SF18.pdf

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912DR18Q0061 09-May-2018 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

USACE, BALTIMORE DISTRICT

2 HOPKINS PLAZA

ROOM 03-G-01

BALTIMORE MD 21201

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ] FOB

DESTINATION

[ ] OTHER X

(See Schedule)

30-May-2018(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

410-962-5626LA SHURA M JOHNSON

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

Section C - Descriptions and Specifications

SCOPE OF WORK

SPECIFICATIONS - SCOPE OF WORK

CATIONIC POLYMER –

POLYDADMAC (TOTE BINS)

Summary

The summary table references the location of specific information within this Scope of Work. The Contractor must comply with all requirements listed herein, regardless of inclusion in the summary table.

Section(s)

Chemical name Cationic Polymer 1, 6

Strength 20% 1, 6a

Projected annual quantity 60-80 Totes 3

Unit of measure for invoicing Totes 13a

Delivery form (tote vs. bulk) Tote 8

Delivery load size 20 totes (typical) 8b

NSF/ANSI Certification 60 7

AWWA Standard B541 6a

Physical/chemical requirements Various 6

Bid submittal requirements See section 4

Contract award submittal requirements See section 5

Delivery requirements See sections 8-12

Delivery documentation See section 8g

1 Requirement – Furnish all of the Washington Aqueduct’s cationic polyelectrolyte

Poly(Diallyldimethylammonium Chloride), or polyDADAMAC, which shall herein be referred to as Cationic Polymer, in accordance with these specifications. Cationic Polymer is used at Washington Aqueduct’s Dalecarlia water treatment plant (WTP). Cationic Polymer shall conform to the requirements of ANSI/AWWA Standard B541, latest revision, for Cationic Polymer, except as modified or supplemented herein, and shall conform to NSF/ANSI Standard 60.

2 Period of Performance – One (1) base year and four (4) option years.

3 Government Projected Requirements:

Dalecarlia WTP: Approximately 60 totes per year estimated with possibility of up to 80 tote bins (as 275 gallon tote bin cationic polymer) during period of performance. Each option will have the same estimated requirement as the base.

4 Proposal Submittal -a Bid Submittal shall include the following information:

Information to be Submitted with Quote

1. A product information sheet (product bulletin) issued by the product manufacturer

2. A certified laboratory report for a representative sample of product demonstrating compliance of the Contractor’s product with the requirements of Section 6 (Physical / Chemical

3. Certification by a certification organization accredited by the American National Standards

Institute stating that product meets the NSF/ANSI Standard 60 for addition to drinking water

4. A safety data sheet (SDS) that complies with paragraph (g) of 29 CFR 1910.1200

5. Offeror shall respond with written statement on company letterhead signed by senior level company official that states, “Contractor is able to provide an uninterrupted supply of Cationic Polymer to Washington Aqueduct for the assigned period of performance.”

6. Information demonstrating past performance as described in paragraph (c) of this section b If the product of more than one facility or manufacturer may be supplied to fulfill this contract, the information described in Section 4a must be submitted for each separate facility and manufacturer. Any request to change the product and/or manufacturer during the contract period must be submitted for approval to Contracting Officer’s Representative.

c Past performance will be evaluated as either “Acceptable or Unacceptable.” Bidders who do not include information demonstrating past performance will be deemed as having “Unacceptable” past performance. Bidders shall submit the following information for representative chemical delivery projects of similar size and scope during the past 5 years: name of project, contract or project number, dollar amount of project, project completion date, project location, customer point of contact, and email address and telephone number for customer point of contact.

5 Information Required Upon Contract Award -a The following information is required no later than 14 days after the contract award to the individuals listed below:

TO BE FILLED IN AT CONTRACT AWARD

Information Required Upon Contract Award

Sales Office Information Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Ordering Office Information

Telephone number(s) During working hours During non-working hours

Email address

Normal working hours

Responsible personnel

Technical Services Department Information

Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Chemical-Emergency Assistance (24 hours a day)

Telephone number(s)

Responsible personnel

Product Information for the Chemical Supplied

Product information bulletin from product manufacturer

Certification from accredited certification organization of compliance with NSF/ANSI 60

Safety Data Sheet (SDS) that complies with paragraph (g) of 29

CFR 1910.1200

b The Contractor shall provide a completed, signed Accident Prevention Plan in accordance with Part

1910, Title 29 of the Code of Federal Regulations and EM 385-1-1, 15 Sep 08, for approval. A template is provided as Appendix A.

c Prior to the first chemical delivery and each time there is a change in dispatcher and/or delivery personnel the Contractor shall forward the following information:

TO BE FILLED IN AT CONTRACT AWARD

Information Required Upon in Dispatcher and/or Delivery Personnel

Dispatcher Information Address

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Cargo Trailer Operator Documentation

Names and photographs of the cargo trailer operators making deliveries

6 Physical / Chemical Requirements – a Cationic Polymer shall meet or exceed the ANSI/AWWA Standard B541, latest revision except as modified or supplemented herein. All sampling and testing shall be in accordance with ANSI/AWWA Standard B541, latest revision. Cationic Polymer shall conform to the following requirements:

Physical / Chemical Characteristics

Parameter Minimum Required Maximum Allowed

Percent active polyDADMAC (Poly(Diallyl-dimethylammonium Chloride))

19 21

Specific Gravity at 60 degrees F 1.02 1.05 pH 5 8

Freeze point -3°C 0 °C

Boiling point 100 °C b The Cationic Polymer supplied shall be in liquid emulsion form, easily applied by metering pumps and water miscible, free from visible foreign matter and sediment, and freeze/thaw stable, requiring nothing more than agitation to place thawed material back into a useable form.

c The Cationic Polymer must have a strong positive charge, be non-reactive to chlorine, and be capable of acting as a primary coagulant under wide fluctuations in raw water characteristics (including temperature, pH, and turbidity). It must not cause high head losses or “blinding” of mixed media filters.

7 Quality Assurance Requirements – a Certification of Suitability for Drinking Water - Cationic Polymer supplied under this contract is a direct additive used in the treatment of potable water and shall be certified as suitable for treatment of drinking water by an accredited certifying organization in accordance with the requirements of the National Sanitation Foundation / American National Standards Institute Standard 60 (NSF/ANSI Standard 60), Drinking Water Treatment Chemicals—Health Effects.

b Maximum Usage Level (MUL) for NSF/ANSI Standard 60 certification shall be greater than or equal to 50 mg/L.

c Certification shall be performed by a certification organization accredited by the American National Standards Institute, and evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in NSF/ANSI Standard 60.

d Contractor shall inform Washington Aqueduct that certification has been revoked or has lapsed within 7 days of the time the Contractor receives oral or written notification from the certification organization.

Loss of certification after Contract award shall constitute sufficient grounds for termination of the Contract by the Government.

8 Delivery –

Delivery to Dalecarlia WTP: Approximately 80 totes per year. Estimated quantities of 80 tote bins (as 275 gallon tote bin cationic polymer) during period of performance.

a Delivery date and time shall be arranged upon placement of order (refer to above description for detail to estimate delivery date and times).

b Quantity - Deliveries shall normally be made in 20 tote bin lots. However, in cases of emergency, contractor agrees to make delivery of any requested amount less than 20 tote bin lots at no additional charge to the Government.

c Tote Bin Retrieval - The Contractor is responsible for the pick-up and disposal or recycling of empty and near empty tote bins. The Dalecarlia WTP or McMillan WTP shall notify the Contractor when empty and near empty tote bin pick-up is required.

d Cargo Trailer Enclosure - Each cargo trailer used to deliver Cationic Polymer tote bins shall be totally enclosed. Open flat bed cargo trailers are not acceptable.

e All delivery drivers shall possess a valid commercial driver’s license with the proper Hazardous Material (HAZMAT) endorsements accepted by District of Columbia. All delivery personnel must have company cell phones to facilitate deliveries.

f Tamper-Evident Seal – Tote bins shall be equipped with tamper-evident seals (see NSF/ANSI Standard 60 Section 3.9.2.2).

Deliveries to the Dalecarlia WTP:

Washington Aqueduct Dalecarlia Water Treatment Plant 5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514 g Documentation Required for Each Delivery-

Documentation Required for Each Delivery

Each Delivery - The Contractor shall e-mail the personnel listed in (f) above the following information prior to each delivery leaving the manufacturing facility:

1. Chemical Product Name/ Manufacturer Name

2. Bill Of Lading Number

3. Departure Date And Time

4. Expected Delivery Date And Time

5. Hauler’s Company Name

6. Driver/ Operator’s Name And Driver’s License State And Number

7. Truck License Number

8. Cargo Trailer License Number

Upon arrival at the facility, the cargo trailer operator shall present to on-site personnel the following items:

1. Bill of lading including lot number or identification of the specific load of chemical delivered

2. Machine stamped weight certificate

3. All totes shall be labeled with indicating compliance with applicable ANSI/AWWA and NSF/ANSI standards.

4. Certified manufacturer’s laboratory report for the specific load of chemical delivered. The report shall contain the following data:

5. Certified manufacturer’s laboratory report for the specific load of chemical delivered.

The report shall contain the following data:

Date of Manufacture

Date of Shipment

Percent active polyDADMAC

Density

Specific Gravity and reference temperature h The Contractor shall notify the control room (Dalecarlia telephone 202-764-2700; McMillan telephone

202-762-0166) and the email recipients (as listed above in item 8F) of any changes in the driver, cargo trailer, and or delivery schedule.

i Routine Deliveries - The Cationic Polymer delivery shall be between 0700 and 1400 hours Monday through Friday except federal holidays. Any exception to this requirement must be approved by one of the individuals listed in Section 8F.

j Emergency Deliveries - Emergency deliveries may be required within 2 business days after notification.

k In the event that the load is rejected, the Contractor shall have 24 hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, Washington Aqueduct has the right to procure a shipment from another source.

l Holding time prior to delivery - Not applicable to delivery of Cationic Polymer.

m The Contractor is responsible for assuring delivery quantities do not exceed the current funded delivery order.

n All deliveries of Cationic Polymer shall be freight prepaid, F.O.B. to the following Government facility:

Washington Aqueduct Dalecarlia Water Treatment Plant o Directions:

Directions to the Dalecarlia WTP:

From 495 take the River Road exit towards D.C.

Take a right on to Goldsboro (614) Take a left on to Massachusetts Avenue At the Westmoreland Circle take the 2nd right on to Dalecarlia Parkway Merge right on to Loughboro Road Take a right on to MacArthur Blvd.

Take a left at the Dalecarlia WTP gate

9 Offloading Requirements a Removal of security tags - Not applicable to offloading of Chemical Name.

b Sampling and Testing Prior to Offloading. At the sole discretion of Washington Aqueduct, the Contractor’s delivery personnel (driver) may occasionally be asked to provide a sample of the chemical from the delivery vehicle before unloading the cargo. Washington Aqueduct will supply the sample container and the driver shall collect the sample from the transportation equipment and turn it over to a Washington Aqueduct representative. Washington Aqueduct reserves the right to subject samples of the chemical to quick tests to ensure that product meets basic conditions of these Specifications. The Contractor shall allow 60 minutes for this testing to be completed.

c Filling appropriate tanks - Not applicable to offloading of Cationic Polymer.

d Air padding system - Not applicable to offloading of Cationic Polymer.

e Contractor shall be reimbursed for industry-standard demurrage charges incurred as a result of delays caused by the Washington Aqueduct whenever unloading has not started within (2) two hours after arrival.

f Contractor shall ensure delivery personnel’s compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel.

10 Rejection of Deliveries a Failure to provide required documentation upon delivery constitutes grounds for rejection of deliveries.

b Any load tested by Washington Aqueduct that fails to comply with these Specifications shall constitute grounds for rejection of that load.

c Washington Aqueduct reserves the right to reject any delivery that has been contaminated.

11 Condition of Delivery Vehicle a Chemical compatibility - Not applicable to offloading of Cationic Polymer.

b It is the Contractor’s responsibility to verify the cleanliness of the transporting equipment before loading.

