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On-line Representations and Certifications Application Handbook

August 2008

Table of Contents

Table of Contents Welcome to ORCA Introduction Background Section 508 Compliance

Vendor Instructions Before Starting Your Application

Enter Your Application Renew or Change an Active Record Government Instructions

Search Archived Records ORCAXML Instructions

To access and use ORCAXML

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

APPENDIX E

Welcome to ORCA

Introduction ORCA is an e-Government initiative developed to replace the paper based

Representations and Certifications (Reps and Certs) process. Previously, vendors had to submit Reps and Certs for each individual large purchase contract award. Now, using ORCA, a contractor can enter their Reps and Certs information once for use on all Federal contracts. This site not only benefits the contractor, by allowing them to maintain an accurate and complete record, but also the Contracting Officer as they can view every record, including archives, with the click of a mouse.

Background On Oct.7, 2002, Mark Forman, then Associate Director for Information Technology and E-government, announced the five key elements in the

President’s Management Agenda in a letter to all CIO’s, CFO’s and Procurement Executives. This agenda was developed to improve the management and performance of the Federal Government and “outlined how we will focus our e-Government initiatives on reforming the Government so that it delivers results that matter to citizens.”

The original report focused on 14 areas of improvement, 5 government-wide and 8 agency specific. Number 4 on the government wide improvement is ‘Expanded Electronic Government’. In order to identify which initiatives were helpful in creating an e-Government, Mr. Forman established a cross-agency task force referred to as project Quicksilver. Over a 5-week period a working group comprised of individuals knowledgeable in their agency programs and experienced in government reform developed recommendations. The task force applied best of breed e-strategy methods that have been used widely in industry and government. The task force conducted 71 interviews with more than 150 senior government officials during the process to gather and identify strategic e-Government opportunities.

The task force found that the federal government could significantly improve customer service over 18 to 24 months by focusing on 23 high payoff, government wide initiatives that integrate agency operations and IT investments.

These 23 initiatives were divided into 4 categories, government to citizen (G2C), government to business (G2B), government to government (G2G), and internal effectiveness and efficiency (IEE). The Integrated Acquisition

Environment (IAE) was listed as part of the IEE.

As part of the Integrated Acquisition Environment (IAE) E-Government initiative, the existing Department of Defense Central Contractor

Registration system was expanded into a Business Partner Network used by all agencies. The BPN includes grantees, Federal entities, and companies seeking to do business with the Federal government. This expansion requires all those seeking to do business with the Federal government to register within the BPN.

The BPN provides a web-enabled capability for identifying Federal and industry trading partners. It also creates a one-stop source of information about trading partners, such as Equal Employment Opportunity compliance checks, size status, the Excluded Parties List information, and past performance evaluations. The attachments to this memorandum describe the vision and benefits of the BPN and an overview of how it is used for commercial acquisition, intra-governmental transactions, and grants.

Section 508 Compliance The ORCA web site is Section 508 compliant. Under Section 508, agencies must give disabled employees and members of the public access to information that is comparable to the access available to others. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. The web pages were checked using

Watchfire’s WebXact software on http://webxact.watchfire.com/scanform.aspx?sa=1. Watchfire is one of the listed companies on the government’s web site that provide section 508 software. See www.section508.gov. All web site pages were scanned for

Section 508 checkpoints, both automatic and manual.

Vendor Instructions

Before Starting Your Application Before you can enter ORCA you must:

• Have an active registration in Central Contractor Registration (CCR)

• Have the MPIN from your active registration

• Know your DUNS number

Registration in CCR: Before entering ORCA you must have an active registration in CCR. To determine if you have an active registration visit CCR’s homepage at www.ccr.gov and click on “Search CCR” found on the left side of your screen. If you have an active registration then you can begin your ORCA record. If you do not have an existing active registration in CCR then complete one at the same website before beginning your ORCA records.

Reminder: There is no cost involved with registering in CCR. When registering in CCR make sure to use 2007 NAICS codes and not 2002 NAICS codes. You may begin your ORCA questionnaire immediately after your CCR registration becomes active.

Marketing Partner Identification Number (MPIN): The Marketing Partner Identification Number (MPIN) is a 9-character code containing at least one alpha character and one number (no special characters or spaces).

The MPIN is created, by you, in your company’s CCR record and acts as a password for various government systems, including ORCA. The MPIN is the last data field in the “Points of Contact” section of the CCR registration.

Once you’ve entered your new MPIN into CCR, it will become active in ORCA as soon as your CCR registration becomes active. Go to www.ccr.gov if you need more information on how to create your MPIN.

If you are not in CCR, please go to www.ccr.gov and complete a registration.

If you have an active registration, but do not know your MPIN, please contact the person who submitted your company’s CCR registration for that information. If you do not know who that person is, then contact the CCR helpdesk at 888-227-2423, for assistance.

In addition, a DUNS number is needed, in conjunction with the MPIN to enter the ORCA system. If you have an active record in CCR then you have a

DUNS number. You can view your active CCR record to determine your DUNS number, or if you have questions or problems with your DUNS, please read the following:

*Data Universal Numbering System (DUNS) Number: The Data Universal Numbering System (DUNS) number is a unique nine-character identification number provided by the commercial company, Dun &

Bradstreet (D&B). Call D&B at 1-866-705-5711, if you do not have a DUNS number. The process to request a DUNS number takes about 10 minutes and is free of charge. If you already have a DUNS number, the D&B representative will advise you over the phone.

DUNS +4: The use of DUNS+4 numbers to identify vendors is limited to identifying records for the same vendor at the same physical location. The +4 should only be used in ORCA, if you registered your company that way in

CCR.

Enter Your Application If you are new to this process, it is recommended that you print off the

“Definition of Terms” located in Appendix A.

1. Start at https://orca.bpn.gov

2. Enter your DUNS number and MPIN, click “Submit” o Please note that after 20 minutes of inactivity on one page your registration will time out and all data will be lost.

If you entered a valid DUNS number/MPIN combination, your existing information from CCR is pulled and displayed for your review.

3. Review the displayed CCR information. If correct, click “Create ORCA Record”.

o If your CCR data is incorrect, then visit www.ccr.gov and update your registration. Changes in CCR will update into ORCA, as soon as your CCR registration becomes active.

4. Confirm your ORCA POC, and change, if necessary. Click “Continue”.

5. Questionnaire begins. Answer all of the questions. Click “Save and Continue Questionnaire” when finished with each of the 5 pages.

6. At the end of the questionnaire, click the “Save and Continue to Certification” button.

o You may choose to exit the questionnaire at any point, saving what you have entered thus far, by clicking “Save and Exit Questionnaire”.

o If you need to return to an earlier page, click “Previous Page”.

However, any entries that you made on the current page will not be saved unless you first click “Save and Continue Questionnaire”.

o Whenever you enter text in a field, you must click “Add” in order for the information to be saved.

o In a few places throughout the questionnaire, you may find questions are marked with ‘Reserved’. Because of certain company information provided in your CCR record, the question normally asked is no longer applicable to you. Continue on to the next question.

7. Review your answers by reading the actual provisions/clauses that contain your responses. If you would like to make any changes click on the check box or displayed answer to be brought back to the original question. When finished making the changes click “Continue” to get back to the review.

o Remember to review and click the check boxes on the read-only clauses of 52.203-11, 52.222-38, 52.223-1, 52.225-20, and

52.227-6. These are the first five clauses on the review page.

o If you answered questions that related to DFARS clauses/provisions, review the applicable DFARS provisions/clauses. There are 9 DFARS read only clauses/provisions with check boxes that must be filled in to submit the certification.

8. When satisfied with all your answers, scroll to the bottom of the screen, and be sure to certify that your answers are true by clicking the check box with the date/time stamp. When finished, click

“Submit Certification.”

9. Download a pdf copy of your completed Reps and Certs record for your files.

o Please note that the information stored in an active ORCA record is considered unrestricted, and is searchable by the public using the DUNS number.

You will receive an email confirmation that you have registered your record.

A record is active for 365 days. The vendor needs to update their record as necessary to reflect changes, but at least annually to ensure they are kept current, accurate and complete. The record is active for 365 days from date of submission, or update.

You will be reminded of the renewal requirement 60 days, 30 days and 15 days prior to your records expiration, via email. The notice will be forwarded to the ORCA POC designated in your company’s record.

Renew or Change an Active Record

Your Responsibilities

• You are responsible for ensuring the accuracy of your registration. You must use your DUNS number in conjunction with your MPIN number when making and/or requesting any changes to your profile.

• You are responsible for updating your information as it changes

• You must renew your record, at least once a year. If you do not renew your record, it will expire. An expired registration may affect your ability to conduct business (receive contract awards) with the government.

To initiate any changes or renew your record:

Changes can be made to your record as indicated below:

1. Go to ORCA’s homepage at https://orca.bpn.gov.

2. Enter your DUNS number and MPIN then click “Login to ORCA”.

3. On the CCR information page, click on “Update your previously completed ORCA record”.

4. Make the necessary changes, then click the "Save and Continue

Questionnaire” button on each page.

5. At the end of the questionnaire, click the “Save and Continue to

Certification” button.

• You may choose to exit the questionnaire at any point, saving what you have entered thus far, by clicking “Save and Exit Questionnaire”. If you choose “save and exit”, ORCA will store a copy of the changes as a “partially saved” record. A “partially saved record” is not a “submitted” record. It is only a temporary record that is stored until you “submit” the record.

• If you need to return to an earlier page, click “Previous Page”.

However, any entries that you made on the current page will not be saved unless you first click “Save and Continue Questionnaire”.

• Whenever you enter text in a field, you must click “Add” in order for the information to be saved.

• In a few places throughout the questionnaire, you may find questions are marked with ‘Reserved’. Because of certain company information provided in your CCR record, the question normally asked is no longer applicable to you. Continue on to the next question.

6. Click in the Certification box to indicate the information is correct, and click on the “Submit Certification” button on the clauses/provisions page to activate the changes.

To submit a renewal with no changes, follow the same steps listed above, with the exception of making changes to your information in the questionnaire. Reminder: you must click “Save and Continue

Questionnaire” on each page, then click “Save and Continue to Certification” on page 5. After clicking the boxes for all Read Only questions on the Certification page, click “Submit Certification” to activate the renewal, even if none of your information has changed.

If you are not sure when your record expires, you can view a read-only copy of your certification which contains the “Date of Submission” by following these steps:

1. Go to ORCA’s homepage at https://orca.bpn.gov

2. Go to “Search current ORCA Record”.

3. Enter your DUNS number then click “Search”.

4. The dates of your Certification Validity are listed under the name of your company.

Government Instructions Search Active Records

Prior to starting, make sure you know the DUNS number of the company(s) you would like to review. If you do not know the DUNS number, you can find it by going to www.ccr.gov, and clicking on “Search CCR”. Once on the search page, enter the company’s legal business name, and click

“Search”.

If the company’s name is long, type in the first few letters and then click

“Search”. You will be able to choose the appropriate name from a displayed list. Click the “Detail” button for more information. The DUNS number is the first piece of information displayed.

Now you are ready to search ORCA.

• Start at https://orca.bpn.gov

• Under “Search current ORCA Record”, enter the DUNS of the company you wish to find a record for, and then click “Search”.

• Review the Record displayed.

• You may download one of three .pdf copies of the record.

o To download a .pdf copy of FAR provisions, click on “Download FAR PDF” found at the bottom of the page.

o To download a .pdf file of both FAR and DFARS provisions, click on “Download FAR & DFARS PDF”.

o To download a .pdf file of SF 330 Part II (6/2004) click on “Download SF 330 PDF”.

• To review another Record click on “Back to Top”, then click “Search” and then “Current Search”.

Search Archived Records As mentioned in the previous section, prior to starting, make sure you have the DUNS number of the company(s) you would like to review. To find the DUNS number, go to www.ccr.gov, and click on “Search CCR”. Once on the search page enter the company’s legal business name and click “Search”.

If the company’s name is long, type in the first few letters and then click

“Search”. You will be able to choose the appropriate name from a displayed list. Click the “Detail” button for more information. The DUNS number is the first piece of information displayed.

Now you are ready to go to ORCA.

• Start at https://orca.bpn.gov

• Under “Search current ORCA record,” click on the “Click Here” for

Archive Search link.

• Enter the DUNS of the company you wish to find a record for and the dates you wish to view submitted records, click “Submit”

• Review the Record displayed.

• You may download one of three .pdf copies of the record.

o To download a .pdf copy of FAR provisions, click on “Download

FAR PDF” found at the bottom of the page.

o To download a .pdf file of both FAR and DFARS provisions, click on “Download FAR & DFARS PDF”.

o To download a .pdf file of SF 330 Part II (6/2004) click on

“Download SF 330 PDF”.

• To review another Record click on “Return to Top” then click

“Search” then “Archived Search”.

ORCAXML Instructions

ORCAXML is a Web Services Interface that allows authorized users to obtain ORCA data via XML. Access to ORCAXML is limited to qualified Government sponsored systems. Users are required to sign a Non Disclosure Agreement.

Qualified users can access ORCAXML at https://orcaxml.bpn.gov/XML.asmx for SOAP request and https://orcaxml.bpn.gov/XML.asmx/ORCAXMLWebService for HTTP Post request.

To access and use ORCAXML

1. Download either the "Government Personnel" or "Government Sponsored Contractor" form. Print, fill-in, sign, and fax the completed form to the

ORCA Helpdesk.

2. ORCA Helpdesk will acknowledge the receipt of fax via email within 2 business days after it is received. ORCAXML will also contact the user if it needs any clarification or additional information while processing their application. ORCA Helpdesk may also verify the authenticity of the user by contacting the supervisor or the sponsor via email or phone.

Note: It may take up to 5 business days for the user application to be processed.

3. Upon approval, ORCA Helpdesk will create a unique userid and password for the user and communicate it to the user following standard secure procedures.

4. Users can refer to the ORCAXML User guide, Request and Response

Schema files to incorporate ORCAXML into their application. Request and Response files for typical scenarios are provided for user convenience.

APPENDIX A

Sample ORCA Questionnaire

The questionnaire is to help you gather information you need for the clauses.

The questionnaire is not the official version. Be sure to read the clauses carefully.

1. Who are the person(s) within TEST COMPANY 01 (Doing Business As:

Test DBA) responsible for determining prices offered in bids/proposals?

(FAR 52.203-2)

2. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) have other plants/facilities at different addresses routinely used to perform on contracts? (FAR 52.214-14), (FAR 52.215-6)

If yes, please provide the following: Place of Performance (Address) of the Other Plants/Facilities, Name(s) of Owner and Operator of

Plant/Facilities, Address(es) of Owner and Operator of Plant/Facilities (Street, Address, City, County, State, Zip Code) (FAR 52.214-14), (FAR

52.215-6)

3. Your CCR record indicates that TEST COMPANY 01 (Doing Business

As:Test DBA) does not have a Taxpayer Identification Number (TIN).

Has TEST COMPANY 01 (Doing Business As:Test DBA) applied for a TIN?

Is TEST COMPANY 01 (Doing Business As:Test DBA) a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States? (FAR 52.204-3), (FAR 52.212-

3)

4. For products designated by the Environmental Protection Agency and provided by TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA), does the percentage of recovered material content meet the applicable EPA guidelines? (FAR 52.223-4), (FAR 52.223-9)

5. Do TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) facilities manufacture/process/use toxic chemicals listed in 313(c) of Emergency Planning and Community Right-to-Know? (FAR 52.223-13)

If yes, please answer the following questions as pertains to the facilities that manufacture/process/use toxic chemicals listed in 313(c) of

EPCRA. 26. Do the facilities have 10 or more full-time employees (as specified in 313(b)(1)(A) of EPCRA)? (FAR 52.223-13)

Do the facilities meet reporting thresholds of Toxic Chemicals in 313(f) of EPCRA? (FAR 52.223-13)

Are the facilities that manufacture/process/use toxic chemicals in SIC

Groups 20-39 or NAICS Sectors 31-33? (FAR 52.223-13)

Are the facilities located in the U.S. or its territories? (FAR 52.223-13)

6. Is TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) a small business concern that wishes to be considered for status as a labor surplus area (LSA) concern? (FAR 52.219-2)

If yes, indicate the LSA in which the manufacturing or production costs amount to more than 50% of contract price:

7. Is TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) owned or controlled by a common parent, that files its Federal Income Tax returns on a consolidated basis?(FAR 52.204-3), (FAR 52.212-3)

If yes, please provide the company name and TIN for the common parent.

8. Is TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA), or any of its principals, currently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal Agency?

(FAR 52.209-5), (FAR 52.212-3)

9. In the past three-year period, has TEST COMPANY A (DOING BUSINESS

AS: TEST DBA), or any of its principals, been convicted or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of

Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property? (FAR52.209-5), (FAR 52.212-3)

In the past three years, has TEST COMPANY (DBA) been notified of any delinquent Federal Taxes in an amount that exceeds $3,000 for which liability remains unsatisfied? (FAR 52.209-5), (FAR 52.212-3)

___Yes ___ No

10. Is TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA), or any of its principals, presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Question 5? (FAR 52.209-5), (FAR 52.212-3)

11. Within the past three years, has TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) been terminated for cause (default)?(FAR 52.209-5), (FAR 52.212-3)

12. Please list the name of any HUBZone businesses participating in a Joint

Venture with TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA).

(FAR 52.219-1), (FAR 52.212-3)

13. If there are any Small Disadvantaged Businesses participating in a Joint Venture with TEST COMPANY 01 (DOING BUSINESS AS: TEST

DBA) please list the names of those companies below. (FAR 52.219-

22), (FAR 52.212-3)

14. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) provide any data to the Government that qualifies as limited rights data or restricted computer software? (FAR 52.227-15)

If yes, please list limited rights data or restricted computer software below:

15. ORCA did not get the Organization type for from CCR. Please enter your organization type. (FAR 52.204-3), (FAR 52.212-3)

16. Your CCR record indicates that TEST COMPANY 01 (DOING BUSINESS

AS: TEST DBA) is not an SBA certified Small Disadvantaged Business Concern.

Has TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) submitted an application to SBA for Small Disadvantaged Business Certification and a decision is pending? (FAR 52.219-22)

17. Is TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) located in a

Small Disadvantaged Business Procurement Mechanism authorized region?(FAR 52.219-22), (FAR 52.212-3)

18. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) deliver any end products (from the corresponding country of origin) that are listed on the List of Products Requiring Federal Contractor Certification as to

Forced or Indentured Child Labor under Executive Order No. 13126 (link provided to current list)? (FAR 52.222-18), (FAR 52.212-3)

If Yes, has TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) based on a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product, determined that it is not aware of any such use of child labor.

19. Has TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) held previous contracts/subcontracts subject to Federal Acquisition Regulation (FAR)

52.222-26 (Equal Opportunity)? (FAR 52.222-22), (FAR 52.212-3)

20. Are any end products delivered to the Government by TEST COMPANY

01 (DOING BUSINESS AS: TEST DBA) foreign (non-domestic) end products? (FAR 52.212-3), (FAR 52.225-2), (FAR 52.225-4), (FAR

52.225-6) , (DFARS 252.225-7000), (DFARS 252.225.7020), (DFARS

252.225.7035)

If yes, please list these products and their corresponding country of origin.

21. Has TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) filed all required Equal Employment Opportunity compliance reports? (FAR

52.222-22), (FAR 52.212-3)

22. Has TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) held previous contracts/subcontracts subject to affirmative action program requirements? (FAR 52.222-25), (FAR 52.212-3)

Has AXIOM CONSULTING ENGINEERS LLC developed and has on file affirmative action programs required by Secretary of Labor? (FAR

52.222-25), (FAR 52.212-3)

23. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) provide maintenance, calibration, and/or repair of information technology, scientific and medical and/or office and business equipment?(FAR 52.222-48)

If yes, please answer the following questions: Are the items of equipment serviced by TEST COMPANY 01 (DOING BUSINESS AS:

TEST DBA) commercial items which are used regularly for other than

Government purposes, and are sold or traded by TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) in substantial quantities to the general public in the course of normal business operations?

Are the services furnished at prices which are, or are based on, established catalog or market prices?

Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) utilize the same compensation (wage and fringe benefits) plan for all service employees performing work under Government contracts as TEST

COMPANY 01 (DOING BUSINESS AS: TEST DBA) uses for equivalent employees servicing the same equipment of commercial customers.

(FAR 52.222-48)

24. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) provide services as described in FAR 22.1003-4(d)(1)? (FAR 52.212-3), (FAR 52.222-52).

Are the services described in FAR 22.103-4(d)(1) by TESTCOMPANY 01 (DOING BUSINESS AS: TEST DBA) offered and sold regularly to non-

Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations?

Are services furnished at prices which are, or are based on established catalog or market prices?

Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) ensure that each service employee who will perform the services described in FAR 22.1003-4(d)(1) spend only a small portion of his/her time (a monthly average of less than 20% of the available hours on an annualized basis, or less than 20% of available hours during the contract period of the contract period id less than a month) servicing the Government contract?

Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) have the same compensation (wage and fringe benefits) plan for all service employees performing work for Government and commercial customers?

25. Your CCR record indicates that has registered the following FSC codes.

Please provide whether the place of manufacture for each FSC code below is in the US or outside the US: (FAR 52.225-18).

26. SF 330 Part II information submitted to ORCA is transmitted to the

Architect-Engineer Contract Administration Support System (ACASS) component of the Contractor Performance Assessment Reporting System

(CPARS). SF 330 part II information submitted to ORCA is available to government personnel and to anyone with access to the Internet, that knows your DUNS number. Completing this question does not satisfy the requirement of FAR section 36.603(b). Therefore, if required to do so, you may still need to file a SF330 Part II with the appropriate office(s) or board(s).

Are you interested in applying for Federal architect-engineer contracts under FAR Part 36 and want to enter a SF330, Part II for this office?

View the full instructions on filling out the SF330 Part II information.

List any former firm names used by the office associated with the DUNS number during the last 6 years including the year the name changed was effective and the associated DUNS number (corresponds to block 8a,b,c).

List number of employees by function code and discipline (corresponds to block 9a,b,c). List no more than 20 disciplines.

Disciplines not found above may be added

List the profile codes, experience, and annual average revenue for the last 5 years for the office associated with this DUNS number (corresponds to block 10a,b,c).

Experience not found above may be added

Provide A-E professional services revenues for the office associated with this DUNS number for the last 3 years (corresponds to block 11a,b,c).

Please enter the name and title of the person certifying the SF330 Part

II information:

Are you considered a small business sized concern for NAICS code

541330?

27. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) do business with the Department of Defense and provide information for provisions in the Defense Federal Acquisition Regulation Supplement (DFARS)?

28. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation? (DFARS 252.212-

7000, DFARS 252.247-7022)

29. Does TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) represent that the prices set forth in this contract are based on the wage rate(s) or material price(s) established and controlled by a foreign government and do not include contingency allowances to pay for possible increases in wage rates or material prices? (DFARS 252.216-7003)

If yes, please select the name of the host Country:

30. Is TEST COMPANY 01 (DOING BUSINESS AS: TEST DBA) effectively owned or controlled by a foreign government? (DFARS 252.209-7002)

APPENDIX B

Representations and Certifications in ORCA

FAR

52.203-2 Certificate of Independent Price Determination

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.204-3 Taxpayer Identification

52.204-5 Women-Owned Business (Other Than Small Business)

52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

52.212-3 Offeror Representations and Certifications - Commercial Items (Basic, Alternate 1 & 2)

52.214-14 Place of Performance - Sealed Bidding

52.215-6 Place of Performance

52.219-1 Small Business Program Representations (Basic & Alternate 1)

52.219-2 Equal Low Bids

52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program

52.219-21 Small Business Size Representation for Targeted Industry Categories Under the Small Business

Competitiveness Demonstration Program

52.219-22 Small Disadvantaged Business Status (Basic & Alternate 1)

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

52.222-22 Previous Contracts and Compliance Reports

52.222-25 Affirmative Action Compliance

52.222.38 Compliance with Veterans Employment Reporting

Requirements

52.222-48 Exemption from Application of Service Contract Act

Provisions for Contracts for Maintenance, Calibration, and/or Repair of Certain Information Technology, Scientific and Medical and/or Office and Business Equipment-Contractor Certification

52.222-52 Exemption from Application of the Service Contract Act to Contract for Certain Services - Certification

52.223-1 Biobased Product Certification

52.223-4 Recovered Material Certification

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate 1only)

52.223-13 Certification of Toxic Chemical Release Reporting

52.225-2 Buy American Act Certificate

52.225-4 Buy American Act North America Free Trade Agreement Israeli Trade Act Certificate (Basic, Alternate 1 & 2)

52.225-6 Trade Agreements Certificate

52.225-18 Place of Manufacture

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification

52.226-2 Historically Black College or University and Minority Institution Representation

52.227-6 Royalty Information (Basic & Alternate 1)

52.227-15 Representation of Limited Rights Data and Restricted

Computer Software

SF 330 Part II Architect-Engineering Qualifications

DFARS

252.209-7001 Disclosure of Ownership or Control by the

Government of a Terrorist Country

252.209-7002 Disclosure of Ownership or Control by a Foreign Government

252.209-7005 Reserve Officer Training Corps and Military

Recruiting on Campus

252.212-7000 Offeror Representations and Certifications-- Commercial Items

252.216-7003 Economic Price Adjustment--Wage Rates or Material

Prices Controlled by a Foreign Government

252.225-7000 Buy American Act--Balance of Payments Program Certificate

252.225-7003 Report of Intended Performance Outside the United States and Canada—Submission with Offer

252.225-7020 Trade Agreements Certificate

252.225-7031 Secondary Arab Boycott of Israel

252.225-7035 Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate

252.225-7042 Authorization to Perform

252.229-7003 Tax Exemptions (Italy)

252.229-7005 Tax Exemptions (Spain)

252.239-7011 Special Construction and Equipment Charges

252.247-7022 Representation of Extent of Transportation by Sea

252.247-7023 Transportation of Supplies by Sea

APPENDIX C

Definitions for Terms in the ORCA Questionnaire

QUESTION 1 – No definitions provided

QUESTION 2 – No definitions provided

QUESTION 3

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

QUESTION 4

"Recovered material,” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (FAR 2.101)

Information on the products designated by the Environmental Protection

Agency for recovered material content is available from the Environmental Protection Agency at http://www.epa.gov/cpg/products.htm

QUESTION 5

Information on the list of toxic chemicals is available from the Environmental

Protection Agency at http://www.epa.gov/tri/index.htm.

QUESTION 6

"Labor surplus area" means a geographical area identified by the

Department of Labor in accordance with 20 CFR part 654, subpart A, as an area of concentrated unemployment or underemployment or an area of labor surplus. (FAR 2.101)

A list of labor surplus areas is available from the Department of Labor at http://www.uses.doleta.gov/lsa.asp

QUESTION 7

"Common parent," as used in this subpart, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. (FAR 4.901)

QUESTION 8

"Principals" means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

"Suspension" means action taken by a suspending official under 9.407 to disqualify a contractor temporarily from Government contracting and

Government-approved subcontracting; a contractor that is disqualified is "suspended." (FAR 2.101)

"Debarment" means action taken by a debarring official under 9.406 to exclude a contractor from Government contracting and Government-approved subcontracting for a reasonable, specified period; a contractor that is excluded is "debarred." (FAR 2.101)

"Ineligible" means excluded from Government contracting (and subcontracting, if appropriate) pursuant to statutory, Executive order, or regulatory authority other than this regulation (48 CFR Chapter 1) and its implementing and supplementing regulations; for example, pursuant to the Davis-Bacon Act and its related statutes and implementing regulations, the

Service Contract Act, the Equal Employment Opportunity Acts and Executive orders, the Walsh-Healey Public Contracts Act, the Buy American Act, or the

Environmental Protection Acts and Executive orders. (FAR 2.101)

QUESTION 9

primary management or supervisory responsibilities within a business entity

"Civil judgment" means a judgment or finding of a civil offense by any court of competent jurisdiction. (FAR 9.403)

"Conviction" means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. (FAR

2.101)

QUESTION 10

primary management or supervisory responsibilities within a business entity

"Indictment" means indictment for a criminal offense. Any information or other filing by competent authority charging a criminal offense is given the same effect as an indictment. (FAR 9.403)

QUESTION 11

"Termination for default" means the exercise of the Government's right to completely or partially terminate a contract because of the contractor's actual or anticipated failure to perform its contractual obligations. (FAR

2.101)

QUESTION 12 – No definitions provided

QUESTION 13

"Small disadvantaged business concern" (except for 52.212-3(c)(2) and

52.219-1(b)(2) for general statistical purposes and 52.212-3(c)(7)(ii), 52.219-22(b)(2), and 52.219-23(a) for joint ventures under the price evaluation adjustment for small disadvantaged business concerns), means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to the acquisition; and either-

(1) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, subpart B; and

(i) No material change in disadvantaged ownership and control has occurred since its certification;

(ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(iii) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the data base maintained by the Small Business Administration (PRO-Net); or

(2) For a prime contractor, it has submitted a completed application to the

Small Business Administration or a private certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR part 124, subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since it submitted its application. In this case, a contractor must receive certification as a small disadvantaged business by the Small Business

Administration prior to contract award. (FAR 2.101)

QUESTION 14

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing or management information. (FAR 27.401)

“Restricted computer software” means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

“Restricted rights” means

"Limited rights" means the rights of the Government in limited rights data, as set forth in a Limited Rights Notice. (FAR 27.401)

"Limited rights data,” means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

(Agencies may, however, adopt the following alternate definition: "Limited rights data" means data (other than computer software) developed at private expense that embody trade secrets or are commercial or financial and confidential or privileged (see 27.404-2(b)). (FAR 27.401)

"Restricted computer software" means computer software developed at private expense and that is a trade secret; is commercial or financial and confidential or privileged; or is published copyrighted computer software;

including minor modifications of the computer software. (FAR 27.401)

QUESTION 15 – No definitions provided

QUESTION 16 – No definitions provided

QUESTION 17

The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. (FAR 52.219-22)

QUESTION 18

Information on the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Under Executive Order No. 13126 is available from the Department of Labor at http://www.dol.gov/ilab.

QUESTION 19 – No definitions provided

QUESTION 20

Bahrainian end product” means an article that—

(1) Is wholly the growth, product, or manufacture of Bahrain; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services

(except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Canadian end product" means an article that-

(1) Is wholly the growth, product, or manufacture of Canada; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Canada into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services

(except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Caribbean Basin country" means any of the following countries: Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa

Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago.

"Caribbean Basin country end product"-

(1) Means an article that-

(i)(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean

Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under

19 U.S.C. 2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers.

(2) Petroleum, or any product derived from petroleum.

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam).

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles.

(B) Access to the HTSUS to determine duty-free status of articles of the types listed in paragraph (1)(ii)(A)(4) of this definition is available via the Internet at http://www.customs.ustreas.gov/impoexpo/impoexpo.htm. In particular, see the following:

(1) General Note 3(c), Products Eligible for Special Tariff treatment.

(2) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of

2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special

Tariff Benefits under the United States-Caribbean Basin Trade Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Component" means an article, material, or supply incorporated directly into an end product or 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 end product or 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 end product.

"Designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Canada, Chile, Mexico, or

Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East

Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican

Republic, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

"Designated country end product" means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a

Caribbean Basin country end product.

"Domestic end product" (in the FAR) means-

(1) An unmanufactured end product mined or produced in the United States;

or

(2) An end product 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 as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.

“Domestic end product” (in the DFARS) means—

(i) An unmanufactured end product that has been mined or produced in the United States; or

(ii) An end product manufactured in the United States if the cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued). Scrap generated, collected, and prepared for processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that—

(A) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United

States; or

(B) It is inconsistent with the public interest to apply the restrictions of the Buy American Act.

"Domestic offer" means an offer of a domestic end product. When the solicitation specifies that award will be made on a group of line items, a domestic offer means an offer where the proposed price of the domestic end products exceeds 50 percent of the total proposed price of the group.

"Eligible offer" means an offer of an eligible product. When the solicitation specifies that award will be made on a group of line items, an eligible offer means a foreign offer where the combined proposed price of the…

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