M6700119Q1242.docx

M6700119Q1242

Section SF 1449 - CONTINUATION SHEET

MCAS Cherry Point Aircraft Range

FFP

Orientation Flight Conduct aerial range sweeps in accordance with the Performance Work Statement FOB: Destination

MILSTRIP: M3014619SU1CMU4

PURCHASE REQUEST NUMBER: M3014619SU1CMU4

PSC CD: F099

NET AMT

MCAS Cherry Point Aircraft Range

Compliance flight To be conducted in accordance with Performance Work Statement FOB: Destination

MILSTRIP: M3014619SU1CMU4

NET AMT

MCAS Cherry Point Aircraft Range

Photographic recordation and transfer digital imagery To be conducted in accordance with Performance Work Statement FOB: Destination

MILSTRIP: M3014619SU1CMU4

NET AMT

MCAS Cherry Point Aircraft Range

Data Collection To be conducted in accordance with Performance Work Statement FOB: Destination

MILSTRIP: M3014619SU1CMU4

NET AMT

MCAS Cherry Point Aircraft Range

Fee for flight that was otherwise cancelled To be conducted in accordance with Performance Work Statement FOB: Destination

MILSTRIP: M3014619SU1CMU4

NET AMT

FFP

Orientation Flight Conduct aerial range sweeps in accordance with the Performance Work Statement FOB: Destination

MILSTRIP: M3014619SU1CMU4

NET AMT

FFP

Compliance flight To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Photographic recordation and transfer digital imagery To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Data Collection To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Fee for flight that was otherwise cancelled To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Orientation Flight Conduct aerial range sweeps in accordance with the Performance Work Statement FOB: Destination

NET AMT

FFP

Compliance flight To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Photographic recordation and transfer digital imagery To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Data Collection To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

FFP

Fee for flight that was otherwise cancelled To be conducted in accordance with Performance Work Statement FOB: Destination

NET AMT

PERFORMANCE WORK STATEMENT

Range Sweep

Vision Statement Marine Corps Air Station Cherry Point provides operational control over bombing target/strafing areas and requires aircraft services to meet regulatory guidelines.

1 Introduction

1.1 Marine Corps Installations East (MCIEAST) implements policies, develops regional strategies and plans, prioritizes resources and provides services, direction, and oversight through assigned U.S. Marine Corps Installations in order to support the Operating Forces, tenant commands and activities. Marine Corps Air Station (MCAS) Cherry Point provides operational control over bombing target/strafing areas located within Pamlico Sound and requires aircraft services (fixed-wing or rotary) to meet regulatory guidelines.

1.2 MCAS Cherry Point Complex comprises nine widely dispersed properties located in Carven, Carteret, Jones and Pamlico counties in eastern North Carolina, including several outlying airfields and bombing targets (BT-9 and BT-11). These properties cover approximately 26,073 acres of land and 18,000 acres of water, and are strategically located to meet operational and training requirements of the United States Marine Corps. The bombing targets, BT-9 located in Pamlico County and BT-11 Piney Island located in Carteret County are the subject of this statement of work. Each locations has a defined, Code of Federal Regulations (33 CFR 334.420) area controlled by the Commanding Officer, MCAS Cherry Point.

1.3 Per the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA), all Federal activities that have potential to impact federally protected species must adhere to specific conditions of Biological Opinions and Letters of Authorization/Concurrence rendered under section of the respective regulations. MCAS Cherry Point has consultations and coordination with the National Marine Fisheries Service specific to sea turtles, Atlantic sturgeon, and bottle-nose dolphin specific to BT-9 and BT-11. Pre-mission aerial surveys, along a specific identified route, are required to meet regulatory requirements.

2 General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer immediately.

3 Performance Requirements

3.1 Aircraft Services - Marine Corps Air Station Cherry Point

3.1.1 Orientation Flight. Contractor is required to complete an orientation flight, coordinated through Range Control and after receiving a Range Safety Brief, along a pre-defined flight-path (map provided) for demilitarization with procedure and airspace protocols. Contractor’s airspace cooperaters shall sign a Hold Harmless Agreement (provided by Government).

3.1.2 Contractor is required to provide a morning range survey at the beginning of every weekday (Mon-Fri) along a pre-defined flight-path (map provided). The total number of survey days will be 252.

3.1.2.1 To account for daylight savings time, each survey is to start no earlier than 1/2 hour after astronomical sunrise. Nominally, the start of surveys would be no later than 0630 and to be complete by 0800 dependent upon the time of year.

3.1.2.2 The aircraft must maintain a height between 100-300 meters (328 to 984 ft.) above water surface level.

3.1.2.3 The aircraft must maintain a safe forward airspeed not to exceed 115 mph 100 knots).

3.1.2.4 The pilot is required to validate that no persons or watercraft (hunters, fisherman, moving or stationary watercraft of any description) are located on the government property of BT-11 or within the CFR controlled boundaries of BT-9/11 as determined by visual survey along the flight path. If the person or watercraft is within the CFR prohibited area or on land which is identified as MCAS Cherry Point property, the aircraft shall "buzz" the vessel by completing an advisory circle around the identified person/vessel at a safe altitude.

3.1.2.5 The pilot, if observing smoke or active wildfire on the government property of BT-11 (including Raccoon Island) , is required to immediately report to the fire activity to Range Operations personnel. Upon check-in by the pilot to the BT-11 sub-area within R-5306A, Range Operations personnel may request the pilot look for smoke or fire activity.

3.1.3 Photographic Recordation. In addition to reporting and recording all visual observations, the contractor is required to acquire digital imagery of all persons or watercraft (hunters, fisherman, moving or stationary watercraft of any description) that are located on the government property boundary of BT-11 or within the CFR controlled boundaries as determined by visual survey along the flight path. The contractor is required to acquire digital imagery of any observed smoke or active wildfire.

3.1.3.1 Deviation from the flight path noted in Section 3.1.2 will be required to obtain a photograph.

3.1.3.2 At a minimum, a single tip-wing (or rotor) circle shall be made on the camera side of the aircraft to ensure proper framing and image capture. It is anticipated that the "buzz" advisory circle in 3.1.2.4 above shall be used to execute this paragraph.

3.1.3.3 The imagery shall be obtained with a digital SLR type camera with the following minimum specifications:

3.1.3.3.1 Photographic quality shall not be less than 24.0 mega-pixels.

3.1.3.3.2 Auto focus and vibration reduction zoom 80-400mm F/4.5-5.6D camera lens.

3.1.3.3.3 Sun/glare reduction shroud/filter as appropriate.

3.1.3.3.4 Date/time stamp.

3.1.3.4 Each image shall have GPS coordinates (lat/long in minutes, degrees, seconds or MGRS) noted for the location of observation. An annotation shall be made to the Master Data Collection Form indicating the number of images captured for a specific observation/record.

3.1.3.5 All images considered the property of MCAS Cherry Point and shall not be distributed beyond that noted in this contract.

3.1.4 Photographic Transfer. Individual images or series of images of observed persons or watercraft on MCAS Cherry Point properties shall be transmitted to the Technical Point of Contact the day of an observation. A complete record of all photographic images obtained shall be delivered to the Technical POC each month or as requested. The transfer shall be via the U.S. Army Aviation & Missile Research Development & Engineering Command (AMRDEC) Safe Access File Exchange (SAFE) transfer site. The website allows for secure file transfer to and from *.mil to non *.mil addresses. The URL is https://safe.amrdec.army.mil/SAFE/.

3.1.5 Data Collection. All observation/visual contacts of persons or watercraft shall be immediately reported to Range Control as they occur.

3.1.5.1 Sighting information for persons/watercraft shall include:

Basic description identification (person, boat, large vessel, small vessel) Location information shall be provided in military grid reference system (MGRS), WGS-84, 18 South Duration of the observation Response to "buzzing" (Y/N)

3.1.5.2 The pilot is required to record observations of marine mammals (bottlenose dolphins, whales, or manatee) or sea turtles along the designated flight path. All sighting shall be reported to range control with location and type (species) prior to checking off of the range. All sightings made in the immediate vicinity of the water based targets of BT-9 and BT-11 are to be reported as they occur.

3.1.5.2.1 Sighting information shall include:

Species identification Group size Behavior (e.g. travelling, milling) Location and relative distance from the water based bombing targets Direction of travel relative to the water based bombing targets Duration of the observation Date, time, and visual conditions (weather)

3.1.5.3 Data collection forms shall be submitted to EAD and Range Management on a monthly basis.

3.1.6 Daily Coordination

3.1.6.1 The flight crew is required to abide by all FAA regulations and to possess appropriate ratings.

3.1.6.2 The flight crew shall conduct a review of weather from departure airport/aerodrome and review ASOS weather at bombing target - eleven (BT-11) for the duration of the flight. Crew may cancel the survey based on weather and will not be required to make it up later in the day. Visual flight rule minimums (1,000' vertical, 3 mile-horizontal) shall be used as a basis for weather related cancelation.

3.1.6.3 In the event of weather related cancellation, or other circumstance, the crew shall notify Range Control at 252-466-4040/2936. Contractor shall be compensated in accordance with the terms of the contract for services that have been prepared to be rendered.

4 Performance Standards

4.1 Provide range survey along pre-defined flight path.

Performance Standards

a) STD: Contractor is required to provide a morning range survey at the beginning of every weekday (Mon-Fri) along a pre-defined flight path.

AQL: 100%

b) STD: Survey to start no earlier than 1/2 hour after astronomical sunrise. Nominally, the start of surveys would be no later than 0630 and to be complete by 0800 dependent on the time of year.

AQL: 100%

c) STD: Aircraft must maintain a height between 100-300 meters (328 to 984 ft.) above water surface level.

AQL: 100%

d) STD: Aircraft must maintain a safe forward airspeed not to exceed 115 mph (100 knots).

AQL: 100%

e) STD: Pilot is to validate that no persons or watercraft are located on the government property of BT-11 or within the CFR controlled boundaries of BT-9/11 as determined by visual survey along the flight path. If the person or watercraft is within the CFR prohibited area or on land which is identified as MCAS Cherry Point property, the aircraft shall "buzz" the vessel by completing an advisory circle around the identified person/vessel at a safe altitude.

AQL: 100%

4.2 Acquire digital imagery of persons or watercraft on government property.

Performance Standards

a) STD: Acquire digital imagery of all persons or watercraft that are located on the government property boundary of BT-11 or within the CFR controlled boundaries as determined by visual survey along the flight path.

AQL: 100%

4.2.1 The Contractor shall transfer collected images.

Performance Standards

a) STD: Images shall be stored on a 16-32 GB internal SD card and downloaded to a CD/DVD media (read-write capable) post mission. Each Cd/DVD shall be labelled as to date range of the imagery contained on the media. Each image shall have GPS coordinates noted for the location of the observation. An annotation shall be made to the Master Data Collection Form indicating the number of images captured for a specific observation/record.

AQL: 100%

5 Safety

Mishap Notification and Investigation: The contractor and its subcontractors (if applicable) shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation. The contractor shall notify (via telephone) the cognizant contracting officer, the contracting officer’s representative, and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the contractor will in-turn notify the Safety office. Contractor notifications made after duty hours shall be reported to the appropriate installation Command Post. If requested by the cognizant contracting officer, the contracting officer’s representative, and/or the cognizant program manager, the contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the contractor and the subcontractors shall cooperate fully and assist the Government personnel until the investigation is completed.

6 Government Furnished Materials

6.1 The Range Management Department and/or Range Control Office will provide a one-time range safety brief prior to the initiation of surveys. Flight within the restricted area will be authorized and a mission number provided by Range Control.

6.2 Orientation map of MCAS Cherry Point properties will be provided.

6.3 Map of the defined flight paths for MCAS Cherry Point .

6.4 Initial format of Data Collection Form (to be reproduced by Contractor).

6.5 Point of contact for each installation.

6.6 Online link for mandatory Mammal Identification training.

7 Applicable Directives

The contractor shall comply with all documents listed below as mandatory Performance Requirements.

33 CFR 334.440

50 CFR 218.40

CONTRACTORS UNAUTHORIZED WORK

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

NMCARS 5237.102-90 ECMRA

NMCARS 5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

1.0 In accordance with the Navy Marine Corps Acquistion Regulation Supplement (NMCARS) Part 5237.102-90 relating to Enterprise-wide Contractor Manpower Reporting Application (ECMRA):

1.1 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract the Fleet Readiness Center East, MCAS Cherry Point, NC 28533 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

1.2 The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mi l.

1.3 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

WAGE DETERMINATION

Incorporation of Applicable Wage Determination: In accordance with FAR 52.222-41, this order is subject to the requirements of the Service Contract Act of 1965, as amended. Applicable Wage Determination No. 1995-0317 (Rev. 46) dated 03/05/2019, which is available at www.wdol.gov , is hereby incorporated by reference.

BASE ACCESS

1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION AND THE FLEET READINESS CENTER EAST

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at: http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410 Please note, due to the Real ID Act, some state driver’s licenses will not be accepted without a second form of identification, like a passport.

1.2 Marine Corps Installations transition to new access control system

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system will replace RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until December 31, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here’s what you need to know:

CURRENT DOD ID CARD HOLDERS

· If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

· You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

· DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

· Contractors can exchange their current RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items:

- Current RAPIDGate/MCESS credential

- Second form of government-issued identification (driver license, passport, etc.)

- Company Contract/Letter of Authorization

· New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

· All contractors (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

· New contractors requiring access for over 60 days will receive a credential valid for up to one year.

· New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning October 1, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning September 24, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is December 31, 2018.

More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

1.3 Additional information regarding access to the Air Station is available by phone at 252-466-5921. Failure to submit the proper visit request information may result in denial of access to the facility.

1.5 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.

1.6 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

ADDENDUM 52.212-1

1) SUBMISSION OF QUOTES.

1. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 9 Aug 2019 at 11:00 am as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

1. Quotes shall be submitted electronically via e-mail to ann.sanford@usmc.mil .

1. RFQ Number M6700119Q1242 must be clearly shown in the subject line.

2) INSTRUCTIONS FOR THE PREPARATION OF QUOTES: The vendor shall submit the following as part of their quote:

a) Information that demonstrates the vendor’s ability to perform the services in accordance with the requirements of the Performance Work Statement within the required period of performance.

b) Vendor must provide a response to the following questions and include in the quote.

1. Type of aircraft proposed for use. To include make, model, seating capacity.

2. Make, model and capacity of the camera to be used for photographic recordation.

3. Provide a description of the proposed position within the aircraft that photos will be taken and how vendor will ensure quality and clarity.

4. Will the camera be affixed to the aircraft or manually operated?

5. Provide a detailed rationale for the cost associated with cancelling a flight.

c) Quoted firm-fixed price for each line item shown - for completion of all services in accordance with the requirements of the Performance Work Statement.

d) Completed SF1449 to include:

i) Signed/completed page 1 (Blocks 17 and 30)

ii) Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote

FAR 52.212-3 ( Note that vendor is only required to complete paragraph (b) if they have completed annual representations and certifications via the System for Award Management (SAM) website.)

3) SYSTEM FOR AWARD MANAGEMENT/WIDE AREA WORKFLOW: Contractors interested in doing business with the government must be registered in the System for Award Management (SAM) at https://www.sam.gov and the Wide Area Workflow (WAWF) invoicing system at https://wawf.eb.mil/ .

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

20-SEP-2020

FOB: Destination

20-SEP-2020

20-SEP-2020

20-SEP-2020

20-SEP-2020

20-SEP-2021

20-SEP-2021

20-SEP-2021

20-SEP-2021

20-SEP-2021

20-SEP-2022

20-SEP-2022

20-SEP-2022

20-SEP-2022

20-SEP-2022

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis. A technically acceptable quote is one that demonstrates the vendor’s ability to perform the services in accordance with the requirement and within the required period of performance.

If found to be technically acceptable, past performance will be evaluated. If past performance is found to be satisfactory, then no further evaluations will be conducted and award will be made. If the lowest priced quote is not technically acceptable with satisfactory past performance, the next lowest priced quote will be evaluated and so on, until a technically acceptable quote from a vendor with satisfactory past performance is identified.

Award will be made on an all or none basis to the lowest priced techncially acceptable vendor who demonstrates satisfactory past performance.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. 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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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), at the time this offer is submitted 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 (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.