N0018918QG142_NSSF_COMPRESSOR_AND_DRYER_PM.docx

N0018918QG142

Section SF 1449 - CONTINUATION SHEET

MAINTENANCE, COMPRESSORS AND DRYERS

FFP

Bi-annual Preventive Maintenance for Rotary and Belt-Driven Air Compressors and Air Dryers at various locations for NSSF at Naval Submarine Base Groton, CT.

See Incorporated Statement of Work for Details

Base Year- Estimated Period of Performance 01 Jun 2018 - 31 May 2019

FOB: Destination

MILSTRIP: N6831618RC039GR

PURCHASE REQUEST NUMBER: N6831618RC039GR

ADDITIONAL MARKINGS: POC TBD

NET AMT

FFP

Bi-annual Preventive Maintenance for Rotary and Belt-Driven Air Compressors and Air Dryers at various locations for NSSF at Naval Submarine Base Groton, CT.

See Incorporated Statement of Work for Details

Option 1, Estimated Period of Performance 01 Jun 2019 - 31 May 2020

FOB: Destination

NET AMT

FFP

Bi-annual Preventive Maintenance for Rotary and Belt-Driven Air Compressors and Air Dryers at various locations for NSSF at Naval Submarine Base Groton, CT.

See Incorporated Statement of Work for Details

Option 2, Estimated Period of Performance 01 Jun 2020 - 31 May 2021

NET AMT

FFP

Bi-annual Preventive Maintenance for Rotary and Belt-Driven Air Compressors and Air Dryers at various locations for NSSF at Naval Submarine Base Groton, CT.

Option 3, Estimated Period of Performance 01 Jun 2021 - 31 May 2022

NET AMT

FFP

Bi-annual Preventive Maintenance for Rotary and Belt-Driven Air Compressors and Air Dryers at various locations for NSSF at Naval Submarine Base Groton, CT.

Option 4, Estimated Period of Performance 01 Jun 2022 - 31 May 2023

NET AMT

FFP

Option to Extend, Period of performance from 01 June 2023 to 30 November 2023

Bi-annual Preventive Maintenance for Rotary and Belt-Driven Air Compressors and Air Dryers at various locations for NSSF at Naval Submarine Base Groton, CT.

NET AMT

STATEMENT OF WORK

STATEMENT OF WORK / SPECIFICATIONS

NAVAL SUBMARINE SUPPORT FACILITY (NSSF)

ROTARY SCREW & BELT DRIVEN AIR COMPRESSOR AND AIR DRYER

PREVENTIVE MAINTENANCE

1.0 Background

Naval Submarine Support Facility (NSSF) requires an annual contract with biannual (2 visits, per year) Preventive Maintenance for Rotary Screw and Belt Driven Air Compressors and Air Dryers on five (5) air compressors and four (4) air dryers located at building 456, building, 174, and the spruce barge at the Naval Submarine Base in Groton, CT. All Rotary Screw and Belt Driven Air Compressors and Air Dryers shall be serviced in accordance with the OEM specifications and working parameters to the maximum extent practical. The preventative maintenance is necessary for a base year and four option periods.

2.0 Scope of Work

The purpose of this contract is to perform (one) major and (one) minor preventive maintenance service in conformity with the maintenance schedule indicated Section 3.0. The contractor shall inspect, test, clean, lubricate, adjust, and calibrate equipment, as well as replace and install new maintenance parts in accordance with OEM specifications and working parameters to the maximum extent practical. The contractor shall coordinate with the Government Technical Point of Contact (GTPOC) in Section 5 to perform the scheduled preventive maintenance and begin the base year period by completing the major service.

Table A – Air Compressor & Air Dryer

BLDG 456

460V, 3-Phase, 60hz

460V, 3-Phase, 60hz

Breathing Air

Breathing Air

Table B – Known Manufacturer Recommended Preventive Maintenance Parts List

Line Filter(s)

Oil/Water Separator(s)

Known Preventive Maintenance Parts

· 10 Oil Filters

· 12 Inlet Filter Elements

· 5 Air/Oil Separator Element Kits

· 9 Five Gallon Pails of Oil

· 2 Belt Sets

2.1 Contractor Innovation and Solution

The minimum specifications listed herein represent the basic requirements of this project only. The government is relying on the contractor’s expertise and industry knowledge to make “innovative recommendations” in accordance with the specifications provided and satisfy the government needs in the most efficient and effective way possible.

