W50S6T-21-Q-0014 - RFQ - KP Jun-Mar.docx

W50S6T21Q0014

Section SF 1449 - CONTINUATION SHEET

SOW

Performance Work Statement (PWS) Dinning Facility Cleaning Service

1. PROGRAM OVERVIEW: The 144th Fighter Wing Air National Guard Base (ANGB) food service operation requires KP/scullery cleaning support for the regularly scheduled drills (RSDs). Each of these weekends the dining facility is dedicated to provide full meal service and meet nutritional needs of the Department of Defense (DOD) personnel. Food preparation and serving is completed by military personnel. The workload estimate for the facility is approximately 600 customers per drill weekend (appx: 300 per day).

1.1. COVID-19 protocols shall be followed as directed by the California National Guard and the State of California. Masks shall be worn when entering the base. Masks shall be worn when in buildings and when outside within 6 feet of personnel. The program manager shall advise on current procedures when starting work.

1.1.1. When at the widespread (Orange) risk level the dining facility will allow 50% of the building capacity to be served indoors. Patron table setup and cleanup will be required. The Contractor will be responsible for cleaning as addressed in this performance work statement.

2. SCOPE OF WORK: The janitorial/KP/scullery contractor shall provide all personnel, supervision, services, and any items necessary to perform cleaning services at the 144th Fighter Wing Fresno Air National Guard Base (ANGB) as defined in the PWS. Contractor will be responsible for returning any government owned property (such as brooms or mops) in the same condition in which they were found. Contractor shall perform the requirements in the PWS, conform to the professional standards identified in this contract, and shall follow all applicable instructions and directives as identified by this PWS. Tasks include, but are not limited to, the following: cleaning facilities; equipment; trays, plates and utensils; bussing tables in dining areas; washing pots and pans; restocking centerpieces.

2.1. TASKS:

2.1.1. DINING ROOM:

2.1.2. Before Each Meal:

2.1.3. Set out condiment containers and napkin holders on each table.

2.1.4. Refill condiment containers and napkin holders as necessary.

2.1.5. Wipe off tables prior to and after each meal period.

2.1.5.1. During Each Meal:

2.1.5.1.1. Immediately mop or spot clean any spill.

2.1.5.1.2. Wipe tables and chairs after each use to keep clean.

2.1.5.1.3. Refill condiment containers and napkin holders and wipe them down.

2.1.5.2. Saturday- After Meal:

2.1.5.3. Clean tables and chairs.

2.1.5.4. Refill and wipe off containers and napkin holders as necessary.

2.1.5.4.1. Sweep dining hall as necessary.

2.1.5.5. Sunday- After Meal:

2.1.5.5.1. Stack tables and chairs (10 chairs per holder)

2.1.5.5.2. Stow condiment containers and napkin holders in cart to store in kitchen.

2.1.5.5.3. Sweep and mop dining facility floor, to include south hallway.

2.1.6. SERVING/BEVERAGE LINES:

2.1.7. Cover and stow away all silverware, trays, plates and bowls when not in use.

2.1.7.1. Clean all drains in serving line area. Clean floor underneath salad bar area.

2.1.8. KITCHEN:

2.1.3.1. Mop floor after each meal. Scrub floor after Sunday’s meal and after staff has completed cleaning of the kitchen.

2.1.3.2. Clean under all preparation tables and shelving.

2.1.3.3. Clean any spills immediately.

2.1.3.4. Clean all light switches.

2.1.3.5. Put all trash in receptacles and replace liners.

2.1.3.6. Dish washing room:

2.1.3.7. Clean all plates, utensils and trays.

2.1.3.8. Clean and dry all dishwashing equipment.

2.1.3.9. Wipe off all the walls and counters. Ensure that the floors are clean.

2.1.4 POTS AND PANS ROOM:

2.1.4.1. Clean and sanitize all pots, pans, and utensils. (excluding knives)

2.1.4.2. Trash and drainage area will be cleaned after each use.

2.1.4.3. Once clean, place pots, pans, and utensils into pots and pans storage area.

2.1.4.4. Once duties are complete, ensure walls, counter shelves and sinks are cleaned. Ensure area is swept and mopped.

2.1.5. GARBAGE AND TRASH:

2.1.5.1. Garbage and trashcans removed and trash will need to be placed into dumpsters.

2.1.5.2. Garbage/trash cans not to be filled more than 4 inches from the top of the trash can.

2.1.5.3. Clean garbage cans and garbage can covers when meal is complete and all trash has been emptied.

2.1.5.4. Sweep and hose down trash cans. Ensure trash cans are kept orderly and sanitary.

2.2. OPERATIONAL REQUIREMENTS AND SPECIFIC TASKS:

2.3. STAFFING: Ensure sufficient staffing to cover all required areas such as cleaning pots and pans, sanitizing during and after meal preparation period, and running dishes.

2.3.1. The start time is 0900 unless specified earlier by the project manager. The daily end time will be dependent on factors such as staffing and satisfactory completion of all identified tasks. Contract tasks must be completed to the satisfaction of the project manager.

2.4. HOUSE KEEPING SERVICES: The contractor shall cleanup areas that immediately affect the customer service, to include appearance of the dining facility.

2.4.1. FLOOR CLEANING: cleaning is to include floor removal of any food or liquid spills and debris.

2.4.2. LAVATORIES: spot check lavatories during meal times to ensure tidiness and supplies are available. Cleaning toilets, urinals, washing bins, slop sinks, and partitions with a germicidal detergent solution. Descale toilets and urinals as required. Proper cleaning removal of all deposits, stains, and foreign matter, including fixture edges, lips, and all exposed surfaces.

2.4.3. EQUIPMENT SANITATION: Clean and sanitize dishes, pots, pans, kitchen, utensils and dining areas in accordance with the FDA Food Code.

2.4.4. SPOT FLOOR CLEANING: Spot clean to include removal of any food or liquid spills and debris.

2.5. WASTE MANAGEMENT: The contractor shall assist the government by separating reusable and recyclable waste materials by type. The government shall retain ownership of all reusable waste materials. Non-reusable waste materials, such as garbage, will be removed from the facility. Contractor shall utilize green trash bin for cardboard material and blue for any recyclables (plastic, aluminum, glass, etc.).

2.6. GROUND MAINTENANCE: The contractor shall clean the grounds around the facility to include: sweeping and cleaning in and around the entrances, exits and sidewalks as required. This is to include removing all paper and trash from the area.

2.7. SCHEDULE CLEANING PLAN: The contractor shall submit a cleaning schedule Quality Assurance Checklist for the dining facility and contractor supervisor of each shift to use for each performance of duties during the entirety of the contract. Documentation of implementation of this schedule is required in the form of a log or similar format. Any changes identified that need to be made to the checklist shall be coordinated with the Base Contracting Officer before becoming a part of the contract.

3. CONTRACTOR PERSONNEL:

3.1. MANAGEMENT: The contractor shall provide a full-time site supervisor on site who will be responsible for the performance of the work. The name of this person and an alternate(s) shall be designated in writing to the contracting officer. The site-supervisor or designated personnel shall at no time be vacant. The site-supervisor or alternate(s) shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The designated personnel shall be available at all times during the service period to meet at the 144th Fighter Wing ANGB with government personnel to discuss problem areas. The designated personnel must be able to read, write, speak, and understand English.

3.2. CONDUCT: Contractor employees shall not loiter in any working or patron area. Upon completion of their assigned shifts, after eating, or breaks, employees shall promptly depart from the food service facilities. Employees are able to take their breaks in the dining facility.

3.3. DRESS CODE: Uniforms are to be color coordinated, clean, well fitted and in good repair. For example; denim jeans with a solid color tee shirt with collar. Slip resistant shoes are required to accomplish work under this contract.

4. HOURS OF OPERATION: The contractor shall maintain operating hours at the Griffin Hall Dining Facility. Typical operating hours of Griffin Hall (dining facility) are Saturday and Sunday of the regularly scheduled drill (RSD). Lunch hours are 1100-1230.

