 GALLON PART WASHERS,

MILSTRIP: M5016915RCFYQ03

MAINTENANCE ON PARTS WASHER

MODEL $56150, FOUR SERVICES ON ONE 225 GALLON, GOVERNMENT OWNED PARTS WASHER

1 MACHINE - 4 SERVICES

LEASE OF PARTS WASHER

SAFETY KLEEN, MODEL 81150 OR EQUIVALENT

TWENTY EIGHT SERVICES ON SEVEN, 50 GALLONS PARTS WASHER

7 MACHINES , 28 SERVICES

LEASE OF PAINT CLEANER

SAFETY KLEEN MODEL 87020 OR EQUIVALENT

FOUR SERVICES ON, ONE PAINT CLEANER

1 MACHINE , 4 SERVICES

LEASE OF MINIMIZER SERVICE

SAFETY KLEEN MODEL 70930 OR EQUIVALENT,

EIGHT SERVICES ON TWO MACHINES

2 MACHINES, 8 SERVICES

LEASE OF PARTS WASHER

SAFETY KLEEN MODEL NO 250150 OR EQUIVALENT

TWENTY SERVICES ON FIVE 30 GALLON RECYLING PARTS WASHERS

5 MACHINES, 20 SERVICES

MAINTENANCE PARTS WASHER

MODEL # 52150,

TWO SERVICES ON ONE GOVERNMENT OWNED PARTS WASHER,

1 MACHINE , 2 SERVICES

STATEMENT OF WORK

SCOPE OF WORK FOR SAFETY KLEEN MACHINES

Contractor will perform routine scheduled onsite maintenance as follows. Machines shall be inspected for proper performance, cleaned, lubricate, and provide clean solvent as needed. Respond to customer calls, and trouble shoot problems on machines on site when possible. All waste generated from the cleaning activities will be manifested and transported for proper disposal.

This requirement is for the leasing, servicing and on-call maintenance of solvent and non-solvent parts cleaners, for regional sites located at Marine Corps Air Station, Beaufort, SC

The contractor shall furnish various types of parts cleaners and ancillary services. All parts washers shall be located at Marine Corps Air Station, Beaufort, SC.

The quote shall include separate prices for lease of the machines and for maintenance services. The price for lease shall include installations, relocations and removal. The price for service shall include maintenance, repair, cleaning solution, filtration system and/or filters, parts, and supplies. The service price shall also include the cost of removal/disposal of hazardous and non-hazardous materials as prescribed by current Environmental Protection Agency (EPA), Federal, State and local laws and codes, and other applicable regulations and directives.

PERIOD OF PERFORMANCE. The period of performance shall be for a basic period of twelve months:

24 September 2015 – 23 September 2016

DELIVERY. All pricing shall be FOB Destination. All machines shall be in place no later than 7 working days after contract award date. The Government will issue task orders for by locations separately for each location.

1. REQUIREMENT. The Contractor shall furnish all personnel, management, transportation, materials, parts, supplies, and equipment required to accomplish deliveries and performance as defined in this RFQ.

2.2.6

Identification and Listing of Hazardous Waste 2.2.2

2.2.6

2. PARTS CLEANERS.

Approved Manufacturers. Only machines that do not produce hazardous waste, as defined by 40 CFR 261, will be considered for use aboard MCAS BEAUFORT. Therefore, quoter shall include within quote, certified proof of testing results by an independent laboratory. Any and all testing shall be at the expense of the quoter.

2.2 Specifications.

2.2.1 All parts cleaners provided shall have a filtration system and/or filter(s) capable of filtering impurities out of the cleaning solution provided, thereby increasing the life of the cleaning solution. All parts cleaners provided that have a filtration system and/or filter(s) shall be capable of filtering at a minimum Beta value of 750 (AC Fine Dust Test) at 5 microns. The method of filtering shall be at the discretion of the manufacturer as long as the above filtering restrictions are met.

2.2.2 All solvent parts cleaners shall have low vapor pressure to control volatile organic compound (VOC) emissions, be non-photo chemically reactive, non-carcinogenic, and have the least number of constituents which would require regulation pursuant to the requirements of the Superfund Amendments and Reauthorization Act, Title III, Section 313; North Carolina Toxic Air Pollutants; and Title III of 1990 Clean Air Act Amendments, 40 CFR Part 261.

2.2.3 All parts cleaners shall also have an adjustable light beaming directly into the parts cleaner with flexible hoses and covers which shall shut-off automatically in case of fire.

2.2.4 The electrical power shall be a minimum of 115 volts, AC, 60 Hz, 3.5 amps.

2.2.5 Parts cleaners shall be installed allowing serial numbers to be visible without moving any equipment.

2.2.6 Parts cleaners with a capacity of 50 to 80 U.S. gallons shall be water based containing no volatile organic compounds (VOC), nitrates, amines, or phosphates; shall protect metals from rusting; be non-photo chemically reactive; non-carcinogenic; and have the least number of constituents which would require regulation pursuant to the requirements of the Superfund Amendments and Reauthorization Act, Title III of 1990 Clean Air Act Amendments, 40 CFR Part 261.

3. CLEANING SOLUTION.

3.1 Shall clean metal mechanical parts and equipment such as rifles and other ordnance. Cleaning solution shall be capable of cleaning other items and parts from various types of military and non-military equipment. The cleaning solution shall meet Military Performance Specification Mil-PRF-680 identified on the service schedule for each location (P-D-680 Type II or P-D-680 Type III) for military equipment and weapon systems cleaning. It shall have a flash point above 141 degrees Fahrenheit and below odor.

3.2 Shall be formulated for the removal of dirt, oil, grease, fuel, carbon, soot, etc.

3.3 Shall not leave any film or residue, after use, which would require additional cleaning and degreasing of items.

4.1 Parts Cleaner Installations, Service, Relocations, and Maintenance.

4.1.1 Parts Cleaner Installations, Relocations, and Removals. The Contractor shall provide labor, tools, equipment, and transportation required to install, relocate, and remove all parts cleaners.

4.1.2 Parts Cleaner Maintenance. The Contractor shall provide both routine and on-call maintenance service on all parts cleaners in accordance with the requested service interval listed in the contract line item description. The Contractor shall furnish all repair parts, labor, tools, equipment, and transportation required to accomplish inspecting, cleaning, lubricating, adjusting, calibrating, vacuuming (if required), and repairing items. Contractor shall maintain all equipment in this contract at levels necessary to provide the specified functions to meet the manufacturer's current equipment specifications and applicable Government regulations and directives. The contractor shall provide an annual report on all maintenance records for parts cleaners.

4.2 Cleaning Solution. The Contractor shall:

4.2.1 Upon initial installation, furnish new parts cleaners with sufficient amounts of new cleaning solution to operate them as prescribed by the manufacturer.

4.2.2 Replenish or replace cleaning solution, as needed, at each service interval to maintain parts cleaner operation as prescribed by the manufacturer. Total change out of the solvent cleaning solution shall only be done if the solution cannot be filtered clean by the parts cleaner.

4.2.3 Handle, transport, and dispose of all non-hazardous and hazardous cleaning solution per EPA, federal, state and local laws and codes, and other applicable regulations.

4.3 Filtration System and/or Filters. The Contractor shall:

4.3.1 Replace filters with new filters, as needed, at each service interval to maintain parts cleaner operation as prescribed by the manufacturer.

4.3.2 Handle, transport, and dispose of all non-hazardous and hazardous filters, per EPA, federal, state and local laws and codes, and other applicable regulations.

4.4 Additional Contractor Responsibilities.

4.4.1 License. The Contractor or subcontractor shall possess all necessary state and federal licenses and permits, which are required by EPA, federal, state and local laws and codes, and other applicable regulations, for the transport, treatment, storage and disposal of recyclable materials mentioned in this contract. The Contractor shall possess a valid state treatment/storage/disposal (TSD) permit if any co-mingling of solvent occurs within the state. All the above shall be kept current and updated throughout the entire term of the contract and during any resultant activity relating to the performance of the contract. A copy of any permit or license shall be provided to the COR within 48 hours of request.

4.4.2 The Contractor shall take proper safety and health precautions to protect Government and Contractor personnel, the public, and the property of others from hazardous waste exposure/contamination.

4.4.3 The Contractor, in the performance of this contract, shall comply with and give all stipulations and representations required by any applicable federal, state, municipal or local law or executive order, or applicable rules, orders, regulations or requirements of any Government department or bureau.

4.4.3.1 Citations against the Contractor for noncompliance with environmental standards are a matter for resolution between the Contractor and the issuing office. Payment of fines and/or penalty charges associated with citations issued by EPA, federal, state, or local officials shall be the responsibility of the Contractor and not made the subject of claims.

4.4.4 The Contractor shall perform contract services in a safe, efficient and lawful manner using trained and qualified personnel. Work shall be accomplished in strict conformity with the best commercial practices for this type of service.

4.4.5 The Contractor shall retain title to all parts cleaners, cleaning solutions, filters (if used), supplies, parts, etc.

4.4.6 The Contractor shall assume responsibility for any accidents involving cleaning solution, hazardous and non-hazardous materials, etc, unless the Government is proven to be at fault.

4.4.6.1 The Contractor is solely responsible for notification to the installations Fire Dept via 911 for all amounts that are above incidental spillage (drips). All cleanups of spills or leaks will be in accordance with all applicable federal, state, local and municipal laws and regulations. Cleanup will be performed at no cost to the Government. The Contractor will report all such spills or leaks, regardless of quantity, to the NREAO Representative upon discovery. A written follow-up report shall be submitted no later than 24 hours after the initial telephonic report.

4.4.7 The Contractor shall assume responsibility for any ground or water pollution resulting from a spill when the Contractor is handling, transporting, or disposing of cleaning solutions, filters, and other hazardous and non-hazardous materials. The Contractor shall clean up the pollution in accordance with EPA, federal, state and local laws and codes, and other applicable regulations, and pay all costs and expenses incurred.

4.4.8 The Contractor shall insure that all equipment used in the performance of this contract is in a safe and serviceable condition per manufacturer’s specifications.

4.5 Department of Transportation Requirements Hazardous Materials. The Contractor shall:

4.5.1 Utilize containers which meet Department of Transportation requirements (See 49 CFR 178) and requirements of 40 CFR 263.

4.5.2 Provide and prepare hazardous material manifests which shall be signed by a Government representative at the site prior to removing used cleaning solution or filters from the base, if required by current EPA regulations.

4.5.3 Mark and label containers that have hazardous materials in accordance with 40 CFR 262.

5.

LIABILITY. The Government will not be responsible in any way for the Contractor’s personal supplies, equipment, materials, or belongings brought into the buildings or on the grounds to perform services, except contractor owned parts cleaners. This includes loss or damage caused by fire, theft, hurricane, accident, or other disaster.

6.

CONTRACTOR UNAUTHORIZED WORK PERFORMANCE. The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without written approval of the CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

CONTRACTOR’S QUALITY CONTROL PROGRAM. The Contractor shall establish and maintain a complete quality control program to assure the requirements of the contract are provided as specified. When copies of these records are requested by the Government, the Contractor shall furnish them within (8) eight work hours after receiving notification. The Contractor's Quality Control Plan shall include:

6.1 An Inspection Plan covering all machines supplied via this contract. It must specify how the machines are to be inspected (either a scheduled or unscheduled basis), how often inspections shall be accomplished, and the title of the individual(s) who shall perform the inspections.

6.2 The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable.

6.3 Records of all inspections conducted by the Contractor and necessary corrective action taken.

6.4 A parts cleaner service work ticket log to account for the cleaning solution servicing, filtration system cleaning and/or replacement of filter(s) for parts cleaners. This log shall indicate the contract and delivery order number, parts cleaner serial number, unit, section, building number and date parts cleaner was serviced.

