16T0242.docx

W81XWH-16-T-0242

Section SF 1449 - CONTINUATION SHEET

SERVICE- Zeiss

FFP

Provide all personnel, equipment, tools, materials, supervision and other items and non-personal services to perform annual service contract on Zeiss Imaging System, SN 2601000593 FOB: Destination

PURCHASE REQUEST NUMBER: 0010848713

NET AMT

Contractor Manpower Reporting

FFP

Contractor Manpower Reporting

PURCHASE REQUEST NUMBER: 0010848713

NET AMT

FFP

Provide all personnel, equipment, tools, materials, supervision and other items and non-personal services to perform annual service contract on Zeiss Imaging System, SN 2601000593

NET AMT

FFP

Contractor Manpower Reporting

NET AMT

FFP

Provide all personnel, equipment, tools, materials, supervision and other items and non-personal services to perform annual service contract on Zeiss Imaging System, SN 2601000593

NET AMT

FFP

NET AMT

FFP

Provide all personnel, equipment, tools, materials, supervision and other items and non-personal services to perform annual service contract on Zeiss Imaging System, SN 2601000593

NET AMT

FFP

NET AMT

FFP

Provide all personnel, equipment, tools, materials, supervision and other items and non-personal services to perform annual service contract on Zeiss Imaging System, SN 2601000593

NET AMT

FFP

NET AMT

PERFORMANCE WORK STATEMENT

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform annual service contract on a Carl Zeiss manufactured Imaging System ECN 010125, serial number 2601000593.

1.2 Objective: The intent is to have an uninterrupted operational ready piece of equipment maintained at a high level of performance to complete complicated tasks during research projects.

1.3 Scope: The contractor shall provide all resources for Complete System servicing.

1.4 Background: The equipment has been maintained under warranty and then by contract W81XWH-12-P- 0335 since its installation in June of 2011.

2.1 Tasks/Basic Services. The contractor shall provide one preventive maintenance and unlimited service on an annual basis on the equipment stated within paragraph 1.0.

2.2 The contractor shall provide the following:

2.2.1 Telephone and E-mail Help Line support 24/7.

2.2.2 Factory trained labor and replacement repair parts conforming to manufacturers specification required to perform maintenance repairs and service on covered equipment. Shipping charges for equipment requiring shipment to a Repair Center shall be included.

2.2.3 All travel costs for contractor personnel required to perform maintenance and repairs.

2.2.4 Update equipment as needed through mutual agreement

2.2.5 After completion of each service call, the technician shall provide a Field Service Report that provides the time taken to perform the service and lists all repair parts required to complete the repairs, including part number, nomenclature, and price. Additionally, the report shall include a detailed summary of measures taken by the technician to repair the equipment to bring it to full functionality.

2.2.6 Update Equipment Management and the WRAIR Equipment user for all maintenance being performed on equipment

2.2.7 The contractor shall maintain a Quality Control Program and document all services to insure the timeliness and level of quality. The Quality Control Plan shall be updated as approved changes occur.

2.2.8 Utilize Field Service Engineers who are authorized by the Government to perform maintenance services (corrective or preventive in nature). Successfully completed a formalized training program for the equipment identified in the technical exhibits. Has in their possession any and all necessary tools, test equipment and service manuals to perform repairs and calibrations on the equipment they are to service. Has immediate or next day access to OEM or equivalent parts and kits. Technicians shall have access to all updated service manuals and software.

3.1 General Information

3.2 Period of Performance: Base Year following date of award for 12 months and four 1-year Option Periods, if exercised.

3.3 Place of Performance: Walter Reed Army Institute of Research, Silver Spring, MD

3.4 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures within a Quality Control Plan (QCP) to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. At a minimum, the contractor shall develop quality control procedures that address the areas identified in the Government's Quality Assurance Surveillance Plan (QASP) (Attachment 1). Requests for changes of the contractor's QCP shall be submitted to the Contracting Officer for review and approval.

3.5 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the QASP. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

3.6 Government Remedies: The contracting officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

3.7 Recognized Holidays: The contractor should be aware of the official government holidays and adjust work schedules as required. The facility will not be available on the following days:

3.8 Hours of Operation: The contractor is responsible for conducting the required services between the hours of 9:00AM to 5:30PM, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

3.9 Security Requirements: The WRAIR has access requirements that must be observed during all contractor visits. Contractor Maintenance Personnel should be prepared to be escorted to all points within the buildings where work is to be performed. Security personnel will determine access levels that will be observed. All visiting personnel are required to have government issued photo identification to receive a visitor badge with limited access privileges.

3.10 PHYSICAL Security. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

3.11 Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

3.13 Antiterrorism/Operations Security

3.13.1. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language is for contractor employees with an area of performance within an Army‐controlled installation, facility, or area. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office.

Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204‐9, Personal Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

3.13.2 For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database (Army Directive 2014‐05/AR 190‐13); applicable installation, facility and area commander installation and 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.

3.14 Contractor Manpower Reporting

Contractor Manpower Reporting (CMR) (June 2015) (USAMRAA) "The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://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 reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the applicable help desk at: https://www.ecmra.mil/.

4.0 Deliverables:

4.1 Field service reports

5.0.1 invoices

/ WAWF

4.2 QualityControl Plan

Contracting Officer Representative (COR): The (COR) is identified below: TBD

QASP

1. Introduction: This Quality Assurance Surveillance Plan (QASP) has been developed to ensure the performance of critical contract elements. The QASP serves as the plan for surveillance of performance and identifies the performance indicators, standards, inspection methods and procedures to be used in monitoring performance.

1.1. Purpose. Purchase of the Maintenance Service Agreement for the Carl Zeiss Microscopy system ECN 010125

1.2. Objective. The objective is to purchase a multi-year Maintenance Service Agreement on the Carl Zeiss Microscopy system for repair and preventative maintenance.

2. Responsibilities:

2.1. The contractor is responsible for the management and quality control actions to meet the terms and conditions of the task order. The role of the government is quality assurance to ensure that contract standards are achieved.

2.2. The government COR desires to maintain a quality standard for the Performance Work Statement.

Methods of Surveillance

Surveillance: The government COR will evaluate the services required by each task order to ensure compliance.

Standard: 100% of the task orders will be satisfactorily completed and/or rework.

Procedures: The COR will inspect all work tasks required by the task order to ensure contractor compliance with the appropriate paragraphs of the PWS each time the service is performed. The COR will record results of inspection, noting the date and time of inspection. If the inspection indicates unacceptable performance, the COR will inform the task order manager of the deficiencies for correction. The contractor shall be given a reasonable amount of time after notification to correct the deficiencies.

Primary Method of Surveillance: 100% inspection will be used for surveillance. In addition, a receipt describing any services rendered and any incurred cost will be provided to the WRAIR POC.

3. Primary Function:

3.1. The contractor will work independently with assigned projects that are within the scope of the work.

3.2. The work will be solely performed at: Walter Reed Army Institute of Research 503 Robert Grant Ave Silver Spring, MD 20910

3.3. The contractor will follow all the specific guidelines regarding standard operating procedures, technical manual, and procurement of supplies/equipment, and must strictly adhere to laboratory safety.

3.4. At the completion of the project, the contractor must provide a receipt describing any services rendered and any incurred cost will be provided to the WRAIR POC.

3.5. Specific Tasks: The contractor working under this contract must independently be able to perform the repair and preventative maintenance of the Zeiss Microscopy system.

4. Evaluation of Performance:

4.1. Quality of the service – Addresses the extent to which the contractor (a) meets contract technical requirements, including the accuracy and completeness of reports/data delivered; (b) employs methods and approaches to ensure fully successful performance.

4.2. Evaluation Process

100% Inspection - Will be accomplished by monitoring results and analysis submitted. COR will review the generated documentation.

If any problem/issue encountered

The COR will review and input will be shared with the contractor to the extent required to resolve any outstanding issues.

The Contractor will be required to provide a mitigation plan to resolve the issues identified.

Task 1.

Repair, when needed, and perform preventative maintenance of equipment and supporting peripherals

100% of the task orders will be satisfactorily completed and/or reworked.

QUESTIONS

Questions regarding this requirement should be addressed to suzanne.m.rogers12.civ@mail.mil by 11:00 AM on August 22, 2016.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

05-SEP-2017

W03K W REEDARMYINSTRSCH(WRAIR)

ROBERT GRANT AVENUE

BLDG 503

SILVER SPRING MD 20910-7500

210-221-7877

W74MYF

05-SEP-2017

W74MYF

05-SEP-2018

W74MYF

05-SEP-2018

W74MYF

05-SEP-2019

W74MYF

05-SEP-2019

W74MYF

05-SEP-2020

W74MYF

05-SEP-2020

W74MYF

05-SEP-2021

W74MYF

05-SEP-2021

W74MYF

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) The U.S. Army Medical Research Acquisition Activity (USAMRAA) is the sole point of contact for this acquisition for addressing any questions or concerns. The Contract Specialist is the point of contact for this acquisition. Any questions or concerns regarding this acquisition shall be submitted electronically via e-mail to suzanne.m.rogers12.civ@mail.mil

(c) Submission of offers. Offeror's shall submit their quote in accordance with the instructions outlined below. Failure to submit all documents concurrently and in accordance with these instructions may render a proposal UNACCEPTABLE. The offeror's proposal shall consist of three volumes:

Offeror's are cautioned that regurgitation of the technical requirements or the PWS with a statement of intent to perform DOES NOT reflect an understanding of the requirement or capability to perform. Offeror's are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked. The use of hyperlinks in proposals is prohibited.

(1) Quote Due Date: August 28, 2016 at 2:00 PM Eastern Standard Time submitted to:

Suzanne.m.rogers12.civ@mail.mil

(2) Document Format Submission:

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFQ number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Printing should be single spaced. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial font is required. Tables and illustrations may use a reduced font size no less than 10-point and may be landscape.

Quotes must be submitted in a Microsoft 2000 (or newer) program on Microsoft Word. PDF Format is also an acceptable format for electronic submissions.

Files shall not contain classified data. The use of hyperlinks in quotes is prohibited. Offerors are cautioned that “regurgitation” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote. Proprietary information shall be clearly marked.

(3) Content Requirement: All information shall be confined to the appropriate file. The Offeror shall insure that submissions are clear, specific, complete and limited to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Content shall be indexed (cross-indexed, as appropriate) and logically assembled. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

Volume I – Business Quote:

The volume, in which there is no page limit, shall contain the following section documentations:

A. Company Cover Letter

B. SF 1449 - Solicitation, Offer and Award with Blocks 30a, 30b, and 30c completed by the Offeror signed by an authorized official of the firm.

C. Acknowledgment of Solicitation Amendments.

D. Dun & Bradstreet Number (DUNS), CAGE Code, and Tax Identification Number (TIN).

E. Pricing Schedule - Offeror's are instructed to complete the CLINs to include Unit Price with Total price for the services.

G. Price Quote: The Offeror shall submit information other than cost or pricing data which will be used to perform a price analysis of the FFP CLINs (and their subsequent option year CLINs). Offeror’s shall use the Government’s proposed estimate for Other Direct Costs, $34,186.

H. The Offeror shall provide a statement of the methodology and assumptions utilized as the basis for pricing the service. The price must be sufficiently detailed to evaluate the reasonableness and realism for the proposed level of effort. Offeror's shall address, at a minimum, all escalation factors applied and calculations of all direct cost factors.

I. SF1449, Pricing, and Certifications/Representations shall not be addressed separately from that submitted in Volume I - Business Proposal. Price information shall be included in Volume I only and shall not be discussed or exhibited in any other part of the Offeror's proposal.

J. Offeror's quote must stipulate that it is predicated upon all the terms and conditions of this RFQ.

Volume II – Technical Quote:

The volume shall include sections as follows:

Tab A – Executive Summary/Abstract – The Offeror shall submit a written summary of their quote.

Tab B - Technical: The Offeror shall submit a written technical approach which effectively demonstrates:

- A clear understanding of all the tasks required to be performed.

- The methodology and flexibility they will use in performing the requirement.

- How the approach is likely to yield the required results within the required time frame.

