W911SA19Q1051_Solicitation.docx

W911SA19Q1051

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. The government intends to establish three Blanket Purchase Agreements (BPAs) for Building Materials for Troop Projects for the period of 01 October 2019 to 30 September 2024.

1. BPA SUITE VALUE: The maximum value of all Calls made against blanket purchase agreements established by this solicitation shall not exceed $750,000.00

1. Point of Contact Information:

Email: melanie.s.kiel.civ@mail.mil

1. Quotes can be submitted in any of the following ways:

Posted to FedBizOpps (FBO.gov) Email: jessica.m.dekan.civ@mail.mil

1. PERIOD FOR ACCEPTANCE OF QUOTES. The Offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes.

1. All discourse concerning this solicitation and its requirement shall be directed to the Fort McCoy Contracting Office. Any remarks, explanations, or answers provided by any other Government Representative shall not change or qualify any of the terms or conditions of the solicitation. The solicitation shall only be changed by a written amendment issued by the Fort McCoy Contracting Office.

1. Written questions must be furnished to the Government no later than 6 SEPTEMBER 2019 at 10:00AM (Central Time) in order to ensure a timely response is provided by the quote closing date. All questions are to be submitted in writing at the time indicated in the solicitation or they may not be addressed before solicitation closing date; therefore, Offerors are advised to submit questions as soon as possible. Please provide your company name, telephone number, point of contact, email address, and solicitation number on all questions. The Government will respond to all questions via the issuance of an amendment which incorporates the question and the Government’s response.

1. QUANTITY: The quantity shown is an estimate that is not to be exceeded. The exact quantity shown is not guaranteed. The Government pays only for the actual quantities ordered by a BPA Call and is received.

1. This procurement is Set-Aside for Small Business under the NAICS Code 321912 with a size standard of 500 Employees.

1. An award for this requirement will be made pursuant to FAR 13.5, Test Program for Certain Commercial Items.

1. Ordering Officer: To be determined at the time of award (TBD)

1. Contract Administrator: TBD at time of award. If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

1. Contracting Officer: TBD at time of award.

1. Post award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the successful Offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

1. A DUNS number is required for SAM registration. If your company does not have a DUNS#, obtain one by calling 800-333-0505.

1. DUNS NUMBER ______________________________.

1. TAXPAYER ID #______________________________.

1. SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the SAM database at www.sam.gov.

1. A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.

1. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 321912 under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

1. If the prospective awardee for this request for quotes is not registered in the SAM database by close of solicitation, including NAICS 321912 under the Goods – Services section, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful registered Offeror.

1. Prospective contractors Sellers must also complete electronic annual representations and certifications (FAR 52.212-3 Alternative 1 Offeror Representations and Certifications - Commercial Items) and DFARS Representations & Certifications at www.sam.gov in conjunction with required registration in the System for Award Management database by the request for quote closing date to be eligible to receive an award for this request for quote.

1. ABILITYONE DESIGNATED ITEMS: In accordance with 52.208-9, contractors are referred to the web site of the Committee for Purchase from People Who Are Blind or Severely Disabled, the independent federal agency that administers the AbilityOne (formerly Javits-Wagner-O'Day or JWOD) Program for the lists of designated products and services http://abilityone.org/work_with_us/procurement.html

1. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

1. Under Executive Order 11701 and the Contracts Clause entitled “Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other eligible Veterans” (September 2006)(FAR 52.222-35), all Federal contractors with contracts of $100,000 or more must list job openings with the appropriate State Employment Service Office. If you have any questions about Executive Order 11701 or the Affirmative Action Program to encourage the hiring of veterans, please call the State Employment Office and ask for a Veteran’s Representative.

1. ALTERNATE DISPUTES RESOLUTION: In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum.

1. LEGAL COMPLIANCE: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

1. ATTACHMENTS:

Attachment 1: AT/OPSEC Attachment 2: Pricing Schedule

1. INFORMATION FOR EVALUATION

This section supplements clause 52.212-1 and 52.212-2 which is included elsewhere in this request for quote. The Government will award three BPA’s resulting from this request for quote to the responsible offerors whose quote conforming to the request for quote will be most advantageous to the Government, price and other factors considered. The Government intends to evaluate quotes and award three BPA’s without discussions with Offerors. Therefore, the offeror’s initial quote should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest priced quotes; and waive informalities and minor irregularities in quotes received.

This solicitation shall be evaluated based on technical specifications and price.

PRICE FACTOR:

Submission Instructions – Offerors shall submit a fully completed SF 1449, Pricing Schedule, or acceptable alternative as identified in 52.212-1 or elsewhere in the RFQ.

In case of discrepancy between a unit price and an extended price listed in the Item number, the unit price will be presumed to be correct, subject; however, to correction to the same extent and in the same manner as any other mistake.