2.2 Proprietary Rights

All requirement related contractor proposed solutions (to this project) are subject to government review and acceptance. All resultant documents (blueprint plans, schematic diagrams, pictures, etc.) from contractor proposed solutions on any format (electronic and/or hard copy); under this contract shall be the property of the government unless otherwise specified in writing by the Contracting Officer.

2.3 Contractor Qualifications

The contractor shall demonstrate educational and/or equivalent experience, aptitude and technical competence in the field of Rotary Screw and Belt-Driven Air Compressors and Air Dryer operations, maintenance, testing, calibrations, and repairs for the stated equipment.

3.0 Contractor Requirements/Minimum Specifications

3.1 The contractor shall perform (one) major and (one) minor preventive maintenance service for five (5) Air Compressors and four (4) Air Dryers in accordance with maintenance schedule below.

3.2 The contractor shall inspect, test, clean, lubricate, adjust, and calibrate equipment, as well as replace and install new maintenance parts in accordance with OEM specifications and working parameters to the maximum extent practical.

3.3 The contractor shall coordinate the preventive maintenance schedule with the Government Technical Point of Contact (GTPOC) as identified in Section 6.

3.4 The contractor shall provide a detailed written report of all equipment status within (5) business days of performing major and minor preventive maintenance service to the GTPOC.

Minor-Biannual Preventive Maintenance

· Replace the oil filters

· Replace the inlet filter elements

· Grease the bearings in the drive motors

· Replace the coalescing line filter element in the barge line filter

· Inspect/tighten the drive belts

· Inspect the drive-coupling elements for any wear

· Clean and adjust all of the control components

· Clean and inspect the scavenge line system for proper operation

· Top off each unit with the correct oil

· Test all of the safety devices

· Check all of the equipment for leaks

· Externally blow out the air/oil coolers

· Externally clean the condenser in each refrigerated air dryer

· Check condensate removal systems for proper operation

· Drain the receiver tanks of any water

· Check/tighten all of the electrical connections

· Start-up of equipment

· Check/record voltage requirements

· Check/record amperage requirements

· Check/record pressures and temperatures

· Monitor for any unusual noise or vibration

· Clean all of the equipment externally

· Reset all maintenance indicators

Major - Annual Preventive Maintenance

All of the above items and additionally:

· Replace the drive belts

· Remove and replace the air/oil separator elements

· Drain and replace all of the compressor fluids

· Replace all of the inline filter elements

3.5 Deliverables

3.5.1 The Contractor shall record operating data, volts, amps, pressure, and temperatures during major and minor maintenance services. The Contractor shall develop and maintain reports and/or spreadsheets that provide statistical, historical information, and full report regarding the condition of the (5) Air Compressors and (4) Air Dryers within (5) five business days after each major and minor maintenance service.

3.5.2 The Contractor shall submit complete written reports to the Government Technical Point of Contact (GTPOC) within (5) five business days after completion of each major and minor maintenance service. The format, scope, and content of this database and/or spreadsheet shall be approved by the Government Technical Point of Contact.

3.6 Contractor Responsibilities

The contractor is responsible for (but not limited to) the following:

a. Obtaining all necessary permits and licenses.

b. The contractor is responsible for submitting and coordinating a project maintenance plan with time line and obtaining approval from the Subase Naval Submarine Support Facility (NSSF) thru the technical point of contact (to be identified upon contract award) prior to the beginning of any work for this project.

c. Delivering all equipment to the job site(s).

d. Supply and install all parts, equipment and supplies related to this project.

e. Installing all products in accordance with local, state and federal (Navy) rules and regulations.

f. Ensuring that all its employees conduct themselves in a businesslike, professional manner at all times while on site.

g. Keeping the site clean and free of debris at all times. Contractor shall remove and dispose of all work-related garbage and debris before government acceptance.

h. If damage occurs to a government facility (interior and/or exterior features) or any equipment (permanently installed or portable) within the worksite while the contractor (or any of the sub-contractors working on the contractor’s behalf) is working on this particular project, the contractor is responsible for cost of the repair and/or replacement and restoration to its state prior to the damage’s occurrence.

i. The contractor shall not perform any work not included in this statement of work/specifications unless approved by the Contracting Officer through contract modification.

