W911KB20T0005.pdf

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

BASE YEAR: DATE OF AWARD - 31 MAR 2021

FFP

Non-personal Service: Contractor to direct and perform bailing and hauling operations, as set forth in the Statement of Work herein. Funds will be paid Based on the hourly rates in Schedule for 0001AA through 0001AJ for the base year after completion of performance of work.

THE RESULTANT CONTRACT AWARD WILL BE FOR NOT-TO-EXCEED

$50,000.00.

PERIOD OF PERFORMANCE FOR THE BASE YEAR: 1 April 2020 – 31 March 2021.

Guaranteed minimum: 2% of the stated maximum Quantity ($1,000.00) for this contract.

FOB: Destination

NET AMT

0002 1 Job

OPTION YEAR:ONE: 1 APR 2021-31 MAR 2022

FFP

Non-personal Service: Contractor to direct and perform bailing and hauling operations, as set forth in the Statement of Work herein. Funds will be paid Based on the hourly rates in Schedule for 0002AA through 0002AJ for the base year after completion of performance of work.

THE RESULTANT CONTRACT AWARD WILL BE FOR NOT-TO-EXCEED

$50,000.00.

PERIOD OF PERFORMANCE FOR OPTION YEAR ONE: 1 April 2021 – 31 March 2022.

Guaranteed minimum: 1% of the stated maximum Quantity ($500.00) for this

0003 1 Job

OPTION YEAR:TWO: 1 APR 2022-31 MAR 2023

FFP

Non-personal Service: Contractor to direct and perform bailing and hauling operations, as set forth in the Statement of Work herein. Funds will be paid Based on the hourly rates in Schedule for 0003AA through 0003AJ for the base year after completion of performance of work.

THE RESULTANT CONTRACT AWARD WILL BE FOR NOT-TO-EXCEED

$50,000.00.

PERIOD OF PERFORMANCE FOR OPTION YEAR TWO: 1 April 2022 – 31 March 2023.

Guaranteed minimum: 1% of the stated maximum Quantity ($500.00) for this

Proposal Submission Requirements and Basis of Contract Award

Debris Bale/Haul Services, 2020-2022 Chena River Lakes Flood Control Project

North Pole, Alaska

This is a “Lowest Price Technically Acceptable (LPTA)” solicitation. The Government will evaluate the proposals in accordance with the criteria described herein and award the contract to the responsible offeror whose proposal is determined to represent the LPTA proposal. The Government will evaluate technical proposals in accordance with the criteria described herein and will award a contract to the LPTA offeror. Award will be made on the basis of the lowest evaluated price of those proposals that are deemed Acceptable. Proposals receiving an “Unacceptable” rating for Factor 1 below will be excluded from consideration for award.

The evaluation factors for this action are:

VOLUME 1 – TECHNICAL PROPOSAL

Factor Location Description Rating

Factor 1 Vol. 1 Experience and Equipment Acceptable/Unacceptable

Adjective Ratings: The following adjective ratings will be used in the evaluation of Factor 1 (Experience and Equipment).

Acceptable (A): The proposal meets minimum requirements of the solicitation.

Unacceptable (U): The proposal does not meet the requirements of the solicitation.

VOLUME 2 – PRICE PROPOSAL

Factor Location Description Evaluation

Factor 2 Vol. 2 Price *Lowest Price

*EVALUATION OF 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. Evaluation of options will not obligate the Government to exercise the option(s).

PROPOSAL EVALUATION CRITERIA

Proposals will be evaluated in accordance with the selection criteria below.

The Contractor should prepare their proposal based on information provided in the solicitation documents and which demonstrated their capability to successfully execute the required services. The Government will evaluate the offeror’s experience, equipment and price in accordance with the criteria described herein.

Volume 1, Factor 1: Relevant Work Experience and Equipment. Submit a proposal that demonstrates the offeror has the appropriate work experience and qualifications necessary to meet the contract requirements. The experience and qualifications description shall be no longer than four (4) pages in length and shall specifically address the following:

1. Describe at least two (2) examples within the past five (5) years of relevant work experience that demonstrates the ability to successfully meet the contract requirements outlined within the Scope of Work.

2. Describe the procedure and ability for having equipment and personnel on-site within the minimum call-out notice of 24 hours as described in the Scope of Work.