5. USE OF GOVERNMENT PROPERTY: The government shall allow the use of the facilities, fixtures, equipment, materials and services as follows:

5.1. FACILITIES: The government shall make facility available. Approximate square footage is 10,677. No alterations will be made without specific written permission from the contracting officer.

5.2. EQUIPMENT: The government will allow use of the equipment listed : trash containers (50 gallon, plastic), fire extinguishers, cart resin shelving, wet floor signs, brooms (push and straw), mops, mop buckets with wringer, dust pans (small metal.)

5.3. EQUIPMENT INVENTORY: Items of equipment missing or not working condition shall be recorded and the program manger shall be notified. The contractor and the program manager will jointly determine the working order and condition of all equipment and document their findings on the inventory.

6. QUALITY CONTROL

6.1. SAFETY: Contractor must acquire a safety plan and can provide one upon request.

6.1.1. EMERGENCY MEDICAL TREATMENT: Government furnished medical service is not available to contractor personnel. Contractor is responsible to ensure employees are provided medical care in the local community.

6.1.2. ACCIDENT/INJURY REPORTING: Immediately upon the occurrence of a job-related injury, the contractor shall notify, TSgt Elizabeth Fraire.

6.2. EQUIPMENT AND UTENSIL SANITATION: Cookware, kitchen and serving line utensils shall be washed, rinsed, sanitized and air-dried after each use. They must be visually clean, free of food particles, water spots, films and grease. Flatware, dishes, plates, cups and glassware will be surveyed after washing for detection of broken, chipped or cracked items; such items are to be set aside for disposition as determined by the government Facility Manager.

7. SERVICES: The government is responsible for:

7.1. UTILITIES: The government will provide gas, electricity, sewage and water.

7.2. BUILDING MAINTENANCE AND REPAIRS: The government will provide repairs to building. Contractor shall inform representative if any repairs are required.

7.3. SECURITY FORCES: In case of an emergency call 911. If in any instance security forces are required, please contact them at 454-5240. Fire Protection: In case of a fire contact the fire department at 454-5145.

7.4. SMOKING: No use of tobacco products in any form will be allowed except during break periods in designated outside areas. Building 135 is a non-smoking building and no smoking is authorized within 50 feet of any federal or state owned building.

7.5. ALCOHOLIC BEVERAGES: The use of alcoholic beverages or illegal drugs by contractor personnel, while on duty, is strictly forbidden. The contractor shall immediately remove and replace employees who are under the influence of alcohol or drugs.

7.6. REMOVAL OF CONTRACTOR EMPLOYEES: All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the government installation, shall abide by all security regulations of the installation and shall be subject to suck checks as may be deemed necessary. The government reserves the right to direct the removal of an employee for misconduct, security reasons, or any evidence of communicable disease. Removal of contract employees for reasons stated above does not relive contractor from responsibility of total performance.

8. GENERAL INFORMATION:

8.1. CONTRACTOR PERSONNEL MEALS: Contractor personnel who work in the dining facilities under this contract may purchase food and beverages to be consumed only in the facility.

Personnel may only purchase food while on duty and up to 30 minutes prior to serving time. Employees shall pay for each meal at the established price to include the government authorized surcharge. Prices are subject to change every calendar year.

8.1.1. Employees are allowed to bring food from the other sources into the dining facility. Facility does not provide storage or heating source for employee meals. (Refrigeration, heating, freezer, etc.)

8.2. TRAINING: The contractor shall be provided necessary training for employees and maintain records of all training on- site and have them available for government review. In addition contractor employees shall receive the fire prevention training, as well as safety training.

8.3. SECURITY REQUIREMENTS AND ANTI-TERRORISM: All personnel employed by the contractor in performance of this contract, or any representative of the contractor entering the government installation shall abide by all security regulations.

8.3.1. Access and General Protection/Security Policy and Procedures. This standard language is for contractor employees with an area of performance within Government controlled installation, facility, or area. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the program manager. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, HAF and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

8.3.2. For Contractors that do not require CAC, but require access to a DoD Facility and/or Installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (AFI 10-245, AFI 31-101 and AFMAN 31-113), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

8.3.3. Antiterrorism Awareness Level I Training (AT Level I). This standard language is for contractor employees with an area of performance within a US Government controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to US Government installations, facilities and controlled access areas shall complete AT Level I training within 2 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. AT Level I may be accomplished by a Level I qualified instructor; completing the Force Protection computer-based training (CBT) course on the Advanced Distributed Learning System (ADLS), or Joint Knowledge Online at http://jko.jten.mil. Tracking for each contractor or subcontractor employee is the responsibility of the COR or unit AT Representative.

8.3.4. Requirement for OPSEC Training. In accordance with AFI 10-701, Operations Security, OPSEC PMs/SMO/SMNCOs/Coordinators will provide OPSEC training or training materials to contract employees within 30 days of employees’ initial assignment to the contract and prior to having access to any critical information (CI) and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial training (OPSE 1301 - OPSEC Fundamentals) located on the ADLS website and refresher OPSEC training (Conducted annually at Commander's Call.)

8.3.5. PHYSICAL SECURITY: The contractor shall be responsible for safeguarding all government property provided for contractor use. At the end of each work shift, all government facilities, and materials shall be secured. Government is not responsible for missing or lost items.

8.4. CONTRACTOR FURNISHED ITEMS AND SERVICES: The government will provide supplies and materials required to perform this contract. Contractor may utilize their supplies at their discretion.

8.5. WAGE DETERMINATION: Wages must be in accordance with the Service Contract Labor Standards (SCLS). Wage rates can be reviewed at https:

https://beta.sam.gov/

9. The Project Manager for this award shall be:

MSgt Elizabeth Fraire and SrA Braulio Bonilla Phone: 559-454-5393 Email: elizabeth.fraire@us.af.mil & braulio.bonilla@us.af.mil

KP DFAC Service, June

FFP

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the June regularly scheduled drill (RSD) on Saturday and Sunday, June 5th & 6th.

FOB: Destination

SIGNAL CODE: A

PSC CD: S201

NET AMT

KP DFAC Service, July

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the July regularly scheduled drill (RSD) on Saturday and Sunday, July 10th & 11th.

FOB: Destination

NET AMT

KP DFAC Service, August

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the August regularly scheduled drill (RSD) on Saturday and Sunday, August 7th & 8th.

FOB: Destination

NET AMT

KP DFAC Service, October

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the October regularly scheduled drill (RSD) on Saturday and Sunday, October 2nd & October 3rd.

FOB: Destination

NET AMT

KP DFAC Service, November

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the November regularly scheduled drill (RSD) on Saturday and Sunday, November 6th & 7th.

FOB: Destination

NET AMT

KP DFAC Service, December

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the December regularly scheduled drill (RSD) on Saturday and Sunday, December 4th & 5th.

FOB: Destination

NET AMT

KP DFAC Service, January

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the January regularly scheduled drill (RSD) on Saturday and Sunday, January 8th & 9th.

FOB: Destination

NET AMT

KP DFAC Service, February

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the February regularly scheduled drill (RSD) on Saturday and Sunday, February 12th & 13th.

FOB: Destination

NET AMT

KP DFAC Service, March

KP Dinning Facility (DFAC) & Kitchen cleaning service to be performed in accordance with the performance work statement (PWS). Cleaning shall occur during the March regularly scheduled drill (RSD) on Saturday and Sunday, March 5th & 6th.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2021

ELIZABETH FRAIRE

5323 E MCKINLEY AVE

FRESNO CA 93727

(559) 454-5393 FOB: Destination

F6W3SV

31-JUL-2021

F6W3SV

31-AUG-2021

F6W3SV

31-OCT-2021

F6W3SV

30-NOV-2021

F6W3SV

31-DEC-2021

F6W3SV

31-JAN-2022

F6W3SV

28-FEB-2022

F6W3SV

31-MAR-2022

F6W3SV

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021) ALTERNATE I (OCT 2014)

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.

"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.

"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;

(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"—

(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 with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

"Women-owned small business concern" means a small business concern --

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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(s) applicable 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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge…