W911KB-14-R-0038.pdf

U.S. ARMY ENGINEER DISTRICT, ALASKA

CEPOA-CT-SP

PO BOX 6898

JBER AK 99506-0898

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$14M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911KB-14-R-0038 20-Jun-2014

b. TELEPHONE NUMBER

(907)753-2894

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 Jul 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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Prescribed by GSA

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W911KB

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a. NAME

JULIE C MCLAUGHLIN

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1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

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238990

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SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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WC1JUW41550120

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

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W911KB-14-R-0038

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FY2014 CRANE/BARGE CONTRACT TO SUPPORT

FFP

BREAKWATER REPAIRS --- PROJECT NO.: 137716

NON PERSONAL SERVICES: PROVIDE BARGE WITH CRANE, FUEL,

CAPTAIN, CREW AND ALL NECESSARY SUPPLIES, MATERIALS AND

PROVISIONS TO PERFORM THE MISSION OUTLINED IN THE

ATTACHED SCOPE OF WORK IN SUPPORT OF THE KETCHIKAN

FLOATING BREAKWATER REPAIR. SCA WAGE DETERMINATION 05-

2017(REV 17) IS ATTACHED AND MADE A PART OF THIS SOLICITATION

AND ANY RESULTING CONTRACT.

FOB: Destination

MILSTRIP: WC1JUW41550120

PURCHASE REQUEST NUMBER: WC1JUW41550120

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 14-JUL-2014 TO

31-OCT-2014

N/A N/A

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

BID SCHEDULE

CRANE AND BARGE RENTAL

BAR POINT HARBOR, KETCHIKAN, ALASKA

Item No.

Description Estimated Quantity

Unit Unit Price

Amount

BASE ITEMS

0001 Mobilization/Demobilization for Project Site, Dive Equip., and Construction Materials IAW SOW Parts 2D, 3, & 4

JOB

0002 Regular Hours for Crane, Barge, Additional Equip., and Crew IAW SOW Parts 2-4

HOURS

Overtime Hours for Crane, Barge, Additional Equip., and Crew IAW SOW Parts 2-4

Disposal/Salvage of Anchor Chains and Connecting Hardware IAW SOW Part 2D

JOB

Total of Base Items 0001 thru 0004 $_________ $_________

OPTION ITEMS

Item

Description Estimated Quantity

Unit Unit Price

Amount

Option Item, Weather Delay Hours for Standby of Crane, Barge, Additional Equip., and Crew IAW SOW Parts 2-4

Total of Base and Option Item 0005

Statement of Work

Crane and Barge Rental

Bar Point Harbor Ketchikan, Alaska

16 June, 2014

1. GENERAL

The U.S. Army Corps of Engineers, Alaska District maintains the floating breakwater system located at

Bar Point Harbor in Ketchikan, Alaska. The breakwaters are designed to reduce the intensity of wave action and protect the vessels and floats within the harbor. The breakwaters are held in place by stud link anchor chains connected to submerged, concrete anchor blocks. Many of the existing anchor chains and connection points have significant deterioration and have reached their design life. The Alaska District is planning to replace the anchor chains and connecting hardware.

2. DESCRIPTION OF SERVICES

The contractor shall provide crane and barge services with the necessary crew to complete repairs of the floating breakwaters located at Bar Point Harbor. The repairs will require coordination with the U.S. Army Corps of Engineers, Alaska District (USACE) and the U.S. Army Dive Team (USADT). The details of these services follow:

A. BARGE RENTAL

The contractor shall provide a barge and necessary crew to complete the floating breakwater repairs. The barge shall be mobilized to the project site according to the schedule in Part 4 and moor at various locations along the floating breakwaters during the repairs. The working surface of the barge shall be no more than 15 feet above the water surface and shall include a ladder for redeployment and recovery of divers. The barge shall provide sufficient deck space to serve as a diving platform and staging area for construction materials and critical dive equipment/personnel. Construction materials are anticipated to consist of 25 stud link anchor chains, 35 anchor shackles, and 3 anchor frames. Critical dive equipment shall be contained in two (2) 20’ containers, two (2) QUADCONs, and one (1) ISU-90. Critical dive equipment shall require approximately 1500 square feet of deck space. Adequate work space shall also be provided for 15-man dive operations by the USADT which requires approximately 512 square feet. The approximate total weight of construction materials and critical dive equipment/personnel is no more than 200,000 pounds. See Part 9 for additional information on existing conditions, construction materials, and anticipated dive equipment.

B. CRANE RENTAL

The contractor shall provide a crane on the barge, either permanent or land-mounted crawler, and necessary crew to complete the floating breakwater repairs. The crane shall be mobilized to the project site according to the schedule in Part 4. The crane shall be used to lift existing anchor chains to the surface. These chains are in a deteriorated condition and covered with extensive marine growth. The crane shall also be used to lower new anchor chains below the water surface. New anchor chains will be rigged in place from surface to anchor blocks in one piece while the removal of old anchor chains may be done in pieces. During operations, the crane may be required to dunk rigging and tackle below the surface of the water in order to assist the diving and chain placement and removal operations. The crane shall have a lift capacity of no less than 20 tons when rated for on-water operations. The crane may also be used to load, unload, and/or reposition dive equipment on the barge. See Part 9 for additional information on existing conditions, construction materials, and anticipated dive equipment.

C. ADDITIONAL EQUIPMENT

The contractor shall provide a portable 15kW generator, or approved equal, for use by the USADT during the floating breakwater repairs. The generator can provide 208-volt, single phase, 60-hertz power or 440-volt, 3-phase, 60-hertz power. A 50-amp service is recommended for a 208-volt supply and a 30-amp service is recommended for a 440-volt supply.

The contractor shall provide a gangway to be utilized during operations to allow access between floating breakwater and barge deck.

The contractor shall provide a boat/tug and necessary crew to support the movement of the barge during the floating breakwater repairs. The boat/tug will be used to move the crane and barge between working areas. Since there will be a time delay between movements, the boat is not needed at all times but should be on call and able to perform necessary movements within eight

(8) to twelve (12) hours of notification. Upon completion of movement, the boat/tug may be released until the next time it is needed.

D. OPERATIONS & CREW

The contractor shall be responsible for mobilization and demobilization of the crane, barge, additional equipment, and necessary crew to the project site. On the first operational day, the barge/crane shall mobilize to one of the shipping companies located in Ketchikan (likely Samson Tug and Barge and/or Alaska Marine Lines) northwest of the project site to load dive equipment and construction materials to the barge. The contractor shall be responsible for coordinating with the USADT and the shipping/receiving company for loading of USADT equipment and construction materials onto the barge. Adequate heavy lift support is available to aid in equipment transport and placement; however, the contractor’s crane and crew may be required to provide lift support during this feature of work. A USADT representative will be present during this operation to aid in equipment placement and spacing.

The barge/crane shall then proceed to Bar Point Harbor and moor at the floating breakwater system and begin staging replacement chains at their respective locations. Once completed, the barge shall be positioned along the small floating breakwater (module 5) at chain location 37 and 39 and await the start of diving operations. During the repair operations, the contractor shall be responsible for repositioning the barge/crane as necessary to support the USADT. It is estimated the barge/crane will need to be repositioned ten (10) times using a boat/tug; however, additional movements can and may be requested by the USADT at the contractor’s expense. The amount of relocations will be minimized through close coordination with the USADT in planning for these repairs.

On the last operational day, the barge/crane shall mobilize to one of the shipping companies located in Ketchikan (likely Samson Tug and Barge and/or Alaska Marine Lines) northwest of the project site to unload dive equipment from the barge. The contractor shall then demobilize the crane, barge, additional equipment, and necessary crew from the project site.

