12-T-0029.pdf

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

33500000

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912BU-12-T-0029 30-Apr-2012

b. TELEPHONE NUMBER

215-656-6911

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 07 May 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

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FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

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W912BU

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7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROBERT R HILTON

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30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

237110

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

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OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W25PHS20050706

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TEL: EMAIL:

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(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

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8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

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32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project

DEREWAL-WELL INSTALLATION CONTRACT - PM0

FFP

DEREWAL-WELL INSTALLATION CONTRACT - PM0030-OPTIMIZATION

ACTIVITIES [127139] --- PROJECT NO.: 127139

See attached Scope of Work FOB: Destination

MILSTRIP: W25PHS20050706

PURCHASE REQUEST NUMBER: W25PHS20050706

NET AMT

SCOPE OF WORK

Scope of Work Monitoring Well Installation

Derewal Superfund Site, Kingwood Township, New Jersey

01/30/2012

1.0 GENERAL INFORMATION:

From 1970 to 1973, the Derewal Chemical Company used the 8-acre site for the storage of chemicals, which included a range of metals, acid solutions, and fertilizer nutrients and associated compounds. Numerous chemical spills were reported in 1973, including one incident in which the contents of a tanker truck containing an acidic chromium solution were allowed to drain onto the soil. The Derewal Chemical Company ceased operations at the site around 1974.

The site is adjacent to the Delaware River and the site has an active bike path that is used for recreation. None of the local residents' potable wells have been contaminated by the site. The groundwater is contaminated with VOCs, such as trichloroethene and tetrachloroethene, as well as cadmium.

2.0 DETAILED SCOPE OF WORK (SOW):

2.1 The SOW will include:

Monitoring well installation, MW-500 Retrofitting three (3) bedrock wells with PVC screens and risers (MW-1, MW-2 and

MW-5)

Monitoring well development Surveying Option 1: Includes the installation of a second monitoring well, MW-501 Option 2: Include the mobilization/demobilization for the installation of a third monitoring well, MW-502

2.2 Site Visit and Scoping Meeting:

In order to gain an understanding of the site and corresponding tasks, it is requested that the Contractor attend a site visit and scoping meeting. This site visit and scoping meeting shall satisfy prospective Contractors regarding all general and local conditions that may affect the execution of contract performance, to the extent that the information is reasonably obtainable.

This site visit will also serve as a scoping meeting for the project. The site visit will be scheduled within 10 working days of the receipt of this SOW, and will be coordinated through Mr. Ryan Scanlan of the U.S. Army Corps of Engineers (USACE), Philadelphia District, Geo- Environmental Section at 215-656-6664.

2.2.1 Applicable Regulations and Criteria:

The publications listed below form a part of this scope to the extent referenced. The publications are referred to in the text by basic designation only.

29 CFR 1910 - Occupational Safety and Health Standards; and EM 385-1-1 (2008 or current) USACE Safety and Health Requirements Manual

2.3 Health and Safety Plan:

The Contractor shall provide the USACE a draft HASP (Hazard Analysis Safety Plan), in accordance with the current version of USACE publication EM 385-1-1 to cover all on-site work under this assignment. (The Government will provide the Contractor with an example HASP from the DeRewal site which the Contractor may choose to emulate). The HASP shall include emergency phone numbers and directions to the local hospital. The HASP shall address health and safety requirements based on site-specific conditions. The draft HASP shall be submitted to the USACE within 14 calendar days of notice to proceed. The USACE will review the draft HASP and provide one comprehensive list of comments within 14 calendar days of receipt of the draft HASP. The Contractor shall submit the final HASP, with all comments addressed, to USACE within 7 calendar days of receipt of the review comments and shall include the same submission copies as the draft. The final HASP must first be USACE approved prior to any field activities.

2.4 Mobilization/Demobilization:

Mobilization shall consist of the delivery to the site of all equipment, materials, and supplies to be furnished by the Contractor, the complete assembly in satisfactory working order of all such equipment at the site, and the satisfactory storage at the site of all such materials and supplies.

All personnel entering the site will be required to attend a site-specific health and safety briefing.

It is anticipated that all drilling will be done Level D and modified Level D PPE including Tyvek® coveralls, safety glasses and protective gloves to complete the majority of the work.

No less than ten (10) working days prior to commencing field operations, the Contractor shall notify the USACE point-of-contact, Ryan Scanlan at (215) 656-6664. No less than five (5) working days prior to commencing subsurface operations, the Contractor shall call the underground utilities checking service to determine and mark the utilities location. The Contractor shall coordinate all clearance issues in accordance with New Jersey state regulations.

The Contractor shall also determine and call any relevant company or agency, which may not be part of the checking service, e.g., water/sewer utility authorities, treatment plant piping.

Demobilization shall consist of the “prompt” removal from the site of all equipment, materials, and supplies after completion of the work and includes the cleanup and removal of all waste and site restoration as specified in the sections that follow.

2.6 Well Installation:

The goal of the drilling program is for future delineation of groundwater contamination. Results from this sampling effort will provide the Government with further information on the lateral and vertical extent of groundwater contamination in the down gradient portions of the plume.

The drilling contractor selected shall be HAZWOPER trained (complying with 29 CFR 1910.120), qualified in water well drilling and licensed in New Jersey. The contractor shall be responsible for obtaining all applicable permits, licenses, or other requirements necessary for the prosecution of the work. Monitoring Well Permit forms shall be completed by the contractor and submitted to the NJDEP prior to well installation. In addition, a Monitoring Well Record form shall also be submitted to the NJDEP after the well completion and a copy supplied to the

USACE.

2.6.1 Air Monitoring:

The air monitoring for ionizable chemicals at each well location will be conducted by a Philadelphia USACE representative. (Past lab data can be obtained by contacting Ryan Scanlan at 215-656-6664.)

2.6.2 Bedrock Well Retrofits:

The contractor shall retrofit the existing MW-1, MW-2 and MW-5, open borehole bedrock wells with an inner well consisting of two (2) inch diameter, schedule 40, PVC riser and screen. The screen shall be ten (10) foot long, schedule 40, and 0.010 inch slot size PVC well screen composed of PVC. The 00N sand filter pack shall extend two (2) feet above the top of the well screen, and the bentonite seal (3 feet thick) shall be placed above the top of the sand pack. The sand pack and bentonite seal shall be placed in the well by use of a tremie pipe. Each well will be placed in the existing well and shall have centralizers placed a minimum of every five (5) feet.

The contractor shall place the new two (2) inch well assemblies (MW-1, MW-2, and MW-5) inside the existing wells. (See Figure 5 for a proposed well profile for retrofit wells)

The screens for MW-1, MW-2 and MW-5 are to be placed at the base of the existing bedrock socket. The well filter pack shall conform to the specifications addressed above. Currently;

MW-1, MW-2 and MW-5 have an open borehole (no well screens). Their corresponding well information is as follows:

Well Name Ground El. TOC El. Well Depth, ft Gravel Layer, El Bedrock El.

MW-1 114.92 116.46 57.23 107.3 --

MW-2 119.66 121.46 75.0 -- --

MW-5 121.92 123.63 66.54 108.56 107.76

Following drilling, all subsurface soil generated by the drilling operations shall be placed in 55 gallon drums, sampled, analyzed and disposed of at an Environmental Protection Agency (EPA) approved site. Manifests will be submitted to USACE for review prior to receipt of final payment.

The contractor shall decontaminate the rear of the drill rig and all down-hole equipment between borings. The drilling contractor may use the onsite concrete truck pad for decontamination, however all decontamination water must be captured and placed in drums, sampled, analyzed and disposed of at an EPA approved site. Manifests will be submitted to USACE for review and comments, prior to receipt of final payment.

2.7 Well Replacement:

MW-500 (located at the site of the former MW-202) shall be advanced to weathered shale (approximately 10 to 13 feet below ground surface (bgs)) and then a two (2) foot socket shall be drilled into the competent rock. Then a new four (4) inch PVC well shall be installed a minimum of two feet into rock and a minimum of eight (8) feet of the screen shall be in the overburden (gravel). (See Figure 4 for a proposed well profile for MW-500)

The water table is generally encountered at a depth of about 10 to 13 feet bgs. It is recommended that drilling be performed utilizing hollow stem auger drilling methods.

Any other drilling method must be first approved by the USACE Contracting Officer (Ryan Scanlan).

The following summarizes the expected subsurface conditions from boreholes conducted in other areas of the site:

0-13 feet below grade (approx.) - Backfill (which may include some trash) 13 feet - Non-woven geotextile layer 13-14 feet below grade (approx.) - Gravel layer 13-17 feet below grade (approx.) - Weathered shale +15 feet below grade (approx.) - Bedrock

Note that at well MW-500, the USACE has since removed the prior well (MW-202), the native soil and weathered bedrock and replaced it with fill, geotextile and gravel to bedrock.

The contractor shall install a flush mount well cover. The pad shall be 2 feet long by 2 feet wide by 0.5 ft thick.

2.8 Monitoring Well Development:

Well development shall begin no sooner than 24 hours after well screen placement. Acceptable well development methods include surging or jetting. The well development shall be conducted until the groundwater obtained from the well has a sufficiently low turbidity (less than 40 nephelometric turbidity units [NTU]) or until a maximum of 4 hours of total redevelopment pumping time has been incurred. The minimum time of development shall be two hours of continuous surging or jetting. The turbidimeter used for this shall be calibrated properly each day that it is used. The USACE POC shall be notified immediately if any well does not attain the required turbidity level after four hours of development. The USACE POC shall also be notified immediately if any well does not provide sufficient amounts of water to be developed, or is “dry”. The Contractor shall complete a record of the well development operations conducted at each well location and present the results on the Well Development Log included as Figure 2.

Well development shall continue for a maximum of four hours. During development, the following parameters should be recorded and submitted with the final report (see Figure 2): time, cumulative water volume (gallons), water level readings (ft below TOC), temperature (degree C), pH, specific conductance (S/cm), turbidity (NTU), and any comments (odor, color, etc).

Development water must be contained in temporary tanks or drums, sampled, analyzed and transported to an approved facility for disposal. Manifests will be submitted to USACE for review and comments prior to receipt of final payment.

2.9 Surveying:

The monitoring well locations shall be surveyed relative to the National Geodetic Vertical Datum of 1929 (NGVD 1929) coordinate system by a New Jersey-licensed surveyor. Horizontal locations should be surveyed to the nearest 0.10’ and vertical elevations (top of outer casing, top of inner casing and ground surface) shall be surveyed to the nearest 0.010’. This information (coordinates and elevations of all locations) shall be provided to Mr. Ryan Scanlan in electronic format (Microsoft Excel 2007 or newer). In addition, copies of the completed New Jersey Form B Monitoring Well Certification forms (see Figure 3: Monitoring Well Certification Form B – Location Certification) shall be provided.

2.10 Option 1:

At the Government’s sole discretion, the Government may choose to authorize option 1. Option 1 is the installation of an additional monitoring well (MW-501). If authorized, MW-501 shall be installed, developed, and surveyed per the conditions noted above (see Figure 2-1). Should there be any uncertainty, all questions will be directed towards Mr. Ryan Scanlan.

2.11 Option 2:

At the Government’s sole discretion, the Government may choose to authorize option 2. Option 2 is the installation of MW-502. MW-502 shall be installed at the former extraction well 1 location. If authorized, MW-502 shall be installed, developed, and surveyed per the conditions noted above. Should there be any uncertainty, all questions will be directed towards Mr. Ryan Scanlan.

2.12 Drilling Services:

The contractor shall be responsible for providing all equipment necessary to carry out the scope of work. This equipment shall include, but not limited to the following:

Drill rig and support vehicles capable of accessing drilling locations;

All tools and equipment necessary to access drilling locations;

All expendable items and supplies to drill and install the wells;

All necessary decontamination equipment including a steam cleaner; and, Equipment for transporting potable water for decontamination and mixing grouting materials (on-site water source is not available).

Contractor shall have a minimum of 5 years working experience in drilling monitoring wells.

Contractor shall take all necessary precautions to protect the site and possible nearby structures from any damage resulting from the drilling operation. In the event that the surface of the site is disturbed (ruts from vehicles, torn grass, damaged bike path, etc), the disturbed areas shall be restored to their initial condition. This involves grading and reseeding that will be protected from geese.

Contractor shall be responsible for providing potable water as required for performing work.

No drilling waste or ground water shall be introduced to any existing body of water or in any manner that violates local, State, and Federal Laws or Regulations.

The Contractor shall place a temporary work fence and signs around the work zone, notifying bike path users and the public of the work. (Bike path will be accessible while work is being performed.)

Contractor shall provide a temporary sanitary facility while work is being performed on-site.

Occupational Safety and Health Administration (OSHA) and U.S. Army Corps of Engineers safety and health manual, EM 385-1-1, shall be used as guidelines and the more stringent guideline will take precedence.

3.0 DELIVERABLES:

The Drilling Contractor shall submit to USACE the following:

Drilling work plan;

Hazard Analysis Safety plan (HASP);

Copy of state drilling permits;

Driller’s logs and permits;

Well survey coordinates;

Monitoring well development forms; and Monitoring Well Certification Form.

4.0 COORDINATION AND EXECUTION OF WORK:

The USACE project manager and point of contact for this Task Order will be Mr. Ryan Scanlan.

The Contractor shall keep in close liaison with the project manager who will be available for coordination with the document approvals, drilling activities, and laboratory analysis.

5.0 PERIOD OF PERFORMANCE:

The total period of performance for the task order is 21 days. The Contractor shall adhere to the following schedule, which is subject to adjustment by the Contracting Officer, in writing, for delays on the part of the Government, and for conditions beyond the control of the parties hereto:

Begin work within 10 calendar days of notice to proceed Submit the Work Plan, and HASP within 14 calendar days of notice to proceed Complete the field activities within 40 calendar days of notice to proceed

6.0 COMPENSATION TO THE CONTRACTOR:

In consideration of the performance of the work under this task order, the Contractor shall be paid according to the schedule below for the work described herein. This shall constitute complete payment for all work and services required and expenses incurred in the performance of this task order.

Item Unit Cost

Field Labor and Expenses Lump Sum $______

Option 1 (MW-501) Lump Sum $______

Option 2 (MW-502) Lump Sum $______

Plans and Reporting Lump Sum $_______

Total Contract Cost $ _______

FIGURE 2: MONITORING WELL DEVELOPMENT RECORD

Figure 2: Monitoring Well Development Record

Well Name:_________________ Depth to bottom (ft.):

___________________________Responsible Personnel: _____________________

Site: _______________________ Static Water Level Before (ft from TOC): _________

Name of Drilling Company: _________________

Date Installed: _______________ Static Water Level after (ft from TOC): ___________

Project Name: ____________________________

Dev Method: ________________ Specific Capacity: ______________________________

Pump Type: _________________ Casing ID (in.): ________________________________

Time

Cumulative Water

Volume (gal)

Water Level

Reading (ft

Below

TOC)

Temperature (Degree C) pH Specific

Conductance (S/cm)

Turbidity

(NTU)

Remarks (Odor, color, etc)

W912BU-12-T-0029

FIGURE 3: MONITORING WELL CERTIFICATION FORM B

MONITORING WELL CERTIFICATION FORM B- LOCATION CERTIFICATION

Name of Owner: __________________________________________________________________

Name of Facility: __________________________________________________________________

Location: _________________________________________________________________________

Case Number(s): _________________________________ (UST #, ISRA #, Incident #, or EPA #)

LAND SURVEYOR'S CERTIFICATION

Well Permit Number: __ __ - __ __ __ __ __ - __ (This number must be permanently affixed to the well casing.)

Owners Well Number (As shown on application or plans): _______________________

Geographic Coordinate NAD 83 (to nearest 1/10 of second):

Longitude: West _____________________ Latitude: North _______________________

New Jersey State Plane Coordinates NAD 83 to nearest 10 feet:

North ____________________ East _______________________

Elevation of Top of Inner Casing (cap off) at reference mark (nearest 0.01'): ________________________

Source of elevation datum (benchmark, number/description and elevation/datum. If an on-site datum is used, identify here, assume datum of 100', and give approximated actual elevation.)

Significant observations and notes: _____________________________________________________

AUTHENTICATION

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.

SEAL

PROFESSIONAL LAND SURVEYOR'S SIGNATURE DATE

PROFESSIONAL LAND SURVEYOR'S NAME AND LICENSE NUMBER

(Please print or type)

PROFESSIONAL LAND SURVEYOR'S ADDRESS AND PHONE NUMBER

Figure 4: MW-500 PROPOSED WELL PROFILE

Figure 5: MW-1 PROPOSED WELL PROFILE (RETROFIT)

SITE MAP

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

FEB 2012

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

MAY 2011

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2011

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 200&0 Alternate I

DEC 2007

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture SEP 2006 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.225-7001 Buy American Act And Balance Of Payments Program OCT 2011 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2012)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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 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 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.

(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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 (n) 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 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 ( ) 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern 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 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)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (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 CCR 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)(9)(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: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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, U.S. Trust Territory of the Pacific Islands (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) 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 $100,000.) 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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.)

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

(List as necessary)

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

(g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

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

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

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

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

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

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

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

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

Other End Products

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

(h) Certification Regarding Responsibility Matters (Executive Order 12689).