RFQ_M6700118Q1078.docx

M6700118Q1078

Section SF 1449 - CONTINUATION SHEET

Analysis of Wastewater

FFP

Analyze samples collected weekly from the final effluent discharge of the Marine Corps Base Camp Lejeune Wastewater Treatment Plant for Total Nitrogen. Additionally, sample analysis will be required for samples collected twice a month from April - October from 9 sites on the New River.According to the Performance Work Statement.

FOB: Destination

MILSTRIP: MMP10018SSFX006

PURCHASE REQUEST NUMBER: MMP10018SSFX006

NET AMT

Analysis of Wastewater

Quarterly analysis of wastewater Chronic Toxicity utilizing Method 1007 Mysid Shrimp, Americamysis Bahia - Survival and Growth Test. Test is conducted as Pass/Fail Test with 0 and 5% dilutions. Lab must be North Carolina certified in Environmental Protection Agency Method Number EPA-821-R-02-014.According to the Performance Work Statement.

FOB: Destination

NET AMT

Analysis of Wastewater

Analyze samples collected twice per month from the final effluent discharge of the Marine Corps Base Camp Lejeune Wastewater Treatment Plant for Oil and Grease.According to the Performance Work Statement.

FOB: Destination

NET AMT

Analysis of River Water

Analyze samples collected twice per month from April - October from 9 sites on the New River for Chlorophyll-a.According to the Performance Work Statement.

FOB: Destination

NET AMT

Analysis of Drinking Water

Quarterly analysis of 3 drinking water systems and annual analysis of 1 drinking water system for Total Trihalomethanes and Haloacetic Acids in compliance with the Stage 2 Disinfection Byproducts Rule and according to the Performance Work Statement.

FOB: Destination

MILSTRIP: MMP10018SSFX002

PURCHASE REQUEST NUMBER: MMP10018SSFX002

NET AMT

Analysis of Drinking Water

Monthly analysis of 5 drinking water systems for Method 8330 Explosives + PETN and Nitroglycerin and Method 331 or 332 for Perchlorate.According to the Performance Work Statement.

FOB: Destination

NET AMT

Analysis of Drinking Water

Monthly analysis of 5 drinking water systems for VOCs and full SOC list.According to the Performance Work Statement.

FOB: Destination

NET AMT

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

for

WATER SAMPLE ANALYSIS

1. Background. Marine Corps Base (MCB) Camp Lejeune conducts monitoring of Wastewater and Drinking Water as required by and in accordance to applicable state and federal regulations. Wastewater monitoring is conducted at MCB Camp Lejeune’s advanced wastewater treatment plant (WWTP) effluent and select locations within the New River. Drinking water samples are collected from five (5) different drinking water treatment plants and distribution systems aboard the MCB Camp Lejeune. MCB Camp Lejeune’s Environmental Laboratory Section (ELS) is responsible for collecting all samples for submittal to an outside testing laboratory for analysis. All testing laboratories must be certified by the state of North Carolina (NC) for analysis of compliance samples.

2.0 Objective. Provide laboratory services for the analysis of water samples as described in the Performance Work Statement (PWS). Contractor shall furnish all materials and sampling supplies to include transportation of materials to and from the Government location by way of local pick-up or return shipping labels. It shall be the responsibility of the contractor to ensure testing laboratories meet certification requirements and provide such certificates to the Government.

3.0 Wastewater Sample Analysis.

3.1 Total Nitrogen in Wastewater

3.1.1 Environmental Laboratory Section personnel will collect a weekly sample from the final effluent discharge of the MCB Camp Lejeune WWTP. Additionally, samples will be collected twice a month from nine (9) sites on the New River from April through October. Collectively, there will be a total of 178 samples per year sent to the testing laboratory for analysis.

3.1.2 Testing laboratory must maintain a NC Wastewater/Groundwater (WW/GW) certification and be on their list of approved laboratories for the contaminants being analyzed for.

3.1.3 Contractor shall provide all sample bottles, packing materials and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the government location. Materials shall be received by the Environmental Laboratory Section ELS 10 days prior to the anticipated collection event.

3.1.4 Test procedures will be based on Standard Methods (SM) for the Examination of Water and Wastewater – SM 4500 NO3 E and SM 4500-NH3 or Environmental Protection Agency (EPA) Method 351.2 and EPA Method 353.2.

3.1.5 Results will be reported as Total Kjeldahl Nitrogen (TKN) mg/L, Nitrate+Nitrite Nitrogen (NO3+NO2) mg/L and Total Nitrogen mg/L, with a reporting limit of no greater than 0.5mg/L.

