18R1044_Curtain_Solicitation.docx

W15QKN18R1044

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

STATEMENT OF WORK

SAFETY DRAPES FOR BUILDING 667 AND 680

I. General Agreement/Products & Services Overview

1) Introduction

a) This statement of work (SOW) covers the purchase, delivery and certified installation of blast curtains (Safetydrape© or equal) for the purpose of mitigating occupant casualties in a blast event within building 667 and 680 at Fort Devens-RFTA, Massachusetts.

b) The only acceptable product is the Safetydrape® or equal which is an approved product for Homeland Security under the Support Anti-Terrorism by fostering Effective Technologies Act of 2002 (the Safety Act). The term Safetydrapes and blast curtains mean the same in this SOW.

c) This security upgrade is in accordance with the UFC section 4-010-01 and meets or exceeds the ASTM F 1642 criteria

2) Product Description

a) A blast curtain installation includes the drape itself, anchorage hardware and a trough that is placed at the sill of the window or comparable location below the window to hold the additional length of drape necessary for the operation of the system. The drape is anchored at the head of the window (either inside or outside mount) while remaining unanchored at the sill. During the blast-loading event, the drape deploys when impacted by the blast pressure and unfurls from the trough to create an envelope that captures the flying debris. Once the blast pressure dissipates, the drape deposits the glass shards and debris on the floor at the base of the window.

b) Blast curtains are effective independently or in conjunction with a window film application that has been installed to the daylight opening of the window.

c) Objective is to install a cost effective, stand-alone glass hazard mitigation system that will capture glass shards, that is aesthetically acceptable, and is designed to significantly decrease loss of life and injury resulting from an explosion.

3) Scope of Services:

a) The contractor shall conduct a site survey and assessment of building 667 and 680 at Fort Devens-RFTA, Massachusetts to determine/identify blast curtain requirements and verification of sizes. Design, furnish and install all blast curtains including all anchorage, reinforcements and trough systems for the client buildings identified above.

The contractor will supply and install a blast curtain glass hazard mitigation system in the aforementioned building locations for Fort Devens-RFTA, Massachusetts. Blast curtains will be installed to work in conjunction existing decorative window coverings where possible, however contractor’s Factory Certified installers reserve the right to make a decision on a case by case basis if the existing window coverings will need to be removed. This proposal includes the removal if necessary of existing window coverings. The contractor will work with the ATO, DPW/Engineering and or property management departments of the respective buildings to assure smooth, efficient and timely installation. All work will be in accordance with the factory specifications.

b) The design portion of the project shall be prepared in accordance with the latest specifications for DOD Facilities as well as other applicable local and U.S. Standards, Codes, and Regulations. The design package shall consist of but not limited to: 1) Complete Design and Construction Drawings, Specifications and Cost Estimates; 2) Installation Schedule and 3) other design work considered standard to properly install blast curtains. Complete design package shall be submitted in electronic format to MCBH for review and approval. Design milestones to include a 100% and final submittal to be review by the government. Two weeks should be allowed for each government review.

c) The install portion of the project includes but is not limited to:

i) Procurement of all the required materials, equipment and labor necessary to accomplish the required project;

ii) Complete construction management work required to ensure compliance with the local building laws and regulations, established construction schedule, safety regulations, applicable quality control standards, and other applicable construction industry standards, etc.;

iii) Clean up and disposal of construction debris, restoration of affected areas to its original condition; and

iv) Other related work necessary to deliver a complete and functional blast curtain - drapery system. Installation work shall begin NLT 60 days after award of contract and completion of work shall be NLT 30 days after start of work. Phases of installation must be coordinated in advance such that unit operations can continue during the installation period.

4) Product Manufacturers

a) Qualifications: Any manufacturer not pre-qualified herein who intends to submit a bid shall submit the following qualification data in writing fourteen (14) days prior to bid date and, if approved, shall be acknowledged by Addendum prior to bid date. Verbal approval will not satisfy this requirement. A manufacturer not listed below who fails to submit all information exactly as herein requested will not be allowed to submit a bid. Grounds for disqualification shall exist if it is proven that the information submitted is inaccurate or, in the opinion of the contracting officer, does not satisfy the qualification requirements. Manufacturer shall provide evidence that this firm has a minimum of five (5) years’ experience in successfully completing blast curtain projects of equal scope and magnitude with products as herein specified.

b) Testing: Manufacturer shall provide test reports indicating that the manufacturer’s blast curtain has been tested in a live explosion environment and demonstrates the ability to mitigate glass and collateral ballistics associated with the explosion. Testing shall be performed by a nationally recognized testing entity with experience in said testing.

i) Performance Requirement: The drapery for this project shall be tested and certified to a minimum overpressure of 4 psi for a duration of 29 psi-ms.

ii) The blast curtain must be covered under the U.S. Department of Homeland Security’s SAFETY Act. www.safetyact.gov and must be designated by the U.S. Department of Homeland Security as a QATT (Qualified Anti-Terrorism Technology)

c) Qualified Manufacturers: The materials outlined in this specification section shall be supplied by MitiTech, LLC - Baltimore, MD – (410) 309-9447 or an approved equal.

5) Deliverables

a) The contractor shall submit the following in accordance with Conditions of the Contract:

i) Manufacturer standard details and fabrication methods.

ii) Data on finishing, hardware, and accessories.

iii) Recommendations for maintenance and cleaning of product after installation.

iv) Installation Drawings for each blast curtain required, including:

v) Anchors and reinforcements.

vi) Hardware mounting heights and configuration.

b) Samples for Verification Purposes: MCBH reserves the right to require samples that show fabrication and workmanship and design of hardware and accessories.

c) Installation and Maintenance Manuals, to include:

i) One (1) copy of the installation and maintenance manuals with the submittals

6) Standards

a) The following standards apply to this section of work:

i) ASTM D 2256-02

ii) ASTM D 6797-02 (199.8 lbs.)

iii) ASTM F1642-04

iv) Flame Rating NFPA 701

v) Flame Rating State of California (Title 19 and Bulletin 117)

vi) AATCC 96 IV A

vii) AATCC 16 Class 5

viii) ASTM D 5034-95 (102.0 lbs. Length)

ix) ASTM D 5034-95 (135.1 lbs. Width)

x) ASTM 3787-89

7) Quality Assurance/Quality Control

a) Drapery inspection: All blast drape fabric must be visually inspected for flaws over a lighted inspection table for manufacturing defects prior to cutting. Construction quality of the blast curtain fabric and width variance must be inspected again during fabrication.

b) Anchorage hardware inspection: Trough and rod-mounting brackets and supports must be manufactured in accordance with revision controlled fabrication drawings (maintained by the manufacturer), certified for conformance and marked with part number and revision level by the fabricator prior to shipment.

c) Installer Qualifications: Manufacturer-certified and experienced installer who has completed installations of blast curtains in accordance with written specifications based on individual site conditions and whose work has resulted in construction with a record of successful in-service performance.

d) Manufacturer Qualifications: Blast curtains must be fabricated by a firm experienced in producing systems that are similar to those indicated for this project, and that have a record of successful in-service performance. The fabricator shall have sufficient production capacity to produce components required without causing delay in progress of the work.

e) Single Source Responsibility: Blast curtain systems to include finished drapes, anchorage systems and aluminum or steel troughs, shall be supplied and installed by one source and from a single manufacturer.

f) The contractor shall provide a description of their Quality Control plan to the client. Unsatisfactory work/performance by the Contractor to correct defects found by the Government as a result of quality assurance surveillance and by the Contractor as a result of quality control, shall be at its’ own expense and without additional reimbursement by the Government.

8) Warranty

a) A written warranty shall be submitted, executed by the manufacturer, agreeing to repair or replace units that fail in materials or workmanship within the specified warranty period. Failures include, but are not necessarily limited to:

i) Deterioration of the fabric.

ii) Deterioration of metals, metal finishes, and other materials beyond normal weathering used in the production of the anchorage systems and troughs.

b) Warranty Period:

i) Fabric: Twenty (20) years after the date of receipt and installation of materials at project site.

ii) Anchorage systems and troughs: Trough – Thirty (30) years after the date of receipt and installation of materials at project site. Lifetime warranty on hardware.

c) The warranty shall not deprive the Owner of other rights or remedies the Owner may have under other provisions of the Contract Documents, and is in addition to and runs concurrent with other warranties made by the Contractor under requirements of the Contract Documents.

9) Place of Performance/Hours of Operation

a) Work to be performed at Fort Devens-RFTA, Massachusetts. The contractor shall visit the project sites, collect required data on existing surrounding, structures, appurtenance and all other items that will be affected by this project or related to this project, and verify existing conditions. The contractor shall be responsible for the verification of the actual site condition and the accuracy of this information to ensure adequacy of the design and successful construction. Normal working hours are (0700) to (1600), Monday through Friday, excluding Federal holidays. Construction work may be allowed beyond the normal working hours and on weekends however all requests for extended hours will be approved by the COR.

10) Period of Performance

a) The period of performance for this task is not to exceed 60 days from the date of award.

11) Points of Contact

a) Fort Devens-RFTA, Massachusetts

DPTMS-ATO

ATTN: Keith Jackson 43 Quebec Street Building 680 Devens, MA 01434 Keith.m.jackson3.civ@mail.mil

(978) 796-2061

12) Inspection and Acceptance

a) In the absence of other agreements negotiated with respect to time provided for government review, deliverables will be inspected by the ATO or facilities engineer for acceptance.

II.Safetydrape© or equal (Product) Description and Specifications

1) Materials

a) Fabric: Blast Curtain fabric shall be constructed of a warp knitted, high tenacity, matte polyester filament and shall produce a plain warp knitted marquisette of firm non-slip construction. The fabric must either have inherent soil release properties or be topically treated with a soil and stain repellent finish. The standard Blast Curtain fabric colors are Winter White and Silver. However, the Blast Curtain fabric color and pattern can be customized. A 5% color variance between a sample and the final product is acceptable. The blast curtain fabric shall exhibit the following minimum technical characteristics:

i) Width - 60”

ii) Weight - 3.51 oz. per sq. yard

iii) Construction - Warp knit

iv) Flame Ratings - NFPA 701- State of California (Title 19 and bulletin 117) - AATCC 96 IV A

v) Burst Strength - ASTM D 6797-02 888.7 lbf. Average

vi) Color fastness to light - AATCC 16 Class 5

vii) Solar Transmittance - 41%

viii) Solar Reflectance - 42%

ix) Visible light transmittance - 33%

x) Solar absorptance - 17%

xi) Shading Coefficient - 0.55%

b) Thread: All sewing of the blast curtain fabric with the exception of the weighted tacking must be done with an equivalent to the MitiTech, LLC Model Number SD2000 thread. The SD2000 thread is bonded polyester UVR product resistant to abrasion, mildew and ultraviolet degradation - MIL SPEC DTL-32072.

c) Ribbons: Side hems shall have continuous ribbon equivalent to the MitiTech, LLC Model No. SD2006 designed to enhance the structural integrity of the blast curtain. The ribbon shall be 13/32” inch (12.7 mm) wide and be made of 6 mil Teflon coated fiberglass. When center seams are required, these too will require the use of a continuous 6 mil Teflon coated fiberglass ribbon which is 7/32” inch (6.3mm) wide.

d) Metal Weights: Each blast curtain drape shall be weighted at its base with a fabric covered metal weight equivalent to the MitiTech, LLC Model Number SD201. The weight shall be 24 oz. per linear yard and must be inserted and tacked into place as specified in section 2.1.B.5. Doubling or tripling metal weights to equal the specified weight will not be acceptable. These weights shall be 1” galvanized steel beads spaced ½” apart along nylon twine. Weights shall be covered in shrink plastic and with a polyester jacket sewn around the weights. Metal used must be completely lead-free.

e) Shirring Tape: Shirring tape shall be sewn into the back of blast curtain and located on top of the drape adjacent to the rod pocket. The shirring tape shall be of cotton/polyester construction and be a two string configuration designed to size the drape to the appropriate fullness.

2) Drapery Construction:

a) Finish work shall be neat and free of defects. Blast curtain drapes must be manufactured and installed in strict accordance with specifications, designs and details used to fabricate blast curtains tested and certified through testing in Part 1 of this section. No alterations to the construction of units fabricated under the applicable standards shall be allowed.

b) Cutting: The blast curtain fabric shall be cut at a ninety degree angle to the selvage on non-railroaded panels and table cut for non-railroaded panels.

c) Approved fabric has a rib on the face; this rib should face the threat or glass side.

d) Top Hem: The top hem shall be of the double rod pocket style with no header, and SD003 shirring tape attached to the back. The pocket will be made a minimum of 1 ¾” and a maximum of 2 ¼”. Seams to be lock stitched at a minimum of 3/8” and a maximum of ½ using thread which is bonded polyester UVR product resistant to abrasion, mildew and Ultraviolet degradation - MIL SPEC DTL-32072 at 10 stitches per inch.

e) Side Hems: The side hems are to be double turned, 1” wide and sewn using a single safety locking stitch set at 8 stitches per inch using thread which is a bonded polyester UVR product resistant to abrasion, mildew and Ultraviolet degradation - MIL SPEC DTL-32072 with SD2006 ribbon inserted from top to bottom prior to sewing pocket.

f) Middle and Center Hems: Middle and center seams shall be surged together, SD2006/5 tape centered on serge then double turned and sewn using a single safety locking stitch (this can also be done using a double needle lap stitch machine) set at 8 stitches per inch using thread which is a bonded polyester UVR product resistant to abrasion, mildew and Ultraviolet degradation - MIL SPEC DTL-32072, SD2006/5 ribbon must wrap around pocket.

g) Bottom Hem: The bottom hem will be manufactured with a double 2 ½” pocket for the SD200 weight sewn with a single needle lock top stitch with safety, fabric portion of SD200 on extreme sides of panel and at no more than 36” intervals shall be safety tacked to the face using a bar tack using monofilament thread. Weight shall be 8 ounces per linear foot +/- 5%.

h) Fullness: In order for the blast curtain to perform as tested, the fabric must be cut to a 3 x minimum acceptable fullness to the width of each designated window opening.

i) Length of curtain should be equal to the distance between the approved mounting track system and the drapery trough x 2.

3) Anchorage Hardware

a) Materials

i) Curtain Rod: The blast curtain rod shall be cut lengths of commercially available brass colored or clear anodized aluminum extrusions with an outside diameter (OD) of 1” inch (25.4 mm). The wall thickness of the rod shall be no less than 0.04” inches (1 mm).

ii) Outside Mount Brackets: Outside mount brackets shall be made from zinc chromate finished cold rolled steel with a material thickness of not less than 0.09 inches (2.29 mm) thick. The dimensioned width of the base of each bracket will be no less than 0.98 inch by 1.18 inches (24.9 mm x 29.9 mm) with an extension of not less than 2.39 (60.7 mm) from the base to the center of the threaded sleeve.

4) Product Installation

a) Proper installation of the blast curtain must be in strict accordance with the manufacturer’s recommendations.

b) Only one blast curtain per window opening is acceptable.

c) Each blast curtain must be mounted no more than 6 ½” from the inside glass face of the window.

d) The bottom of the blast curtain must be neatly folded in the trough, but not attached to the trough or any other surface.

e) When horizontal blinds are present, they must be mounted on the glass face between the glass and the blast curtain.

III. Execution

1) Labeling

a) Each blast curtain shall be affixed with an identification label which identifies:

i) Mark Number of curtain

ii) Manufacturer’s name and identification information

iii) The window dimensions that the curtain fits

iv) Room number if supplied

2) Manufacturer’s Record Keeping

a) The manufacturer shall maintain a database of all blast curtains supplied on the project. This information should be maintained for a minimum of twenty (20) years from the date of supply. This database shall record the mark number, location, date of supply, contract number, and size and fabrication information for each blast curtain supplied. This information shall be made available to the owner upon request.

3) Shipping

a) Packaging: Each blast curtain shall be neatly folded and individually wrapped in a clear polyethylene bag for shipment. Individually wrapped curtains shall be enclosed in a dimensioned lumber crate for export shipment. Each container must be marked to indicate:

i) Number of blast curtains

ii) Mark numbers for each blast curtain

iii) Location of installation (building No., floor and room)

iv) Purchase or contract numbers

4) Site Storage and Protection of Materials

a) Store all materials in a dry location. Cover all materials or store in a controlled area to protect from damage.

5) Project Conditions

a) Field measurements: The contractor will provide manufacturer with number of window openings and corresponding sizes. Manufacturer is to proceed with but be prepared to take final field measurements before final fabrication and assembly of mounting hardware and troughs. Show any recorded measurements changes on a final shop drawing submittal. Coordinate fabrication schedule with construction progress to avoid delay of work.

b) Where necessary, proceed with fabrication without field measurements and coordinate fabrication tolerances to ensure proper fit.

6) Solicitation Provisions

a) Submission of the complete proposal can be done electronically. The contractor shall submit a written cost and technical proposal for consideration before the due date and time for this RFP Proposal. The Government may award based on price alone or may choose to require technical factors for “best value.”

7) Price

a) Discounts shall be in price proposal. In an effort to receive the highest quality solution at the lowest possible price the government requests all available discounts on all materials and services offered by contractors for this requirement. Contractors are encouraged to offer discounts below contract and/or open market rates; whichever is applicable. When discounts are offered, proposals must clearly identify both the contract or open market price and the discount price for each hardware item or labor rate being discounted.

b) Travel: As part of the Cost Proposal, the contractor shall provide any anticipated travel costs to include: origination; destination; number of trips; number of persons; and a breakdown of lodging, meals, transportation and related costs.

c) Other Direct Costs (ODCs). The contractor shall provide a breakdown of any ODCs in the Cost Proposal.

8) Technical evaluations.

a) If the Government uses evaluation factors, a comparative assessment of proposals against all source selection criteria in the solicitation will be completed. Award can be made without discussions at the Government’s prerogative.

(1) Evaluation Factors- Contractor selection is based on the blast curtain-drapery product testing and the ability of the contractor to install a cost effective, stand-alone blast mitigation system that does not rely on window frame anchorage, vents the bomb blast, is aesthetically acceptable, and would supplement existing mitigation systems. Selection is also based on the contractors experience and demonstrated past performance to include sustainment of systems currently in use. Below is a list of important and unique product qualifications that may be used as selection factors:

(a) Designated and certified as a QATT (Qualified Anti-terrorism Technology) by the Department of Homeland Security

(b) Granted coverage under the SAFETY Act by the Department of Homeland Security www.safetyact.gov

(c) Passes US Government test criteria ASTM F1642

(d) Patented, US Patent Number 5,915,449

(e) Blast curtains can be easily removed and/or relocated (A significant benefit for leased facilities)

(f) Does not void window warranties (Window Films and Tints void window warranties)

(g) Installation provided by factory certified installation in compliance with DHS’s SAFETY Act.

INSTRUCTION TO OFFEROR

1. This is a 100% Small Business Set-Aside. All questions should be addressed in writing and submitted via electronic mail to Contract Speicalist, Rashida Funches at rashida.d.funches.civ@mail.mil.

2. All proposals are due no later than the date and time specified in Block 8 of the SF1449. No offer will be accepted if received after this date and time. Proposals may be emailed to Contract Specialist Rashida Funches at rashida.d.funches.civ@mail.mil.

3. Prior to award, awardee must be registered in SAM (System for Award Management) database. Registration can be accomplished at https://www.sam.gov.

4. If not uploaded to SAM, offerors must submit with their offer their Representations and Certifications that are included in this Solicitation.

5. Anywhere in this solicitation where the term offer is used, it is hereby changed to read quote.

6. Anywhere in this solicitation where the term offeror is used, it is hereby changed to read quoter.

7. The Government intends to award a single contract resulting from this Solicitation. Quotations shall include pricing for all items listed in the Solicitation. Failure to do so shall be cause for rejection of the entire quote.

8. The U.S. Government maintains a tax-exempt status.

9. Invoice and Payment for this contract will be Wide Area Workflow (WAWF). Contractors must self-register for WAWF at https://wawf.eb.mil.

10. BASIS FOR AWARD - The Government intends to award a firm fixed-price (FFP) contract resulting from this solicitation. Award will be made on all or none basis. Award shall be made to a single contractor. Quotes must include prices for each item listed in order that quotes may be properly evaluated. Failure to do so shall be cause for the offeror to be considered non-responsive. The Government will award a contract resulting from this solicitation to the responsive, responsible offeror whose offer conforms to the solicitation and is found to be lowest in price.

11. QUOTE SUBMITTAL:

a. Quotes shall be submitted on Standard Form (SF) 1449.

b. Pricing shall be submited in the proper format. The proper format consists of QUANTITY x UNIT PRICE = TOTAL AMOUNT. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended price. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended price.

c. Quote should include FOB DESTINATION PRICING; freight should not be listed separately. Line Item pricing should include all applicable taxes, fees, gratuities, commissions, services charges, etc. The Federal Government is tax exempt.

d. All Representations and Certifications (see 4 above) to include provision, Cage, TIN, and Dun and Bradstreet number are to be returned with the quote. Dun and Bradstreet information can be found by calling (800) 333-0505.

Dun and Bradstreet Number: __________________

CAGE (Commercial and Government Entity) code: _____________

TIN (Federal Tax Identification Number): _________________

12. To schedule an Site Visit, please contact Keith Jackson at keith.m.jackson3.civ@mail.mil or 978-796-2061.

Section SF 1449 - CONTINUATION SHEET

BLDG 667 Dayrooms (92.5" X 56.0")

FFP

Safetydrape in BLDG 667 Dayrooms (92.5" X 56.0") FOB: Destination

PURCHASE REQUEST NUMBER: 0011101184-0001

PSC CD: 7230

NET AMT

BLDG 667 Standard Size 1 (32.5" X 60.5")

Safetydrape in BLDG 667 Standard Size 1 (32.5" X 60.5") FOB: Destination

NET AMT

BLDG 667 Standard Size 2 (30.5" X 60.5")

Safetydrape in BLDG 667 Standard Size 2 (30.5" X 60.5") FOB: Destination

NET AMT

BLDG 667 Installation

Safetydrape in BLDG 667 Installation FOB: Destination

NET AMT

BLDG 680 Basement (23.5" X 47.5")

Safetydrape in BLDG 680 Basement (23.5" X 47.5") FOB: Destination

NET AMT

BLDG 680 1st Floor (23.25" X 102.5")

Safetydrape in BLDG 680 1st Floor (23.25" X 102.5") FOB: Destination

NET AMT

BLDG 680 2nd Floor (23.25" X 102.5")

Safetydrape in BLDG 680 2nd Floor (23.25" X 102.5") FOB: Destination

NET AMT

BLDG 680 Main Foyer (144" X 136")

Safetydrape in BLDG 680 Main Foyer (144" X 136") FOB: Destination

NET AMT

BLDG 680 Installation

Safetydrape in BLDG 680 Installation FOB: Destination

NET AMT

PerDiem, AirFare, RentalCar (4 person)

Per Diem, Air Fare, Rental Car (4 personnel) FOB: Destination

NET AMT

Freight

Freight FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

W1DC DRFTA MASS

INSTALLATION PBO

WHSE BLDG 3574 12 FEINBERG STR

DEVENS MA 01434-4429

FOB: Destination

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

W13GQF

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

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

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

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

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

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

(2) Foreign End Products:

(List as necessary)

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

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

(i) The offeror certifies that each end product, except those listed in paragraph…