W912L6-20-R-0008.pdf

SEE ADDENDUM

(No Collect Calls)

W912L620R0008 20-Feb-2020

b. TELEPHONE NUMBER

(405) 228-5168

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Mar 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912L69. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RENEE TAYLOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO OK PURCHASING & CONTRACTING

3501 MILITARY CIRCLE

OKLAHOMA CITY OK 7111-4398

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W911JN 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FT CHAFFEE

FT CHAFFEE

FT CHAFFEE AR OK 72905

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

561210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF42

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912L620R0008

Section SF 1449 - CONTINUATION SHEET

TECHNICAL EVALUATION

A Firm Fixed-Price contract will be awarded based on the Lowest Price Technically Acceptable (LTPA). It is the Governments intent to award a single contract, but reserves the right to award multiple contracts for this requirement.

Questions/RFI’s are to be submitted by 2:00 P.M. CST on March 5, 2020.

OFFEROR’S ARE REQUIRED TO SUBMIT THE BELOW TECHNICAL RESPONSE SEPARATE FROM

THE PRICING.

The Offerors proposal will be technically evaluated provided the Offeror submits with their proposal a written plan that describes/addresses the following questions:

a. Does the cleaning schedule meet the requirements listed at Paragraphs 5.1.2 through 5.1.5 in accordance with the

PWS?

b. Will the Offeror be able to survey the sites, as stated in Paragraph 5.1.1.3 in accordance with the PWS?

c. Will the Offeror be able to move equipment as listed in Paragraphs 5.1.6, 5.3.2, and 5.4.4 in accordance with the

PWS?

d. Will the proposed amount of portable latrines reasonably meet the requirement listed in Paragraph 5.1.1 in accordance with the PWS?

e. Does the proposal provide sufficient manning and equipment for the on-site team at Fort Chaffee, AR in accordance with the PWS?

f. Does the Offeror allocate enough personnel/equipment to meet requirements listed in Paragraph 5.1.6 in accordance with the PWS?

If the Offeror does not provide a written technical plan, the Offeror will be deemed non-responsive and will not be considered for award.

PERFORMANCE WORK STATEMENT

Portable Latrines, Hand Washing Stations, Packaged Ice, Roll-Off Dumpsters, and Refrigeration Trailer Services

1.0 General:

1.1 Scope: The Contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Portable Latrines, Hand Washing Stations, Packaged Ice, Roll-Off Dumpsters and Refrigeration Trailer Services, as defined in this PWS.

1.2 Background: The Oklahoma Army National Guard (OKARNG) has a requirement for portable latrines, hand washing stations, packaged ice, roll-off dumpsters and refrigeration trailers with 24 hour access and support located at Fort Chaffee Arkansas.

1.3 Period of Performance (PoP): The PoP shall be from May 20, 2020, through June 10, 2020.

1.4 General Information:

1.4.1 Quality Control (QC): The Contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the Contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 5 days after contract award. After acceptance of the QCP, the Contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.2 Quality Assurance (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays taking place during the PoP. The Contractor shall perform services on these days.

1.4.3.1 Memorial Day: Monday, May 25th

1.4.4 Place and Performance of Services: The Contractor shall provide services 24 hours a day for the entirety of the PoP except when the Government installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings.

Performance shall be at Fort Chaffee, AR. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. The Contractor may not be compensated for unexpected closures or delays. Vehicles operated by Contractor personnel are subject to search pursuant to applicable regulations. All vehicles must be driven by an appropriately licensed individual per state licensing requirements and vehicle will have proof of insurance appropriate to state insurance requirements. Any moving violation of any applicable motor vehicle regulation may result in the termination of that person’s installation driving privileges.

1.4.4.3 The Contractor’s employees shall become familiar with and obey the regulations of the installation; including but not limited to fire, traffic, safety and security regulations while on the installation.

Contractor employees shall only enter restricted areas when required to do so and only upon prior approval. All Contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The Contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of Contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.5 Security Requirements. The Contractor shall comply with all applicable installation/facility access and local security policies and procedures, which will be furnished upon request. The Contractor and all associated sub-Contractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The Contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in Contractor security matters or processes.

1.4.5.1 Contractor and all associated sub-Contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.2 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the Contractor is advised that any time Contractor personnel place or receive a call they are subject to COMSEC procedures. The Contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information.

The Contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6 Physical Security. The Contractor shall safeguard all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Lock Combinations: The Contractor shall establish and implement methods of ensuring that no lock combinations are revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

1.4.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contactor’s performance. At these meetings, the KO will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced. The Contractor shall resolve outstanding issues raised by the Government.

Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the Contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services.

The CM shall ensure that Contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure Contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the Contractor.

1.4.9 Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the PoP of the contract; procure commercial sex acts during the PoP of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The Contractor shall take appropriate action, up to and including termination, against employees or sub-Contractors that violate the US Government policy as described at

FAR 22.17.

1.4.10 Organizational Conflicts of Interest (OCI): The Contractor and sub-Contractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor Contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Sub-Contractor: One that enters into a contract with a prime Contractor. The Government does not have privy with the Primary Contractor’s sub-Contractor(s).

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation

AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager CMRA Contractor Manpower Reporting Application COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: None.

3.2 Materials: None.

3.3 Equipment: None.

3.4 Services: None.

3.5 Utilities:

3.5.1 Potable and Non-potable Water: Refill may be available to the Contractor through coordination with the COR.

3.5.2 Waste Disposal: The water treatment plant at Fort Chaffee may be available to the Contractor through coordination with the COR. Contractor will be responsible for discharge hoses of sufficient length to release waste water into the water treatment plant site being utilized.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the Contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The Contractor shall:

5.1 Portable Latrines and Hand Washing Stations:

5.1.1 Provide and place enough self-contained portable latrines and hand washing stations to support 3500 personnel in a field environment with 24 hour accessibility at Fort Chaffee, AR. Placement and quantity will be approved by OKARNG.

5.1.1.1 Place all portable latrines and hand washing stations no later than 20 May 2020.

5.1.1.2 Contractor will be provided grid coordinate locations from the COR no later than 20 days prior to placement.

5.1.1.3 Contractor will survey the placement sites, in person at Fort Chaffee with the COR and BDE S4 prior to placement. This needs to be coordinated, scheduled and conducted with the COR no later than two weeks prior to placement.

5.1.2 Keep all portable latrines and handwashing stations stocked with all goods and products necessary for their use for the entirety of the PoP.

5.1.3 Maintain all portable latrines and handwashing stations in a sanitary and fully operable condition.

5.1.4 Provide periodic cleaning of the portable latrines and handwashing stations to maintain a clean appearance; free of dirt, trash, and debris for the entire PoP.

5.1.5 Provide periodic dumping and refilling of the portable latrines and hand washing stations to maintain them in a sanitary and usable condition in accordance with the QASP.

5.1.5.1 Dispose of all waste water into approved water treatment plant at Fort Chaffee or at another appropriate facility.

5.1.6 Provide an on-site team at Ft. Chaffee for the entire PoP with the ability to move, service, and assist the unit with all portable latrines and handwashing stations.

5.1.6.1 This team will be available for use on-site 24/7.

5.1.6.2 The Contractor is responsible for providing all food, water, incidentals, lodging, equipment and any items the team may need to perform the tasks of servicing and moving the portable latrines and hand washing stations.

5.1.7 Only move the portable latrines and/or handwashing stations with approval of the COR.

5.2 Packaged Ice:

5.2.1 Provide and deliver 400,000 pounds of packaged ice to Fort Chaffee, AR.

5.2.1.1 Deliveries will be every other day starting after the first delivery with a total of ten deliveries of 40,000 pounds of ice.

5.2.1.2 Contractor will be provided final schedule for delivery no later than 30 days prior to the first delivery.

5.2.2 Transfer ice from their container into the cold storage or refrigeration trailer determined by the COR.

5.2.3 Notify COR immediately of any delays or issues with any delivery.

5.3 Roll-off Dumpsters:

5.3.1 Provide and place seven 30 yard roll-off dumpsters to Fort Chaffee, AR with 24/7 access and use through the entirety of the PoP.

5.3.2 Provide the ability to move and/or dump the 30 yard roll-off dumpster within 8 hours of request.

5.3.3 Only relocate the roll-off dumpsters with approval of the COR.

5.3.4 Maintain the roll-off dumpsters in a fully operable condition for the entirety of the PoP.

5.4 Refrigeration Trailer:

5.4.1 Provide and place three 53 foot refrigeration trailers with 24/7 access and use throughout the entirety of the PoP.

5.4.1.1 Deliver the refrigeration trailers with a full tank of fuel.

5.4.2 The Contractor will be responsible for managing the upkeep of the refrigerated trailers during the entire PoP for this event at Fort Chaffee, AR. This includes the level of fuel to ensure the refrigerated trailers are maintained at its required refrigerated temperature for this requirement and all other maintenance required for full operation of the refrigerated trailers. The Oklahoma Army National Guard will be responsible for purchase and provide to the Contractor when needing to replenish the fuel in the refrigerated trailers. This task will be coordinated with and through the COR. None of the OKARNG members are to be trained to maintain, monitor, or service of any sort on these refrigerated trailers.

5.4.3 Maintain the refrigeration trailer in a fully operable condition for the entirety of the PoP.

5.4.4 Provide the ability to move the refrigeration trailer within 8 hours of request.

5.4.4.1 Request will only be made by the COR.

5.5 Contractor Manpower Reporting Application (CMRA):

5.5.1 The Contractor shall report ALL Contractor labor hours (including sub-Contractor labor hours) required for performance of services provided under this contract for the National Guard Bureau OKARNG via a secure data collection site.

5.5.2 The Contractor shall completely fill in all required data fields using the following web address:

http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the PoP during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at http://www.ecmra.mil.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=bro wsefar or http://farsite.hill.af.mil/

Defense Federal Acquisition Regulation

Supplement http://www.acq.osd.mil/dpap/dars/d farspgi/current/index.html or http://farsite.hill.af.mil/ DoDM 1000.13-M-V1 DoD Identification (ID)

Cards (Enclosure 2, paragraph

3.b)

01/23/2014 http://www.esd.whs.mil/Directives/i ssuances/dodm/

Federal Information Processing Standards

(FIPS) Publication 201-2 Personal Identity

Verification (PIV) of Federal Employees and

Contractors (paragraph 9)

August 2013 http://nvlpubs.nist.gov/nistpubs/FIP S/NIST.FIPS.201-2.pdf

DoDM 5200.2 Regulation 5200.02

Procedures for the DoD Personnel Security

Program (PSP)

04/03/2017 http://www.dtic.mil/whs/directives/c orres/pub1.html

Army Directive 2014-05 Policy and

Implementation Procedures for Common

Access Card Credentialing and

Installation Access for Uncleared Contractors

03/07/2014 http://www.apd.army.mil/ProductM aps/PubForm/ArmyDir.aspx

AR 190-13

The Army Physical Security Program

02/25/2011 http://www.apd.army.mil/ProductM aps/PubForm/AR.aspx

Homeland Security Presidential Directive

(HSPD)-12

Policy for a Common

Identification Standard for Federal Employees and Contractors

08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDD 5400.11 Department of Defense

Privacy Program

10/29/2014 http://www.dtic.mil/whs/directives/c orres/dir.html#

DoD 5400.11-R

Department of Defense Privacy Program

05/14/2007 http://www.dtic.mil/whs/directives/c orres/pub1.html

DoDD 8140.01

Cyberspace Workforce Management

08/11/2015 OK http://www.dtic.mil/whs/directives/c orres/dir.html

DoD 8570.01-M

Information Assurance Workforce Improvement

Program

12/19/2005 (Change 4:

11/10/2015)

OK http://www.dtic.mil/whs/directives/c orres/pub1.html

AR 25-2

Information Assurance

10/24/2007 OK http://armypubs.army.mil/ProductM aps/PubForm/AR.aspx

AR 530-1

Operations Security

09/26/2014 OK http://armypubs.army.mil/ProductM aps/PubForm/AR.aspx

DoD 5220.22-M National Industrial Security Program Operating Manual

02/28/2006 (Change 2:

05/18/2016)

OK http://www.dtic.mil/whs/directives/c orres/pub1.html

AR 381-12

Threat Awareness and

Reporting Program

(TARP)

(Section II, ¶ 2-4.b)

06/01/2016 OK http://armypubs.army.mil/ProductM aps/PubForm/AR.aspx

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 1172-2

Application for Identification Card/DEERS Enrollment

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I-9 Employment Eligibility

Verification

11/14/16 https://www.uscis.gov/sites/default/files/files/form/i- 9.pdf

DD 441

Department of Defense Security Agreement

Jan 2017 http://www.dtic.mil/whs/directives/forms/dd/ddforms 0001-0499.htm

DD 250

Material Inspection and

Receiving Report

Aug 2000 http://dtic.mil/whs/directives/forms/dd/ddforms0001- 0499.htm

TECHNICAL EXHIBIT 1

Quality Surveillance Assurance Plan (QASP)

This QASP includes performance objectives the Government will use to determine Contractor performance and will compare Contractor performance to the Acceptable Quality Level (AQL).

Performance Objective

Performance Standard Acceptable Quality Levels

(AQL)

Surveillance Method / By Whom

5.1 Portable Latrines and

Handwashing Stations

Keep all portable latrines and handwashing stations stocked with all items, good and products necessary for their use for the entirety of the

PoP.

Meets the standard 95% of the time.

Periodic Inspection /

COR

5.1 Portable Latrines and

Handwashing Stations

Provide periodic cleaning of the portable latrines and handwashing stations to maintain a clean appearance free of dirt, trash or debris for the entirety of the

PoP.

Meets the standard 95% of the time.

Periodic Inspection /

COR

5.1 Portable Latrines and

Handwashing Stations

Provide periodic dumping and refilling of the portable latrines and hand washing stations to maintain them in a sanitary and usable condition

Meets the standard 95% of the time.

Periodic Inspection /

COR

5.2 Packaged Ice Deliveries will be every

other day starting after the first delivery with a total of ten deliveries of 40,000 pounds of ice.

Delivers made on schedule with the correct amount of ice

90% of the time.

Random Monitoring /

COR

5.3 Roll-off

Dumpsters

Provide the ability to move and/or dump the

30 yard roll-off dumpster within 24 hours of request.

Request fulfilled within the 24 hour time frame 90% of the time.

Random Monitoring /

COR

5.4 Refrigeration

Trailer

Maintain the refrigeration trailer in a fully operable condition for the entirety of the PoP.

Refrigeration Trailer fails to function properly and is immediately fixed/repaired/r eplaced.

Periodic Inspection /

COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS

Reference / Deliverable

Title

Frequency Number of Copies

Medium/Format Submit To

1.4.1 Quality

Control Plan

(QCP)

Provide NLT 5 days after contract award.

1 Electronic Submission

KO

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Portable Latrines

FFP

The Contractor shall provide all personnel, equipment, tools, material, incidentals, supervision, and quality control to provide and place self-contained portable latrines and hand washing stations to support 3500 personnel in a field environment with 24-hour accessibility at Fort Chaffee, AR. See the Performance Work Statement for more information.

FOB: Destination

PSC CD: M1PZ

NET AMT

0002 1 Job Hand Wash Stations

FFP

The Contractor shall provide all personnel, equipment, tools, material, incidentals, supervision, and quality control to provide and place self-contained portable latrines and hand washing stations to support 3500 personnel in a field environment with 24-hour accessibility at Fort Chaffee, AR. See the Performance Work Statement for more information.

0003 1 Job On-Site Services Manager

FFP

The Contractor is responsible for providing a Primary and an Alternate On-Site Services Manager to manage the contractor's personnel, equipment, tools, material, incidentals, and quality control to provide to the Oklahoma Army National Guard during the training at Fort Chaffee, AR. See the Performance Work Statement for more information.

0004 1 Job Roll Off Dumpsters

FFP

The Contractor shall provide all personnel, equipment, tools, material, incidentals, supervision, and quality control to provide and place seven (7), 30 yard Roll-Off Dumpsters to Fort Chaffee, AR with 24 hour - 7 day access and use for the duration of the training period. See the Performance Work Statement for more information.

0005 1 Job Refrigeration Trailers

FFP

The Contractor shall provide all personnel, equipment, tools, material, incidentals, supervision, and quality control to provide and place three (3), 53-foot Regrigeration Trailers with 24 hour - 7day access and shall maintain the upkeep of these trailers for the duration of the training period at Fort Chaffee, AR. The OKARNG is NOT responsible for managing the fuel or any other maintenace or daily operation on these trailers. See the Performance Work Statement for more information.

0006 1 Job Packaged Ice, 20 Pound Bags

FFP

The Contractor shall provide all personnel, equipment, tools, material, incidentals, supervision, and quality control to provide and deliver 400,000 pounds of packaged Ice to Fort Chaffee, AR. See the Performance Work Statement for more information.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-MAY-2020 TO

10-JUN-2020

N/A FT CHAFFEE

FT CHAFFEE

FT CHAFFEE AR OK 72905

W911JN

0002 POP 20-MAY-2020 TO

10-JUN-2020

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 20-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 20-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 20-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 20-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JAN 2020

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-12 Contract Termination-Debarment MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.224-3 Alt I Privacy Training (JAN 2017) -Alternate I JAN 2017 52.225-1 Buy American--Supplies MAY 2014 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.245-1 Government Property JAN 2017 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7004 Area of Performance DEC 1991 252.237-7005 Performance and Delivery DEC 1991 252.237-7006 Subcontracting DEC 1991 252.237-7007 Termination for Default DEC 1991 252.237-7009 Permits DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

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

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“…