3.1.6 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

3.2 Chronic Toxicity in Wastewater

3.2.1 Personnel will collect quarterly samples from the final effluent discharge of the MCB Camp Lejeune Wastewater Treatment Plant and send them to the testing laboratory for analysis. Sampling will be conducted in April 2018, July 2018, October 2018 and January 2019.

3.2.2 Testing laboratory must maintain a NC Wastewater/Groundwater (WW/GW) certification and be on their list of approved laboratories for the contaminants being analyzed for. Testing laboratory must be certified to conduct testing under EPA-821-R-02-014 Method 1007, the only approved method for compliance purposes for the Chronic Mysidopsis Bahia Survival and Growth Test.

3.2.3 Contractor shall provide all sample bottles, packing materials and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the government location. Materials shall be received by the Environmental Laboratory Section ELS 10 days prior to the anticipated collection event

3.2.4 Test procedures will be based on EPA Method 1007, Mysid, Mysidopsis Bahia, Survival, Growth and Fecundity Test. NOTE: Collected samples must be shipped to testing laboratory using overnight delivery. Procedure will be performed as written with the following exceptions:

3.2.4.1 The test treatments will consist of a control and a 5% effluent concentration (“pass/fail”) or a control and five effluent concentrations, one of which will be 5% and one of which will be 2.5%.

3.2.4.2 Mortality for pass/fail will be evaluated using the test described in Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms.

3.2.4.3 The growth endpoint for pass/fail tests will be determined using directions found in Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms.

3.2.5 Results will be reported as Total Kjeldahl Nitrogen (TKN) mg/L, Nitrate+Nitrite Nitrogen (NO3+NO2) mg/L and Total Nitrogen mg/L, with a reporting limit of no greater than 0.5mg/L.

3.2.6 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

3.3 Oil and Grease in Wastewater

3.3.1 Environmental Laboratory Section ELS personnel will collect samples twice a month, for a total of 24 samples per year, from the final effluent discharge of the MCB Camp Lejeune WWTP and send them to the testing laboratory for analysis.

3.3.2 Testing laboratory must maintain a NC Wastewater/Groundwater (WW/GW) certification and be on their list of approved laboratories for the contaminants being analyzed for.

3.3.3 Contractor shall provide all sample bottles, packing materials and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the government location. Materials shall be received by the Environmental Laboratory Section ELS 10 days prior to the anticipated collection event.

3.3.4 Test procedures will be based on EPA Method 1664A or 1664B for Oil and Grease with a reporting limit of no greater than 5.0 mg/L.

3.3.5 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

3.4 Chlorophyll-a Analysis for Compliance with NPDES Permit Requirements

3.4.1 Environmental Laboratory Section ELS personnel will collect samples twice a month from nine (9) sites within the New River during the months of April – October. A total of 126 samples will be collected per year and sent to the testing laboratory for analysis.

3.4.2 Testing laboratory must maintain a NC Wastewater/Groundwater (WW/GW) certification and be on their list of approved laboratories for the contaminants being analyzed for.

3.4.3 Contractor shall provide all sterilized filters, petri dishes and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the government location. Materials shall be received by the Environmental Laboratory Section ELS 10 days prior to the anticipated collection event.

3.4.4 Test procedures will be for Chlorophyll-a, corrected for pheophytin and analyzed by conventional fluorometric method with acidification using either EPA Method 445.0 or SM 10200 H.3. Samples will not be field filtered. Samples will be chilled upon collection and then filtered by Environmental Laboratory Section ELS personnel. Filters will then be shipped to testing laboratory for analysis. The reporting limit required for analysis is 1.0 mg/L.

3.4.5 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

4.0 Drinking Water Sample Analysis.

4.1 Trihalomethanes and Haloacetic Acids in Drinking Water

4.1.1 ELS personnel will collect samples from 18 sites on a quarterly basis and four (4) sites annually, for a total of 76 samples per year, and send them to the testing laboratory for analysis.

4.1.2 Testing laboratory must be certified by the NC Department of Health and Human Services (NCDHHS) to test drinking water for compliance for the contaminants specified in Table 1 and be in compliance with all other North Carolina Department of Environmental Quality (NCDEQ) and EPA mandated Quality Assurance/Quality Control (QA/QC) program requirements to keep and maintain its certification.

4.1.3 Contractor shall provide all sample bottles, packing materials and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the Government location. Materials shall be received by the ELS 10 days prior to the anticipated collection event.

4.1.4 Testing laboratory shall analyze samples for the contaminants shown in Table 1 using designated Method Code(s) and required reporting limits.

4.1.5 Results of drinking water samples identified as compliance samples shall be reported to the NC Public Water Supply Section (PWSS) in electronic format. Results identified as special samples (i.e. noncompliance) shall be reported to the Government only.