3. Describe the proposed equipment with enough detail to show conformance to the required equipment as outlined in the pricing schedule.

The evaluation standard has been met when the proposal demonstrates that the offeror has the number of examples of relevant types of experience, demonstrates the offeror has the ability to mobilize within the minimum call-out notice, and that describes the equipment necessary to meet the requirements of the contract.

Volume 2, Factor 2: Price. Submit a properly filled out price schedule.

PRICING SCHEDULE

Base Year (2020)

Regular Hour Rates CLIN Description Unit Quantity Unit Price

0001AA Side-Dump Truck #1: 26 CY or greater side-dump truck with fuel and operator. Side dump truck minimum tub length shall be 34 feet.

Hour Rate

0001AB Side-Dump Truck #2: 26 CY or greater side-dump truck with fuel and operator. Side dump

0001AC Front-End Loader with Grapple, Forks and Bucket: Front end loader with Fuel & Operator, equipped w/ grapple, forks and 1.5 cu. yard (min.) bucket, (assists loading flood debris in 26 CY or greater side-dump trucks.

0001AD Laborer: Laborer to operate contractor-owned chainsaw and hand tools (pike pole, push broom and scoop shovel), & assist loader operator to consolidate and load flood debris in 26 CY or greater side dump trucks & keep deck operations area cleaned of spillover flood debris. (Regular Hours).

Hour Rate 1

0001AE On-site Bailing Operations Supervisor:

Supervisor is to maintain a liaison with the Corps Project Manager or their designee & will supervise and direct the bailing operation as directed by the Corps, performing supervisory, safety, and quality control duties for all contracted personnel continuously at the work site. Must have experience on projects utilizing cranes in the 90 to 130 ton class. (Regular Hours).

TOTAL PER HOUR PRICE CLINS 0001AA – 0001AE $___________

Overtime Rates

0001AF Side-Dump Truck #1: Same as CLIN 0001AA (+ Operator Overtime)

0001AG Side-Dump Truck #2: Same as CLIN 0001AB

0001AH Front-End Loader with Grapple, Forks and Bucket: Same as CLIN 0001AD

0001AI Laborer: Same as CLIN 0001AD (Overtime)

0001AJ On-site Supervisor: Same as CLIN 0001AE (Overtime) Hour Rate 1

PER HOUR PRICE CLINS 0001AF – 0001AJ $____________

Option Year One (2021)

CLIN Description Unit Quantity Unit Price

0002AA Side-Dump Truck #1: 26 CY or greater side-

0002AB Side-Dump Truck #2: 26 CY or greater side-dump truck with fuel and operator. Side dump

0002AC Front-End Loader with Grapple, Forks and Bucket: Front end loader with Fuel & Operator, equipped w/ grapple, forks and 1.5 cu. yard

0002AD Laborer: Laborer to operate contractor-owned chainsaw and hand tools (pike pole, push broom and scoop shovel), & assist loader operator to consolidate and load flood debris in 26 CY or greater side dump trucks & keep deck operations

0002AE On-site Bailing Operations Supervisor:

Supervisor is to maintain a liaison with the Corps Project Manager or their designee & will supervise and direct the bailing operation as directed by the Corps, performing supervisory, safety, and quality control duties for all contracted personnel continuously at the work site. Must

TOTAL PER HOUR PRICE CLINS 0002AA – 0002AE $___________

0002AF Side-Dump Truck #1: Same as CLIN 0002AA

0002AG Side-Dump Truck #2: Same as CLIN 0002AB

0002AH Front-End Loader with Grapple, Forks and Bucket: Same as CLIN 0002AD

0002AI Laborer: Same as CLIN 0002AD (Overtime)

0002AJ On-site Supervisor: Same as CLIN 0002AE

TOTAL PER HOUR PRICE CLINS 0002AF – 0002AJ $___________

Option Year Two (2022)

0003AA Side-Dump Truck #1: 26 CY or greater side-

0003AB Side-Dump Truck #2: 26 CY or greater side-dump truck with fuel and operator. Side dump

0003AC Front-End Loader with Grapple, Forks and Bucket: Front end loader with Fuel & Operator, equipped w/ grapple, forks and 1.5 cu. yard

0003AD Laborer: Laborer to operate contractor-owned chainsaw and hand tools (pike pole, push broom and scoop shovel), & assist loader operator to consolidate and load flood debris in 26 CY or greater side dump trucks & keep deck operations

0003AE On-site Bailing Operations Supervisor:

Supervisor is to maintain a liaison with the Corps Project Manager or their designee & will supervise and direct the bailing operation as directed by the Corps, performing supervisory, safety, and quality control duties for all contracted personnel continuously at the work site. Must

TOTAL PER HOUR PRICE CLINS 0003AA – 0003AE $___________

0003AF Side-Dump Truck #1: Same as CLIN 0003AA

0003AG Side-Dump Truck #2: Same as CLIN 0003AB

0003AH Front-End Loader with Grapple, Forks and Bucket: Same as CLIN 0003AD

0003AI Laborer: Same as CLIN 0003AD (Overtime)

0003AJ On-site Supervisor: Same as CLIN 0003AE

TOTAL PER HOUR PRICE CLINS 0003AF – 0003AJ $___________

STATEMENT OF WORK

Debris Bailing and Hauling Operations

2020 – 2022

CHENA RIVER LAKES FLOOD CONTROL PROJECT

1. DESCRIPTION OF WORK

Following high water and flood events on the Chena River, trees and other woody debris accumulate on Moose Creek Dam and need to be removed, cut, loaded into dump trucks, and hauled away to nearby staging areas. The Moose Creek Dam is located at the Chena River Lakes Flood Control Project near North Pole, Alaska.

The Contractor shall provide all personnel, equipment, transportation, materials, and supervision thereof to include safety and quality control duties, for performing debris baling and hauling services at the Chena River Lakes Flood Control Project.

All trucks and heavy equipment shall be provided with an operator and fuel. The laborer under this contract shall have and operate a contractor owned chainsaw and hand tools (pike pole, scoop shovel, push broom) to assist loader operator organize, consolidate and load debris into dump trucks and keep operations area clean.

Debris baling and hauling operations will typically require the contractor to provide two side-dump trucks.

The potential hazards involved with debris bale/haul work along with site conditions where ground support personnel and heavy equipment operate within space limitations on top of the control works requires heightened situational awareness, safety considerations and thoroughness of work. The Contractor must be cognizant of the difficulties involved and of the contingencies which may arise, and must make certain that all personnel, plant, equipment, transportation facilities, and supply of materials are adequate at all times to insure complete compliance with all provisions of these specifications.

2. COMMENCEMENT, EXECUTION AND COMPLETION OF WORK

The contract period will be one base year and two one year option periods. During each year, the actual work periods will be designated by the Contracting Officer’s Representative as the need for debris baling arises.

The Government will provide a minimum of 24 hours call-out notice prior to the Contractor's requirement to commence hauling and supervision of baling activities.

The contractor shall be prepared to provide debris baling services 24 hours a day, working crews in 12 hour shifts if necessary to perform the work. The actual duty day will be determined by the government based on the workload, amount of daylight and safety factors. A 12-hour shift is comprised of 8 regular hours and 4 overtime hours.

3. SAFETY REQUIREMENTS

a. The Contractor shall ensure that all employees are furnished or have all necessary personal safety items to include, but not limited to: a hard hat, steel-toed safety boots, hearing and eye protection, chainsaw chaps (for sawyer), reflective vest and gloves. The contractor shall also adhere to all safety and accident prevention measures as required by FAR 52.236-13 and the Corps of Engineers Safety Manual, EM 385-1-1.

b. The Contractor shall designate an on-site Site Safety and Health Officer and require all contract personnel to attend a pre-work safety briefing to be held jointly by the Corps and Contractor personnel prior to each baling and/or hauling event.

c. The Contractor shall submit a written safety plan to the Corps Project Manager at the pre-work safety briefing to be held at the work site. This plan, at a minimum, must address the following:

1. Personal safety equipment

2. Operations communications

3. Crane safety

4. Operating equipment safety

5. Trucking operations and traffic flow in operations area

6. Chainsaw safety

7. Emergency plan

8. Unique work hazards

4. RISKS AND LIABILITIES

The Contractor shall at all times take care of, protect and preserve all materials, supplies, and equipment of every description and all work performed. The Contractor shall assume all risks in connection with the performance and delivery of the work and shall be liable for and find the Government clear of any and all damages to persons and properties. The Government assumes no responsibility for any understanding or representations made by any of its officers or agents prior or during execution of this contract, unless (1) such understanding or representations are expressly stated in the contract and (2) the contract expressly provides that the Government therefore assumes the responsibility. Representations made but not so expressly stated and for which liability is not expressly assumed by the Government in the contract shall be deemed only for the information of the Contractor.

5. INSURANCE

The Contractor shall have obtained insurance as required by law on all vehicles utilized in the performance of this contract. Certificate of proof of insurance will be provided to the Contracting Officer upon award.

6. INSPECTION DURING PROGRESS

During the progress of work, any inspection of the baling and/or hauling operations by the Contracting Officer’s Representative shall be solely at his/her discretion. All work, and all of the Contractor’s or Subcontractor’s plant and equipment engaged in the work, shall be subject to and available for inspection by the Contracting Officer’s Representative at all times.

7. CONTRACTOR’S RESPONSIBILITY FOR CHECKING WORK

Work under this contract must be accomplished with thoroughness and skill, and serious difficulties could result from defective work. Therefore, it shall be the Contractor’s responsibility to thoroughly check each phase of the work and guarantee its safety, timeliness and thoroughness.

8. TECHNICAL POINT OF CONTACT

US Army Corps of Engineers Chena Flood Control Project Attn: CEPOA-EC-O (Levi Lewellyn) PO Box 55270 North Pole, AK 99705

(907) 488-5401

9. PAYMENT

Payment will be made for actual hours worked at the hourly rates shown in the Pricing Schedule. An initial not-to-exceed amount of $50,000 will be established for each contract year.

Quality Assurance Surveillance Plan (QASP) 2020-2022 Debris Bale and Haul

Chena River Lakes Flood Control Project

1. Purpose

This Quality Assurance Surveillance Plan is a government-developed document used to determine if the contractor’s performance meets the performance standards contained in the contract. The QASP establishes procedures on how this assessment/inspection process will be conducted. It provides the detailed process for contract oversight:

What will be monitored How monitoring will take place Who will conduct the monitoring How monitoring efforts and results will be documented

The contractor is responsible for implementing and delivering performance that meets contract standards using its Quality Control Plan. The QASP provides the structure for the government’s surveillance of the contractor’s performance to assure that it meets contract standards. It is the government’s responsibility to be objective, fair and consistent in evaluating contractor performance.

The QASP is not part of the contract nor is it intended to duplicate the contractor’s quality control plan. This QASP is a living document. Flexibility in the QASP is required to allow for an increase or decrease in the level of surveillance necessary based on contractor performance.

The government may provide a copy of the QASP to the contractor to facilitate open communication. In addition, the QASP should recognize that unforeseen or uncontrollable circumstances might occur that are outside the control of the contractor.

Bottom line, the QASP should ensure early identification and resolution of performance issues to minimize impact on mission performance.

2. Authority

Authority for issuance of this QASP is provided under Part 46 of the Federal Acquisition Regulation, Inspection of Services clauses, which provides for inspection, acceptance and documentation of the service called for in the contract or order. This acceptance is to be executed by the contracting officer or a duly authorized representative.

3. Roles and Responsibilities

The following personnel shall oversee and coordinate surveillance activities.

Contracting Officer (KO) – The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also ensure that the contractor receives impartial, fair, and equitable treatment under this contract. Determine the final assessment of the contractor’s performance.

Assigned KO: Christine Dale Organization or Agency: CEPOA-CT Telephone: 907-753-5618 Email: Christine.A.Dale@usace.army.mil

Contracting Officer’s Representative (COR) The COR is responsible for providing continuous technical oversight of the contractor’s performance. The COR uses the QASP to conduct the oversight/surveillance process. The COR shall keep a Quality Assurance file that accurately documents the contractor’s actual performance. The purpose is to ensure that the contractor meets the performance standards contained in the contract. The COR is responsible for reporting early identification of performance problems to the KO. The COR is required to provide an annual performance assessment to the KO which will be used in documenting past performance. The QASP is the primary tool for documenting contractor performance. The COR is not empowered to make any contractual commitments or to authorize any contractual change on the Government’s behalf.

Quality Assurance Evaluator (QAE): An individual designated by the requiring activity, typically the Chena Project Manager, to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

4. Performance Requirements and Method of Surveillance

4.1. Contract Surveillance

The goal of the QASP is to ensure that contractor performance is effectively monitored and documented. The COR’s contribution is their professional, non-adversarial relationships with the KO, PM, QAE and the contractor, which enables positive, open and timely communications. The foundation of this relationship is built upon objective, fair, and consistent COR evaluations of contractor performance against contract requirements. The COR uses the methods contained in this QASP to ensure the contractor is in compliance with contract requirements. The COR function is responsible for a wide range of surveillance requirements that effectively measure and evaluate the contractor’s performance. Additionally, this QASP is based on the premise that the contractor, not the government, is responsible for management and QC/QA actions to successfully meet the terms of the contract.

4.2. Surveillance Matrix

The below surveillance matrix is the list of performance objectives and standards that must be performed by the contractor. This matrix details the method of surveillance the COR will use to validate and inspect these performance elements. Inspection of each element will be documented in the COR file.

Performance objectives define the desired outcomes. Performance Standards define the level of service required under the contract to successfully meet the performance objective. The inspection methodology defines how, when, and what will be assessed in measuring performance. The Government performs surveillance, using this QASP, to determine the quality of the contractor’s performance as it relates to the performance element standards. The Performance Requirement Summary (PRS) should be used to form the foundation of the COR’s inspection checklist.

Random inspections by the QAE, in addition to complaints from project personnel, will serve as the surveillance method. If the QAE discovers deficiencies and/or receives complaints, the QAE will pass them on to the Contractors Quality Control Manager for correction. These are the criteria against which the performance will be evaluated.

Performance Objective

Performance Standard

Allowable Number of Discrepancies/ Corrections

Surveillance Method

Debris Bale & Hauling Services

Perform debris bale/haul services to the requirements outlined within the Scope of Work.

1 situation requiring correction or rework per contract

Random inspection/project personnel complaint

4.3. QAE Performance Assessment Report (attached)

4.4. Contractor Discrepancy Report (attached)

W911KB20T0005

QAE PERFORMANCE ASSESSMENT REPORT

1. CONTRACT NUMBER 2. CONTRACTOR 3. TYPE OF SERVICES

4. QUALITY ASSURANCE EVALUATOR NAME 5. DATE 6. ASSESSMENT PERIOD

I. PERFORMANCE

7. SERVICES SUMMARY FOR THIS ASSESSMENT 8. NO DEFICIENCY NOTED (CHECK ALL BOXES THAT APPLY)

DEFICIENCY

NEW

REPEAT

9. BRIEF DESCRIPTION OF DEFICIENCY (IF DEFICIENCY BOX WAS

CHECKED)

10. CORRECTIVE ACTION TAKEN IF DEFICIENCY NOTED

11. CONTRACTOR PERFORMANCE SUMMARY

CONTRACT DISCREPANCY REPORT

For use of this form, see DA PAM 5-20; the proponent agency is ACSIM.

1. CONTRACT NUMBER

2. TO: (Contractor and Manager Name) 3. FROM: (Name of QAE)

DATES

PREPARED ORAL NOTIFICATION RETURNED BY CONTRACTOR ACTION COMPLETE

4. DISCREPANCY OR PROBLEM (Describe in Detail: Include reference in PWS / Directive: Attach continuation sheet if necessary.)

5. SIGNATURE OF CONTRACTING OFFICER

6. TO: (Contracting Officer) 7. FROM: (Contractor)

8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET IF NECESSARY. (Cite applicable Q.A. program procedures or new A.W. procedures.)

9. SIGNATURE OF CONTRACTOR REPRESENTATIVE 10. DATE

11. GOVERNMENT EVALUATION (Acceptance, partial acceptance, rejection: attach continuation sheet if necessary)

12. GOVERNMENT ACTIONS (Payment deduction, cure notice, show cause, other.)

CLOSE OUT

CONTRACTOR

NOTIFIED

NAME AND TITLE SIGNATURE DATE

QAE

CONTRACTING

OFFICER

DA FORM 5479, MAR 2008 PREVIOUS EDITIONS ARE OBSOLETE.

APD LC v1.01ES

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 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2020 TO

31-MAR-2021

N/A N/A

0002 POP 01-APR-2021 TO

31-MAR-2022

0003 POP 01-APR-2022 TO

31-MAR-2023

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 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 FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

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:

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 2017)

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No. 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--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

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

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

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

[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-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:

(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 -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-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-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

(4) Buy American--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 --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:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a…