M67861-17-R-0001.docx

M67861-17-R-0001

Section SF 1449 - CONTINUATION SHEET

Compactor - Quantity (3)

FFP

CS74B or equivalent. Lease Period: 1 April 2017 - 31 July 2017

See salient characteristics included in this solicitation. Brand name or equal items are acceptable. Equipment leased shall include user's manual.

Table 1 Government Scheduled Maintenance: Table 1 identifies preventive maintenance the Government is willing to perform with the approval of the Contractor. The Contractor shall mark which preventative maintenance items it authorizes the Government to perform on its behalf during the lease period.

Table 2 Vendor Scheduled Maintenance: Bidders shall complete Table 2 identifying any manufacturer required scheduled maintenance (if any) during the lease period. State "none or not applicable" if no pre-scheduled maintenance will be required for this equipment.

FOB: Destination

NET AMT

Heavy Dozer w/Ripper - Quantity (2)

D9 Dozer w/Ripper or equivalent. Lease Period: 1 April 2017 - 31 July 2017

See salient characteristics included in this solicitation. Brand name or equal items are acceptable. Equipment leased shall include user's manual.

Table 1 Government Scheduled Maintenance: Table 1 identifies preventive maintenance the Government is willing to perform with the approval of the contractor. The Contractor shall mark which preventative maintenance items it authorizes the Government to perform on its behalf during the lease period.

Table 2 Vendor Scheduled Maintenance: Bidders shall complete Table 2 identifying any manufacturer required scheduled maintenance (if any) during the lease period. State "none or not applicable" if no pre-scheduled maintenance will be required for this equipment.

NET AMT

Large Excavator - (2)

Cat 470G or equivalent. Lease Period: 1 April 2017 - 31 July 2017

See salient characteristics included in this solicitation. Brand name or equal items are acceptable. Equipment leased shall include user's manual.

Table 1 Government Scheduled Maintenance: Table 1 identifies preventive maintenance the Government is willing to perform with the approval of the contractor. The Contractor shall mark which preventative maintenance items it authorizes the Government to perform on its behalf during the lease period.

Table 2 Vendor Scheduled Maintenance: Bidders shall complete Table 2 identifying any manufacturer required scheduled maintenance (if any) during the lease period. State "none or not applicable" if no pre-scheduled maintenance will be required for this equipment.

NET AMT

20 Yard Dump Truck - Quantity (2)

John Deer 300D or equivalent 20 yard dump truck. Lease Period: 1 April 2017 - 31 July 2017

See salient characteristics included in this solicitation. Brand name or equal items are acceptable. Equipment leased shall include user's manual.

Table 1 Government Scheduled Maintenancee: Table 1 identifies preventive maintenance the Government is willing to perform with the approval of the contractor. The Contractor shall mark which preventative maintenance items it authorizes the Government to perform on its behalf during the lease period.

Table 2 Vendor Scheduled Maintenance: Bidders shall complete Table 2 identifying any manufacturer required scheduled maintenance (if any) during the lease period. State "none or not applicable" if no pre-scheduled maintenance will be required for this equipment.

NET AMT

Oil and Filters

See salient characteristics included in this solicitation. Brand Name or Equal items are acceptable.

Required for all maintenance performed by the Government on leased equipment throughout lease period of 1 April 2017 to 31 July 2017 as identified in Table 1 Government Scheduled Maintenance.

NET AMT

Transportation of Equipment

Transportation of all equipment and oil/filters for heavy equipment rentals to and from the Old Harbor work Site

Delivery: NLT 1 April, 2017 Pickup: Between 30 July and NLT 6 Aug 2017

NET AMT

Unscheduled Maint Diagnostics

Contractor shall perform non-routine maintenance repair diagnostics for each instance of unscheduled equipment failure during the lease period of 1 April 2017 - 31 July 2017. The results shall be submitted in writing to the Contracting Officer's Rep (COR) to include the date, replacement part numbers, and replacement part pricing.

The COR shall submit the diagnostic repair estimate to the Contracting Officer/Office for price reasonableness determination and approval before authorizing the repair.

This is a not-to-exceed priced CLIN.

**The Contractor shall provide an hourly labor rate to perform maintenance diagnostics under this CLIN in response to the solicitation.

NET AMT

Travel for Unscheduled Maint

Estimated Travel for Unscheduled Maintenance (including Room and Board).

All travel cost shall be in accordance with the Government Joint Travel Regulations (JTR) pricing identified at this link: http://www.defensetravel.dod.mil/site/travelreg.cfm) under a firm fixed price.

Contractor shall provide travel estimate in writing to perform the unscheduled repair (along with the CLIN 0007 diagnostic repair estimate).

The COR shall submit diagnostic repair and travel estimates to the Contracting Officer/Office for price reasonableness determination and approval before authorizing the repair.

This is a not-to-exceed priced CLIN.

NET AMT

Unsheduled Repair/Maint

The Contractor shall perform unscheduled non-routine repair/maintenance identified and authorized in writing by a Warranted Contracting Officer (provided by the COR) in advance of any repair diagnosed under CLIN 0007.

The Contractor shall be onsite within 72 hours of notification by the COR to perform the authorized unscheduled maintenance. Any work performed by the Contractor outside of these parameters is not authorized and will not be paid by the Government.

This is a not-to-exceed priced CLIN.

NET AMT

SALIENT CHARACTERISTICS

(3) CS74B (CLIN 0001) or equivalent compactor Horse Power: 160hp (+/- 15hp) Operating Weight: 30,000 lbs. (+/- 3,000lbs) Drum Width: 83.9” (+/- 4”) Drum Diameter: 59.1” (+/- 4”) Drum Load: 182.9 (Per sq. Inch) Drum Type: Single Smooth Drum Roller Tracked or Rubber Tire: Tires & Drums Minimum Compaction Rate: 65,000 lbs. (no less than 60,000 lbs.)

Fuel Type: Diesel Age of Equipment: No more than 4,000 operating hours

(2) D9 Dozer w/Ripper (CLIN 0002) or equivalent heavy bulldozer Net Power: 415 hp (+/- 50 hp) Operating Weight: 90,000 lb. (no less than 90,000 lbs. delivered with blade installed) Blade Type: Semi-U Blade Blade SAW Capacity: 16 cu. Yd. (+/- 3 cu. Yd.)

Attachments: Rear Parallelogram Ripper with hydraulic pitch adjustment Ripper Spec: Single Shank Preferred Tracked or Rubber Tire: Tracked Fuel Type: Diesel Age of Equipment: Less than 4000hr since last rebuild.

(2) Cat 470G (CLIN 0003)or equivalent large excavator Net Power: 360 hp (+/- 50 hp) Weight: 112,000 lbs. (+/- 3,000lbs) Arm Length: 25 ft.

Bucket Width: 48 in.

Bucket Capacity: 4 cu. yd. or better Bucket Option: Bucket should be for blasted rock w/ thumb available for use Tracked or Rubber Tire: Tracked Fuel Type: Diesel Age of Equipment: No more than 2,000 operating hours

(2) John Deere 300D (CLIN 0004) or equivalent 20 yard dump truck Horsepower: 285 hp (+/- 25 hp) Heaped Capacity: 20 Cu. Yd. or better Rated Payload: 60,000 lb. Or better Dump Body Side Rail Height: 9 ft.

Tracked or Rubber Tire: Rubber Tire Fuel Type: Diesel Age of Equipment: No more than 15,000 operating hours

Oils and Filters (CLIN 0005) Please provide all oils and filters for 660 HRS of total gear time. Required for all maintenance performed by Government on leased equipment as identified in Attachment 1 – Government Maintenance Tab.

TECHNICAL EVALUATION WORKSHEET

PR Nomenclature: IRT OLD HARBOR PR #: M00048-17-SU-00016 Solicitation #: M267861-17-R-0001

Technical Acceptability: Enter Company Name

CS74B or Equal Horse Power: 160hp (+/- 15hp) Operating Weight: 30,000 lbs. (+/- 3,000lbs) Drum Width: 83.9” (+/- 4”) Drum Diameter: 59.1” (+/- 4”) Drum Load: 182.9 (Per sq. Inch) Drum Type: Single Smooth Drum Roller Tracked or Rubber Tire: Tires & Drums Minimum Compaction Rate: 65,000 lbs. (no less than 60,000 lbs.)

Fuel Type: Diesel Age of Equipment: No more than 4,000 operating hours

D9 Dozer w/Ripper or Equal Net Power: 415 hp (+/- 50 hp) Operating Weight: 90,000 lb. (no less than 90,000 lbs. delivered with blade installed) Blade Type: Semi-U Blade Blade SAW Capacity: 16 cu. Yd. (+/- 3 cu. Yd.)

Attachments: Rear Parallelogram Ripper with hydraulic pitch adjustment Ripper Spec: Single Shank Preferred Tracked or Rubber Tire: Tracked

Age of Equipment: Less than 4000hr since last rebuild

Cat 470G or equalNet Power: Net Power: 360 hp (+/- 50 hp) Weight: 112,000 lbs. (+/- 3,000lbs) Arm Length: 25 ft.

Bucket Width: 48 in.

Bucket Capacity: 4 cu. yd. or better Bucket Option: Bucket should be for blasted rock w/ thumb available for use Tracked or Rubber Tire: Tracked

Age of Equipment: No more than 2,000 operating hours

Jhon Deere 300D or equal Horsepower: Horespower: 285 hp (+/- 25 hp) Heaped Caacity: 20 Cu. Yd. or better Rated Payload: 60,000 lb. Or better Dump Body Side Rail Height: 9 ft.

Tracked or Rubber Tire: Rubber Tire

Age of Equipment: No more than 15,000 operating hours

Delivery of all Equpment by April 1, 2017

INSTRUCTIONS TO OFFERORS

1 Synopsis: This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

2 Brand Name or Equal Product: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract for the lease of (3) CS74B or equivalent compactor, (2) D9 Dozer w/Ripper or equivalent heavy bulldozer, (2) Cat 470G or equivalent large excavator, (2) John Deere 300D or equivalent 20 yard dump truck.

7 Market Research: Market research conducted via World Wide Web (WWW), and historical contracts revealed that there is NOT a reasonable expectation of obtaining two or more offers from small business concerns for all items required by this solicitation

Include and complete the following statements as needed for your solicitation.

QUOTATION INSTRUCTIONS

8Quotations/bids may be submitted via email only to Marcus.Pfister@usmc.mil and copy shelly.mentzos@usmc.mil and alexis.whitaker@usmc.mil .

9All responsible sources may submit a quotation which, if received in a timely manner, shall be considered by the agency.

10 Award will be made to the lowest-priced technically acceptable (LPTA). The Technical Evaluation Template that will be used to evaluate the LPTA bid is incorporated herein for Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.

11 The Government will accept Open Market offers only.

12 The Government will consider brand name or equal bids.

13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 WAWF Instructions clause in this solicitation. The awardee will be required to register for an account before award if not currently doing business with the Government in order to submit invoices accordingly.

14 Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

15 NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS shall be sent in writing via email marcus.pfister@usmc.mil and copy shelly.mentzos@usmc and alexis.whitaker@usmc.mil 16 In the event only one offer is received in response to this solicitation the Government may request a detailed cost break-out of your quote for the purposes of comparisons in determining fair and reasonability of your quoted prices in accordance with DFARS 252.215-7008 herein.

17 The Contracting Officer may review Past Performance Information Retrieval System (PPIRS) for responsibility determination purposes.

18 The Government reserves the right to make award solely on initial quotes received on an all or none or multiple award basis.

19 Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation.

INSTRUCTIONS TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION

20 Bidders should include and comply with all remaining numbered instructions to Offerors:

21 CAGE code 22 DUNS number 23 Address 24 Point of contact 25 Confirmation that delivery of all contract line items will be delivered and ready for use on or by 1 April 2017 on the face of the bid. Bidders shall provide the anticipated delivery date for each contract line item 0001 through 0006. This shall be visible on the face of the quote and not incorporated as a link or other attachment.

26 Prompt payment/discount terms (if offered). This will not be used to evaluate offers.

28 Manufacturer Part Number and Contractor Part Number (if bidding an equal product to the one listed in this solicitation).

29 Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

33 Brand Name or Equal Bids: All responses to this solicitation shall indicate whether the firm is offering a ‘brand name manufacturer's products’ or ‘equal products.’ Descriptive literature is required with all quotes. Firms should submit sufficient descriptive literature or language to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation in accordance to the Lowest Priced Technically Acceptable Template included/attached to this solicitation. Firms offering "equal" items should provide the make, model, description of the items, and product literature/brochures/language. This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation.

39 Unscheduled Services/Delivery: Contract line items (CLINs) 0007 through 0009 for unscheduled maintenance diagnostics, unscheduled maintenance travel, and unscheduled maintenance/repairs are listed in this soliciation strictly for contractor awareness for award and will not be included in the Lowest Priced Technically Acceptable (LPTA) evaluation for award.

43 Service Contract Labor Standards - Bidders shall provide self-certification in 52.212-3(K) (1) or (2) certifying whether this solicitation is exempt from the Service Contract Labor Standards. This clause is included in this solicitation and can also be found at http://farsite.hill.af.mil/vffar.htm.

45Completion of the Following Clauses/Tables/Attachments/Etc.: (a) Bidders shall complete the following clauses listed in this solicitation: FAR 52.212-3(k)(2) as stated in number 43 above, FAR 52.209-2, FAR 52.209-7, FAR 52.209-11. FAR clauses can be pritned and completed manually at http://farsite.hill.af.mil/VFFARA.HTM or completed manually within this solicitation.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2017

CLINT HUNT

100 MARINE WAY

OLD HARBOR AK 99643

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

31-JUL-2017

M00048

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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:

41 Basis of Award - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price offer or multiple offers, will be forwarded to the requiring activity for technical evaluation (offer(s) will be deemed either technically acceptable or technically unacceptable). If the lowest price offer or offers is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer(s). If the lowest price offer is determined technically unacceptable, another analysis will be conducted amongst the remaining offers to determine if a single or multiple awards will provide the lowest price. The lowest price offer(s) will be sent for technical evaluation. This process is repeated in order of price until an offer or combination of offers is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

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

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

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

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

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

(g)(1)(…