4.1.6 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

Table 1.

4.2 Explosive Constituents in Drinking Water

4.2.1 ELS personnel will collect five (5) samples monthly, for a total of 60 samples per year, and send them to the testing laboratory for analysis.

4.2.2 Testing laboratory shall follow and meet the QA/QC requirements for the performance of tests, where available, as stated in the referenced test method.

4.2.3 Contractor shall provide all sample bottles, packing materials and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the Government location. Materials shall be received by the ELS 10 days prior to the anticipated collection.

4.2.4 Testing laboratory shall analyze samples for the contaminants shown in Table 2 using designated Method Code(s) and required reporting limits.

4.2.5 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

4.2.6 Sample analysis shall be completed within three (3) weeks of sample receipt.

Table 2.

Nitroaromatics & Nitramines: Explosives (SW 846 Method 8330)

Nitroaromatics & Nitramines: Explosives (SW 846 Method 8330) cont.

Perchlorate (EPA Method 331.0, 332.0, or SW 6850)

4.3 VOCs/SOCs in Drinking Water

4.3.1 ELS personnel will collect five (5) samples monthly, for a total of 60 samples per year, and send them to the testing laboratory for analysis.

4.3.2 Testing laboratory must be certified by the NCDHHS to test drinking water for compliance for the contaminants specified in Table 3 and be in compliance with all other NCDEQ and EPA mandated Quality Assurance/Quality Control (QA/QC) program requirements to keep and maintain its certification.

4.3.3 Contractor shall provide all sample bottles, packing materials and coolers necessary for collecting and transporting samples intact and uncontaminated including shipment to and from the Government location. Materials shall be received by the ELS 10 days prior to the anticipated collection event.

4.3.4 Testing laboratory shall analyze samples for the contaminants shown in Table 3 using the approved methods listed in 40 CFR 141.24 and required reporting limits.

4.3.5 Results of drinking water samples identified as compliance samples shall be reported to the NC Public Water Supply Section (PWSS) in electronic format. Results identified as special samples (i.e. noncompliance) shall be reported to the Government only.

4.3.6 Final reports shall include a completed Chain of Custody (CoC) and Laboratory Supervisor signature certifying the adequacy and accuracy of procedures and test results and at a minimum results of all analytical methods including: non-detections, name and address of the system supplying the sample, analytical methods used, date of sample collection and date of sample analysis. Submit to the Government within two (2) weeks of receipt of samples.

Table 3.

SOCs

VOCs

VOCs (cont.)

5.0 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Necessary materials shall be received 10 days prior to collection event.

Final reports submitted to the Government within (2) two weeks of receipt of samples with all required signatures.

Chronic Toxicity collected samples shipped to testing laboratory using overnight delivery 3.1.3 3.2.3 3.3.3 3.4.3 4.1.3 4.2.3 4.3.3

3.1.6 3.2.6 3.3.5 3.4.5 4.1.6 4.2.5

3.2.4

All necessary materials received 10 days prior to collection event.

Signed reports received by the Government within (2) two weeks of receipt of samples.

Collected samples to testing laboratory received overnight delivery 100%

100%

100%

Materials not received 10 days prior to the collection event will be sent via next day carrier at the contractor’s expense.

Signed reports sent as soon as available; Reduce the contract price to reflect the reduced value of the services performed.

Samples not received overnight will be resubmitted and tested at the contractor’s expense.

6.0 Necessary Materials. Sample bottles and necessary materials shall be sent to the following address:

EMD Laboratory

Attn: Lauren Acosta

Bldg. FC436 Gonzalez Blvd.

Camp Lejeune, NC 28542

7.0 Submission of Results. All compliance labeled sample results shall be submitted directly to the North Carolina Department of Environmental Quality (NCDEQ) or the North Carolina Department of Health and Human Services (NCDHHS) in accordance with applicable State and Federal regulations.

7.1 The contractor must provide immediate notification to the Government following any drinking water sampling exceedance of a regulated Maximum Contaminant Level (MCL).

7.2 Electronic submittals of all final sampling reports shall be sent to the following email addresses:

To be provided at time of award.

8.0 CONTRACTOR’S 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 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.

9.0 BASE ACCESS/RAPID GATE PROGRAM.

Marine Corps Installations East - Marine Corps Base Camp Lejeune , and Marine Corps Air Station New River and Marine Corps Air Station Cherry Point have implemented the new RAPIDGate program intended to enhance installation access control. However, RAPIDGate contains significant changes that may affect contractor’s and their employee’s access to these installations. In order to gain access to Marine Corps Base (MCB), Camp Lejeune and/or Marine Corps Air Station (MCAS), New River, Marine Corps Air Station (MCAS), Cherry Point non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the National Crime Information Center (NCIC) Interstate Identification Index (III) is the installation's minimum background check for access to MCB, Camp Lejeune and/or MCAS, New River for non-Common Access Card holders, to include entrance of visitors.

MCB, Camp Lejeune MCAS, New River and MCAS Cherry Point apply the following non-Federal Government cardholder criteria to determine the authorized type of access control credentials:

a. Contractors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

b. Sub-Contractors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

c. Vendors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

d. Suppliers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

e. Service Providers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

f. Delivery Personnel: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

g. Public-Private Venture (PPV) Housing and Installation Volunteers: Local Population Credential (The following are examples of Installation Volunteers: (Red Cross, Community College Instructors and Students, Commissary Baggers, Naval Hospital Volunteers, Family Readiness Volunteers, Wounded Warrior Volunteers, and any other organization approved by the Commanding General, Marine Corps Installation East-Marine Corps Base Camp Lejeune and Commanding Officer, MCAS, New River)

Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC’s are exempt from RAPIDGate enrollment.

Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a 4-Day pass* or enroll in the RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs. For further information concerning contractor access, please contact the Contractor Vetting Office at 910-450-5978 or visit Marine Corps Base Camp Lejeune (http://www.lejeune.marines.mil/) or MCAS New River (http://www.newriver.marines.mil/) websites. For information concerning enrolling in RAPIDGate please visit their website at www.rapidgate.com.

The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.

* Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2019

TIM BOLLINGER/ALBERTA OKAMOTO

FC436 GONZALES BLVD

CAMP LEJEUNE NC 28542

910-451-0020 FOB: Destination

MMP100

31-MAR-2019

MMP100

31-MAR-2019

MMP100

31-MAR-2019

MMP100

31-MAR-2019

MMP100

31-MAR-2019

MMP100

31-MAR-2019

MMP100

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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:

(i) price

(ii) technical capability of the item offered to meet the Government requirement;

(iii) period of performance

This procurement is set-aside 100% for Small Business. The associated North American Industrial Classification System (NAICS) code for this requirement is 541380 Testing Laboratories and the size standard is $15,000,000 .

System for Award Management: Offerors must be registered in the System for Award Management (SAM) database. Information on registering in SAM may be obtained by calling (866) 606-8220 or via the internet at http://www.sam.gov. The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition.

Wide Area Work Flow (WAWF) Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT): As a condition of receipt of a resulting order, the Contractor agrees to implement the Department of Defense web-based application WAWF iRAPT for invoicing and payment. Information on registering may be obtained from https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml.

The Government intends to award a single firm-fixed price contract on an “all or none” basis for all items. The Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR 13, Simplified Acquisition Procedures.

BASIS OF AWARD: Award will be made on the basis of lowest evaluated price meeting or exceeding the acceptability standards for non-cost factors. Lowest Price Technically Acceptable (LPTA) will be evaluated based on: (1) price and (2) technical capability of the item offered to meet the Government requirement, and (3) period of performance.

Technical acceptability will be based on the demonstrated ability to meet the technical requirements as stated in the contract line items and performance work statement. A mere statement that the vendor “will meet the Government’s requirements” is insufficient; the vendor must demonstrate how it will meet the requirement.

TECHNICAL ACCEPTABILITY: To ensure technical acceptability, vendor quotes shall include the following information:

a. Item Information: A narrative that includes the contractor's approach for accomplishment of work that explains how the requirements described in the Performance Work Statement (PWS) will be accomplished. Quote must also include copies of all current North Carolina (NC) Wastewater/Groundwater and Drinking Water certifications for the contaminants being analyzed for.

b. Price: The price quote must reflect unit prices, extended amounts per line item, and overall total. (Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government).

c. Period of Performance Information: Clearly state if the quoter can meet the required period of performance as stated in each line item. Quoters who cannot meet the required period of performance date will not be considered technically acceptable.

PREPARATION OF QUOTE: Quotes submitted shall include the following:

SUBMISSION OF QUOTES: Quotes related to this RFQ shall be received by the Contracting Department within the date and time specified in Block 8 on the first page of this solicitation, to be considered for award. The information submitted shall be clear and legible.

Quotes may be submitted via email (no larger than 2MB) to william.f.hart@usmc.mil; (PREFERRED METHOD) or via hand delivery/courier to Contracting Department, Bldg. 1116, Camp Lejeune, NC 28542. It is solely the Contractor’s responsibility to ensure proposals are received within the required timeframe.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) 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 located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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 (u) 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 solicitation; and

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 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…