6.5 A parts cleaner delivery, relocation, and removal work ticket log. This log shall indicate the contract and delivery order number, parts cleaner serial number, unit, section, building number, and date parts cleaner was delivered, relocated, or removed.

6.6 A parts cleaner maintenance and repair work ticket log. This log shall indicate the contract and delivery order number, parts cleaner serial number, unit, section, building number, and date parts cleaner maintenance or repair was completed.

6.7

RECORDS.

At a minimum the following shall be made available to the NREAO Representative within 48 hours of request.

a. Work Ticket Logs for services, deliveries, relocations, removals, maintenance, and repairs.

b. EPA Form 8700-22 (REV 9-88) “Uniform Hazardous Waste Manifest”.

c. Completed Uniform Hazardous Waste Manifest forms, when required.

d. Listing of Quality Control Inspections by date and time.

e. Contractor’s Quality Control Records maintained by date and time as required by the Contractor’s Quality Control Plan.

7. DOCUMENTS AND REQUIRED REPORTS.

7.1 Machine Location and Service Report. The Contractor shall furnish a Machine Location and Service report, every month indicating the following for each parts cleaner: building location, unit, section and serial number; size of solvent tank and type of solvent used; service dates and serviced by; total number of gallons spent or clean when serviced. All reports shall be generated and delivered in electronic format to NREAO, Bldg. 1205, Marine Corps Air Station, Beaufort, SC 29904

7.2 Uniform Hazardous Waste Manifest. The Contractor shall furnish a legible hard copy of EPA Form 8700-22 "Uniform Hazardous Waste Manifest" on the date of service. The manifest shall reflect the total hazardous waste cleaning solution and filters collected and transported and all other information necessary to identify the user and location. Hazardous material manifests shall be signed by a NREAO representative authorized to sign manifests, located in Building 1205.

7.3 Material Safety Data Sheet (MSDS). A current MSDS shall be submitted to: NREAO, Bldg. 1205, Marine Corps Air Station, Beaufort, SC 29904 fir each type of cleaning solvent utilized in support of this contract. Contractor shall also furnish a current MSDS to the NREAO Office.

It shall be furnished immediately upon commencement of the service contract and within 30 calendar days of a change in formulation of cleaning solutions provided. The Material Safety Data Sheet shall identify all hazardous materials furnished by the Contractor.

7.4 OSHA Compliant Operating Instruction Labels. The Contractor shall provide parts cleaners with labeling which will instruct the operator(s) of the parts cleaners how to safely and properly operate them in accordance with OSHA 1910.145 and OSHA 1910.1200.

7.5 Work Ticket. A separate work ticket shall be required for each installation, relocation, removal, maintenance, and/or repair call for parts cleaners. The work ticket shall have a minimum of three parts and shall have clearly marked spaces for the required information. The Contractor shall submit a copy of the required service work ticket to the Contracting Officer’s Representative for approval within 10 business days after award. If not approved the contractor shall resubmit, with changes, until approved. Each resubmission shall be within three (3) business days of each rejection.

The Contractor shall clearly identify the service being performed. The organization representative will fill out the required Government information. The Contractor is responsible for filling out the required Contractor information. All information shall be written legibly in indelible ink. A copy of the service ticket shall be given to the customer for proof of service, at the completion of service. (A legible copy of the work ticket shall be submitted with the Contractor's invoices for each billing cycle

8.1 Hours of Operation. All contract deliveries and performance shall be accomplished during the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday (except holidays or emergencies observed by this base). The above hours may be changed by mutual agreement between the CONTRACTING OFFICER and the Contractor.

8.2 Observed Holidays. Federal holidays observed by this base are New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and other specifically designated days that are mutually agreed upon by the CONTRACT ADMINISTRATOR and the Contractor. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U. S. Government agencies.