The contractor shall be responsible for determining the crew size necessary to safely and efficiently operate the equipment in Parts 2A, 2B, and 2C. The USADT may be able to support the contractor with a signal person and barge deckhand by personnel not performing critical functions related to diving activities. During the daily repair operations by the USADT, the contractor shall provide the following as a minimum crew:

Crane Operator – Must meet the requirements outlined in Part 3D of this statement of work.

Qualified Rigger – Must meet the requirements outlined in Part 3C of this statement of work.

Qualified Signal Person – Must meet the requirements outlined in Part 3D of this statement of work. The signal person(s) may also serve as the qualified rigger for this statement of work as long as they are qualified as indicated above.

Daily operations shall begin with a safety and coordination meeting. The contractor’s minimum crew, USADT, and USACE shall attend each meeting to be held at the project site. The USADT is responsible for scheduling the daily repair efforts and coordinating these tasks with the contractor. The contractor shall report any out of scope requests to the USACE before completing the action, unless a matter of life safety.

The existing anchor chains and connecting hardware which are replaced shall become the property of the contractor. The contractor shall not dispose of any of the anchor chains or connecting hardware by abandoning in place. The contractor shall provide a disposal/salvage plan to USACE for review and approval.

3. SAFETY SPECIFICATIONS

All components in this Statement of Work are subject to the latest USACE Safety and Health

Requirements Manual (EM 385-1-1). More information regarding EM 385-1-1 and all changes/errata can be found online at: http://www.usace.army.mil/SafetyandOccupationalHealth.aspx

No feature of work shall begin until the following minimum safety standards have been reviewed, approved, or granted a variance/waiver:

A. Medical and First-Aid Requirements: Reference section 3 of EM 385-1-1.

B. Personal Protective and Safety Equipment: Reference section 5 of EM 385-1-1.

C. Rigging: Reference section 15 of EM 385-1-1.

D. Cranes and Hoisting Equipment: Reference section 16 of EM 385-1-1.

E. Floating Plant and Marine Activities: Reference section 19 of EM 385-1-1.

F. Accident Prevention Plans: Reference appendix A of EM 385-1-1.

4. SCHEDULE

The contractor shall participate in pre-work coordination meetings with the USACE and USADT. The purpose of these meetings is to coordinate field work, lines of communication, and safety concerns. The contractor shall have their crane operator, rigging personnel, site safety officer, and any supervisory personnel associated with the crane/barge operations attend these meetings which will be conducted by phone and/or video conference. The date, time, and agenda for these meetings will be coordinated by the USACE following contract award.

The contractor shall mobilize the crane, barge, additional equipment, and necessary crew to the project site for operations to begin on 14 August, 2014. Mobilization shall be complete after approximately three (3) days of equipment and dive setup as described in paragraph 2.D. above. The repair operations shall begin on approximately 18 August, 2014 and be conducted 6 days/week during an 8-hour workday. The hours of operation for 8-hour workdays are approximately 0800-1600 local time. Workdays may be extended or shortened, as determined by the USADT to safely complete diving operations, but not greater than a 10-hour workday. The USADT requires one hour prior to the start and end of daily repair operations to setup dive equipment. These two hours are non-applicable to the contractor’s workday and do not require the presence of the contractor’s minimum crew. The contractor shall demobilize the crane, barge, additional equipment, and necessary crew from the project site on 17 October, 2014. If repairs are completed earlier than anticipated, then the contractor may demobilize from the project site after receiving written permission from the Contracting Officer or their designated representative. Only the USACE may release the contractor for demobilization.

5. GOVERNMENT FURNISHED MATERIALS & SERVICES

The Government shall provide dive equipment, divers, anchor chains, anchor shackles, and anchor frames to perform the repairs of the floating breakwater system. The USADT is responsible for dive operations and coordinating all features of their work. The USACE shall provide a safety inspector and/or Contracting Officer’s representative to monitor all phases of repairs. Both the USADT and USACE will coordinate harbor traffic control measures with the local harbormaster.

6. SPECIAL PROVISIONS

A. QUALIFICATIONS

The contractor shall have a minimum of five years experience in similar marine projects such as port, harbor, dock construction and/or repairs. Additionally, the contractor shall provide equipment and crew that meet the safety specifications outlined in Part 3.

B. SECURITY

The contractor shall be responsible for monitoring the crane, barge, construction materials, and dive equipment for the duration of the repairs to the floating breakwater system.

C. PERFORMANCE ASSESSMENT

All barge and crane operations shall be conducted such that existing infrastructure (e.g.

docks, buildings, vessels, etc.) are protected at all times and not damaged from repair activities and equipment. Any damage due to the contractor’s activities shall be repaired at the contractor’s expense. Additionally, successful performance in execution of this Statement of Work shall meet the following performance objectives:

Performance Objective Part Performance Threshold

Contractor Safety 2D and 3 Meet Objective

Requirements 100% of the Time

Pre-Work Meetings 4 Meet Objective

Requirements 100% of the Time

Mobilize to Project Site 4 Meet Objective

Requirements 100% of the Time

Barge, Crane, and Additional Equipment

Physical Characteristics

2A, 2B, and 2C

Meet Objective Requirements 100% of the Time

Mobilize to Obtain Dive Equipment and

Construction Materials 2D

Meet Objective Requirements 100% of the Time

8-Hour and/or 10-Hour Workdays

2 and 4 Meet Objective

Requirements 100% of the Time

Mobilize to Unload Dive Equipment

2D Meet Objective

Requirements 100% of the Time

Disposal of Anchor Chains and Shackles

2D Submit Plan for Review and Approval

Demobilization from Project Site

Meet Objective

Requirements 100% of the Time

7. PAYMENT

Payment will be made for the services described in this Statement of Work based on the bid schedule.

Items in the bid schedule are defined as the following:

Item 0001: Payment of crane, barge, additional equipment, and crew to mobilize and demobilize to/from the project site. This item also includes payment for the crane, barge, additional equipment, and crew to mobilize/demobilize to a shipping company dock in Ketchikan at the beginning and end of the repairs to load and offload dive equipment and construction materials for the project IAW Parts 2D and 4 of this Statement of Work. Upon completion of mobilization to the project site IAW Parts 2D and 4, the contractor may submit a pay request for 60% of this item.

The remaining 40% shall be paid upon completion of demobilization.

Item 0002: Payment of crane, barge, additional equipment, and crew to assist USADT with floating breakwater repairs. This item shall not be used to pay any portion of the equipment or crew’s labor during mobilization, demobilization, or disposal of the existing anchor chains/shackles. “Regular Hours” are defined as the first eight (8) hours of any workday for the equipment and crew IAW Parts 2-4 of this Statement of Work. Payment will be made for the actual hours worked. A daily timesheet, signed by the contractor, shall be provided to the USACE Contracting Officer or their designated representative.

Item 0003: Payment of crane, barge, additional equipment, and crew to assist USADT with floating breakwater repairs. This item shall not be used to pay any portion of the equipment or crew’s labor during mobilization, demobilization, or disposal of the existing anchor chains/shackles. “Overtime Hours” are defined as any hours past the first eight (8) hours of a workday and up to ten (10) hours of a workday for the equipment and crew IAW Parts 2-4 of this Statement of Work. A daily timesheet, signed by the contractor, shall be provided to the USACE Contracting Officer or their designated representative.

Item 0004: Payment for one-time disposal or salvage of all anchor chains and connecting hardware which are replaced during the floating breakwater repairs IAW Part 2D of this Statement of Work. Salvage value of the materials shall be reflected in the bid prices.

Item 0005: This is an option item which shall be exercised by the Contracting Officer in the event of weather delays as determined by the contractor, USADT, and Contracting Officer’s designated representative. Payment shall include standby of crane, barge, additional equipment, and crew to remain on site and/or move to a protected location during adverse weather. “Weather Delay Hours” are defined as any hours that “Regular Hours” could not be completed as scheduled due to unsafe work conditions for the crane/barge or diving operations as a result of weather conditions at the project site. No more than eight (8) hours will be paid under this item per regularly scheduled work day IAW Parts 2-4 of this Statement of Work. A daily timesheet, signed by the contractor, shall be provided to the USACE Contracting Officer or their designated representative.

Separate payment shall not be made to the contractor to fulfill the requirements of safety, pre-work meetings, or security.

8. BASIS OF CONTRACT EVALUATION & AWARD

This contract shall be awarded to the offeror with the lowest total price and submits a technically acceptable proposal. Proposals shall be rated as either “acceptable” or “not acceptable” based on the offeror’s ability to meet the contract requirements outlined in this Statement of work. The proposal shall answer or meet all the requests for information that follow:

How does the offeror meet the experience requirement of Part 6A in the Statement of Work?

Provide written documentation that shows the crane and barge to be used for this contract meets the requirements outlined in this Statement of Work Parts 2A and 2B.

Provide written documentation that shows the designated crane operator(s) for this contract meets one of the four requirements of the Corps Safety Manual, EM 385-1-1, Section 16.B.03 “Crane Operator Qualifications and/or Certifications”.

Provide written documentation that shows the designated crane operator(s) for this contract meet the physical examination requirements to operate the equipment set forth in the Corps Safety Manual, EM 385-1-1, Section 16.B.05 “Operator Physical Qualifications/Examination”.

Provide written documentation that shows the designated rigger(s) and signal person(s) for this contract meets the qualifications set forth in the Corps Safety Manual, EM 385-1-1, Sections 15.B.01 and 16.B.06.

Provide a Naval Architectural Analysis for the crane and barge as set forth in the Corps Safety Manual, EM 385-1-1, Section 16.L.04 or Section 16.L.06 as appropriate for the equipment setup to be used for this contract.

Provide current documentation of cranes and hoisting equipment inspections set forth in the Corps Safety Manual, EM 385-1-1, Section 16.D.

9. EXHIBITS

The following exhibits are being provided to the contractor for use in preparation and execution of this

Statement of Work:

A. Project Condition Survey: This survey was conducted 6-15 July, 2012 and represents the approximate water depths and relative location of the floating breakwater system at Bar Point Harbor in Ketchikan, AK.

B. Anchor Block Survey: This survey was conducted 24 March, 2003 and represents the approximate location of the anchor blocks used to hold the floating breakwater system in place.

C. Dive Report: This report outlines the anticipated anchor chain conditions based on inspections and repairs conducted 12 August – 7 September, 2013.

D. As-Built Drawings: This document outlines the as-built conditions of the floating breakwaters from original construction in 1980.

E. Preliminary Dive Plan: This plan documents the anticipated equipment and personnel requirements by the USADT to complete the floating breakwater repairs outlined in this Statement of Work.

F. Construction Materials: Reference specifications and drawing sheets for anchor chains, anchor shackles, and anchor frames.

10. POINT OF CONTACT

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Ms. Christine Dale, Contracting Officer) P.O. Box 6898

JBER, AK 99506

Email address: Christine.A.Dale@usace.army.mil Office phone: (907) 753-5618

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items JUL 2013 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A MAR 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to the lowest-priced technically acceptable offeror. The Government reserves the right to make award on the initial offer received without discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

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.

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 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 (o) 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, for general statistical purposes, 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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 [ ___ ballot] is, [ ___ ballot] 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ___ ) has, ( ___ ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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 Act--Supplies.”

(2) Foreign End Products:

Line Item

Country of Origin

(List as necessary)

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

(g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--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 Act--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 Act--Free Trade Agreements--Israeli Trade Act'':

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

Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No.

Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No.

Country of Origin

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

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

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

Country of Origin

(5) Trade Agreements…