M6700119Q1315.docx

M6700119Q1315

Section SF 1449 - CONTINUATION SHEET

EAD FIRE EXTINGUISHER REPAIRS

FFP

EAD Fire Extinguisher repairs - to include Inspections, Repairs, Refurbishments, and disposal of non-structural fire extinguishers.

MILSTRIP: 19FIREEXTINGUISHER

PURCHASE REQUEST NUMBER: 19FIREEXTINGUISHER

ESTIMATED

NET AMT

0001AA

Annual Inspection, Service & Tagging

Annual Inspection, Service & Tagging

FOB: Destination

PSC CD: H212

ESTIMATED

0001AB

Refill & Recharge Dry Chemical Extgs.

Refille & Recharge Dry Chemical 2.5lbs Extinguishers

ESTIMATED

0001AC

Refill & Recharge Dry Chemical Extgs.

Refille & Recharge Dry Chemical 5lbs Extinguishers

ESTIMATED

0001AD

Refill & Recharge Dry Chemical Extgs.

Refille & Recharge Dry Chemical 10lbs Extinguishers

ESTIMATED

0001AE

Refill & Recharge Dry Chemical Extgs.

Refille & Recharge Dry Chemical 20lbs Extinguishers

ESTIMATED

0001AF

Maintenance - 2.5 pound Extgs.

Six year Maintenance for Dry Chemical 2.5 lb Extinguishers

ESTIMATED

0001AG

Maintenance - 5 pound Extng.

Six year Maintenance for Dry Chemical 5 lb Extinguishers

ESTIMATED

0001AH

Maintenance - 10 pound Extng.

Six year Maintenance for Dry Chemical 10 lb Extinguishers

ESTIMATED

0001AJ

Maintenance - 20 pound Extng.

Six year Maintenance for Dry Chemical 20 lb Extinguishers

ESTIMATED

0001AK

Low Pressure Hydrotesting

Low pressure Hydrotesting @ 12 years (Dry Chemical)

ESTIMATED

0001AL

CO2 Extinguishers - 5 pound

Refill & Recharge 5 lb CO2 Extinguishers

ESTIMATED

0001AM

CO2 Extinguishers - 10 pound

Refill & Recharge 10 lb CO2 Extinguishers

ESTIMATED

0001AN

CO2 Extinguishers - 15 pound

Refill & Recharge 15 lb CO2 Extinguishers

ESTIMATED

0001AP

CO2 Extinguishers - 20 pound

Refill & Recharge 20 lb CO2 Extinguishers

ESTIMATED

0001AQ

DOT High Pressure Hydrotests for CO2

DOT High Pressure Hydrotesting at 5 years for CO2 Extinguishers

ESTIMATED

0001AR

Additional Parts - As Needed

Additional Parts required on an As Needed basis:

(Please provide unit pricing of each potentially required part below)

Valve Stem ... $ Gauge ... $ ORing ... $ Pull Pin ... $

ESTIMATED

0001AS

Disposal

Empty and Dispose of Non-Repairable Extinguishers FOB: Destination

MILSTRIP: 19FIREEXTINGUISHER

ESTIMATED

PERFORMANCE WORK STATEMENT

1.0 Introduction

1.1 The purpose of this requirement is to establish a contract to provide for maintenance and servicing of portable hand-held fire extinguishers associated with equipment and identified by MCAS Cherry Point personnel as required by the Marine Corps Air Station, Cherry Point, NC. The contractor shall service only the fire extinguishers identified by MCAS Cherry Point personnel. The contractor shall provide all parts, tools, equipment, supplies, labor, and transportation necessary for the inspection, maintenance, recharging, hydrostatic testing, and disposal of fire extinguishers in accordance with this Performance Work Statement (PWS).

1.2 The contractor shall perform all services in accordance with the provisions of National Fire Protection Association (NFPA) Standard 10, and all applicable federal, state, and local laws and regulations. Services shall include: inspection, maintenance, and testing of identified portable hand-held fire extinguishers associated with equipment located at MCAS Cherry Point. All services shall be performed by licensed technicians certified in accordance with federal, state, and local laws and regulations relating to fire extinguisher maintenance.

2.0 Applicable Documents

2.1 National Fire Protection Associates 10, Standard for Portable Fire Extinguishers (current edition)

2.2 Code of Federal Regulations, 29 CFR 1910.157, Portable Fire Extinguishers

3.0 Performance Requirements. The contractor shall evaluate the fire extinguishers identified by MCAS personnel for maintenance, recharge, and disposal requirements. The contractors shall pick-up and return the serviced fire extinguishers to locations determined by the Environmental Affairs Department (EAD). The contractor shall not perform maintenance, recharge, or conduct disposal operations within the boundaries of MCAS Cherry Point.

3.1 Annual Maintenance. If the identified fire extinguisher requires maintenance it shall be inspected and subjected to applicable maintenance procedures in accordance with NFPA 10 (current edition). When performing maintenance, the contractor shall ensure, for each extinguisher, that:

3.2 Recharging of Fire Extinguishers. If recharging is required, the contractor shall ensure that: the extinguisher is emptied of all its contents; essential mechanical parts are dismantled, inspected, and cleaned; any defective or worn parts are replaced; cylinder is filled with the proper amount of extinguishing agent; and, fire extinguisher is reassembled and pressurized with verification of service collar in place. A leak test shall be performed in order to ensure proper containment of pressure and contents.

3.3 Six (6) Year Maintenance of Fire Extinguishers. If required, stored-pressure type extinguishers that require a twelve-year hydrostatic test shall undergo six year maintenance. Extinguishers shall be emptied, inspected internally and externally, and recharged. Upon completion, a six year maintenance label shall be affixed to the side or rear of the extinguisher cylinder, indicating the month and year that the service was performed.

3.4 Hydrostatic Testing of Fire Extinguishers. If required, stored-pressure fire extinguishers shall be hydrostatically tested according to intervals and procedures specified by NFPA and DOT.

3.5 Disposal of Fire Extinguishers. When an identified fire extinguisher is removed from service, the contractor shall condemn, dispose of, and recycle the extinguisher and its contents in accordance with federal, state, and local laws and environmental regulations.

3.6 Contractor Provided Tools and Equipment. The contractor shall provide all necessary tools and equipment required for the successful performance of all requirements of this PWS. The contractor shall have the capabilities to service BAC multi-purpose dry chemical, BC stored chemical, purple K dry chemical, carbon dioxide, class K wet chemical, class D dry chemical fire extinguishers.

4.0 Quality Assurance. The Environmental Affairs Department will monitor and inspect the contractor’s performance in order to ensure performance is in accordance with the requirements of this PWS.

5.0 Operating Hours. Normal operating hours are Monday through Friday from 0700 – 1600. The contractor shall provide the services defined in this PWS during normal operating hours.

6.0 Government Property. The fire extinguishers purchased and maintained under this contract shall remain the property of the Government.

7.0 Standards of Conduct.

7.1 The contractor shall not employ any person whose employment under this award could in any way result in a conflict of interest with the mission of MCAS Cherry Point. All personnel employed by the contractor in the performance of this award, or any agent of the contractor entering the Government installation shall obey all regulations of the MCAS.

7.2 The contractor shall be responsible for employee competency and conduct and for taking disciplinary actions with respect to their employees. The removal from the job site of contractor personnel shall not relieve the contract of the requirement to provide personnel to perform the specified tasks outlines in this PWS.

7.3 The Government reserves the rights to deny access to any contractor employee to enter MCAS Cherry Point if his or her presence would be detrimental to the MCAS’s mission or performance of work within this PWS. The Government reserves the right to require removal of any contractor employee from the job site who endangers persons or property or whose continued employment is inconsistent with the MCAS’s mission. In such cases, the COR will advise the contractor of the reason for requesting an employee’s removal or withdrawing his authorization to enter the installation.

8.0 Dress Code & Grooming Standards. The contractor shall ensure that all personnel assigned to the MCAS Cherry Point maintain a standard of grooming and personal appearance that is in keeping with their positions in a Government facility and shall be appropriate to traditional Government industrial complex.

9.0 Use of Drugs & Alcohol.

9.1 While on Government property or performing elsewhere under this PWS, the contractor personnel shall not possess or use alcoholic beverages; or, possess, use (unless specifically prescribed by a licensed physician for medical treatment), or distribution of controlled substances. The contractor shall remove from duty any employee who is:

9.2 The contractor shall not return that employee to duty unless and until he or she is fully able to perform normally assigned duties. Illicit use or distribution of controlled substances may lead to prosecution. Removal of employees for such causes does not relieve the contractor of the requirement to provide sufficient personnel to adequately perform services specified under this contract.

10.0 Safety Requirements.

10.1 Safety. If the contractor fails or refuses to promptly comply with safety requirements, the Government may issue an order stopping all or part of the work until the contractor taskes satisfactory corrective action. The contractor shall not make time lost due to any such stop work order, the subject of claim for extention of time, or for excess costs or damages.

10.2 In addition to any other provision relating to safety included elsewhere herein, the contractor’s performance will be subject to the following:

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

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

(3) The contractor shall contact the Station saefty director, telephone (252)466-2730, prior to commencing any services hereunder which are to be performed on Government property at the Marine Corps Air Station, Cherry Point, NC.

11.0 Permits. The contractor shall, without additional expense to the Government, obtain all appointments, licenses, and permits required for performance of the services required 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 prior to contract award and at other times as requested by the Contracting Officer.

12.0 Security Requirements. The contractor shall comply with all MCAS Cherry Point security requirements with special emphasis placed on the requirements of Air Station Order 5500.14A (Attachment 2).

13.0 Repair Parts. The contractor shall provide all repairs parts required to perform maintenance in accordance with the requirements of this PWS. Parts shall be new and unused. Replaced parts shall be disposed of by the contractor in accordance with federal, state, and local laws; environmental regualtions if applicable. The contractor will be reimbursed by the Government as a cost not to exceed the established catalog or list price in effect at the time the parts are provided plus allowable shipping and handling costs (in accordance with FAR Clause 52.232-7 “Payment Under Time and Materials and Labor-Hour Contracts (Alternate I)”

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.

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, Cherry Point, 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 ADMINISTRATION

Information and Point of Contacts will be presented upon Award.

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. 2015-5781 (Rev. 8) dated 12/26/2018, 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 16 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 # M6700119Q1315 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) Contractor’s location of business must be within a 200 miles of MCAS Cherry Point, 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

23-SEP-2024

AS PER DELIVERY ORDER

MCAS CHERRY POINT

CHERRY POINT NC 28533

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

23-SEP-2024

M30146

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:

(b) 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 services meets or exceeds the minimum technical requirements of the Performance Work Statement, the required period of performance, location of business is no more than 200 miles from MCAS Cherry Point, 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…