W91238-14-Q-0067.doc

Section SF 1449 - CONTINUATION SHEET

Base Year

FFP

Base Year- Pest Control Services (Ground Squirrels)- This is an informational line item only, see sub line items for pricing. All line items containing quantities are estimated quantity line items, See Performance Work statement for more information. The contractor shall furnish all services, labor, supplies, Tools, materials, transportation and supervision necessary to provide pest Control Services (Ground Squirrels) at Hensley Lake, Madera County, Raymond, Ca. Period of performance: 1 July 2014 through 30 Nov 2014 Point of Contact Technical: Carrie Richardson @(559) 673-5151; Contracting POC Robert Garcia @(916) 557-7229

FOB: Destination

NET AMT

0001AA

Pre baiting

Base Year- Ten (10) day Prebaiting during the months of July and November at various locations, See Statement of Work dated 16 Jul 2013 Part B (each =service)

NET AMT

0001AB

Baiting

Base Year- Thirty (30) day baiting during the months of July and November at various locations, See Statement of Work dated 16 Jul 2013 Part B (each =service)

NET AMT

0001AC

Meetings

Meetings . Two meetings consisting of a Pre-Contract meeting and a Planning meeting, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

0001AD

Accident Prevention Plan

Accident Prevention Plan IAW Performance Work Statement section. Period of performance: Base and all option years. Delivery of APP is 14 Days ARO

NET AMT

FFP

Option Year 1- Pest Control Services (Ground Squirrels)- This is an informational line item only, see sub line items for pricing. All line items containing quantities are estimated quantity line items, See Performance Work statement for more information. The contractor shall furnish all services, labor, supplies, Tools, materials, transportation and supervision necessary to provide pest Control Services (Ground Squirrels) at Hensley Lake, Madera County, Raymond, Ca. Period of performance: 1 Dec 2014 through 30 Nov 2015 Point of Contact Technical: Carrie Richardson @(559) 673-5151; Contracting POC Robert Garcia @(916) 557-7229

NET AMT

1001AA

FFP

OptionYear 1- Ten (10) day Prebaiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

1001AB

FFP

Option Year 1- Thirty (30) day baiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

1001AC

FFP

Meetings . Two meetings consisting of a Pre-Contract meeting and a Planning meeting, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

FFP

Option Year 2- Pest Control Services (Ground Squirrels)- This is an informational line item only, see sub line items for pricing. All line items containing quantities are estimated quantity line items, See Performance Work statement for more information. The contractor shall furnish all services, labor, supplies, Tools, materials, transportation and supervision necessary to provide pest Control Services (Ground Squirrels) at Hensley Lake, Madera County, Raymond, Ca. Period of performance: through Point of Contact Technical: Carrie Richardson @(559) 673-5151; Contracting POC Robert Garcia @(916) 557-7229

NET AMT

2001AA

FFP

Option Year 2- Ten (10) day Prebaiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

2001AB

FFP

Option Year 2- Thirty(30) day baiting during the months of June and November at various locations, See Statement of Work dated 16 Jul 2013 Part B (each =service)

NET AMT

2001AC

FFP

Meetings . Two meetings consisting of a Pre-Contract meeting and a Planning meeting, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

FFP

Option Year 3- Pest Control Services (Ground Squirrels)- This is an informational line item only, see sub line items for pricing. All line items containing quantities are estimated quantity line items, See Performance Work statement for more information. The contractor shall furnish all services, labor, supplies, Tools, materials, transportation and supervision necessary to provide pest Control Services (Ground Squirrels) at Hensley Lake, Madera County, Raymond, Ca. Period of performance: 1 Dec 2016 through 30 Nov 2017 Point of Contact Technical: Carrie Richardson @(559) 673-5151; Contracting POC Robert Garcia @(916) 557-7229

NET AMT

3001AA

FFP

Option Year 3- Ten (10) day Prebaiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

3001AB

FFP

Option Year 3- Thirty (30) day baiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

3001AC

FFP

Meetings . Two meetings consisting of a Pre-Contract meeting and a Planning meeting, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

FFP

Option Year 4- Pest Control Services (Ground Squirrels)- This is an informational line item only, see sub line items for pricing. All line items containing quantities are estimated quantity line items, See Performance Work statement for more information. The contractor shall furnish all services, labor, supplies, Tools, materials, transportation and supervision necessary to provide pest Control Services (Ground Squirrels) at Hensley Lake, Madera County, Raymond, Ca. Period of performance: through Point of Contact Technical: Carrie Richardson @(559) 673-5151; Contracting POC Robert Garcia @(916) 557-7229

NET AMT

4001AA

FFP

Base Year- Ten (10) day Prebaiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

4001AB

FFP

Option Year 4- Thirty (30) day baiting during the months of June and November at various locations, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting)

NET AMT

4001AC

FFP

Meetings . Two meetings consisting of a Pre-Contract meeting and a Planning meeting, IAW Part B item 7 of Statement of Work dated 16 Jul 2013 , (each=meeting).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-NOV-2014

30-NOV-2014

30-NOV-2014

30-NOV-2015

30-NOV-2015

30-NOV-2015

30-NOV-2015

30-NOV-2016

30-NOV-2016

30-NOV-2016

30-NOV-2016

30-NOV-2017

30-NOV-2017

30-NOV-2017

30-NOV-2017

30-NOV-2018

30-NOV-2018

30-NOV-2018

30-NOV-2018

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer 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 offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

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

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

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

1. Technical and Price Proposal Packaging Guidelines.

a. Each Offeror must respond to this Request for Proposals with both a price proposal and a technical proposal. The price proposal and the technical proposal are to be prepared as two physically distinct volumes but submitted together prior to the closing date and time specified for this solicitation, in accordance with the instructions herein.

b. Due to space and storage constraints, and in order to reduce Government handling time, compliance with the following recommended packaging guidelines is requested for both the written technical and price proposals.

(1) Submit only typed/printed hard-copy paper documents, unless specifically authorized elsewhere in this solicitation. Evaluation personnel will not have access to the equipment necessary to review video tapes or other audio-visual materials, including computer media.

(2) Pressboard report covers with compression-type fasteners or spring-action clamps are preferred. The use of three-ring binders/notebooks is acceptable. Do not exceed the recommended capacity of the binder/fastener as your proposal will receive extensive handling.

(3) The use of plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages is not desired as changes to your proposal may result from negotiations, if discussions are held.

CAUTION: All information intended to be evaluated as part of the technical proposal (e.g., past experience information, past record of conformance with small business program requirements, etc.) must be submitted as part of the technical proposal, if applicable. Do not cross-reference material submitted with the price proposal (e.g., the Pre-Award Survey) in the technical proposal. Any such information in the price proposal that is referenced but not provided as part of the technical proposal will not be considered during the technical evaluation, and vice versa.

2. Price Proposal:

a. Number of copies. Submit the original and 1 copy of the price proposal.

b. The original and all copies of the price proposal shall be appropriately labeled as such, and shall be comprised of the following (there are no page limitations to the price proposal):

TAB 1: The first page (cover sheet) for the proposal, which must include all of the information required by FAR 52.215-1(c)(2)(i)-(v), provided in full text below.

TAB 2: The Standard Form (SF) 1449 completed by the Offeror and duly executed by an official authorized to bind the company. Also include under TAB 2 acknowledgement of any and all amendments to the solicitation in accordance with the instructions on the SF 30.

CAUTION: See FAR 4.102, Contractor’s Signature, for instructions pertaining to the proper execution of the SF1449. Also, the name and address of your firm on the offer MUST EXACTLY MATCH the address used for your DUNS number/CCR registration.

TAB 3: The complete Cost/Pricing Schedule, with the Offeror’s proposed contract line item costs/prices inserted in the appropriate spaces.

NOTE: PRICES TO INCLUDE TRAVEL COSTS TO/FROM LOCATIONS

CAUTION: If the Cost/Pricing Schedule contains unit prices, they are to be extended to the actual amount and rounded to the nearest cent. Please check your cost/pricing submission very carefully for mathematical and clerical errors prior to submission.

TAB 4: Representations, Certifications and other Statements of Offerors , completed by the offeror.

TAB 5: Completed Pre-Award Survey.

3. Technical Proposal:

a. The technical proposal will consist of all information and material submitted or provided in writing (as specified for each factor) for evaluation in response to the Technical (i.e., “non-cost”) evaluation factors, as specified in this section and FAR 52.212-2 of this solicitation. No dollar amounts from the price proposal are to be included in the technical proposal. Exceptions to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) must not be included in the proposal.

b. Number of copies: Submit the original and 3 copies of the written technical proposal.

c. Format and Related Instructions:

(1) The technical proposals will be evaluated in direct correspondence to the technical (“non-cost”) evaluation criteria. Therefore, technical proposals are to be formatted in accordance with the listed order of the evaluation factors.

CAUTION: If the offeror fails to provide information relating to the criteria or locates the information in another part of the technical proposal without providing cross references, the offeror risks receiving a lower evaluation if evaluators are not able to readily locate the appropriate information. The Government is not responsible for finding information that is not clearly cross-referenced.

(2) Page Limitations: All page limitations, whether specified for the entire technical proposal, or for specific submissions, will be strictly enforced. Any pages in excess of the limitation(s) will not be evaluated.

The technical proposal shall be limited to 30 pages. Should information to be submitted as part of the Technical proposal be exempt from the page limitation, that exemption will be so stated in the specific instructions to offerors under the associated evaluation factor. One side of the paper counts as one page; information on the back and front of one piece of paper will be counted as two pages. Fold out pages (8 ½” x 14” or 11” x 17”) may be used only for graphical presentation (matrices, etc.) and will count for one page, if used. Sheets larger than 8 ½” x 11” may not be used for narrative information. Pages shall be single spaced (line spacing of 1.0) using Times New Roman font or similar, with font size no smaller than 11 point, as printed in Word or WordPerfect. Proposals shall have at least a one-inch margin on all sides. Header/footer/page number information may be placed inside the margins using a font size 8 point or larger. All pages included in the page count shall be numbered sequentially.

(3) The original and all copies of the technical proposal will be appropriately labeled as such, and shall conform to the following format and contents.

(a) Title Page, including the solicitation number, name of the offeror, and date of submission (exempt from the proposal page limitation).

(b) Table of Contents, including a list of tables, drawings, maps, exhibits, or other attachments (exempt from the proposal page limitation).

(c) Responses to Evaluation Factors (included in the proposal page limitations unless otherwise specified herein).

(d) Information to be submitted in Response to the Technical Proposal Evaluation Factors. It is highly recommended that offerors use tabs to separate each factor in their presentation of the technical proposal information. Tabs to separate factors are excluded from the page limitation. Factors are presented in their order of importance:

Past Performance

Price

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

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

Past Performance (see FAR 15.304) and price

Past Perfortmance is approximately equal to price.

Technical and past performance, when combined,

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

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

(End of provision)

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

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

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

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

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

(List as…