M67001-14-Q-0201.doc

Section SF 1449 - CONTINUATION SHEET

DUST ABATEMENT

FFP

BASE PERIOD

Furnish and apply approved dust palliative to designated unpaved road and lot locations as specified in the Statement of Work.

FOB: Destination

MILSTRIP: MMP10014SSFF089

PURCHASE REQUEST NUMBER: MMP10014SSFF089

ESTIMATED

NET AMT

DUST ABATEMENT

OPTION ONE

Furnish and apply approved dust palliative to designated unpaved road and lot locations as specified in the Statement of Work.

FOB: Destination

MILSTRIP: MMP10014SSFF089

PURCHASE REQUEST NUMBER: MMP10014SSFF089

ESTIMATED

DUST ABATEMENT

OPTION TWO

Furnish and apply approved dust palliative to designated unpaved road and lot locations as specified in the Statement of Work.

FOB: Destination

ESTIMATED

SECTION B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INTENTION. The MCIEAST Contracting Department, Camp Lejeune, North Carolina has a requirement for services to provide dust abatement to various unpaved roads and lots aboard the Camp Lejeune Complex. Maintenance of unpaved roads requires a certain amount of dust control and road stabilization. The purpose of dust abatement/suppression treatments of unpaved roads is to control dust, stabilize road surfaces, improve the road surface thereby preventing deterioration, and to reduce maintenance costs. The dust abatement/suppression treatment is required due to weather and continued use of the roads and lots.

B.2 PERIOD OF PERFORMANCE. The anticipated award will be for a base period of 01 September 2014 (or time of award, whichever is later) through 31 May 2015, with provisions for two (2) option periods to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). An approved dust abatement product shall be applied.

B.3

SCHEDULE OF SUPPLIES/SERVICES:

SECTION C

PERFORMANCE WORK STATEMENT

FOR

DUST SUPPRESSION SERVICES – PUBLIC WORKS DEPARTMENT

C.1.

INTRODUCTION: The purpose of this solicitation and Performance Work Statement (PWS) is to establish a qualified source to furnish and apply dust abatement material to designated unpaved roads and lots aboard the Camp Lejeune, North Carolina Complex.

C.2.

BACKGROUND: The Camp Lejeune Public Works Department is responsible for the condition and maintenance of various unpaved roads aboard the Camp Lejeune Complex. The unpaved roads require dust control and road stabilization. The purpose of dust suppression is to control dust, stabilize and improve road surfaces thereby preventing deterioration, and to reduce maintenance costs.

C.3.

SCOPE: The scope of this proposed contract requires the Contractor to furnish and transport all labor, supervision, materials, tools, and equipment and perform all work necessary to fulfill the requirement. The unpaved roads and lots shall have a uniform spread of abatement material on the roads/lots and shall be covered to the specified width of approximately 30 feet wide. There shall be no overspray running into ditches or waterways. Unpaved roads shall be stabilized to control dust pollution (zero to almost no dust clouds) in accordance with the Performance Requirements Summary in paragraph C.4.7 below.

C.3.1 ACCEPTABLE PRODUCTS: Liquid calcium chloride (CaCl2), trade name Liquidow, was previously used for dust abatement aboard the installation for annual dust abatement. The Camp Lejeune Environmental Management Division (EMD) viewed the use of dust abatement products aboard the installation and has determined that liquid calcium chloride has minimal potential for environmental effects based on the chemical components and the history of the product’s use on the installation. Therefore, future use of liquid calcium chloride, or any other products in the salt/brines category such as magnesium chloride, requires no further environmental review.

Numerous dust abatement products are commercially available under various product names and constituents. Documented environmental concerns revealed during literature review prevent wholesale approval of these products by category. Therefore, Camp Lejeune EMD must individually review any proposed use of products, other than the salt/brines mentioned above, in order to determine whether they are acceptable for use on the installation. However, any proposed products containing waste oil components will not be considered for evaluation and are automatically disapproved by Camp Lejeune EMD.

C.4.

PERFORMANCE REQUIREMENTS

C.4.1.

GENERAL. The contractor shall furnish and transport all labor, supervision, materials, tools, and equipment required to perform the requirements described in this solicitation and resulting contract.

C.4.2 CONTRACTOR RESPONSIBILITY. The Contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with all applicable federal, state, and municipal laws, codes, and regulations in connection with the prosecution of the services under the resulting contract. The contractor shall furnish the following with each delivery:

a) Material Safety Data Sheet

b) Certificate of Compliance (see Attachment #1) or bill of lading if it contains the same information as the Certificate of Compliance, describing the product delivered. Certificate of each delivery must be presented prior to application of the product.

C.4.3 LOCATION OR DELIVERY. The contractor shall provide dust suppression treatment to the following unpaved roads as specified in the requirements:

C.4.4 PERIOD OF PERFORMANCE. The required period of performance is identified in Section B of the solicitation.

The actual delivery/application of product date is dependent upon road and weather conditions. All delivery/application schedules shall be coordinated with the Contracting Officer’s Representative (COR) for the contract. The contrctor shall provide the Contracting Officer’s Representative (COR) a minimum of a fourteen (14) notice of proposed schedule of dust application so that the affected Base activities can be notified and plan accordingly. Roads shall not be treated without the CORs approval.

HOURS OF OPERATION: Normal operating hours are 7:30 AM EST – 4:00 PM EST, Monday through Friday. Closed on weekends and Federal holidays.

C.4.5 GOVERNMENT OBSERVATIONS. Government personnel such as the Contracting Officer’s Representative, Environmental Inspectors, Contracting, etc., are authorized to observe Contractor operation. Observing personnel will not interfere with Contractor’s performance.

C.4.6 GOVERNMENT FURNISHED PROPERTY AND SERVICES. This requirement does not include Government Furnished Equipment or Material.

C.4.7 PERFORMANCE REQUIREMENTS SUMMARY (PRS). The performance standards for the Performance Work Statement are stated in the PRS below

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAY-2015

31-MAY-2016

31-MAY-2017

SECTION D

NOT APPLICABLE

SECTION E – INSPECTION AND ACCEPTANCE

E.1 ROLE OF CONTRACTING OFFICER’S REPRESENTATIVE (COR) FOR INSPECTION, ACCEPTANCE, AND OTHER DUTIES.

E.1.1 COR RESPONSIBILITIES. The COR performs surveillance and inspection of services required under this contract; determines the adequacy of Contractor performance per contract specifications; acts as the Government’s representative at the work site; ensures compliance with contract performance requirements; and advises the CONTRACT ADMINISTRATOR of any factors that may cause work performance delays. The COR cannot authorize deviations from contract requirements and specifications. The Contracting Officer will appoint a COR by position title or name for the below activity to help him in the discharge of his responsibilities when he is unable to be directly in touch with the contract performance.

Public Works Department

COR: WILL BE PROVIDED AT TIME OF AWARD

E.1.2

DOCUMENTS AND REPORTS REQUIRED FROM COR.

E.1.2.1 INVOICE. The COR will certify the Certificate of Compliance (or bill of lading) specified in Section F, Paragraph F.2.1.2 below, and forward it along to the Contract Administrator. The certified copy will also serve as a DD250 “Report of Product/Services Received”. Therefore, the COR shall state on the Certificate of Compliance or bill of lading that “all products/services were received and accepted for (state period of performance, i.e., 1 September 2014 – 31 March 2015), date and sign it.

E.1.2.2 UNACCEPTABLE PERFORMANCE. When performance does not meet specifications and requirements of this contract, written (letter, fax, or Email) documentation will be furnished explaining how performance is considered to be unacceptable. This documentation should state what specification(s) the Contractor is not performing (reference contract paragraph number(s), date, and time observed) and submit to the CONTRACT ADMINISTRATOR within two (2) work days of each occurrence. The Contracting Officer will promptly provide written notification of discrepancies. The Contractor will be given the opportunity to respond, in writing, to each discrepancy. The Contractor shall provide a written response to the cause and the corrective action to prevent recurrence within 15 working days after receipt of Contracting Officer’s notification. The Contractor shall cite specific quality assurance program procedures or new procedures instituted to prevent recurrence. The Contracting Officer will then take the appropriate action with the Contractor to remedy the substandard performance. When the performance is below the Acceptable Quality Levels (AQL) standard, the Government may implement increased surveillance, document poor performance history ratings, or begin termination for default procedures. The AQLs are identified in the PRS above in Section C, Paragraph C.4.7.

E.1.3 GOVERNMENT QUALITY ASSURANCE. The COR will evaluate the Contractor’s performance to assure contract requirements are met by the Contractor in accordance with the PRS.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Services shall be provided according to the specifications and requirements as defined in this solicitation/contract.

F.2 DELIVERABLES. The Contractor shall provide:

F.2.1 DOCUMENTS AND REPORTS REQUIRED. Contractor shall furnish documents and reports as required below.

F.2.1.1 MATERIAL SAFETY DATA SHEET (MSDS). The Contractor shall furnish MSDS for product offered. The MSDS shall be submitted with the quoters quote before the close date as well as provide a copy to the COR at each time dust abatement services are performed.

F.2.1.2 CERTIFICATE OF COMPLIANCE. The Contractor shall furnish with each delivery a Certificate of Compliance (see Attachment #1) or bill of lading if it contains the same information as the Certificate of Compliance, describing the product delivered. Certificate of each delivery must be presented prior to application of the product.

SECTION H

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 BASE ACCESS

H.1.1

BUSINESS ACCESS SECURITY REQUIREMENTS.

H.1.1 BUSINESS ACCESS DEFINITION. Contractor/subcontractor employees requiring installation access for periods from one day to one year to MCB, Camp Lejeune or MCAS New River, NC, must obtain a Business Access Identification Badge for that particular installation. Regularly scheduled delivery personnel, to include FEDEX, UPS, Pick-up and deliveries, should also follow the Business Access guidelines described below. Personnel requiring Business Access Identification Badges shall submit all documentation listed below. Badges are not required if the contracted position requires the employee to obtain a Common Access Card (CAC) which will be identified separately within the Government contract.

H.1.2 INSTALLATION SECURITY ACCESS REQUIREMENTS. Contractor shall accomplish the security requirements below within 10 days after award or prior to performance under the contract.

H.1.3 BUSINESS ACCESS IDENTIFICATION BADGE REQUIREMENT. The US Government will issue badges to contractor personnel without charge. Badges will be issued for one year or duration of contract whichever is less. In order to obtain a Business Access Identification Badge and access to MCB, Camp Lejeune, and satellite activities, or MCAS New River, all personnel providing services under this contract shall be required to present the documentation below to the following offices, as applicable:

MCB, Camp Lejeune, NC and its satellite activities. Report as follows:

1. Identification Card Center, 59 Molly Pitcher Road for badge (910-451-2727).

2. Vehicle Registration Office, 60 Molly Pitcher Road for vehicle decal (910-451-1158).

MCAS New River, NC. Report as follows:

1. S-4 (Facilities Office), Bldg AS-211 (1st Deck) for registration on contractor’s list (910-449-6310).

2. Pass and Identification Office, Bldg AS-211 (1st Deck) for badge and vehicle decal (910-449-5427/5428).

H.1.3.1 Photo ID. Valid state or federal issued picture identification card. Acceptable documents include state drivers license, DMV issued photo identification, or alien registration card.

H.1.3.2 Proof of Employee Citizenship or Legal Alien Status. Acceptable documents include birth certificate, Social Security Card, Immigration and Naturalization Service (INS) forms and passports.

H.1.3.3 Proof of Criminal Records Check. Proof of a criminal records check from the county or state where the employee has resided for the previous two years (or length of legal residence for foreign nationals in the U.S. for less than two years). Contractor employee background checks are conducted at Contractor’s expense. Acceptable sources for criminal records checks include: County Courthouse; Defense Security Service (www.dss.mil); and Infolink Screening Services, Inc. (www.infolinkscreening.com). Criminal records check shall be conducted annually prior to renewal of badges for reevaluation.

H.1.3.4 Denial of Access. Installation access shall be denied if it is determined that an employee:

a. Is on the National Terrorist Watch List.

b. Is illegally present in the United States.

c. Is subject to an outstanding warrant.

d. Has knowingly submitted an employment questionnaire with false or fraudulent information.

e. Has been issued a debarment order and is currently banned from military installations.

f. Is a Registered Sexual Offender and Convicted Felon (within the past 15 years); has a conviction of a drug crime within the past 5 years; and DUI within the last year.

H1.1.3.5 Appeal Process. All appeals should be directed to the Base Inspector’s Office for any individual that has been denied access to the Base.

H.1.3.6 Display and Disposition of Badges. Contractor employees shall prominently display their badges on their person at all times. Upon completion or termination of a contract or an individual’s employment, the Contractor shall collect and turn in badges to the Pass and ID Office from which it was issued. If the Contractor is unable to obtain the employee’s badge for whatever reason, the cognizant Pass and ID Office will be notified within 24 hours. During the contract performance period contractors will immediately report instances of lost or stolen badges to the issuing Pass and Identification Office.

H.1.3.7 Proof of Valid Government Contract. The Contracting Department shall submit a letter [on department letterhead] from the Contracting Officer to the Pass and Identification Office indicating location of contract work, contract period, and name of prime contractor. For subcontractors, the prime contractor will provide proof of employment on a valid Government contract (e.g., a letter [on company letterhead]) to include contract number and term.

H.2 CONTRACTOR SECURITY REQUIREMENT BUSINESS ACCESS VERIFICATION FORM. Upon completion of the above process, Contractor shall submit to the Contracting Office the Contractor Security Requirement Business Access Verification form (provided at time of award) filled out in its entirety.

H.3 CONTRACTOR AND SUBCONTRACTOR VEHICLE REQUIREMENTS. Each vehicle to be used in contract performance shall show the Contractor's or subcontractor's name so that it is clearly visible and shall always display a valid state license plate and safety inspection sticker. To obtain a vehicle decal, which will be valid for one year or contract period, whichever is shorter, Contractor or subcontractor vehicle operators shall provide:

a. A copy of the Contracting Officer’s authorization letter w/cc to PMO;

b. A valid form of Federal or state government I.D.;

c. If driving a motor vehicle, a valid driver’s license, vehicle registration and proof of insurance.

Upon completion/termination of this contract or an individual's employment, the Contractor shall collect and turn in to Vehicle Registration all Government vehicle decals. If any are not collected, the Contractor shall notify the Vehicle Registration Office within 24 hours.

H.4 CONTRACTOR AND SUBCONTRACTOR EMPLOYEE VEHICLE REQUIREMENTS. In order to obtain a vehicle decal for one year, the Contractor and subcontractor employees shall provide to the Vehicle Registration office:

a. A copy of the Contracting Officer’s authorization letter w/cc to PMO;

b. Proof of employment on a valid Government contract (e.g., a letter [on company letterhead] from the prime contractor including contract number and term);

c. A valid form of Federal or state government I.D.;

d. If driving a motor vehicle, a valid driver’s license, vehicle registration and proof of insurance.

Upon completion/termination of this contract or an individual's employment, the Contractor shall collect and turn in to Vehicle Registration all Government vehicle decals. If any are not collected, the Contractor shall notify the Vehicle Registration Office within 24 hours.

H.5 SECURITY CHECKS. Contractor personnel and vehicles shall only be present in locations relevant to contract performance. All Contractor personnel entering the base shall conform to all Government regulations and are subject to such checks as may be deemed necessary to ensure that violations do not occur. Employees shall not be permitted on base when such a check reveals that their presence would be detrimental to the security of the base. Subject to security regulations, the Government will allow access to an area for servicing equipment and/or performing required services. Upon request, the Contractor shall submit to the Contracting Officer questionnaires and other forms as may be required for security purposes.

H.6

CONTRACTING ID DOCUMENT REQUIREMENTS

· OFFICIAL GOVERNMENT CONTRACTOR LETTER FROM USMC OR NAVY WITH CONTRACT NUMBER AND EXPIRATION DATE

· OFFICIAL LETTER FROM COMPANY THAT WAS AWARDED CONTRACT, WITH CONTRACT NUMBER AND CONTRACT EXPIRATION DATE

· IF APPLIES, OFFICIAL SUBCONTRACTING COMPANY LETTER(S), WITH EMPLOYEE’S NAME AND MUST HAVE ORIGINAL SIGNATURE.

· NATIONWIDE BACKGROUND CHECK CONDUCTED WITHIN THE PAST 30 DAYS.

· THE BACKGROUND MUST HAVE THE PERSON’S GOVERNMENT NAME AND DOB

· MOST COMMON BACKGROUND COMPANIES

· SENTRYLINK

· INTEGRASCAN

· KROLL

· CRIMINAL WATCHDOG

· BACKGROUNDCHECKS.COM

· BACKGROUND CHECK COMPANIES NOT ACCEPTED

· ABI

· NET DETECTIVE

· CRIMINAL CBS

· BEEN VERIFIED

· US CRIMINAL CHECKS

· BACKTRACK

· FIRST ADVANTAGE

· TWO FORMS OF VALID IDENTIFICATION

· FIRST FORM MUST BE:

STATE IDENTIFICATION CARD OR A STATE DRIVER’S LICENSE

· SECOND FORM MUST BE:

SOCIAL SECURITY CARD, BIRTH CERTIFICATE, PASSPORT OR A PREVIOUSLY ISSUED GOVERNMEN CONTRACT ID CARD FROM OUR OFFICE OR A NEW RIVER’S OFFICE.

· NO OTHER FORMS ARE ACCEPTED

THESE REQUIREMENTS APPLY TO INITIAL REQUEST, RENEWALS AND EXTENSIONS

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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 (o) 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, for general statistical purposes, 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation…