W15QKN19Q1275.docx

W15QKN19Q1275

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS & BASIS FOR AWARD

INSTRUCTIONS TO OFFERORS - Addendum to FAR Clause 52.212-1, Instructions to Offerors – Commercial Items.

1. The United States Army Contracting Command – New Jersey (ACC-NJ) has a requirement in support of the 99th Readiness Division (RD) to procure Refuse and Recycling Services located at the Orangeburg USARC, 123 Route 303, Orangeburg, NY 10962-2209 in strict accordance with (IAW) the Performance Work Statement (PWS).

2. The Government intends to award a single firm-fixed-price purchase order. The period of performance for this effort shall be a 6-month base period and four, 12-month option periods from the date of contract award.

3. See Federal Acquisition Regulation (FAR) Clause 52.212-1, “Instructions to Offerors - Commercial Items" for additional information.

4. Contractor shall have an active registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.sam.gov.

5. Questions regarding this solicitation shall be emailed to the Contract Specialist, Deborah E. Terrell at deborah.e.terrell.civ@mail.mil and the Contracting Officer, Sharon Wilson-Emmons at sharon.wilson-emmons.civ@mail.mil no later than 31 July 2019, 1:00 PM EST. Questions must specify the section or paragraph of the Request for Quote (RFQ) for which the clarification is desired.

6. All services shall be IAW the PWS.

7. Contractor offers shall be submitted via the Federal Business Opportunity (FBO) website at https://www.fbo.gov/ using the document upload option. Instructions are available, if needed, in the FBO Vendor Guide on the FBO website. Offers shall include:

- Pricing:

a. Unit and extended Pricing for all Contract Line Item Numbers (CLINs) for the base and option periods found in Section B. A total price should also be included. Prices shall not extend past the second decimal point for unit and extended amounts. The proposed price shall include all personnel, supplies, services, management, overhead, and other direct costs, G&A and profit to fulfill the contractual requirements of the PWS and any Technical Exhibits/Attachments.

b. CAGE Code, DUNS Number, and business-size standard under the applicable North American Industry Classification System (NAICS) code of 562111, Solid Waste Collection.

c. Complete blocks 12, 17 and 30 of the SF1449 as well as signing/acknowledging any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the Request for Quote.

d. Contractors shall provide a valid copy of the Certificate of Insurance IAW FAR Clause 52.228-5, Insurance - Work on a Government Installation. Coverage amounts shall comply with insurance requirements listed in FAR Subpart 28.307-2.

8. All offers shall remain valid for 120 calendar days.

9. Multiple offers will not be accepted.

10. The following paragraphs under FAR clause 52.212-1 are not applicable to this RFQ: (d) Product Samples and (e) Multiple Offers.

11. Attachments: Site map with dumpster locations, Orangeburg, NY

12. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

BASIS FOR AWARD

Evaluation – Commercial Items

1. Award shall be made to a single contractor. Offer must include prices for each line item listed so quotes may be properly evaluated. Failure to do so may be cause for rejection of the entire offer. Award shall be made to the responsible contractor whose total aggregate price is low.

2. The Government intends to award a contract without discussions with respective offerors so offerors should submit their best offer initially. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

3. PRICE:

a. Proposals shall include prices for each line item listed and a total price, in order that proposals may be properly evaluated. Offers shall also include the completed SF 1449 and any amendments as well as the Certificate of Insurance.

b. The Government will evaluate offers for award purposes by adding the total price for all Contract Line Item Numbers (CLIN) (base period and option periods) for the total evaluated price. In the event there is a difference between a unit price and the total CLIN amount, the unit price will be held as the intended price multiplied by the number of units. If the offeror shows only the total amount but fails to submit a unit price, the total CLIN amount divided by the quantity will be held as the intended price. Evaluation of options shall not obligate the Government to exercise the option(s).

c. Unbalanced pricing exists when, despite an acceptable total evaluated price, one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

4. The Past Performance Information Retrieval System and Federal Awardee Performance & Integrity Information Systems as well any other Government-sponsored information available may be utilized to help make a responsibility determination in accordance with FAR Subpart 9.104.

5. Failure to provide the requested information may deem the proposal Unacceptable and may not be eligible for award.

Section SF 1449 - CONTINUATION SHEET

BY - Refuse PU/Disposal - NY050

FFP

Refuse Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Weekly FOB: Destination

PURCHASE REQUEST NUMBER: 0011340856

PSC CD: S205

NET AMT

BY -Recycling PU/Disposal - NY050

Recycling Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Week FOB: Destination

NET AMT

BY -Container Fee:Wood - NY050

Wood Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 15 Cubic Yard Dumpster Serviced 1x Every 3 Months FOB: Destination

NET AMT

BY -Contract Manpower Reporting- NY050

Contract Manpower Reporting The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reporting any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

FOB: Destination

NET AMT

FFP

Refuse Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Weekly FOB: Destination

NET AMT

FFP

Recycling Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Week FOB: Destination

NET AMT

FFP

Wood Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 15 Cubic Yard Dumpster Serviced 1x Every 3 Months FOB: Destination

NET AMT

FFP

Contract Manpower Reporting The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reporting any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

FOB: Destination

NET AMT

FFP

Refuse Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Weekly FOB: Destination

NET AMT

FFP

Recycling Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Week FOB: Destination

NET AMT

FFP

Wood Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 15 Cubic Yard Dumpster Serviced 1x Every 3 Months FOB: Destination

NET AMT

FFP

Contract Manpower Reporting The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reporting any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

FOB: Destination

NET AMT

FFP

Refuse Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Weekly FOB: Destination

NET AMT

FFP

Recycling Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Week FOB: Destination

NET AMT

FFP

Wood Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 15 Cubic Yard Dumpster Serviced 1x Every 3 Months FOB: Destination

NET AMT

FFP

Contract Manpower Reporting The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reporting any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

FOB: Destination

NET AMT

FFP

Refuse Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Weekly FOB: Destination

NET AMT

FFP

Recycling Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 8 Cubic Yard Dumpster Serviced 1x Week FOB: Destination

NET AMT

FFP

Wood Services: Contractor shall furnish all plant, labor, materials, equipment, supervision, and transportation necessary to dispose of refuse and recyclables (if included at the service location) in strict accordance with the Performance Work Statement. Pricing shall be inclusive of all fuel surcharges, any fees associated with Growing Greener Act, and any other fees or surcharges that may be associated with Refuse and Recycling Collection Services. Containers shall be placed as directed by the onsite facility coordinator and/or Regional Facility Operational Specialist (RFOS). Site Code: 36575.00212 Facility Address: Orangeburg USARC, 123 Route 303, Orangeburg NY 10962-2209 Dumpsters Needed: (1) 15 Cubic Yard Dumpster Serviced 1x Every 3 Months FOB: Destination

NET AMT

FFP

Contract Manpower Reporting The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army Reserve via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reporting any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

18-FEB-2020

99TH READINESS DIVISION

123 ROUTE303

ORANGEBURG NY NJ 10962-2209

FOB: Destination W16H7J

18-FEB-2020

W16H7J

18-FEB-2020

W16H7J

18-FEB-2020

W16H7J

18-FEB-2021

W16H7J

18-FEB-2021

W16H7J

18-FEB-2021

W16H7J

18-FEB-2021

W16H7J

18-FEB-2022

W16H7J

18-FEB-2022

W16H7J

18-FEB-2022

W16H7J

18-FEB-2022

W16H7J

18-FEB-2023

W16H7J

18-FEB-2023

W16H7J

18-FEB-2023

W16H7J

18-FEB-2023

W16H7J

18-FEB-2024

W16H7J

18-FEB-2024

W16H7J

18-FEB-2024

W16H7J

18-FEB-2024

W16H7J

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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 (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 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 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), 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 (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 (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

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

Free Trade Agreement Country End Products…