M6700119Q1295.docx

M6700119Q1295

Section SF 1449 - CONTINUATION SHEET

Red Shop Rags

FFP

Red shop rags for various Marine Corps Air Station New River activities.

Up to 14,055 per week are required for laundering.

FOB: Destination

MILSTRIP: 19NEWRIVERRAGS

PURCHASE REQUEST NUMBER: 19NEWRIVERRAGS

MFR PART NR: Delivery Fee of Rags

PSC CD: S209

MAX

NET AMT

Shop Rags Loss / Replacement

FFP

Replacement of Lost or Damaged Red Shop Rags.

Up to 20% of total weekly quantities.

MILSTRIP: 19NEWRIVERRAGS

PURCHASE REQUEST NUMBER: 19NEWRIVERRAGS

MFR PART NR: Replacement Fee

PSC CD: S209

MAX

NET AMT

LOCATIONS & QUANTITIES

Squadron: MALS-26 - MCAS New River, Jacksonville, North Carolina

Total Weekly Requirement 6080

Squadron: MALS-29 - MCAS New River, Jacksonville, North Carolina

Total Weekly Requirement 8175

Total Weekly Requirement For Both Commands 14,255 EA

PERFORMANCE WORK STATEMENT

1.0 General Intention: The contractor shall furnish all personnel, equipment, transportation, and supplies necessary to provide, pick-up, launder, and re-deliver red shop towels on a weekly basis. This requirement will be performed for 2nd Marine Air Wing, Marine Corps Air Station New River, Jacksonville, North Carolina. Period of performance is estimated to begin 01 September 2019 and end 31 August 2021 (104 Weeks).

2.0 Performance Work Statement: Provide Marine Corps Air Station (MCAS) New River, North Carolina a weekly supply of shop towels. Vendor is to supply all towels. Initial supply of towels should be the total amount ordered for one week. Thereafter deliveries should be based on the number returned by the units up to the maximum weekly amount for each unit, which will determine the number of towels the vendor should deliver and invoice for. Contractor may invoice after delivery of towels, for the actual amount delivered. Towel pick-up and delivery must occur on a weekly basis with the intent of maintaining a stock level for the units, based on the number of towels ordered at a maximum.

Towels will be paid for once, upon delivery. The vendor may invoice for the actual number of towels delivered each week up to the maximum amount on the individual orders for each unit, however, it is the vendor’s responsibility to establish procedures to be able to identify the number of towels picked up each week from the units as well as procedures for documenting delivered quantities. The vendor must maintain complete delivery and pick-up documentation with signatures from the unit receivers to be able support invoicing for the services that were furnished. Failure to maintain records may result in payments that are inaccurate.

After pick up of soiled towels, vendor shall clean the towels, ensuring they are laundered and dried by the best commercial practices such that they are free of paint, oil, grease, metal, plastics, or other foreign materials and have no objectionable odors. The vendor must ensure proper handling of any hazardous materials whether the towels are cleaned or disposed of. Shop towels to be furnished under the terms of the contract shall be made of cotton and the type commonly furnished by commercial laundries on a rental basis. These towels are used for maintenance of aircraft and will be returned with grease, oils, and other hazardous materials. They may contain (but are not limited to) the following Aviation greases:

Gearbox Grease

Rotor Head Grease

Shop Towels shall be free of holes and torn, frayed, or tattered edges. The replacement quantities are estimated amounts, not to exceed 20% of the total quantity without prior authorization of the Contracting Officer. These estimates do not obligate the Government to buy the total amount of replacements. Towels that must be thrown away due to wear and tear or hazmat should be documented by the vendor’s procedures to indicate the actual number that cannot be reused. Upon proper documentation, vendor may invoice for replacement towels. At the conclusion of the contract, units are to turn in all remaining towels to the vendor whether they are clean or dirty as towels will remain the property of the vendor.

3.0 Hazardous Waste: Any Shop Towels which may be classified as Hazardous waste or contain hazardous materials which have been generated by the Government shall be the responsibility of the Contractor for storage, disposals, and/or cleaning. The contractor shall handle all hazardous waste in accordance with all legal and regulatory requirements; including, but not limited to, the Resource Conversation and Recovery Act (R.C.R.A., 40 C.F.R. 240-299).

4.0 Pick up and Delivery Schedule: The contractor shall deliver weekly to each location specified. The contractor shall also pick up the soiled items from each location on a weekly basis. All pick up and deliveries shall be accomplished between the hours of 8:30 A.M. and 3:00 P.M. EST. Changes in the maximum quantities of towels or locations may be required during the period of this contract. If changes are required, they will be incorporated via a bilateral modification issued by the Contracting Office, MCAS Cherry Point, NC.

5.0 Delivery Instructions: The contractor shall deliver the required number of Shop Towels to locations indicated on the individual delivery orders issued for each unit. Upon each delivery/pick-up, the contractor must obtain the printed name and signature of the on-site Government representative at each drop off location in accordance with the vendor’s item management system. If there are no on-site Government personnel available, the contractor shall promptly notify the Contracting Officer. Failure to do this may endanger payment for that delivery. Vendor will be provided access to each shops to make delivery and pick up easier.

6.0 Additional Requirement: Due to the nature of this Indefinite Delivery, Indefinite Quantity (IDIQ) Contract and the weekly service, in order for the vendor to be deemed qualified they must provide proof of location to be within 200 miles of Marine Corps Air Station New River, North Carolina.

CERTIFICATE OF INSURANCE

In accordance with the clause entitled “Insurance – Work on a Government Installation” (FAR 52.228-5), the Contractor shall furnish to the Contracting Officer, a certificate or written statement of insurance prior to commencement of work under the contract. The contract number shall be cited on the certificate. The information shall be updated annually. The contractor shall comply with provisions and requirements as contained herein:

a. Required Insurance (IAW FAR 28.306(b)): The contractor shall maintain insurance in the minimum amounts specified below and as required by FAR 52.228-5, “Insurance – Work on a Government Installation”, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under this contract.

i. Workman’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state, which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

ii. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $100,000 per person and $500,000 per occurrence shall be required on the comprehensive form of the policy.

iii. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of the policy and shall provide injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

SAFETY REQUIREMENTS

The contractor and his/her employees shall become acquainted with and obey all Government regulations as posted. In addition to any other provision or clause relating to safety included elsewhere in this contract, the contractor’s performance will be subject to the following:

a. Occupational Safety Health Act of 1970, Public Law 91-595 (84 stat. 1590) (OSHA), included herein by operation of law; and

b. All rules and regulations of the Marine Corps Air Station as administered by the respective safety director.

c. The contractor shall contact the Station Safety Director, (building number and phone number will be added upon award), prior to commencing any services hereunder which are to be performed on Government property at the Marine Corps Air Station, New River, NC.

PERMITS

The Contractor shall, without additional expenses to the Government, obtain all appointments, licenses, and permits required to perform work under this contract. The Contractor shall comply with all applicable federal, state, and local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer before work commences and at other times as requested by the Contracting Officer.

EMPLOYMENT OF NAVY PERSONNEL

In performing this contract, the Contractor shall not use as a consultant or employ (on either full or part time basis) any active duty Navy personnel (civilian or military) without prior approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DOD or Navy instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.

DRUG DETECTION PROCEDURES

Notice to Contractor of Certain Drug Detection Procedures

a. Pursuant to Navy policy applicable to both government and contract personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into government work areas. In the furtherance of the Navy’s Drug Control Program, unannounced periodic inspections of the following nature may be conducted by installation security authorities:

i. Routine inspection of contractor occupied workspaces.

ii. Random inspections of vehicles on entry or exit, with drug detection dog teams available to eliminate them as a safe haven for storage of or trafficking in illegal drugs.

iii. Random inspections of personal possessions on entry or exit from the installation.

b. When there is probable cause to believe that a contractor employee on board a naval installation has been engaged in use, possession, or trafficking of drugs, the installation authorities may detain said employee until the employee can be removed from the installation, or can be released to the local authorities having jurisdiction. Trafficking in illegal drug and drug paraphernalia by contract employee while on a military vessel/installation may lead to possible withdrawal or downgrading of security clearance, and/or referral of prosecution by appropriate law enforcement authorities. The contractor is responsible for the conduct of employees performing work under this contract and is, therefore, responsible to assure the employees are notified of these provisions prior to assignment. The removal of a contractor personnel from a government vessel/installation as a result of the drug offenses shall not be cause for excusable delay, nor shall such action be deemed as basis for equitable adjustment to price, delivery, or other provisions of this contract.

CONTRACT ADMINISTRATOR

1.0 CONTRACT ADMINISTRATOR FOR THE GOVERNMENT

a) The following representative of the Contracting Officer shall be contacted for contract administration purposes:

2.0 COMMUNICATIONS

a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with the contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

c) A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC is the only person(s) authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

d) The contact information for the Contracting Officer is as follows:

NMCARS 5237.102-90 ECMRA

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 is https://www.ecmra.mil/Default.aspx.

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 is https://www.ecmra.mil/Default.aspx.

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.

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. 2015-4389 (Rev. 11) dated 06/18/2019, which is available at www.wdol.gov , is hereby incorporated by reference.

CONTRACTOR BASE ACCESS

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 replaces 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 September 30, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCB Camp Lejeune and MCAS New River. 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

- Beginning June 5, 2018, RAPIDGate/MCESS card holders will be required to present a second form of government-issued identification to the gate sentry, along with the RAPIDGate/MCESS credential, in order to access MCB Camp Lejeune and MCAS New River.

- DBIDS credentials will be issued beginning June 25, 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 (MCB Camp Lejeune and MCAS New River) will be able to exchange their current RAPIDGate/MCESS credential at the Camp Lejeune Contractor Vetting Office, Building TT-13, next to the Wilson Gate. NOTE: If a contractor requires flight line access, they must exchange their credential at Building AS-187 next to MCAS New River's Main Gate entrance. Only contractors needing flight line access will be serviced at AS-187.

Flight line access will still be granted at AS-302 using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning June 25, 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 June 5, 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 June 25, 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 September 30, 2018.

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

ADDENDUM TO 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 11:00 AM (EST) on 23 August 2019 as indicated on page one (1) of this solicitation.

1. Quotes shall be submitted electronically via email at stacie.bell@usmc.mil.

1. RFQ # M6700119Q1295 must be clearly shown in the subject line.

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

1. INFORMATION TO DETERMINE TECHNICAL ACCEPTABILITY:

i) Provide information that demonstrates how the quoted service meets the requirements for each line item and Performance Work Statement.

ii) Proof of contractor’s location of business as it must be within a 200 miles of MCAS New River, NC.

iii) Award will be made on a all or none basis.

1. PRICE:

i) Quoted firm-fixed price for each line item shown.

ii) Vendor must include unit price and total amount for each line item.

1. Completed SF1449 to include:

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

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2022

AS PER DELIVERY ORDER

SEE LOCATIONS WITHIN AWARD

NEW RIVER NC 28540

31-AUG-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 that the quoted service meets or exceeds the minimum technical requirements of the Performance Work Statement and location of business is no more than 200 miles from MCAS New River, NC. Award will be made on an all or none basis.

If found to be technically acceptable, past performance will be evaluated, to include evaluation of the vendor’s past performance history in the Past Performance Information Retrieval System –Statistical Reporting (PPIRS-SR) system. 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.

(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. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

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

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

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or…