The transporting equipment shall be clean and free of residue that may contaminate the product or impede the unloading process.

c All delivery vehicles used for the chemical delivery, under this agreement, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

d Washington Aqueduct reserves the right to refuse any deliveries made with equipment that is poorly maintained and/or leaking chemical. Any cargo trailer found leaking chemicals is considered an emergency situation requiring immediate attention by the Contractor and shall not be allowed to depart until the Contractor or his designated representative makes appropriate repairs.

12 Spillage a The Contractor shall immediately report any spills caused during the unloading operations to the operations control center of the Dalecarlia WTP 202-764-2700.

b The Contractor shall take immediate and appropriate actions to clean up any spill. The Contractor shall be responsible for all clean-up of spillage and contaminated matter in accordance with all applicable laws and regulations. The Contractor shall be responsible for any spills or hazardous chemical releases resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties.

c If a spill is not cleaned up, Washington Aqueduct may hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charged to the Contractor and deducted from the amount due to the Contractor.

13 Invoicing a Unit of measure for payment shall be: Each 275-gallon tote of Cationic Polymer 20% delivered FOB destination.

b The Contractor shall mail the original delivery invoices to:

USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005 Attn: EFT/Disbursing

And a copy to:

Washington Aqueduct

Attn: Support Management Services, Julie Coy

APPENDIX A

OUTLINE FOR LIMITED-SCOPE CONTRACTS

ACCIDENT PREVENTION PLAN

An Accident Prevention Plan (APP) is a safety and health policy and program document. Contractor’s APP shall address the identified hazards involved and the control measures to be taken. The APP shall interface with the employer’s overall safety and health program, and a copy shall be available on the work site.

The Contractor’s site-specific APP shall include the following.

1. Title, signature, and phone number of the plan preparer.

2. Background Information to include: Contractor; Contract number; Project name; Brief project description, description of work to be performed, and location.

3. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthful workplace for all employees.

4. Responsibilities and Lines of Authorities – to include a statement of the employer’s ultimate responsibility for the implementation of his SOH program and identification and accountability of personnel responsible for safety.

5. Training – All contract and sub-contract personnel shall have completed required safety training before coming on-site. Provide a list of required training. Provide certification of training for employees prior to arriving on-site.

6. Procedures for job site inspections - assignment of responsibilities and frequency.

7. Procedures for reporting and investigating any accidents as soon as possible but not more than 24 hours afterwards to the Contracting Officer/Representative (CO/COR). An accident that results in a fatal injury, permanent partial or permanent total disability shall be immediately reported to the Contracting Officer.

8. Emergency Planning: Identify plan for contract and sub-contract employees working alone to be provided with an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

9. Personal Protective Equipment: Identify personnel protective equipment to be provided.

(a) WORK CLOTHING - Minimum Requirements. Employees shall wear clothing suitable for the weather however minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If analysis determines that safety-toed (or other protective) footwear is necessary they shall be worn.

(b) Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed.

(c) Hearing Protection. Hearing protection must be worn by all those exposed to high noise activities.

(d) Head Protection. Hard hats shall comply with ANSI Z89.1and shall be worn by all workers when a head hazard exists.

(e) High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

(f) Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts, abrasions, punctures, burns and chemical irritants.

W912DR18Q0061

10. Hazardous Substances: A hazard communication program must be provided and in effect. MSDSs shall be available at the worksite. Employees shall have received training in hazardous substances being used. When the eyes or body of any person may be exposed to corrosives, irritants or toxic chemicals, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within 10 seconds of the worksite.

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section G - Contract Administration Data

CONTRACTING OFFICER AUTHORITY

"The primary Contracting Officer for this action is La Shura Johnson, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract.

Also, please note that any time the primary KO changes, it will be incorporated into the contract via unilateral modification to the contract."

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.219-14 Limitations On Subcontracting JAN 2017 52.222-26 Equal Opportunity SEP 2016 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 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 MAR 2015 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.233-1 Disputes MAY 2014 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items NOV 2017 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.217-7003 Changes DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2017)

DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

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

Factor 1 – Technical Capability Factor 2 – Past Performance Factor 3 – Price

Technical and Past Performance, when combined, are approximately equal to price.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

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

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

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

[List as necessary]

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

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

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

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

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

Other End Products:

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

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

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

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission…