EMERGENCY RESPONSE SERVICES
The Air Force Test Center, Installation Operational Contracting Division, Eglin AFB, FL intends to solicit and award a firm-fixed price (FFP) contract for emergency response services at Eglin AFB, Flo... The Air Force Test Center, Installation Operational Contracting Division, Eglin AFB, FL intends to solicit and award a firm-fixed price (FFP) contract for emergency response services at Eglin AFB, Florida. This is a combined synopsis/solicitation for commercial items prepared under Federal Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. All FAR references are based off of FAC 2019-01, Effective 20 December 2018. Set-Aside notice. Who Can Participate? This combined synopsis/solicitation is issued under Request for Quotation number FA2823-19-Q-4001. The North American Industry Classification System (NAICS) code for this acquisition is 562910 EXCEPTION 2, with a small business size standard of 750 employees. Please identify your business size in your response based on this standard. This solicitation is a TOTAL SMALL BUSINESS SET ASIDE acquisition, pursuant to FAR 19.5. PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-6 (ALT I) Restrictions on Subcontractor Sales to the Government. OCT 1995 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. JAN 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-22 Alternative Line Item Proposal. JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. OCT 2015 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. JUL 2013 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. NOV 2011 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. FEB 2016 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0013) APR 2018 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Notice of Total Small Business Set-Aside. NOV 2011 52.219-13 Notice of Set-Aside of Orders. NOV 2011 52.219-14 (DEV) Limitations on Subcontracting. (DEVIATION 2019-O0003) DEC 2018 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts MAY 2008 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases. JUN 2008 52.228-5 Insurance -- Work on a Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. JUL 2013 52.232-36 Payment by Third Party. MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions. OCT 2005 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. OCT 2016 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. OCT 2015 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. JAN 2018 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 252.225-7002 Qualifying Country Sources as Subcontractors. DEC 2017 252.225-7012 Preference for Certain Domestic Commodities. DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. JUN 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT ADDENDUM TO FAR 52.212-1 ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017) THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE INTO ANY RESULTANT CONTRACT. Relationship between 52.212-1, Instructions to Offerors and Basis for Award Your attention is directed to the functional relationship between FAR 52.212-1, Instructions to Offerors - Commercial Items and the Basis for Award. FAR 52.212-1 provides information for the purpose of organizing and submitting an offer and is not intended to be all-inclusive. The Basis for Award describes evaluation factors and the basis of award, to include the evaluation procedures for responsiveness to the solicitation, ranking of price, and evaluation of non-price factors. QUOTES THAT DO NOT CONTAIN THE INFORMATION REQUESTED BY THIS PROVISION RISK ELIMINATION. OFFEROR PREPARATION INSTRUCTIONS A. GENERAL 1) Electronic Reference Documents. All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation. 2) Who Can Participate? This requirement is being solicited as a 100% small business set aside under the NAICS code 562910 exception 2(two). Large business offers will not be considered. 3) System for Award Management (SAM): Paragraph (k) of 52.212-1 is revised as follows: By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to the date and time established for receipt of offers, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. 4) Adherence to Instructions: The offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including but not limited to the terms and conditions, representations and certifications, and pricing. Failure to meet a requirement may render an offer being rejected and result in the offer being ineligible for award. 5) Period of Acceptance of offers: Paragraph 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of Offers." 6) Questions/Inquiries: The contracting officer and contract specialist listed below is the Government's sole points of contact for this acquisition. All questions, request for clarifications and/or information concerning this solicitation shall be received in writing by email to the following email addresses no later than 10:00AM Central Time on Wednesday, February 13, 2019. The decision whether to respond to questions and requests for clarification made after 10:00AM Central Time on Wednesday, February 13, 2019, will be at the sole discretion of the Contracting Officer. Questions received timely and subsequent answers will be posted to www.fbo.gov as an Amendment to the solicitation. Offerors are responsible for monitoring www.fbo.gov for updates. If no questions are submitted, the Government will assume that the offeror fully understands all requirements of the solicitation. Emails must be received by: Contracting Officer: Nathan McMillen, nathan.mcmillen@us.af.mil and Contract Specialist: Tianna Seaman, tianna.seaman@us.af.mil. 7) In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful offers. 8) Offeror Preparation Instructions- This section of the instructions to offerors prescribes the format of the offer. Respondents are required to thoroughly read the Performance Work Statement and submit documentation in accordance with this solicitation. Offerors shall submit a clear and complete offer, and include only information that is relevant to this acquisition. Complete price listing and submit the quotes by the closing date. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offer. Offeror's are reminded that FAILURE TO SUBMIT AN OFFER IN THE FORMAT PRESCRIBED MAY RENDER AN OFFER NON-RESPONSIVE AND RESULT IN BEING INELIGIBLE FOR AWARD. a) Offer Submission/Delivery. Electronic Submissions are required and shall be received via email by Tianna Seaman, tianna.seaman@us.af.mil, Contracting Specialist and Nathan McMillen, nathan.mcmillen@us.af.mil, Contracting Officer not later than (Friday, March 1, 2019 at 10:00AM, Central Time). b) Offer Format: All files submitted in response to this solicitation shall be submitted as a Microsoft Word (.doc) or Adobe PDF (.pdf) file Microsoft Excel (.xls) file as applicable. Electronic Submission is required. c) Email Format: The subject line of all emails that comprise the offer shall be formatted as follows: Subject: FA2823-19-Q-4001/Company Name/Email X of X (insert number of the email and total number of emails). d) File Size. Individual emails shall not exceed 4MB in size. Offerors shall submit multiple emails as necessary to stay under the 4MB limit. Failure to stay under this limit may cause a rejection of the email. e) File Naming. Individual file names shall be named 1. Vol 1_Company Name_ Technical Quote _FA2823-19-Q-4001_File X of X 2. Vol 2_Company Name_ General/Price Quote _FA2823-19-Q-4001__File X of X f) Page Numbering. Page Numbering and Markings. Pages must be numbered sequentially and consecutively. Include: RFQ number and page number in the margin on the upper right of all pages. Company name and proprietary information notices must be placed on top and/or bottom margins. g) Specific Instructions. Offers shall consist of two separate documents as follows: Volume I - Cover Letter/Technical Quote: (1) Cover letter shall include solicitation number, Offeror's company, primary and alternate points of contact with email/phone and who is authorized to contractually obligate the company, CAGE code, DUNS number, a statement that the company understand the requirements specified and will meet the performance standards and requirements therein, a statement that the company does or does not take exception to any of the requirements of this solicitation and resultant contract. (2) Representations/Certifications. Completion of the necessary fill-ins, representations and certifications as set forth in the solicitation. Offerors completing Representations and Certifications in the System for Award Management (SAM) must complete both the applicable FAR and DFARS Representations and Certifications. (3) Remittance Address. Remittance Address, if different from offeror's address. (5) Amendment Acknowledgement. The Government reserves the right to revise or amend the solicitation and attachments prior to the quote closing time. Such amendments will be communicated and posted to the Federal Business Opportunities website (www.FBO.gov). If such amendments require material changes in quantities or prices, the quote closing date may be postponed by enough days to enable offerors to revise their offers. In such cases, the amendment will include an announcement of the new closing date and time. Offerors MUST acknowledge all amendments issued. Sign, acknowledge, and submit the original amendment for all amendments issued with the Offer. Volume 2- Price Quote 1. Offerors shall complete the attached Government provided Microsoft Excel (.xlsx) spreadsheet formatted bid schedule, Attachment 3. The bid schedule includes price elements indicative of what will be solicited at the task order level and will become a part of the resultant contract. The offeror shall provide a Firm-Fixed-Price (FFP) for all items listed on the provided bid schedule. Any offer that fails to provide a price for each item's unit price and amount, or fails to make an entry that indicates service will be provided at no charge may be rejected and ineligible for award. The offeror's price(s) shall include all management, personnel, tools, supplies, equipment, transportation, material, facilities, profit, overhead, and other resources required to meet the Government requirements in the Performance Work Statement (PWS), dated 10 December 2018. Only FFP offers will be evaluated. An offer including a price based on any contingency will not be accepted. An offeror must list their prices according to the unit of measure listed for each item, changing a unit of measure may be rejected as nonconforming to this solicitation. This contract will have a one (1) year base ordering period with four (4) one year options. The pricing provided in this attachment will be used as a basis for task order pricing for the entire five (5) year ordering period. The Offeror's submitted unit prices are Firm Fixed Prices in which the contractor will not be able to exceed at the task order level. Upon award of this contract, the Offeror's pricing for the current year will be applicable to task orders solicited within the same year. The current year's pricing will expire 12 months following contract award and the following year's pricing will then take effect. The period of performance for each year's pricing will be indicated at Contract Award. The offeror's Total Proposed Price will be evaluated for award purposes. To determine Total Proposed Price, each line item 'Item Cost' (the product of the offeror's proposed Unit Cost multiplied by the government-supplied estimated quantity as listed on the Pricing Schedule) will be added together to provide a total for the Base Period and each Option Period. The totals for each Period will then be added together to identify each offeror's Total Proposed Price. All five Periods will be considered in determining the offeror's total evaluated price. OPTIONS: Evaluation of options shall not obligate the Government to exercise the option(s). FAR Clause 52.217-8, Option to Extend Services is included in this solicitation. This option may be exercised prior to the end of any specified period of performance for the base year or option years. This clause specifies that the Government may require continued performance of any services within the limits and at the rates specified in the contract. As such, if the option is exercised, the awarded offeror's prices for this option period(s)will be considered evaluated (and reasonable by virtue of award) as a result of the price evaluation specified in the solicitation; the prices under this clause will remain the same as the prices for the period of performance during which the clause was exercised. Attachment 3, Bid Schedule includes tabs for each of the five (5) 1-year ordering periods this contract will span. Offerors shall complete the Unit Prices for each price element for each ordering period. The Offeror's total evaluated price will be the sum of their five (5) 1-year ordering periods. (7) Discrepancies. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussion. (8) Exceptions to Terms and Conditions. Offerors shall identify and explain any exception, deviation, or assumption to the solicitation terms and conditions and provide accompanying rationale. (End of Provision) BASIS FOR AWARD BASIS FOR AWARD EVALUATION FACTORS FOR AWARD 1. BASIS FOR CONTRACT AWARD Pursuant to FAR 13.106-1(a)(2) the Government's basis for award is based on the offeror's technical capabilities and price. Award will be made to the responsible Offeror whose quote conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described below. The Government intends to award without discussions, therefore each initial offer should contain the Offeror's best terms. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Evaluation Factors. The relative importance of each factor is as follows: Technical Capabilities and Price are of equal importance. •2. NUMBER OF CONTRACTS TO BE AWARDED The Government intends to award one (1) Firm-Fixed-Price Indefinite Delivery Contract (IDC) Requirements contract. •3. EVALUATION FACTORS •A. A detailed and complete analysis of each Offeror's quote will be performed. The Government's evaluation will be based on the following factors and subfactors: •· Factor 1: Technical •o Sub factor 1: Certifications and Qualifications •o Sub factor 2: Insurance •· Factor 2: Price •o Sub factor 1: Completeness •o Sub factor 2: Reasonableness •B. Quote Evaluation: The evaluation process will be accomplished as follows: Each Offeror's quote shall be evaluated based on the factors/subfactors below, to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Emergency Response Services Performance Work Statement (PWS) and its attachments, and demonstrates a thorough knowledge and understanding of those requirements and their associated risks. The technical quote must address the following subfactor in sufficient detail. FACTOR 1 - TECHNICAL: Sub factor 1: Certifications and Qualifications: The quote will be evaluated and rated to determine if the Offeror has obtained the following certifications for the organization and key personnel eg. Project Manager, Site Supervisor. The offeror may redact the key personnel names and any personal information from the certifications submitted. The following certificates must be submitted with the quote: •· Oil Spill Response Organization (OSRO) Certification for District 8 Sector Mobile. The OSRO Certification SHALL reference the offeror's ability to respond to Inland, rivers and canals for Facilities at the following tiers: WCD1, WCD2, WCD3, and MMPD. (ORGANIZATIONAL CLASSIFICATION SHALL BE PROVIDED) •· Hazardous Waste Operations and Emergency Response Incident Command Level Certification. Level 5 IAW 29 CFR 1910.120 (PERSONNEL CERTIFICATE SHALL BE PROVIDED) •· ICS-700 NIMS An Introduction Certification (PERSONNEL CERTIFICATE SHALL BE PROVIDED) Sub factor 2: Insurance: The quote will be evaluated to determine if the offeror has met the required minimum insurance requirements in accordance with the performance work statement, dated 10 December 2018. The following insurances certificates must be submitted with the quote: •· Workman's Compensation Insurance (or its equivalent) •· General Liability •• Bodily injury of not less than $500,000 per occurrence •• Property damage of not less than $1,000,000 per occurrence •· Automobile Liability •• Bodily injury of not less than $200,000 per person and $500,000 per occurrence •• Property damage of not less than $20,000 per occurrence Technical Rating: The Offeror's technical rating will be based on the submission and receipt of the above requested certifications and qualifications defined in Technical Factor 1; subfactor 1 and subfactor 2. A rating of acceptable will be assigned to a quote if the offeror provides the requested certifications and qualifications for the company and key personnel. If the offeror fails to provide even one of the requested certificates or qualifications requested the quote will be assigned an unacceptable rating for the technical quote. The Government will assign the adjectival rating with the description that best corresponds to the Government's evaluation. Adjectival Rating Description Acceptable For a quote to be determined acceptable both subfactor 1 and subfactor 2 must be assigned an acceptable rating. Subfactor 1- Quote meets the requirements detailed in technical subfactor 1. Subfactor 2- Quote meets the requirements detailed in technical subfactor 2. The offeror has provided the requested insurance information which clearly states the type of insurances possessed and the cooresponding liability limits. Unacceptable If a quote does not meet all requirements of subfactor 1 and subfactor 2 the entire technical factor will receive an unacceptable rating and therefore is unawardable. Subfactor 1- Quote does not meet the requested qualifications and specifications, and thus, contains one or more deficiencies. The subfactor shall receive an unacceptable rating. Subfactor 2- Quotes that do not meet the detailed technical information listed in technical subfactor 2. If the insurance information provided does not meet the insurance type and minimium liability limits requested, the offer will receive an unacceptable rating. FACTOR 2 - PRICE: •A. Price will be reviewed and evaluated based on the bid schedule provided under attachment 3. The Offeror's Price quote will be evaluated on a Total Evaluated Price (TEP) basis. The Offeror must submit a price for each item listed on the bid schedule and the price shall be listed according to the unit of measure provided on the bid schedule in order to be considered acceptable. The basic year and option years one (1) through four (4) will be added together to calculate the Offeror's TEP. Once the offerors total evaluated price has been determined, the lowest overall offer will be reviewed to determine if the offer is complete and reasonable. If the lowest price at this point cannot be determined complete or reasonable the next lowest offer will be evaluated until an offer can be determined both complete and reasonable. * Completeness. This element is met when the respondent's prices are determined complete in accordance with the solicitation instructions. **Reasonableness: Normally, price reasonableness is established through adequate price competition, but may also be determined using one or more of the techniques defined in FAR 13.106-3(a)(2). ***Unbalanced pricing: Offeror's price quotes will be evaluated to determine if unbalanced pricing exists. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by application of cost or price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (End of Provision) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management via https://www.sam.gov (see 52.204-7). (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014) The offeror shall complete only paragraphs (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. "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 autho...
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