4.0 Emergency Repair and Trouble Calls

4.1 If repair work is discovered at any point during the inspection and preventive major and/or minor maintenance service is being executed /conducted by the contractor, the contractor shall not initiate the said repair and/or parts without prior approval and authorization from the GTPOC and Contracting Officer.

4.2 Repair Service is any maintenance and/or servicing performed by the contractor on a piece of equipment at other than planned scheduled time, and is necessary to keep the piece of equipment in proper operation condition.

4.3 The contractor shall respond on site for trouble calls within 24 hours of notification from the GTPOC. Trouble call notifications will be sent to the Contractor’s program manager or technical support staff during normal business hours Monday –Friday, 8:00 a.m. – 4:00 p.m. local time Groton, CT.

4.4 Prior to GTPOC and Contracting Officer approval, the contractor shall submit a “detailed quote” to the GTPOC for assessment. The quote shall include the following as a minimum: Nature of Repairs, Parts & Materials, Estimated Number of Hours, Unit Price, Extended Price, and Total Cost. The GTPOC shall evaluate the quote and provide written authorization for the contractor to commence work via contract modification that has been approved and authorized from the Contracting Officer.

5.0 Authorized Changes Only By the Contracting Officer

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

5.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s.

6.0 Administration

The contractor shall coordinate with the Government Technical Point of Contact (GTPOC) indicated in Section to arrange base access and preventive maintenance visits to RSG/NSSF.

6.1 Hours of Operation (Contractor Working Hours)

Monday thru Friday, 6:30 a.m. to 4:00 p.m., excluding Federal holidays (unless prior approval and authorization is granted by the GTPOC and Contracting Officer)

6.2 Work Location(s)

Naval Submarine Support Facility / Regional Support Group Naval Submarine Base New London – Lower Base Amberjack Road Groton, CT 06349

6.3 Primary Government Technical Point of Contact

Salvatore Cardello - Primary Tel: (860) 694-3522 E-mail: sal.cardello@navy.mil

Richard Abbruzzese - Primary Tel: (860) 694-3561 E-mail: sal.cardello@navy.mil

6.4 Period of Performance

Option Extend: June 1, 2023 – Nov 30, 2023

7.0 Method of Payment

Payment for this contract shall be made via DFAS Electronics Funds Transfer (EFT) utilizing the Wide Area Work Flow (WAWF) System. The contractor is required to register and setup an account in the WAWF System in order to receive payment. The Government reserves the right to change this payment method through other means only by a contract modification if necessary. Payment shall be monthly in arrears.

8.0 Security (Supplemental)

8.1 All contractor equipment, personnel and vehicles are subject to inspection and search by US government security officials (or designated representatives) upon entry to any government owned and/or operated installations and facilities.

8.2 Contractor personnel shall comply with all local base/installation security procedures required to gain access to US Government ships, facilities and other assets (as necessary).

8.3 If directed by US government security officials (or designated representatives), the contractor shall remove (and replace as necessary) contractor-personnel and/or its representatives considered a security risk at no additional cost to the government.

8.4 The contractor shall coordinate and comply with “all security requirements” regarding each personnel assigned to this project through the Government Technical Point of Contact (GTPOC) or designated representative within 10 working days (for base access purposes) of contract award.

8.5 Contractor shall provide full name (first, middle, last), and proof of identity of “all personnel” assigned on this project at least 10 working days of contract award. The information shall be routed to the Subase Security Officer via GTPOC for background and security check.

9.0 BASE VEHICLE PASSES

Base vehicle passes are required for all contractor employees privately owned vehicles requiring access to Government facilities for the performance of this contract. The methodology for obtaining varies from one installation to another, therefore; the contractor will coordinate with the GTPOC to gain access to the base facilities to complete the work assigned under this contract.

10.0 SECURITY CLEARANCE

The contractor is not required to have a security clearance to perform any of the services listed within this contract. If the contractor’s service trucks are over nine feet high, they will need to ask for a security corridor pass.

11.0 ACCESS TO GOVERNMENT FACILITIES

Government facilities will be made available to the contractor. Scheduling and access to facility will be coordinated through the GTPOC.

"Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Visiting vendors may obtain daily passes directly from the individual Navy installations by submitting identification credentials for verification and undergoing a criminal screening/ background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials at its own cost through one of the designated independent contractor NCACS service providers. Credentials will be issued every five years and access privileges will be reviewed/renewed on an annual basis. The costs incurred to obtain Navy installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Further information regarding NCACS can be found at http://cnic.navy.mil/CNIC_HQ_Site/index.htm (under "Popular Links")."

12.0 Enterprise-wide Vendor Manpower Reporting Application (ECMRA)

12.1 The contractor shall report vendor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Base Supply Center via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs).

The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

12.2 The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil/Login.aspx.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil/Login.aspx.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAY-2019

SUBASE NEW LONDON

GROTON CT 06349

N68316

31-MAY-2020

N68316

31-MAY-2021

N68316

31-MAY-2022

N68316

31-MAY-2023

N68316

30-NOV-2023

N68316

INSTRUCTIONS TO QUOTERS

Interested vendors may send the quotation to the Navy in any of the following ways;

(a) By E-mail to: sharon.dexter@navy.mil

(b) By Fax to 860.694.4271

Quotes are due not later than (NLT) Monday, 21 May 2018, 12:00 pm, Groton, CT local time.

The quotation shall include 10 parts:

1. The vendor shall state that it meets all requirements and takes no exceptions to the specifications listed in the Request for Quote (RFQ).

2. Vendors shall submit one original signed copy of the completed Standard Form (SF) 1449 and ALL applicable amendments to include the vendor’s DUNS, CAGE code, and TIN.

3. Price Information: Vendors shall complete Contract Line Item Number (CLIN) 1001 through 6001.

4. The vendor shall demonstrate educational and/or equivalent experience, aptitude and technical competence within the Rotary Screw and Belt-Driven Air Compressors and Air Dryer operations, maintenance, testing, calibration, and repairs by providing vendor training certificates and/or resume of experience.

5. The vendor shall provide (2) recent previous paid invoices and/or published price listing for the same or similar preventive maintenance service.

6. The vendor shall complete and return FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Confidentiality Agreements or Statements-Representation (Jan 2017).

7. The vendor shall complete and return FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

8 The vendor shall complete and return FAR 52.222-48 Exemption from Applications of the Service Contract for Maintenance, Calibration, or Repair of Certain Equipment-Requirement Services-Certification (NOV 2007).

9. The vendor shall complete FAR 52.212-3 Offeror Representations and Certifications and/or show that FAR 52.212-3 is complete in the System for Award Management (SAM). Information may be found at: https://www.sam.gov/portal/public/SAM/

10. Vendors shall submit one original signed copy of the completed Standard Form (SF) 1449, and if applicable, executed copies of all Amendments, and executed Representations and Certifications. Signed copies may be submitted to sharon.dexter@navy.mil. Quotes submitted shall be in accordance with the Schedule of Services contained in the solicitation. Quotes shall be held firm for sixty (60) days.

EVALUATION FOR AWARD (LOWEST PRICE, TECHNICALLY ACCEPTABLE)

Award of the purchase order resulting from this Request for Quote (RFQ) will be made to the responsible vendor whose submission (quote) is the lowest price, technically acceptable, in full compliance with all other requirements set forth in the RFQ. The Government reserves the right to judge which submissions show the required capability.

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

Signature: __________________

Name: _____________________

Title: ______________________

Date: ______________________

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.

(End of provision)

Signature: ___________________

Name: ______________________

Title: _______________________

Date: _______________________

52.222-48 EXEMPTION FROM APPLICATION OF SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

CERTIFICATION

The offeror ( ___ ) does ( ___ ) does not certify that--

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute--

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision--

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision)

Signature: ___________________

Name: ______________________

Title: _______________________

Date: _______________________

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) 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 (u) of this provision.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.