Price will not be assigned an adjectival rating; and will be evaluated to determine if the Offerors quoted price is fair, reasonable, and balanced. The Government may determine that a quote is unacceptable if prices are significantly unbalanced. Price shall be evaluated at estimated quantities multiplied times their respective unit price.

Unrealistically Low Prices: Unrealistically low quoted prices, initially or subsequently, may be grounds for eliminating a quote from competition.

Unbalanced Pricing: Offerors are cautioned against submitting a quote that contains unbalance pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government shall analyze quotes to determine whether they are unbalanced with respect to separately priced line items or sub line items. Quotes that are determined to be unbalanced may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

TECHNICAL FACTOR:

Submission Instructions – Offerors shall submit documentation, which clearly identifies how the items quoted meets the requirements listed in the Statement of Work.

Evaluation – The documentation will be evaluated against the specifications established in the Statement of Work located in the RFQ. Each item in the Statement of Work will receive one of the adjectival ratings defined below. Any criterion that receives an unacceptable rating will result in an overall unacceptable rating for the factor and are not eligible for award.

TECHNICAL CRITERIA

Vendor must provide specifications verifying the quote submitted meets the requirements found in the solicitation and the Statement of Work.

STATEMENT OF WORK

BACKGROUND: The Directorate of Public Works, Troops Projects Branch, at Fort McCoy, WI facilitates troop project training. The Troop Project Program has plans to complete building projects, acquiring building materials using a Decentralized Blanket Purchase Agreement (BPA) Suite. The building materials listed in the attached example price schedule of the solicitation for this requirement are representative, but not inclusive, of the building materials that may be required and ordered in the future. Projects may require additional types and quantities of building materials, depending on project requirements.

LOCATION: The delivery area is Fort McCoy, WI, located between Sparta and Tomah, WI on State Highway 21, with projects that may be located throughout the installation, which is 60,000 acres, with boundary distances approximately 20 miles north to south and 7 miles east to west.

SCOPE/DESCRIPTION OF WORK: Supply and delivery building materials, primarily during the spring and summer months. Delivery hours are from 7:30 AM to 2:30 PM Monday through Friday, unless other hours are coordinated with the Troops Projects Coordinator. The Contractor will furnish all equipment, supplies, and personnel required to load, haul, and unload ordered building materials to Fort McCoy, WI sites. The Government may award orders requiring delivery to multiple locations, but orders will typically be delivered to the cantonment area at B2889 Lot #1 at the intersection of 14th Avenue and H Street.

It is the intent of this BPA suite to acquire building materials on short notice. Vendors’ responses to requests for quotes (RFQ) and delivery of materials by the stated date is important, in order to meet the mission requirements of the Troop Projects Program. Every attempt will be made to provide as much time as possible to respond to a RFQ and deliver material, but there may be instances where the vendors may be asked to respond to a RFQ and deliver materials within as short a time as three (3) business days.

EXTENT OF OBLIGATION: The estimated quantities shown in the pricing schedule are for quote evaluation purposes only and do not represent a commitment by the Government to purchase those quantities or any other quantities. The actual type amount of material to be delivered will be determined as required at the time a BPA call is competed and awarded. Individual BPA calls will be issued by authorized personnel placing orders for materials, as needed. Material will be delivered to the job site on Fort McCoy as indicated by personnel authorized to place BPA calls. No work is authorized under resultant BPAs without receipt of a BPA call.

DESCRIPTION OF AGREEMENT: This is a decentralized BPA suite for non-personal services. Under this BPA suite, the contractor shall perform all operations in connection with supplying building materials. Materials will be ordered by an authorized representative of the Contracting Officer. The period of performance for this BPA suite requirement is from 1 October 2019 to 30 September 2024.

GOVERNMENT’S DESIGNATED REPRESENTITIVE (Ordering Officer): Upon award of a BPA suite, the contractors will be furnished with a list of names of personnel authorized to place BPA calls.

PURCHASE LIMITATIONS: The Government’s Designated Representative (Ordering Officer) may award BPA calls not exceeding a total of $25,000.00 per BPA call. BPA calls estimated to exceed $25,000.00 will be competed and awarded by the contracting office.

COMPETITION FOR BPA CALLS: The Ordering Officer has the authority to place orders, by sending a bid schedule of materials to each vendor, to compete for individual orders. Orders normally will be awarded to the vendor with the lowest total price, but occasionally the award may be based on best value to include delivery time.

COORDINATING AND SCHEDULING: The BPA call price schedule will provide contact information for Government personnel receiving the order. The contractor shall use the contact information and make notification prior to delivery, to minimize Contractor’s delay.

FINAL INSPECTION: All material delivered must meet the price schedule specifications, and will be inspected by the delivery point of contact.

RECEIVING REPORT: The vendor shall provide a delivery document, at the time of delivery of building materials. The receiving point of contact will certify receipt, inspection, and acceptance of the items, if materials are suitable, by signing and dating a copy of the vendor’s documentation. The delivery point of contact will turn a copy of the signed delivery document into the BPA Ordering Officer.

INVOICES: For BPA calls totaling less than $25,000.00, the vendor shall submit a proper invoice to the Ordering Officer, and authorization for payment will be through the GOVERNMENT PURCHASE CARD. Invoices shall contain the following minimum information:

a) Name of Supplier

b) BPA Number

c) BPA Call Number

d) Itemized list of materials supplied

e) Quantity, unit price, and extension of each item, less applicable discounts

f) Date of delivery of shipment

For BPA calls totaling more than $25,000.00, which were awarded through the contracting office, the vendor shall submit invoices through Wide Area Work Flow.

COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS: In performing work under this agreement, the Contractor shall comply with all relevant federal, state and local statutes, ordinances, laws and regulations.

PROVISIONS ON CONTRACTING OFFICERS AUTHORITY: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, said authority remains solely with the Contracting Officer. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES: The contractor and all associated subcontractors' employees shall comply with applicable installation access, physical, personnel, and information security policy and procedures. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Government may require monthly participation in the Installation Random Antiterrorism Program.

SECURITY REQUIREMENTS

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES: The contractor and all associated subcontractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. The contractor and all associated subcontractors’ employees shall also comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Government may require monthly participation in the Installation Random Antiterrorism Program.

FOR CONTRACTORS REQUIRING A COMMON ACCESS CARD: The contractor and all associated subcontractors' if requiring the issuing of a Common Access Card (CAC), before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI.

EMPLOYEE ROSTER: The Contractor shall maintain a current listing of employees providing service under this contract. The list will include employee names, driver’s license numbers and state of issuance, birth dates and social security numbers. The list shall be provided to the KO, COR and to the Fort McCoy Police Department upon request. This list must contain a privacy act statement and be protected IAW with the Privacy Act of 1974.

EMPLOYEE IDENTIFICATION: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor shall ensure all contract employees and subcontractors shall conduct themselves in a proper manner at all times.

VEHICLE IDENTIFICATION AND ACCESS PASSES: The Contractor shall ensure all employees requiring access to the installation have completed all requirements and obtained authorization from the Fort McCoy Police Department. Vehicle passes must also be obtained and all contractor-owned and operated vehicles must be clearly identified with the company name. Vehicles shall be operated in a safe and prudent manner IAW base traffic rules and regulations. The Government reserves the right to search all vehicles entering or exiting the installation and limit or deny access to the installation as required.

RESTRICTED AREAS: During the course of the contract, certain areas/sites may become restricted or closed to contractor personnel. The Contractor shall comply with all rules, regulations and entry requirements to include signing in or obtaining an entry badge and/or waiting for an escort. Photography is prohibited without the written permission from the Government.

GOVERNMENT AND PERSONAL PROPERTY: The Contractor shall be responsible for safeguarding US Government (USG) and personal property. The Contractor shall conduct work so that Government property, personnel and work areas shall be protected at all times from inconvenience, damage or injury. In the event of loss or damage of any nature, caused by Contractor operations or employees, due to improper protection, precaution or safety measures, such damages shall be repaired or such property shall be replaced by the Contractor at his expense. In the event the Contractor does not satisfactorily repair or replace such damages, the Government reserves the right to make necessary correction and the Contractor shall reimburse the Government for all labor and materials costs associated with repairs or replacement.

MISHAPS: In the event of any mishap to property or person(s), the Contractor shall take reasonable and prudent action to establish control of the mishap scene, prevent further damage to persons or property and notify emergency services by calling 911. The Contractor shall remain on-scene until released by the Fort McCoy Police Department.

MISHAP REPORTING: The Contractor shall record and report promptly (within one (1) hour) to the KO and COR all available facts relating to each instance of damage to Government property, Personal property or any personal injury(ies). Initial notification may be made by phone followed up by a written report.

Troop Projects Building Materials

FFP

Orders to be determined on each individual call placed by an authorized caller.

Price Schedule must be completed for this requirement. See Price Schedule.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011334083

PSC CD: 5510

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2024

DIRECTORATE OF PUBLIC WORKS

FORT MCCOY WI 54656

FOB: Destination

W5CD3E

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

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

This solicitation shall be evaluated against technical specifications in the SOW and price. Past performance may be evaluated in accordance with 13.106-2(b)(3)(i) and (ii). If the contracting officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in subpart 19.6 and 15 U.S.C. 637(b)(7)).

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

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

“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.

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

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

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

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

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

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

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

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

(b)

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

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

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ Black American.

___ Hispanic American.

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs…