Sol_140F0522Q0103.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

0008350438 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF05

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/01/2022 1700 ED

05/11/2022

19077863341Tina Baker (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0522Q0103

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 36 0040577638OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

VENTURA CA 93003

2493 Portola Road, Suite A

C/O HOPPER MOUNTAIN NWR COMPLEX

FWS BLUE RIDGE NWR

15. DELIVER TO

Hadley MA 01035-9589

SUITE 310

300 WESTGATE CENTER DRIVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Legacy Doc #: FWS Period of Performance: 08/16/2022 to 08/14/2023

00010 Base Year - Removal of Hazardous Fuels

Delivery: 08/15/2023 Period of Performance: 08/16/2022 to 08/15/2023

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tina Baker

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00020 Option Year One - Removal of Hazardous Fuels

(Option Line Item)

07/16/2023

Period of Performance: 08/16/2023 to 08/15/2024

00030 Option Year Two - Removal of Hazardous Fuels

(Option Line Item)

07/16/2024

Delivery: 07/16/2024

Period of Performance: 08/16/2024 to 08/15/2025

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 2 of

PERFORMANCE WORK STATEMENT (PWS)

US Fish and Wildlife Service Hazardous Fuels Removal at Blue Ridge National Wildlife Refuge

Blue Ridge Road Hazardous Fuels Reduction Project

1. GENERAL: This is a contract to provide hazardous fuel removal services in designated portions of the Blue Ridge National Wildlife Refuge (NWR) (Figure 1). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The project will reduce the hazardous fuels (i.e., non-native and native tree, shrub, forb and grass species) continuity and load, thus reducing the potential for significant fire activity; providing safer, more expedited access for fire emergency response and management actions and provide areas from which indirect attack can occur. Density, structure and continuity of fuels is highly variable throughout the project site and a contractor site visit is highly recommended. Additionally, the project will help protect the California condor and other wildlife habitat from severe wildfires and enhance California condor habitat. Hazard fuels removal will be by mechanical methods. The work shall be done between August 16 and April 14 each year to avoid the bird breeding/nesting season. The work could occur from April 15 through August 16, but will need a biological survey conducted as outlined below in

1.3. Objectives. Any work done during the alternate timeframe shall be pre-coordinated with the program point of contact not later than 30 October each year to allow time for the biological survey to be conducted.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform the hazardous fuels removal as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: The Blue Ridge NWR’s proposed project site supports a dense hazardous fuels loading mix consisting of both native and non-native vegetation species, mixed conifer species and wetland/riparian species. The Blue Ridge NWR is approximately ten miles north of Springville, California.

The surrounding area has an extensive history of numerous small to large wildfires. The wildfire activity within the surrounding areas poses a significant threat to life, property, and natural resources. The project area is identified as critical roosting habitat for the Federally Endangered California Condor, has an extensive communication infrastructure site adjacent to the entrance of Blue Ridge NWR, and a number of both seasonal and primary residential dwellings within the immediate surrounding area.

1.3. Objectives:

• Remove hazardous fuels (i.e., non-native and native tree, shrub, forb and grass species) as specified in the attached Performance Requirement Summary (PRS#1 and PRS#2), to reduce risk of fire spread throughout the identified project area for a total of approximately 8 acres as shown on Figure 2.

• Maintain these areas with reduced fuel to facilitate fire, law enforcement, and refuge management access.

• Use mechanical methods (e.g., tractor with mowing attachments, chainsaws, weed-whippers, hand tools, chipper, or masticator.

• Prevent any occurrences of soil disturbance outside of the primary road and road shoulder area.

• Conduct hazardous fuels control actions only from August 16 through April 14 to avoid native bird breeding season and limit the project’s impacts on listed species and migratory birds. The work may be done during nesting/breeding season from April 15 through August 16, if a qualified biological contractor as determined by U.S. Fish and Wildlife Service conducts a nesting survey and there are no migratory birds nesting in/near the project area during implementation.

The primary contractor will pay for the associated costs for the nesting survey, and work can be implemented if no nests/breeding activities are identified within the project area.

• In the event that hazardous fuels control actions are approved for implementation during nesting/breeding season (post biological survey) from April 15 through August 15, the contractor shall consult/coordinate with USFWS Fire Management Staff (Contract Manager) for information related to Fire Season status, severity, and fuels conditions prior to implementation of work. Work efforts could be postponed during this period if need is determined by Fire Management Staff.

1.4. Scope: Services provided by the contractor include provision of all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform the hazardous fuels removal. Contractor shall remove hazardous fuels (i.e., native and non- native vegetation) within the areas described on Figure 2, as described in Part 5 Specific Tasks and per the specifications identified in the Performance Requirement Summary (PRS #1 and PRS#2).

1.5. Period of Performance: The period of performance shall be for three years (one base plus 2 option years).

Base Year: August 16, 2022 through August 15, 2023: Use mechanical methods to complete initial removal of hazardous fuels from the treatment areas. Collect and remove mastication debris from treatment areas or pile mastication debris at treatment areas for future prescribed fire activities.

Option Year 1: August 16, 2023 through August 15, 2024: Use mechanical methods to keep hazardous fuels removed from the treatment areas. Collect and remove mastication debris from treatment areas or pile mastication debris at project site as directed by FWS Agency Staff, in preparation for potential future prescribed fire/pile burning treatment by FWS Agency Staff.

Option Year 2: August 16, 2024 through August 15, 2025: Use mechanical methods to keep hazardous fuels removed from treatment areas. Collect and remove mastication debris from treatment areas or pile mastication debris at treatment site as directed by FWS Agency Staff, in preparation for potential future prescribed fire/pile burning treatment by FWS Agency Staff.

1.6 General Information:

1.6.1. Hours of Operation: The contractor is responsible for conducting business between all daylight hours Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.2. Place of Performance: The work under this contract will be performed at the Blue Ridge NWR (Figure 2). Access to this location is north of Springville, California. Access roads to the project area will be Balch Park Road to Blue Ridge Road/Mountain Road 276 to Upper Grouse Valley Road.

1.6.3. Key Control: Refuge or Fire Management Staff will provide contractor with key access.

1.6.4. Lock Combinations: Refuge or Fire Management Staff will provide contractor with lock combination information.

1.6.5. Special Qualifications: Contractor shall have experience in controlling by mechanical methods a suite of invasive non-native and native plants including trees, shrubs, forbs and grasses. Contractor shall describe their qualifications and years of past experience in vegetation control with mastication equipment when providing their quote.

1.6.6. Designations: The contractor shall designate a contract manager and a field manager. The contractor shall designate a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available generally between 8:00 am and 4:30 pm Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. The field manager shall have experience in leading a crew in hazardous fuels removal/vegetation management activities.

2. GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

2.1 Services: The Government will provide: maps and GIS layers of the treatment areas and coordination with other area landowners to facilitate access and logistics.

2.2 Facilities: The Government will provide access to gates that may be present in the project area.

2.3 Utilities: Not applicable.

2.4 Equipment: Not applicable.

2.5 Materials: Not applicable.

3. CONTRACTOR FURNISHED ITEMS AND SERVICES

3.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

3.2 Materials: Contractor shall supply all materials necessary for spill containment. Contractor shall have on site, a spill kit in the event of inadvertent spill.

3.3 Equipment: Contractor shall supply all equipment necessary for completion of technical treatments including tractor, mower, weed whips, chainsaws, chipper and hand tools, and masticator. Contractor shall provide the necessary equipment for fire ignition mitigation such as fire extinguishers and a variety of hand tools.

3.4 Water: Should water be needed at the site, the contractor will be responsible for bringing in the town water supply or securing a temporary water meter.

3.5 Electricity: Electricity is not available at the work sites. Contractor will be responsible for providing any necessary electricity.

3.6 Restroom: No restroom facilities are available on-site. Contractor will be responsible for providing any necessary portable toilets and hand washing facilities for field crews.

4. SPECIFIC TASKS

4.1. Basic Services: Contractor shall provide all services required for completion of the hazardous fuels removal within the project area.

4.2. Contractor shall remove hazardous fuels (i.e., non-native and native tree, shrub, forb and grass species) at the project site as specified in the Performance Requirement Summary (PRS#1 and PRS#2) for a total of approximately 8 acres (Figure 2) via mechanical methods. Mechanical methods include:

tractors with mowing attachments, chainsaws, weed-whippers, hand tools, chippers. Primary mechanical method that shall be utilized by the contractor will be mastication. Contractor shall remove hazard trees as identified by FWS Agency Staff. The end state of the project will be reflective of a shaded fuel break.

4.3. Contractor shall maintain the treated areas with reduced fuels via mechanical methods.

4.4. The contractor shall collect and remove all mastication debris form the project site. Alternate option for contractor to pile mastication debris as specified by FWS Agency Staff, for future prescribed fire pile burning by FWS Agency Staff.

4.5. The Contractor shall prevent any occurrences of soil disturbance outside if the primary road and road shoulder area.

4.6. Contractor shall ensure that primary existing road through the project area remains free of hazardous fuels debris during implementation, upon final implementation and prior to leaving the project site.

4.7. Contractor shall conduct hazardous fuels control activities only from August 16 through April 14 to avoid the native bird breeding season and limit the project’s impacts on listed species and migratory birds and shall complete the initial mechanical removal of all treatment areas during Year 1 of the contract.

5. ATTACHMENT/TECHNICAL EXHIBIT LISTING

5.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1. The contractor shall remove hazardous fuels (i.e., non-native and native tree, shrub, forb and grass species) select areas of the parcel for a total of approximately 8 acres (Figure 2) via mechanical methods.

The contractor shall remove all hazardous fuels (non-native and native trees, shrubs, forbs and grasses). Trees and shrubs shall be cut off at ground level. Forbs and shrubs shall be cut to within three inches above ground. Primary mechanical method will be with mastication. Hazard Tree removal as identified by FWS Agency Staff. End state if project site will be a shaded fuel break.

Mastication of hazardous fuels shall be a minimum of 30 feet from edge of primary road, on both sides of the road. FWS Agency personnel will identify select hazard tree removal.

Periodic surveillance of approximately every two weeks.

PRS # 2. Contractor shall maintain the treated areas with reduced fuels via mechanical methods.

The contractor shall remove all hazardous fuels (non-native and native trees, shrubs, forbs and grasses). Trees and shrubs shall be cut off at ground level. Forbs and shrubs shall be cut to within three inches above ground. Primary mechanical method will be with mastication.

Mastication of hazardous fuels shall be a minimum 30 feet from edge of primary road, on both sides of the road. FWS Agency personnel will identify select hazard tree removal.

Periodic surveillance of approximately every two weeks.

PRS # 3. Contractor shall ensure that primary road system remains free of hazardous fuels removal debris for the duration of the project.

The contractor shall ensure the clearance of all project debris from primary road system during all implementation, upon final implementation, and prior to departure from the site. FWS Agency will conduct regular inspections to ensure primary road clearance.

No deviation from the standard.

100% inspection

PRS # 4. Contractor shall conduct hazardous fuels control activities only from August 16 through April 14 to avoid the bird breeding season and limit the project’s impacts on listed species and migratory birds and shall complete the initial mechanical removal of all treatment areas during Year 1 of the contract.

All work is completed between August 16 and April 14. The work could be done during nesting/breeding season from April 15 through August 16, if qualified biological contractor as determined by U.S.

Fish and Wildlife Service conducts a nesting survey. The primary contractor will pay for the associated costs for the nesting survey, and work could be implemented if no nests/breeding activities are identified within the project area.

No deviation from the standard.

100% inspection

PRS #5. Contractor shall consult/coordinate with USFWS Fire Management Staff for work conducted from April 15-August 16.

In the event that hazardous fuels control actions are approved for implementation during nesting/breeding season (post biological survey) from April 15 through August 16, the contractor shall consult/coordinate with USFWS Fire Management Staff (Contract Manager) for information related to Fire Season status, severity, and fuels conditions prior to implementation of work. Work efforts could be delayed during this period if need is determined by Fire Management Staff.

No deviation from this standard.

100% Inspection.

Figure 1. Location of the project at the Blueridge NWR. Vicinity Map / Zoomed Out Map.

Figure 2. Vegetation removal along primary road.. Approximately 8 acres. 30 feet of depth on both sides of primary road from start point to endpoint.

Clauses/Provisions Incorporated by Reference

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) (provision) 52.204-7 System for Award Management (Oct 2018) (provision) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52. 204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020) (provision) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (Nov 2015) (provision) 52.212-1 Instructions to Offerors - Commercial Items. (Jun 2020) (provision) 52.212-4 Contract Terms and Conditions - Commercial Items. (Oct 2018) 52.222-52 Exemption From Application of the Service Contract Labor Standards to Contracts for Certain Services-- Certification. (May 2014) (provision) 52.232-39 Unenforceability of Unauthorized Obligation (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

Clauses/Provisions Incorporated by Full Text

USFWS R7 Environmentally Preferable and Energy-Efficient Products and Services Policy

Whenever cost effective, the contractor should provide products and/or services that are energy efficient, promote water conservation and are bio-based. The use of nonhazardous and recovered materials is encouraged.

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Itemized invoice for items delivered and/or work performed.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services " and "reasonable inquiry " have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract , or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services .

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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;

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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"—

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 veteransor, 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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(i) One or more socially disadvantaged (as defined at13 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 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

Women-owned 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.

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 least51 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.

(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 in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_212_3 to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(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.

(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-https://www.acquisition.gov/far/part-4#FAR_4_1201

(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.

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

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

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

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

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

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

(d) Representations required to implement provisions of Executive Order11246-

(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 http://uscode.house.gov/ U.S.C.

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

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

(1)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/part-52#FAR_52_225_3

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

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

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1)(ii) of the basic provision:

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

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust…