RFP_N40443-13-R-0103.docx

N40443-13-R-0103

Section SF 1449 - CONTINUATION SHEET

Line handler ST - Base Year

FFP

Straight time hourly rate (ceiling price) per individual line handler in the base year.

FOB: Destination

MAX

NET AMT

Line handler OT - Base Year

Over time hourly rate (ceiling price) per individual line handler in the base year.

MAX

Supervisory ST - Base Year

Straight time hourly rate (ceiling price) per individual supervisor in the base year.

MAX

Supervisory OT- Base Year

Overtime hourly rate (ceiling price) per individual supervisor in the base year.

MAX

FFP

Straight time hourly rate (ceiling price) per individual line handler in Option Period One.

MAX

FFP

Over time hourly rate (ceiling price) per individual line handler in Option Period One.

MAX

FFP

Straight time hourly rate (ceiling price) per individual supervisor in Option Period One.

MAX

FFP

Overtime hourly rate (ceiling price) per individual supervisor in Option Period One.

MAX

FFP

Straight time hourly rate (ceiling price) per individual line handler in Option Period Two

MAX

FFP

Over time hourly rate (ceiling price) per individual line handler in Option Period Two

MAX

FFP

Straight time hourly rate (ceiling price) per individual supervisor in Option Period Two

MAX

FFP

Overtime hourly rate (ceiling price) per individual supervisor in Option Period Two

MAX

FFP

Straight time hourly rate (ceiling price) per individual line handler in Option Period Three

MAX

FFP

Over time hourly rate (ceiling price) per individual line handler in Option Period Three

MAX

FFP

Straight time hourly rate (ceiling price) per individual supervisor in Option Period Three

MAX

FFP

Overtime hourly rate (ceiling price) per individual supervisor in Option Period Three

MAX

FFP

Straight time hourly rate (ceiling price) per individual line handler in Option Period Four

MAX

FFP

Over time hourly rate (ceiling price) per individual line handler in Option Period Four

MAX

FFP

Straight time hourly rate (ceiling price) per individual supervisor in Option Period Four

MAX

FFP

Overtime hourly rate (ceiling price) per individual supervisor in Option Period Four

MAX

MIN AND MAX

As referred to in Paragraph (b) of the “Indefinite Quantity” clause of this contract, the contract minimum and maximum quantities are as follows:

1. Minimum guarantee per contract: $800.00. The minimum applies to each contract award.

1. Maximum: $500,000.00. The maximum applies to the cumulative total of orders issued under all contracts awarded as a result of the solicitation. Success of each contractor competing for individual task orders will vary.

PERFORMANCE WORK STATEMENT

1. BACKGROUND

The Contractor is to provide all personnel, labor, supervision, and materials and equipment required to perform line handling services in the San Diego geographical area.

2. SCOPE OF WORK

The Contractor shall perform the following:

2.1. Line handling Services. The Contractor shall provide suitable and properly equipped individuals to handle all mooring lines required for fastening (Tie Up) and unfastening (Let Go) ships to and from piers and similar facilities. In performing such services, Contractor personnel shall comply with the directions of the ship’s officers and pilot. Contractor personnel may be required to work with heavy lines, wire ropes or both that range up to 12” in circumference. Line handling services may be required at any time of day and in any weather condition. Line handlers are to be employed as a team with a supervisor who will act as the Contractor’s point of contact between the ship and the line handling team (LHT). The Contractor, acting through the supervisor, shall be responsible for the conduct and with ensuring the safety and health of all line handling personnel.

2.1.1. Arrival (Tie Up) and Departure (Let Go) Line Handling Teams (LHT). The Government may order LHTs for the arrival and/or departure of the ships identified in paragraph 2.1.3 of this PWS.

2.1.2. Line Handler Availability. The Government may order line handling services at any time, 24 hours per day, seven days per week. LHTs are required to be on site and fully ready to perform no less than 60 minutes prior to the ship’s arrival or departure time as specified in the task order.

2.1.2.1. Standard/Straight Time: Normal work of eight (8) hours per day, five (5) days per week, Monday through Friday.

2.1.2.2. Overtime: Any work in excess of eight (8) hours per day or in excess of 40 hours per week, or work performed on Saturdays, Sundays, or Federal Holidays.

2.1.3. Ships Serviced. Line handling services will be provided to Military Sealift Command (MSC) Vessels; however, line handling services are not limited solely to MSC Vessels.

2.1.4. Transportation. Transportation of LHT personnel to and from the work site specified in the task order is the responsibility of the Contractor. Although parking may be available at the work site, it shall remain the responsibility of the Contractor to arrange parking for its personnel.

2.2. Estimated Quantity. The number of hours in each CLIN for each period of performance are estimates. The number of hours for each CLIN in each period of performance may be less or more than the estimated quantity.

3. PLACE OF PERFORMANCE.

3.1. Performance is required at the following two locations. The exact location will be specified in each individual task order:

3.1.1. Naval Base Point Loma

3.1.2. 32nd Street Naval Station

4. CONTRACT PERIOD OF PERFORMANCE

Note: The period of performance for each task order will be noted in the individual task order.

5. CONTRACTOR FURNISHED ITEMS

5.1. Safety Equipment. Contractor is required to ensure that LHT personnel are properly equipped to perform line handling services (e.g. appropriate clothing, USCG-approved vests / flotation devices, hard hats, gloves, work boots).

5.2. Other Contractor Provided Equipment. The Contractor is responsible for providing all equipment necessary to safely perform the line handling services required under this contract (e.g. programmable VHF Marine Transceiver (to communicate with Port Operations and the Pilot ), Boat Hook(s), etc.).

6. PERFORMANCE STANDARDS

6.1. This is a Performance Based Contract in accordance with FAR 37.6. The PWS provides specific requirements to accomplish the work. The Contractor shall be evaluated on its ability to provide quality deliverables in an efficient manner. The Government shall monitor the Contractor’s performance under this contract using the Performance Assessment Plan (PAP) developed by the Government (Attachment 1).

7. WAGE DETERMINATION

The following wage determination, in accordance with the Service Contract Act of 1965, as amended, is hereby incorporated by reference into the contract (to include subsequent revisions that may be issued during the course of the performance period) and compliance with the same is mandatory:

State: California Area: California Counties of Imperial, San Diego

WD 05-2057 (Rev.-13) was first posted on www.wdol.gov on 06/19/2012

8. OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS

8.1. AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

8.1.1. Except as specified in paragraph 8.1.1.1 below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this Contract shall constitute a change under the Changes clause of this Contract.

8.1.1.1. 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 a part of this Contract.

8.1.1.2. 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, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Name: TBD Mailing address: TBD Telephone number: TBD E-mail address: TBD Fax number: TBD

8.2. CONTRACT ADMINISTRATION AND DATA

8.2.1. Functions and Limitations of the Contracting Officer’s Representative (COR): The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract and will manage inspection of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations or change the specifications in the contract or issue Task Orders. If, as a result of technical discussions, it is desirable to alter contract obligations or statements of work, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing invoices submitted by the Contractor and informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

The following individual is appointed as Contract Officer’s Representative under this contract:

Name: TBD Mailing address: TBD Telephone number: TBD E-mail address: TBD Fax number: TBD

8.3. CONTRACTOR POINT OF CONTACT (POC)

The Contractor’s POC or his/her designated representative shall be available to the Contracting Officer during business hours and during a Task Order Period of Performance falling outside business hours. The people below are the Contractor’s POC and alternate POC:

POC:

Name: TBD Mailing address: TBD Telephone number: TBD E-mail address: TBD Fax number: TBD

Alt POC:

Name: TBD Mailing address: TBD Telephone number: TBD E-mail address: TBD Fax number: TBD

8.4. CONTRACTOR IDENTIFICATION

8.4.1. Contractor employees must be clearly identifiable while on Government property by wearing appropriate badges.

8.4.2. Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this Contract.

8.5. CONTRACTOR PERSONNEL

The Contractor is hereby advised that some contract requirements may take place at facilities where a visitor security clearance may be required. Therefore, the Government reserves the right to request any appropriate information concerning Contractor personnel as necessary to provide security check and/or clearances to enter such facilities. The Contractor must comply with COMSCINST 5521.1 and the Navsup Fleet Logistics Center San Diego Security Injects to Unclassified Contracts (NCACS) Clause contained herein.

8.6. CONTRACT TYPE

This will be an indefinite delivery-indefinite quantity (IDIQ) type Contract with firm-fixed price task orders. Under this type of contract, no work may be performed until directed by an Order signed by a warranted Contracting Officer.

8.7. PROCEDURES FOR TASK ORDERS

After Contract award, individual Task Orders (TOs) will be issued as necessary to support Contract requirements. All Contractors under the Multiple Award IDIQ will be sent a Request for Quote (RFQ) for services to be performed. Each RFQ will include a Performance Work Statement (PWS), instructions for submitting quotes, and the Government’s evaluation procedures. In response to the RFQ, the Contractors may provide a firm-fixed-price to complete the requirements and any information required by the RFQ’s instructions. This firm-fixed-price shall include all labor and the prices for labor (in whole hours only) shall be in accordance with the labor rates established in the Contract. The Contractors may offer lower rates when proposing for a task order, in which case the lower rates shall apply, but only to the task order for which the rates were offered. The Contractors shall respond to each RFQ within the time established by the Government for response (will vary on an Order by Order bases but is typically within 1 (one) business day after receipt of the RFQ). MSC Ship Support Unit (SSU) San Diego Contracting personnel will notify the Contractors of the successful Quoter. The successful Quoter will be directed to commence work via a TO sent from the Contracting Officer or Contract Specialist. The Contractor shall provide notice of acceptance of the TO by either commencing work or signing the SF 1449 and returning it to the Contracting Officer or Contract Specialist.

Electronic mail and facsimile are acceptable forms of transmission for all TOs, modifications, and correspondence issued under this Contract. Orders may be issued orally by the Contracting Officer; however, orally issued orders will be followed up with a written order within three (3) business days.

8.8. INVOICE INSTRUCTIONS

8.8.1. Payment against all individual orders on this contract shall be made using the Government Commercial Purchase Card (GCPC).

8.8.2. Upon issuance of a written order, the Contracting Officer will e-mail or fax a copy of the order to the Contractor and the Government Cardholder (CH). At this time, the CH will call the Contractor and give the Contractor his/her purchase card account information. The CH shall only provide the account information verbally.

8.8.3. The Contractor shall not bill or contact the CH for payment information until all required supplies and services listed in the order have been completed.

8.8.4. Once the order has been completed and payment processed, the Contractor shall provide the CH with an itemized invoice within 72 hours.

8.8.5. The CH cannot change any terms and conditions of the order or the basis contract. Any modifications to the order shall be communicated to the Contracting Officer for negotiation prior to billing the GCPC.

8.8.6. The designated CHs for this contract are:

Name: TBD Phone: TBD Email: TBD

8.9. PAPERLESS CONTRACT ADMINISTRATION

The Contractor shall arrange with the Contracting Officer for an electronic mail procedure for transmission of all contractual documents and correspondence. Contractors shall receive all contractual documents and correspondence via this method, and shall submit all correspondence and proposal information in the same manner. Scanners may be used for documents requiring signatures. MSC utilizes the MS Office suite of applications (i.e. Word, Excel) and Adobe Acrobat to conduct its contracting administration. Contractors wishing to do business with MSC shall utilize same programs.

8.10. CONTRACTOR MANPOWER REPORTING

8.10.1. The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

8.10.2. 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, beginning with 2013. Contractors may direct questions to the help desk at: http://www.ecmra.mil/

8.10.3. This effort supports DoD’s Inventory of Contract Services (ICS). Source of this requirement is OSD Memorandum of 28 Nov 2012. To review the details of the memorandum go to: http://www.acq.osd.mil/dpap/ops/policy_vault.html

8.11. LIST OF ATTACHMENTS

8.11.1. Attachment 1: Performance Assessment Plan (PAP)

8.11.2. Attachment 2: Past Performance Data Sheet

8.11.3. Attachment 3: Past Performance Questionnaire

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

1. This procurement is a FAR Part 12 acquisition being conducted under FAR Subpart 13.5 Test Program. After receipt of proposals the Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate.

1. All offers in response to this RFP shall be submitted electronically to steven.galer@navy.mil. E-mail proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed SF 1449 and any amendments, which must be included in a proposal as scanned .pdf files. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212-1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals. It is the sole-responsibility of the Offeror to ensure that the electronic media submitted is virus free and is able to be opened and read by the Government

1. Data previously submitted, if any, will not be used in the evaluation of the Offeror’s proposal. Data, including any previously submitted, shall not be included in proposals “by reference.”

1. Clarity and completeness of the proposal are of the utmost importance. The proposal must be written in a practical, clear, and concise manner. It must use quantitative terms whenever possible and must avoid qualitative adjectives to the maximum extent possible.

1. The Government intends to issue multiple IDIQ FFP awards without discussions as authorized by FAR 52.212-1.

1. The Contractor’s proposal will be incorporated into the final contract document.

1. Proposals shall not contain any classified material.

1. Questions. Questions regarding this RFP shall be submitted in writing by e-mail to Steven Galer (e-mail address: steven.galer@navy.mil) no later than 3 business days prior to the closing date of the solicitation.

SUBMISSION PACKAGE

1. The proposal must demonstrate an understanding of and ability to meet all of the requirements set forth in the RFP’s performance work statement (PWS). The offeror shall provide sufficient detail to substantiate the validity of all statements. The offeror shall demonstrate that the offer is in compliance with the requirements, terms, and conditions of the RFP. Comprehensive responses to the requirements of the RFP are required to enable the Government to evaluate the offeror’s understanding of and capability to accomplish the requirements of the PWS.