8.3 Work Schedule Adjustments Due to Emergency Base Closures. In the event of a base closure due to national emergencies, inclement weather conditions (snow and ice storms, hurricanes, tornadoes, etc.) and other emergency situations, notification will be given by TV and radio announcements, telephone, verbal means, etc. Marine Corps Base, Camp Lejeune Information Systems telephone number for reporting instructions is 910-451-1717. Upon receiving notification by one of the above mediums that the base has returned to normal operations, the Contractor shall resume normal work hours.

8.4 Government Observations. Government personnel such as the Department of Defense Inspection Teams, Navy Auditors, Environmental Inspectors, Contracting, etc., are authorized to observe Contractor operation. Observing personnel will not interfere with Contractor’s performance.

8.5 Any repairs needed on contractor furnished equipment shall be performed within 48 hours after notification or at the next regular service call, whichever is sooner.

ECMRA

ECMRA

NMCARS SUBPART 5237.1—SERVICE CONTRACTS GENERAL

5237.102 Policy

5237.102(90)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for MAINTENANCE ON PARTS WASHERS via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.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. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

WAGE DETERMINATION

WD 05-2473 (Rev.-15) was first posted on www.wdol.gov on 06/25/2013

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2473

Diane C. Koplewski Division of | Revision No.: 15

Director Wage Determinations| Date Of Revision: 06/19/2013

State: South Carolina

Area: South Carolina Counties of Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Williamsburg

99000 - Miscellaneous Occupations

99711 - Recycling Specialist 16.09

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

27-SEP-2016

RALPH DAGIN

NREAO

BLDG. 1205

MCAS BEAUFORT SC 29904

843-228-6458

FOB: Destination M60169

27-SEP-2016

M60169

27-SEP-2016

M60169

27-SEP-2016

M60169

27-SEP-2016

M60169

27-SEP-2016

M60169

27-SEP-2016

M60169

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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)

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

(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:

This procurement is unrestricted..

The associated North American Industrial Classification System (NAICS) code for this requirement is 811310, commercial and industrial machinery and equipment repair and maintenance.

BASIS OF AWARD. The Government will solicit and award this contract using simplified acquisition procedures, in accordance with FAR Subpart 13.0. It is the Government's intention to issue a single firm-fixed price purchase order. The Government intends to award to the quoter who represents the Lowest Price Technically Acceptable (LPTA) quote. Quotes will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest price offeror to be unacceptable or non-responsive. In the event the Government determines the lowest price offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated .This process will continue until a technical proposal is determined to be acceptable.”

EVALUATION. Vendors responding to this announcement shall submit their quote in accordance with FAR 52.212-1. Technical acceptability will be based on the demonstrated ability to meet the technical requirements, including the delivery requirement. A mere statement that the vendor “will meet the Government’s requirements” is insufficient; the vendor must demonstrate how it will meet the requirement. Low Price Technically Acceptable (LPTA) will be evaluated on: (1) price; (2) technical specifications; and (3) delivery.

The Government will issue a firm fixed price purchase order. The Government intends to award a single purchase order for this requirement.

To ensure technical compliance with the requirements, vendor quotes shall include the following information:

A.. Vendor Specifications. The vendor’s quote shall provide a description of how the vendor will meet the Government’s requirements as stated above.

B Delivery Information. Clearly state if the quoter can meet the requested delivery of 28 September 2015 – 27 September 2016. If not then state delivery date.

SUBMISSION REQUIREMENTS. Quoters shall include:

1) Completed FAR provision 52.204-17 - Check appropriate box. No signature required but please put company name on document.

2) Completed FAR provision 52.212-3 - Check appropriate boxes at 52.212-3(b)(2) and (3) and put company name on document. If no changes are necessary, clearly state so in submission package.

3) Completed DFARS provision 252.209-7992 - Check appropriate boxes. No signature required but please put company name on document.

4) Technical Specifications

5) Delivery – meet requested delivery date of 28 September 2015 – 27 September 2016

6) Price

7) Provide the following information: CAGE Code and DUNS Number.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

(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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (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 ORCA.]

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] 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.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

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

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

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

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

(2) Foreign End Products:

(List as necessary)

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

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

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

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this…