Combined Synopsis Solicitation PR20061969 El Centro Hwy 111.pdf

Combined Synopsis/Solicitation PR20061969

This is a combined synopsis/solicitation for construction prepared in accordance with the format in FAR Subpart 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53 (effective Aug 04, 2011).

This requirement is being procured as a total small business set-aside under NAICS code 238210, Electrical Contractors and Other Wiring Installation Contractors. Size standard for this NAICS is $14M/year.

If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions included herein. The Quote due date is no later than 2:00 pm Eastern Daylight Time (EDT), September 6, 2011. Submission shall be via email to the contract specialist listed in quotation submission section below. It is the vendor’s responsibility to read the RFQ and all related documents carefully and completely, and to ensure the Government receives the quote submission on or before the date/time specified.

If you have questions regarding this requirement, please submit your inquiries via email to john.crockett@dhs.gov no later than COB 8/30/11. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective participants.

PERIOD OF PERFORMANCE

90 days after Notice to Proceed

QUOTATION SUBMISSION REQUIREMENTS:

The quote shall be submitted as an electronic copy of the quotation via email to john.crockett@dhs.gov no later than (NLT) 2:00 pm EDT, September 6, 2011.

All quotations shall include:

(A) Cover Sheet:

A. Tax Identification Number (TIN) B. Dun & Bradstreet Number (DUNS) C. CAGE Code D. North American Industrial Classification System (NAICS) (Please note: If your CCR does not include NAICS code 238210, but you are qualified for it, and meet the small business size standards, you should consider adding it to CCR as evaluation for award will give preference to vendors who show this qualified in their CCR.

E. Contact Name F. Contact Email Address G. Contact Phone Number H. Contact Fax Number I. Complete Business Mailing Address

Please ensure that your firm is registered in CCR (http://www.ccr.gov).

Registration must be current.

(B) Technical Quotation:

The offeror shall submit a technical quotation outlining the:

(1) Overall technical approach to include a draft schedule with dates the contractor plans on performing work;

(2) A list of proposed equipment and materials to be used for this project.

(3) In addition, the offeror shall provide documentation showing appropriate certifications and licensing necessary to perform the effort.

A review of the technical quotation will be conducted for acceptability.

(C) Price Quotation:

The offeror shall submit a firm fixed price. The pricing shall be broken down to detail Labor, Purchased Materials for install, Other Material, Subcontractor Quotes, Overhead, and Profit.

NOTE: THE GOVERNMENT WILL NOT COMPENSATE THE OFFEROR FOR ANY QUOTATION

DEVELOPMENT COSTS RELATED TO THIS SOLICITATION.

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

Offerors must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of the SOW. If not noted in this section of your quotation, it will be assumed that the Offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein.

BASIS FOR AWARD

The Government will award a purchase order resulting from this combined synopsis/solicitation to the lowest priced technically acceptable vendor. Technical acceptability will be determined by the government after reviewing the offeror’s technical quotation.

Instructions, Conditions and Notices to Offerors and Respondents

52.216 - 1 - Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.236-27 - Site Visit (Construction) (Feb 1995)

a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, the offeror is urged and expected to inspect the site where the work will be performed.

(b) A Site Visit is scheduled for:

August 29, 2011, 10:00 AM PT

EL CENTRO BORDER PATROL

Checkpoint 111 10 miles Northwest of NILAND, CA 92257 POC: Hiram Johnson,

949.425.4813 office

949.929.5612 cell Hiram.Johnson@dhs.gov

Note: Please send an email to the POCs listed above, as well as john.crockett@dhs.gov to indicate your intention to attend the site visit. Please include the complete listing of names from your group who will be attending.

Note: Any information provided at the site visit that conflicts with this solicitation is null and void unless the information is amended into the Solicitation. The contractor will submit any questions, comments or conflicts from the Site Visit or Solicitation to the Contract Specialist.

52.225-10 Notice of Buy American Act Requirement--Construction Materials (May 2002)

(a) Definitions. “Construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs

(c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

PURCHASE ORDER MANAGEMENT

Notwithstanding the Contractor's responsibility for total management during the performance of this purchase order, the administration of the purchase order will require maximum coordination between the Government and the Contractor.

The Contractor is advised that only the Contracting Officer can change or modify the purchase order terms or take any other action which obligates the Government. No changes to the statement of work, purchase order terms or conditions are authorized without a written modification to the purchase order executed by the Contracting Officer.

Contractors who rely on direction from other than the Contracting Officer do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the contract specialist, John Crockett via email (john.crockett@dhs.gov) or via phone (317-614-4969).

STATEMENT OF WORK:

a. See attachment #1 “PR20061969, Purchase and Installation of Emergency Back-up Generator for the Checkpoint 111 El Centro, CA.”

b. Cost Range: $25,000 - $100,000.00

DAVIS BACON WAGE DETERMINATION

The Davis Bacon Act Wage Determinations (WD) below is applicable to this requirement. The complete WD can be accessed via the websites below:

General Decision Number: CA100002 08/05/2011 CA2 http://www.wdol.gov/wdol/scafiles/davisbacon/CA2.dvb

INSPECTION AND ACCEPTANCE TERMS

52.246-12 – Inspection of Construction (AUG 1996)

Supplies/construction will be inspected/accepted at:

Line Item # INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 00010 Destination Government Destination Government

CONTRACT ADMINISTRATION

1. Government Points of Contact:

Contracting Officer’s Technical Representative Hiram Johnson

(949) 425-4813

Contract Specialist John Crockett (317)614-4969

2. Invoicing and Payment Requirements:

Please email invoices to cbpinvoices@dhs.gov and to Hiram.johnson@dhs.gov, and to John.crockett@dhs.gov.

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far/ https://dhsonline.dhs.gov/portal/jhtml/dc/sf.jhtml?doid=111686

52.204-7 - Central Contractor Registration (Oct 2003) 52.204-9 - Personal Identity Verification of Contractor Personnel (Sep 2007) 52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) 52.222-1 - Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 - Convict Labor (June 2003) 52.222-6 - Davis-Bacon Act (Jul 2005) 52.222-7 - Withholding of Funds (Feb 1988) 52.222-8 - Payrolls and Basic Records (Feb 1988) 52.222-9 - Apprentices and Trainees (Jul 2005) 52.222-10 - Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 - Subcontracts (Labor Standards) (Jul 2005) 52.222-12 - Contract Termination -- Debarment (Feb 1988)

52.222-13 - Compliance with Davis-Bacon and Related Act Regulations (Feb 1988) 52.222-14 - Disputes Concerning Labor Standards (Feb 1988) 52.222-15 - Certification of Eligibility (Feb 1988) 52.222-21 - Prohibition of Segregated Facilities (Feb 1999) 52.222-23 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.222-26 - Equal Opportunity (Mar 2007) 52.222-27 - Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.222-36 - Affirmative Action for Workers With Disabilities (Jun 1998) 52.223-3 - Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-5 - Pollution Prevention and Right-to-Know Information (Aug 2003) 52.223-11 - Ozone-Depleting Substances (May 2001) 52.228-2 - Additional Bond Security (Oct 1997) 52.228-5 - Insurance -- Work on a Government Installation (Jan 1997) 52.228-11 - Pledges of Assets (Feb 1992) 52.228-12 - Prospective Subcontractor Requests for Bonds (Oct 1995) 52.228-14 - Irrevocable Letter of Credit (Dec 1999) 52.229-3 - Federal, State, and Local Taxes (Apr 2003) 52.232-23 - Assignment of Claims (Jan 1986) 52.232-27 - Prompt Payment for Construction Contracts (Oct 2003) 52.233-1 - Disputes (July 2002) 52.233-3 - Protest after Award (Aug. 1996) 52.233-4 - Applicable Law For Breach Of Contract Claim (Oct 2004) 52.236-2 - Differing Site Conditions (Apr 1984) 52.236-3 - Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 -Material and Workmanship (Apr 1984) 52.236-6 - Superintendence by the Contractor (Apr 1984) 52.236-7 - Permits and Responsibilities (Nov 1991) 52.236-8 - Other Contracts -- (Apr 1984) 52.236-9 - Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 - Operations and Storage Areas (Apr 1984) 52.236-11 - Use and Possession Prior to Completion (Apr 1984) 52.236-12 - Cleaning Up (Apr 1984) 52.236-13 - Accident Prevention (Nov 1991) 52.236-14 - Availability and Use of Utility Services (Apr 1984) 52.236-15 - Schedules for Construction Contracts (Apr 1984) 52.242-14 - Suspension of Work (Apr 1984) 52.243-5 - Changes and Changed Conditions (Apr 1984) 52.244-6 - Subcontracts for Commercial Items (May 2008) 52.246-21 - Warranty of Construction (Mar 1994) 52.249-2 Alternate I - Termination for Convenience of the Government (Fixed-Price) (May 2004) 52.249-10 - Default (Fixed-Price Construction) (Apr 1984)

The following clauses are incorporated in full text:

52.211-10 - Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to -

(a) Commence work under this contract within 10 days calendar days after the date the Contractor receives the notice to proceed,

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than 90 calendar days from Notice to Proceed.

52.225-9 Buy American Act–Construction Materials (Jan 2005)

(a) Definitions. As used in this clause-- “Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate ``none'']

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-13 -- Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

(1) A payment bond, or;

(2) An irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within __10__ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

52.232-5 - Payments under Fixed-Price Construction Contracts (Sept 2002)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until --

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

List of Documents, Exhibits and Other Attachments

Attachment #1: Scope of Work (3 pages) Attachment #2: Wage Determination TX100277 08/13/2010 TX277 (4 pages)

Representation, Certifications, and Other Statement of Offerors and Respondents

52.204-8 Annual Representations and Certifications (May 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $14M per year.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

N/A (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

N/A (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

N/A (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

N/A (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

N/A (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

N/A (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

N/A (vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

N/A (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

N/A (ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

N/A (x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

N/A (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

N/A (xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

N/A (xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

N/A (xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

N/A (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

N/A (xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

N/A (xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its

Alternate II applies.

N/A (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

N/A (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

N/A (xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-

Certification. This provision applies to all solicitations.

N/A (xxi) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at

52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for

Certain Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph

(c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)