Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

M67400-16-T-0038 10-Feb-2016

b. TELEPHONE NUMBER

011-81-611-745-8697

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 29 Feb 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M674009. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NAGISA TSUHAKO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M2023316SUFE001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MARINE CORPS REGIONAL CONTRACTING OFFICE

MARINE CORPS BASE

CAMP S.D. BUTLER

PSC 557 BOX 2000

FPO AP CA 96379-2000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M20233 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

M20233

SEE SCHEDULE

FPO AP 00000-0000

TEL: FAX:

FAX:

TEL: 011816117458531

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,000,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF32

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M67400-16-T-0038

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Aerial Hydroseeding

FFP

Description of Work: professional services required to conduct aerial hydroseeding on the ranges in the Central Training Area (CTA) for the U.S. Marine Corps Base

Camp Smedley D. Butler, Okinawa, Japan. These services are to be performed in accordance with the attached SOW and Area Map.

FOB: Destination

MILSTRIP: M2023316SUFE001

PURCHASE REQUEST NUMBER: M2023316SUFE001

NET AMT

SOW

PERFORMANCE WORK STATEMENT

Aerial Hydroseeding at Range 10 in the Central Training Area

MCB Camp S.D. Butler, Okinawa, Japan

1. INTRODUCTION

This Performance Work Statement (PWS) sets forth the professional services required to conduct aerial hydroseeding on the ranges in the Central Training Area (CTA) for the Engineering and Sciences Section, Environmental Branch located at U.S. Marine Corps Base (MCB) Camp S.D. Butler, Okinawa, Japan.

The Contractor shall provide all labor, materials, equipment, supervision, supplies, transportation, and incidentals to perform the work outlined in this PWS.

2. BACKGROUND

MCB Camp S.D. Butler has made soil conservation a priority in the CTA in order to protect adjacent water resources from soil run-off caused by erosion. Significant eroded areas in Range 10 have been identified and these areas are the target for aerial hydroseeding. Due to distance, terrain, and the remoteness of the areas, access via helicopter is needed. Proper seed mixtures shall be employed in order to provide vegetation cover to protect the areas from erosion.

3. SCOPE

3.1 OBJECTIVE

The objective of this project is to conduct aerial hydroseeding for a total of 1.2 hectares (3.0 acres) over Range 10 within the Central Training Area (CTA), Onna Village area (see Aerial Hydroseeding 2016 Area Map).

3.2 DESCRIPTION OF WORK

The contractor shall provide all labor, materials, equipment, transportation, and supervision, except as specified otherwise, to provide aerial hydroseeding for 1.2 hectares within the CTA (see Aerial

Hydroseeding 2016 Area Map). The contractor shall use the proper seed mix and technique. The contractor is also responsible for preparing the seed mixture. The following tasks must be achieved under this contract.

3.2.1 Task 1: Aerial photographing of the CTA

The Contractor shall conduct the aerial photographing prior to the aerial hydroseeding to capture photographic record the current situation of the ranges in the CTA (see Aerial Hydroseeding 2016 Area Map) by gyro-controlled camera with GPS.

3.2.2 Task 2: Seed mixture preparation

The Contractor shall deliver the following materials to the staging areas in original, unopened containers bearing manufacturer’s chemical analysis, name, trade name, trademark, and indication of conformance to Japanese laws. The seed mixture shall be composed of following materials:

● SEEDS: Bermuda, Italian rye grass, Sericea lespedeza, Bahia grass, Clover and Centipede grass

● FERTILIZERS: UCK-LM555, High control 360, and Mixed Magnesium ammonium phosphate (NP- K-Mg: 7-34-0-19)

● SOIL AGGREGATORS: Arex W and Arex R

● SOIL: Okinawan red soil

● MICROBIAL MATERIAL: Kinkonace microbial material

● MULCHING MATERIAL: Oji fiber (Wood fiber)

● SOIL TACKIFIERS: Kuricoat C710

● COLORING AGENT: EP 510-Black

3.2.3 Task 3: Pre operational check flight

The Contractor shall conduct the check flight prior to the aerial hydroseeding to confirm the location of the targeted areas (see Aerial Hydroseeding 2016 Area Map).

3.2.4 Task 4: Conduct aerial hydroseeding

The Contractor shall conduct aerial hydroseeding over the targeted areas on Saturdays and Sundays, 0730 – 1900 (when ranges are not in use for training) from 1 July until 30 November 2016 based upon weather conditions (see Paragraph 3.8.). The flight shall take the planned route to the destinations only for the work and shall not stray off the route unless any risk or danger comes upon. U.S. Marine Corps personnel will be aboard the flight if necessary.

3.2.5 Task 5: Post operational check flight

The Contractor shall conduct the check flight accompanied with one U.S. Marine Corps personnel over the hydroseeded areas in order to assure the areas are properly hydroseeded with the seeding mixtures.

If un-hydroseeded area(s) are found, the Contractor shall carry out the hydroseeding over the uncovered area(s) to complete the work. The Contractor shall be responsible for this re-hydroseeding and the U.S.

Marine Corps will not cover additional cost accrued.

3.2.6 Task 6: Submittals

The Contractor shall compile and submit the submittals described in the paragraph 5 Deliverables.

3.3 MEETINGS AND COMMUNICATION

3.3.1 Post Award Orientation Meeting

Prior to beginning any work, the Contractor shall meet with the Contracting Officer’s Representative(COR) to discuss contract terms and conditions, approval of work schedule, sequence of work and reporting requirements. The meeting shall be held within 15 working days after the award.

3.3.2 Post Project Meeting

Within five (5) working days after completion of the project, the Contractor shall meet with the COR to make sure all the requirements of the project are completed, and also to review the requirements for report writing.

3.3.3 Communication

The Contractor’s Correspondent or his/her alternate shall be reachable by either telephone or email to Government personnel during the working hours of 0730 hours to 1630 hours, Monday to Friday, except Federal Holidays. If requested, the correspondent or alternate shall be able to meet with Government personnel within two (2) workdays upon notification by the COR.

Federal Holidays:

New Year’s Day 1 January* Martin Luther King’s Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November* Thanksgiving Day Fourth Thursday in November Christmas Day 25 December* Note: If a holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on a Sunday, it will be observed on the following Monday.

3.4 EXECUTIONS

3.4.1 Period of Performance

The work, in accordance with the specification of this contract, shall be conducted from 1 July (avoiding rainy and typhoon season) until 30 November 2016, weather permitting. Fieldwork shall be completed on Saturdays and Sundays, 0730 – 1900 (when ranges are not in use of training), unless any cause of delay due to inclement weather or the stoppage order issued by the Government occurs.

3.4.2 Hours of Operation

All work shall be accomplished between the hours of 0730 hours thru 1900 hours, on Saturdays and Sundays (when ranges are not in use of training). Requests for exceptions to the above hours must be arranged with the COR at least three (3) working days in advance.

3.4.3 Interference with Government Operations

Although the chances are minimal, the Contractor may be required to stop work for a brief period if the work interferes with Government operations. If such a case is expected, the COR will notify the Contractor as early as possible.

3.4 TYPHOON READINESS

The Contractor shall depart Government property when Tropical Cyclone Condition of Readiness (TCCOR) 1 Caution (TC-1C) is declared by Military Weather Station authorities (ref.

http://shogunweather.com/tccor/). The Contractor will monitor website, radio or television until it changes to TCCOR Storm Watch (TC-SW). Upon declaration of TC-SW, the Contractor shall return to work within two (2) hours or, when it is called after normal duty hours, services shall begin the next normal workday at 0730 hours.

3.5 QUALITY CONTROL

The Contractor shall be responsible for the quality of the submittals and for all damages caused the Government as a result of negligence in the performance of any services furnished under the contract.

The Contractor shall insure that all work is executed using proper internal controls and review procedures.

The letter of transmittal for each submission shall include a certification that the submission has been subjected to the Contractor's review and coordination procedures to insure (a) completeness for each discipline commensurate with the level of effort required for that submission, (b) elimination of conflicts, errors and omissions, and (c) the overall professional and technical accuracy of the submission.

Documents, which are significantly deficient in any of these areas, will be returned for correction and/or upgrading prior to completing the Government's review. Contract submission dates will not be extended if a resubmission of draft material is required for this reason.

3.6 PROTECTION OF GOVERNMENT PROPERTY

The contractor shall be responsible for all damage to the U.S. Marine Corps property or adjacent property caused in course of performing the contracted work and shall promptly restore any property to its previous condition at no expense to the Government. The contractor shall remove all waste materials generated as a result of their work from the site at the completion of the project.

3.7 LIMITATIONS OF DATA USE

All field notes, field data forms, digital files, photographs, reports, source data etc. acquired for this contract and produced as a part of this contract are the property of the Government. These data will not be used, in whole or in part, of any professional, scientific or nonscientific reports, paper or note, published or unpublished or be part of any technical or non-technical presentation without the written preauthorization of the COR. The contractor shall not publicly disclose any information concerning any aspect of the materials or services relating to this delivery order without the prior written approval of the

COR.

3.8 INCREMENT WEATHER

If a warning of inclement weather is issued, take precautions to minimize any danger to persons, and protect the work and any nearby Government property. Precautions shall include, but are not limited to, removing loose materials, tools and equipment from exposed locations; and removing or securing ground support equipment and other temporary work.

3.9 CONTRACTOR PERSONNEL

3.9.1 Correspondent

The Contractor shall provide a Correspondent who shall be responsible for the performance of the entire work under this Statement. The Contractor shall have five years or more of experience to conduct or manage this type of work. The Correspondent must understand requirements of this contract, plan the work with appropriate methods, and organize the work. The Correspondent must be able to communicate and write the submittals in English.

3.9.2 Point of Contact Information

The Contractor shall provide the contact information of the names of a primary and alternate point of contact with telephone numbers and email addresses to the COR. The information must be incorporated into the list of personnel.

3.9.3 Standards of Dress

The Contractor’s employees shall present a clean, neat appearance and be easily recognized. This may be accomplished by wearing distinctive clothing bearing the name of the company and/or by wearing appropriate badges which contain the company name and the employee’s name. Clothing or badges shall be provided by the Contractor.

3.9.4 Removal of Contractor’s Employees

The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The Contracting Officer may require that the Contractor remove from the Government job employees who endanger persons or property, whose continued employment under this contract is inconsistent with the interest of military security, or who are determined by the COR as being incapable of rendering the services in accordance with this Performance Work Statement.

3.10 PASSES FOR THE CONTRACTOR’S EMPLOYEES

The COR will escort the Contractor including their employees listed in the list of personnel during the period of work. Entry to the Central Training Area will be coordinated by the COR and approved by Marine Corps Base G-3, Range Control.

4. APPLICABLE DOCUMENT

The following are applicable documents to this project.

4.1 Okinawa Prefectural Red Soil Erosion Prevention Ordinance, October 1994.

4.2 Chapter 13 of the Department of Defense Japan Environmental Governing Standards (JEGS), November 2010.

4.3 Chapter 13 of Overseas Environmental Baseline Guidance Document (OEBGD), May 2007.

4.4 Chapter 11 of the Marine Corps Order 5090. 2A Ch1, Environmental Compliance and Protection Manual, January 2008.

4.5 Marine Corps Base Japan Order 5090.5, Integrated Natural and Cultural Resources Management Plan, January 2009.

4.6 U.S. Army Corps of Engineers EM 385-1-1, Safety and Health Requirements Manual, September 2008.

5. DELIVERABLES

The Marine Corps standard computing software is Microsoft Office. All documents including the final project report shall be provided in Microsoft Word (2007 or later) format and Adobe Portable Document Format (PDF). Spreadsheet files shall be provided in Microsoft Excel format. Unless otherwise noted, all submittals shall be generated in English language.

5.1 Project Plan, Accident Prevention Plan (APP) and List of Personnel The Contractor shall submit Project Plan (including schedule), Accident Prevention Plan (APP) and a list of personnel to the COR at the post award orientation meeting. The list must indicate the Correspondent and his/her alternate with the contact information.

5.1.1 Project Plan

At least ten (10) working days before beginning the fieldwork, the Contractor shall submit a project plan to the COR. The project plan shall include project objectives, project methods, including the layouts of the flight courses and the project schedule.

5.1.2 Accident Prevention Plan (APP)

The Contractor shall submit for review a plan within 20 calendar days of contract award. Field work shall not commence until the APP is accepted by the COR. The APP shall be submitted to the COR by e-mail for review and acceptance. The APP shall meet the requirements of Appendix A of the US Army Corps of Engineer’s Safety and Health Requirements Manual (EM-385-1-1) dated 15 September 2008.

5.1.3 List of Personnel

The Contractor shall submit a list of all the personnel who enter the CTA for the project, including all the vehicles that they use for the project to the COR 20 calendar days prior to conducting the aerial hydroseeding. These lists will be passed to Range Control for approval of entering the CTA.

5.1.4 Project Report

The Contractor shall produce and submit the Project Report to the COR within 15 working days after the completion of the fieldwork. The final report shall contain, but is not limited to items described in the paragraph 5.1.5 (1) thru (9) of the above report format and maps of the survey sites. Photographs taken during the work must be included in the report. The Contractor shall submit two (2) copies of this final report and one (1) set of electronic media (CD or DVD are preferable).

5.1.5 Report Format

All “hard copy” deliverables shall be printed double sided unless otherwise specified. Submittals shall consist of 8½” by 11” pages with all drawings folded, if necessary, to this size. All pages shall be numbered and of adequate legible quality suitable for reproduction. The report shall be written in English and arranged as follows:

(1). Cover page

a. title

b. Prepared for Marine Corps Base Camp Smedley D. Butler, Okinawa, Japan

c. Prepared by

d. Contract #

e. Date (2). Table of contents (3). Introduction (4). Scope of operation (including the maps) (5). Materials used (6). Methods

(7). Results (8). Flight logs (9). References

6. SUPPORTING INFORMATION

6.1 AREA MAPS

See attachment for the area maps of the project, Aerial Hydroseeding 2016 Area Map.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-JUL-2016 TO

30-NOV-2016

N/A M20233

SEE SCHEDULE

FPO AP 00000-0000

FOB: Destination

M20233

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements - Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

AUG 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

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:

(i) Technical capability to the Requirement

(ii) Past Performance

(iii) Price

(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 (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

http://www.acquisition.gov/

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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents 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.

https://www.acquisition.gov/

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) 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.

(d) Certifications and 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 either to the Equal

Opportunity clause of this solicitation, the 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

Subparts 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:

Line Item No. Country of Origin

(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:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of 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:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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:

Line Item No. Country of Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III 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 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 --

(1) The offeror and/or any of its principals ( ___ ) 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 performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for…