Volume III – Past Performance:

This volume shall contain past performance information regarding similar contracts in size, complexity and scope. This volume shall not exceed 5 pages (plus five pages for each major subcontractor if applicable). Offeror shall submit a listing of three references for Government and/or commercial contracts for the prime Offeror and one reference for each major subcontractor in performance or awarded during the past three years which are relevant to the efforts required by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the effort required by the solicitation. Data concerning the Offeror shall be provided first, followed by each proposed major subcontractor, in alphabetical order. Letters of commitment shall be included for all major subcontractors for their past performance to be considered. This volume shall be organized in the following sections:

A. Section 1 - Contract Descriptions: This section shall include the following information in the following format:

(1) Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, current address, e-mail address, and telephone/fax numbers).

(2) Government contracting activity, and current address, Procuring Contracting Officer's name, e-mail address, and telephone/fax numbers.

(3) Government's technical representative/COR, current e-mail address, telephone/fax numbers.

(4) Government contract administration activity and the Administrative Contracting Officer's name, current e-mail address, and telephone/fax numbers.

(5) Contract Number

(6) Contract Type (specific type such as Fixed Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc.).

(7) Awarded price/cost.

(8) Final or projected final price/cost.

(9) Original delivery schedule, including date of start and completion of work.

(10) Final or projected final, delivery schedule, including dates of start and completion of work.

B. Section 2 - Performance: Offeror's shall provide a specific narrative explanation of each contract listed in Section 1, Contract Description, describing the objectives achieved and detailing how the effort is relevant to the requirement of this solicitation. For any contracts that did not/do not meet the original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offeror's shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Request for Deviation and Requests for Waiver shall be addressed with respect to causes and corrective actions. The offeror's shall also provide copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the Offeror or proposed subcontractor. The offeror's shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

C. Section 3 - Subcontracts: The information provided for each proposed major subcontractor (if applicable) must include the entire company name, company address, CAGE Code, DUNS Number and type of work to be performed by citing the applicable Government PWS subparagraph number.

(d) Discussions. The Government intends to evaluate proposals and award a contract without discussions with Offeror's, except clarifications. The Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary; the Contracting Officer will provide proposal revision instructions to the Offeror, as required. Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a technical and price standpoint. All proposals shall be subject to evaluation by a team of Government personnel who will evaluate only one proposal from each prime Offeror.

(e) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(g) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(h) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(i) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall provide the information in accordance with FAR 15.505 or FAR 15.506.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

This is a Lowest Price Technically Acceptable Procurement. Award shall be made to the offeror whose proposal is the Lowest Price Technically Acceptable (LPTA) offer. Technical acceptability means that the quote meets all of the stated minimum specifications. Incomplete or unreasonable offers shall be rejected and eliminated from further consideration. The Government will evaluate information based on the following evaluation criteria: (1) Technical Capability factor meeting or exceeding the requirement, (2) Price (3) Past Performance.

Technical Capability:

Evaluation of Technical Capability shall be based on the information provided in the quotation. Quotations shall include the make and model of the products, manufacturer sales literature or other product literature, which CLEARLY DOCUMENTS that the offered product(s) meet or exceed the specifications.

Technical Ratings:

Technical Acceptable/Unacceptable Ratings

Price:

A price analysis of the offer will be used to evaluate the total price to support the selection and that the price proposed is fair and reasonable.

Past Performance:

Evaluation of Past Performance is assessment of the offeror’s capability to provide the product(s) as specified in the solicitation. This determination is based on offeror’s record of relevant and recent past performance information that pertain the product(s) outlined in the solicitation. Offeror shall provide a brief description of contract work and comparability to the proposed effort within the last 5 years. Offerors are required to provide a reference point of contact, dollar value of contract and dates of contract performance. It is not sufficient to state that it is similar in magnitude and scope, a rationale must be provided to demonstrate that it is comparable. Projects completed or in progress described in the narrative will be evaluated for scope and degree of support to DOD, other federal agencies, or other comparable international organizations. A minimum of two (2), not to exceed five (5) past performance references shall be provided.

Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and the Defense Contract Management Agency (DCMA).

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonable assigned, the offror may not be evaluated favorably or unfavorably on at performance. Therefore, the offeror shall be determined to have an unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “acceptable”.

Past Performance Acceptable/Unacceptable Ratings

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) 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 (r) 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 ORCA.]

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] 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.