Solicitation_N00174-17-R-0006.pdf

SEE ADDENDUM

(No Collect Calls)

N00174-17-R-0006 07-Jun-2017

b. TELEPHONE NUMBER

301-744-6746

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 10 Jul 2017

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 X 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.

N001749. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WAYLIN M. DUHON

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.X

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

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

NSWC IHEODTD N

4081 N. JACKSON RD

BLDG 841

INDIAN HEAD MD 20640-5116

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562211

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 OF68

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.

N00174-17-R-0006

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Resource Conservation and Recovery Act

RCRA Treatment of Energetic Materials

Demilitarization (DEMIL) and disposal of various weapons components classed as reactive hazardous waste (Resource Conservation and Recovery Act (RCRA) 40

CFR 261.23, D003, Characteristic Hazardous Waste).”

FFP

Base Year in accordance with Performance Work Statement (PWS)

NET AMT

0002 1 Lot ODCs

COST

Cost - NOT TO EXCEED - $110,889.00

Base Year in accordance with Performance Work Statement (PWS)

ODC'S are Not to Exceed amounts that are inclusive of any associated indirect rates. ODCs are not subject to fee.

FOB: Destination

ESTIMATED COST

0003 1 Lot OPTION Resource Conservation and Recovery Act

Option Year I in accordance with Performance Work Statement (PWS)

0004 1 Lot OPTION ODCs

COST

Cost - NOT TO EXCEED - $110,889.00

Option Year 1 in accordance with Performance Work Statement (PWS)

ODC'S are Not to Exceed amounts that are inclusive of any associated indirect

0005 1 Lot

Option Year II in accordance with Performance Work Statement (PWS)

0006 1 Lot OPTION ODCs

Option Year 2 in accordance with Performance Work Statement (PWS)

0007 1 Lot

Option Year III in accordance with Performance Work Statement (PWS)

0008 1 Lot OPTION ODCs

Option Year 3 in accordance with Performance Work Statement (PWS)

0009 1 Lot

OptionYear IV in accordance with Performance Work Statement (PWS)

0010 1 Lot OPTION ODCs

Option Year 4 in accordance with Performance Work Statement (PWS)

PERFORMANCE WORK STATEMENT

PERFORMANCED BASED

STATEMENT OF WORK

FOR

RCRA TREATMENT OF D003 ENERGETIC MATERIALS

1.0 GENERAL

1.1 Introduction

One of the missions of the Naval Surface Warfare Center Indian Head Explosive Ordnance

Disposal Technology Division (NSWCIHEODTD), Indian Head, MD is to perform demilitarization (demil) and disposal of various weapons components classed as reactive hazardous waste (Resource Conservation and Recovery Act (RCRA) 40 CFR 261.23, D003, Characteristic Hazardous Waste).” Indian Head is permitted to undertake some open burning;

however, open detonation treatments and the use of specialized, closed demil methods must be accomplished at other hazardous waste treatment facilities. Demilitarization is the act of destroying the military offensive or defensive advantages inherent in certain types of equipment or material. The term comprehends mutilation, dumping at sea [no longer permissible], cutting, crushing, scrapping, melting, burning or other alteration designed to prevent further use of this equipment and material for its originally intended military or lethal purpose and applies equally to material in unserviceable or serviceable condition that has been screened through an Inventory

Control Point (ICP). Disposal is the process of redistributing, transferring or donating, abandoning, destroying or other disposition of Department of Defense personal property.

(Excerpted from “Defense Demilitarization Manual,” Oct 1991, incorporating change 1 of Feb

1995.)

Demilitarization is performed at the NSWCIHEODTD open burn facility. This facility has a permit granted by the State of Maryland for treatment of hazardous waste (See 40 CFR). The

NSWCIHEODTD has the capability to prepare, if necessary, materials for demil, by various means of disassembly or sectioning by cutting. Following demil, materials will undergo disposal by appropriate methods such as land filling, open burning and other methods which meet land ban requirements and/or resource recovery and recycling requirements. Closed demil technologies are preferred.

The purpose of this contract is to provide support in treating reactive hazardous waste which is not feasible to treat at NSWCIHEODTD Strauss Avenue Burn Point because of possible detonation hazard, other permit restrictions and/or treatment facility timely availability considerations. The possibility exists for multiple Environmental Protection Agency (EPA) waste codes, in addition to D003, necessitated by other components or underlying hazardous constituents such as asbestos, ammonium perchlorate; heavy metals, which may include lead, mercury; and others.

1.2 Background (For Informational Purposes Only)

NSWCIHEODTD supports the Research Development Test and Evaluation (RDT&E) of explosives and explosive systems, particularly fuzing and warhead sub-systems. Many primary and secondary explosives are utilized in these tasks any disposal in economically feasible quantities at NSWC IHEODTD is not currently possible.

1.3 Scope

Required support shall be provided in accordance with specific, individually written Task Orders

(TOs) within the general scope of this Statement of Work and the issued contract. This contract is an Indefinite Delivery, Indefinite Quantity (ID/IQ) type, with an initial period of performance of 12 months, and provisions for four twelve-month option periods, which may be exercised at the discretion of the Government. The initial task order will be for up to 7200 grams of DXN-1 primary explosive and additional first year tasks may follow.

The purpose of this Statement of Work is to assist the NSWCIHEODTD Program Office in executing demilitarization and disposal of excess energetic materials and components of weapons systems which cannot be disposed of at the IHDIV NAVSURFWARCEN permitted treatment facility.

2.0 APPLICABLE DOCUMENTS

U.S. Environmental Protection Agency Code of Federal Regulations, 40 CFR.

U.S. Department of Transportation Code of Federal Regulations 49 CFR.

U.S. Department of Labor Code of Federal Regulations 29 CFR Part 1910

Applicable state’s Code of Environmental Regulations for each treatment facility’s location.

DOD Contractor’s Safety Manual for Explosives, DOD 4145.26-M, current revision

Defense Demilitarization Manual, DoD 4160.21-M-1, 21 Oct 1991, incorporating

Change 1, 14 Feb 1995.

Unless otherwise specified, the documents of the issue listed above form a part of the Statement of Work. They are to be used for general guidance only. Applicable standards, specifications, instructions and directives shall be tailored to meet the specific requirements of each task and shall be identified in the individual task orders.

Unless otherwise specified, the DOD Contractor’s Safety Manual for Explosives, DOD 4145.26-

M, current revision at the date of this Statement of Work, shall apply to all task orders placed on this contract.

3.0 REQUIREMENTS

The contractor shall advise and assist the Government, but shall not make final decisions or certifications on behalf of the Government nor perform any inherently governmental functions.

The contractor and its employees shall not represent the Government in the performance of these contract services.

The Government requires hazardous waste treatment, hazardous waste transportation and hazardous waste expertise.

3.1 Hazardous Waste Treatment

The Government requires hazardous waste treatment of components of weapons systems which are reactive and have a D003 Resource Conservation and Recovery Act (RCRA) Hazardous

Waste Code. Other reactive materials related to the demilitarization may be bulk explosives and propellants, as well as contaminated solvent used for decontamination. The contractor shall provide support in treating reactive hazardous waste which is not feasible to treat at

NSWCIHEODTD because of possible detonation hazard, other permit restrictions or treatment facility scheduling considerations. There may be multiple waste codes, in addition to D003, created by other components or underlying hazardous constituents such as asbestos, ammonium perchlorate; heavy metals, which may include lead, mercury and others.

3.2 Hazardous Waste Transportation

The Government will arrange for the shipment of hazardous waste in compliance with CFR 49 regulations unless the task order specifically requests contractor to arrange transportation. When specified in individual task orders, the Government requires arrangement and transportation by certified haulers for energetics and hazardous material, assistance in selecting appropriate

Performance Oriented Packaging (POP) per U. S. Department of Transportation (DOT) requirements, assistance in drafting hazardous waste manifests, land disposal restriction documentation, and profiling of each waste in accordance with U. S. EPA, State EPA and local regulations to satisfy requirements for the treatment, storage and disposal facility. Hazardous waste manifests, if prepared by the contractor, shall be signed by the contractor of designated personnel representing the generator of the document.

3.3 Hazardous Waste Expertise

As specified in individual task orders, the Government requires on-site, or at the contractor-located site, contractor personnel with expertise in transporting and treating energetic hazardous waste. These contractor personnel shall advise on the feasibility of treatment and possible disassembly methods. The Government requires that the expert contractor have experience in explosives, propellants and pyrotechnics and munitions or munitions components, handling, packaging , labeling, transportation and disposal of hazardous materials, reactive hazardous waste, material potentially presenting an explosive hazard (MPPEH), munitions or energetics of concern and bulk energetics and munitions items. The Government requires the expert to have relevant knowledge of energetic material, munitions treatment methods, demil equipment and systems, proper shipping documentation for reactive or energetics-contaminated materials, of health and safety legislation, transportation legislation and proper documentation for shipping and RCRA disposal and certification of treatment.

4.0 DELIVERABLES

4.1 Price-Per-Pound of Hazardous Waste

The Government requires a price-per-pound declaration of the charge for the treated material under each task order. Declarations shall indicate what factors are included in the total weight for which the Government is billed, and shall be submitted to the technical point of contact listed in section 5.0 of this statement of work at least 30 days in advance of work being performed.

4.2 Best Management Practices

The Government requires performance of best management practices in the treatment of hazardous waste. These practices shall include, but not be limited to, conforming to applicable methods approved under applicable RCRA permits and land disposal restrictions.

4.3 Written Certification

The Government requires written certification indicating methods used for disposal, certifying fate of manifested quantity and any residual waste streams generated as a result of the treatment, in accordance with the Code of Federal Regulations (CFR) 40 Part 262 Regulations and the U.S

Environmental Protection Agency (EPA) Form 8700-22. The written certification shall be provided to the Contracting Officer Representative (COR).

4.4 Permits

The Government requires documentation verifying possession of permits necessary to operate a treatment, storage and disposal (TSD) facility in the State of the treatment, storage and disposal facility, in accordance with CFR 40 Part 262 Regulations and the U.S EPA Form 8700-22. This documentation shall be submitted with the proposal before a contractor will be considered for award.

4.5 Hazardous Waste Manifest and Land Ban Documentation

The Government requires a completed Universal Hazardous Waste Manifest and Land Ban

Documentation in accordance with CFR 40 prior to contractor shipment of each lot of material to be treated. Required forms shall be signed by the contractor or designated personnel representing the generator of the document.

5.0 DISCLAIMER STATEMENT

All work performed under this Statement of Work, and all task orders, must comply with applicable laws and regulations of the state in which the work is being performed, including all applicable Federal laws and regulations, and all applicable Department of Defense Regulations.

6.0 TRAVEL REQUIREMENTS

The contractor may be required to travel in performance of this contract. Specific travel requirements will be negotiated as required for each task order, and shall be approved in advance by the Government. Costs associated with travel and lodging shall be reimbursed in accordance with the Joint Travel Regulations (JTR).

7.0 GOVERNMENT FURNISHED INFORMATION

7.1 Chemical Composition, Specification and Weight

With each task for disposal, the Government will furnish the chemical composition of the material to be treated for purposes of land disposal restrictions and profiling. The Government shall also furnish any applicable specification, the net explosive weight, and the gross weight of material to be treated including packaging.

8.0 Waste Characterization

With each task for approval the government shall furnish waste characterization information required by contractor and the State in which the contractor facility is located. The government shall also inform the contractor about any special handling requirements or properties regarding safety or environmental traits.

8.1 Documentation

With each task, the government shall furnish a copy of the Universal Hazardous Waste Manifest and Land Ban Documentation Information to ensure compliance with contractor’s permit, applicable Material Safety Data Sheets (MSDSs), applicable hazard classification documentation specifications, drawings and other documentation the contractor may need for permit compliance and determining treatment methods. This information shall be furnished as required by the contractor to allow time for contractor review in determining acceptance of material for treatment.

8.2 Samples

If necessary for full characterization, the government shall furnish samples to the contractor of the proposed energetic material or system proposed for treatment.

8.3 Schedule

The government shall furnish to contractor a treatment requirement schedule for each lot in each task order to establish a mutually acceptable delivery time for material to be treated at contractor facility

9.0 QUALITY ASSURANCE

A Government representative, designated by the COR, shall be granted access to the contractor facility prior to and during the treatment of the energetic hazardous waste. This shall be for the purposes of verifying destruction of materials and reviewing the treatment strategies planned for the materials.

10.0 SECURITY REQUIREMENTS

None of the materials designated for treatment are classified CONFIDENTIAL or higher by the

Department of Defense or Strategic Systems Program.

11.0 SAFETY & SHIPPING REQUIREMENTS

The Government requires adherence to the safety requirements of the DOD Contractor’s Safety

Manual for Explosives, DOD 4145.26-M, current revision.

The Government requires compliance with CFR 40 and 49 shipping regulations regarding authorized combinations of explosive articles, types of containers, load limits, and proper stowage and shoring of cargo.

INSPECTION/ACCEPTANCE

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

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

DELIVERY

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO

ADDRESS

DODAAC

0001 To be specified in individual delivery orders

To be specified in individual delivery orders

To be specified in individual delivery orders

N00174

0002 To be specified in orders

To be specified in individual delivery orders

To be specified in individual delivery

0003 To be specified in orders

To be specified in individual delivery orders

To be specified in individual delivery

0004 To be specified in orders

To be specified in individual delivery orders

To be specified in individual delivery

0005 To be specified in orders

To be specified in individual delivery orders

To be specified in individual delivery

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under and Federal Law

FEB 2016

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

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

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.245-1 Government Property APR 2012

52.245-9 Use And Charges APR 2012

252.201-7000 Contracting Officer's Representative DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.216-7006 Ordering MAY 2011

252.219-7003 Alt I

(Dev)

Small Business Subcontracting Plan (DoD Contracts)

(Deviation 2016-O0009) Alternate I

AUG 2016

252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal SEP 2016

252.247-7023 Transportation of Supplies by Sea APR 2014

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:

( in descending order of importance)

FACTOR 1 - TECHNICAL

1. Technical Approach (Sub-factor 1)

2. Personnel Resources (Sub-factor 2)

3. Facilities (Sub-factor 3)

FACTOR 2 - PAST PERFORMANCE

FACTOR 3 - SMALL BUSINESS SUBCONTRACTING PLAN

FACTOR 4 - COST

Technical and past performance, when combined, are more important than cost, however cost becomes more of a deciding factor of importance, when Offerors receive similar ratings for the other factors. . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to 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 (JUL 2016)

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 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 https://www.sam.gov/portal 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 https://www.acquisition.gov/ 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 (r) 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.

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 the offeror and/or any of its principals--

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

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

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability,…