1. Proposals shall contain the following separate volumes. Each volume shall be a separate attachment in the e-mail proposal:

1. Volume I Technical (Note: this volume shall not include any pricing information)

i) Provide a technical narrative outlining how the offeror plans to staff the necessary qualified personnel.

1. Volume II Past Performance

1. Offerors are requested to provide information on up to five (5) previous Government contracts whose effort is/was recent and relevant to the effort required by this solicitation.

0. “Recent” is defined as a contract in-progress or completed within the five (5) years. If the offeror has not had five (5) Government contracts within the last five (5) years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

0. “Relevant” is defined as a contract that is of similar scope, magnitude, complexity to the requirements as set forth in this solicitation.

1. Scope: Experience in the areas defined in the PWS.

1. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS.

1. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

1. A Past Performance Data Sheet (Attachment 2) is requested to be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

1. For each of the contracts the offeror describes in a Performance Data Sheet (Attachment 2), the offeror is requested to provide a Past Performance Questionnaire (Attachment 3) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email or fax the completed Past Performance Questionnaire (Attachment 3) BEFORE THE DUE DATE FOR PROPOSALS directly to Steven Galer, Military Sealift Command at, e-mail: steven.galer@navy.mil. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires.

1. All offerors (including small businesses) are requested to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet Attachment 2.

1. An offeror that does not have recent and relevant past performance to provide for consideration is requested to affirmatively state that it does not have recent and relevant past performance for the Government to consider.

1. Volume III Price

2. The offeror shall complete the unit pricing on each CLIN, found on pages 3 through 12 of the RFP. The FFP ceiling rates proposed will include all costs of performance.

2. Note: For evaluation purposes only, offeror should consider start date of 1 October 2013.

1. Volume IV Other Business Items

3. Proposal Cover Letter. The following information shall be provided in the cover letter:

(1) The RFP number.

(2) Company Information. The name, address, DUNS number, and telephone number of the offeror.

(3) Authorized Personnel. Provide the name, title, telephone number, facsimile number, and e-mail address of the company/division point of contact who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

(5) “Remit to” address, if different than mailing address.

(6) Acknowledgment of Solicitation Amendments.

(7) Agreement with terms. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFP. Offerors are to clearly detail any exceptions taken and the rationale for the exceptions taken to the RFP. Please note that exceptions taken to the RFP may render the offer unacceptable to the Government.

3. Representations and Certifications.

1. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically),

1. Note: Offerors who have completed the representations and cerfications in the System for Award Management (SAM) do not need to submit a separate copy. In such an instance, provide an affirmative statement indicating the offeror’s Reps and Certs can be found in SAM.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a single or multiple contract(s) resulting from this solicitation to the responsible offeror(s) whose proposal(s), conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government will determine which offeror(s) will be the most advantageous to the Government utilizing Low Price, Technically Acceptable source selection procedures, to include acceptable past performance The following factors shall be used to evaluate offers:

1) Technical;

2) Past Performance; and

3) Price.

Award will be made to the offeror(s) proposing the Low Price, Technically Acceptable (LPTA) offer(s) that:

1) Obtain a technical proposal rating of Acceptable (e.g. meet all the requirements of the PWS and RFP)

1. Obtain a past performance rating of Acceptable (see section (b) below).

1. Price will be evaluated on hours noted in the CLIN structure of the RFP in order to be determined fair and reasonable in accordance with FAR Part 13.106-3.

(b) The past performance evaluation will assess the offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Report System (ESRS), other databases, questionnaires and interviews.

(1) The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the PWS, the source of the information, the context of the data and general trends in the offeror’s performance and any associated risk.

(2) The Government will consider the extent of the offeror’s ability to perform a previous contract successfully in the areas of; (a) quality of product or services; (b) timeliness or scheduling of supplies/deliveries; (c) business relations/customer satisfaction; (d) key personnel and staffing (including subcontractors); and (e) cost controls (COST CONTRACTS ONLY).

(3) The Government will consider the company itself, predecessor companies, key personnel who have relevant experience and subcontractors who will perform major or critical aspects of the requirement.

(4) For all offerors, the Government will consider historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns).

The Government reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Government reserves the right to contact references for verification or additional information and the right to consider other relevant past performance information. The Government may call customers, whether or not provided by the offeror, to inquire about the offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds with the information provided by the offeror. The burden of providing thorough and complete past performance information remains with the offeror.

In accordance with FAR 15.305(a) (2) (iv), an offeror without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance.

(c) 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).

(d) 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 (DEC 2012) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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 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 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.

(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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) 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 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, for general statistical purposes, 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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, U.S. Trust Territory of the Pacific Islands (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) 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 $100,000.) 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…