Amendment No. 2.pdf

PAGE OF PAGES ENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 1 28

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Amendment No. 2 March 11, 2009

6. ISSUED BY CODE 024B 7. ADMINISTERED BY (If other than Item 6) CODE

U.S. FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

3833 S. DEVELOPMENT AVE., JACK F. WILSON BLDG.

BOISE, ID 83705-5354

Same as Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO.

AG-024B-S-09-9007

9B. DATED (SEE ITEM 11)

February 23, 2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDER IT MODIFIES THE CONTRACT/ORDER NUMBER AS

DESCRIBED IN ITEM 14.

CHECK ONE

A. THIS CHANGE ORDER IS PURSUANT TO: (specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PURPOSE OF AMENDMENT

To provide the following:

1) SF 30 with summary of changes

2) Revised pages with changes

3) Changes the Offer Due Date to March 20, 2009

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Frank Gomez, Contracting Officer 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Feank Gomez (Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable STANDARD FORM 30 (REV. 10-83)

Prescribed By GSA FAR (48 CFR) 53.243

Solicitation No. Ag-024B-S-09-9007 US Forest Service Exclusive Use Helicopter Services Large Fire Support National Office

Summary of Changes

Section Page Description

A Offeror’s Checklist Added paragraph before 1. 14CFR Part 135. Replace page TOC Table of Contents iv Table of contents, replace this page

A Standard Form 1449 1 Block 8, changed Offer Due Date to March 20, 2009 4:30 p.m. MST B-1 Item No 5 11 Changed MAP Base Year only. Replace this page

B-12 B-12 16 Landing gear configuration: add does not apply to Type l aircraft. Replace this page E-2 Part l Business Proposal (3) 141 Added paragraph after mandatory Documents. Replace pages 142-143 E-3 E-3 (b) 146 Added paragraph after (b). Replace pages 146 through 164

OFFEROR’S CHECKLIST

Offeror’s Name_________________________________________________________________

Failure to provide the following information may render your Offer unacceptable.

Yes No Have you completed the SF-1449, Solicitation for Commercial Items?

Yes No Have you completed Section E-1 Instruction to Offer-Commercial Items?

Yes No Have you completed Section E-2 Instruction for the preparation of business and technical proposals?

Yes No Have you completed Section E-3 Evaluation-Commercial Items?

Yes No Have you reviewed Section E-4 Contract Award?

Yes No Have you completed Section E-5 Offerors Representations and Certifications-Commercial Items?

Yes No Have you completed Section E-6 Offerors Past Performance and Organizational Experience?

Yes No Have you completed Section E-7 Synopsis of Safety Program?

Yes No Have you completed all the required information in Section B “Schedule of Items” including signing your proposal?

Yes No In addition to the other requirements in this solicitation, have you enclosed copies of the following:

If aircraft are not identified on your FAR Part 133 and 135, a letter of intent from the FAA on letterhead stating their intent to include the aircraft on the appropriate certificates would suffice for evaluation purposes. If the aircraft are not identified by the beginning of the start of work (MAP) the contract may be terminated for cause as per the clause FAR 52.212-4.

1. 14 CFR PART 135 Operating Certificate and current 14 CFR PART 135 Operations Specifications (Sections A and D). Each aircraft offered should be listed in Section D of the Operations Specification (as applicable).

2. Current 14 CFR PART 133 Operating Certificate and current FAA letter of authority for aircraft designated to operate under the 14 CFR PART 133 Operating Certificate.

3. 14 CFR PART 137 Operating Certificate.

4. Appropriate Flight Manual Hover Performance Charts shall be provided under this solicitation for evaluation of the helicopters performance and used to complete the Interagency Helicopter Load calculation for this solicitation. (See E-3.b.1.b.6)

5. Have you submitted your Interagency Helicopter load Calculation?

Yes No Have you enclosed a list of all government and commercial contracts your company has performed in the past 36 months? (See E-6)

Yes No Does your offer set forth full accurate, and complete information as required by this solicitation including Exhibits and acknowledgement of any amendments that where issued?

Yes No Have you rechecked your figures, including calculations?

Yes No have you completed and assured that all required documents have been submitted?

Yes No have you completed annual Representations and Certifications via on-line Representations and

Certifications Application (ORCA) website at: http://orca.bpn.gov?

Yes No have you submitted copies of STC’s or FAA Field Approval for equipment required in B-12?

Amendment No. 2 Dated March 11, 2009

TABLE OF CONTENTS

EXHIBIT 15 Performance Report

EXHIBIT 16 Department of Labor Wage Determinations

EXHIBIT 17 Supplemental Rappel Requirements

EXHIBIT 18 Contractors Verification of Individual Pilot’s Requirements and Experience for Initial Agency Approval

EXHIBIT 19 “On Contract” Pilot Operational Training

EXHIBIT 20 Mechanic Qualification Form

SECTION D – CONTRACT CLAUSES

D-1 Contract Terms and Conditions and Conditions Required to Implement Statutes or Executive Orders (Commercial Items) (FAR 52.212-5)

D-2 Certification of Toxic Chemical Reporting (FAR 52.233-13)

D-3 Additional Clauses Required for Indefinite Delivery/Indefinite Quantity Contracts Incorporated by Reference (FAR 52.212-5 (NOV 2007) Addendum

D-4 Economic Price Adjustment Specified Flight Rate Contracts

D-5 Property and Personal Damage

D-6 Option to Extend the Term of the Contract (FAR 52.217-9)

D-7 Optional-Use Period

D-8 Statement of Equivalent Rates for Federal Hires (FAR 52.222-42)

D.9 Service of Protest (FAR 52.233-2) (SEP 2006)

SECTION E – SOLICITATION PROVISIONS

E-1 Instructions to Offerors-Commercial Items (FAR 52.212-1) (JAN 2004) (Tailored/Addenda)...143

E-2 Instructions for the Preparation of Business and Technical Proposals

E-3 Evaluation – Commercial Items (FAR 52.212-2) (JAN 1999) (Tailored/Addenda)

E-4 Contract Award

E-5 Offeror Representations and Certifications – Commercial Items (FAR 52.212-3)

E-6 Offeror’s Past Performance and Organizational Experience Questionnaire

E-7 Synopsis of Safety Program

Amendment No 2

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-024B-S-09-9007

6. SOLICITATION ISSUE

DATE

February 23, 2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Frank Gomez

b. TELEPHONE NUMBER (No collect calls)

(208) 387-5347

8. OFFER DUE DATE

March 20, 2009 4:30 p.m. MST

9. ISSUED BY CODE 024B 10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE: 100% FOR:

NAICS: 481212

SIZE STANDARD:1500 Employees

SMALL BUSINESS EMERGING SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

OWNED SMALL BUSINESS

13b. RATING

US FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

3833 S. DEVELOPMENT AVENUE

BOISE, ID 83705-5354 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

RFQ IFB RFP

16. ADMINISTERED BY CODE 11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

15. DELIVER TO CODE

US FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

3833 S. DEVELOPMENT AVENUE

BOISE, ID 83705-5354

See Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO. ____. NINE-DIGIT DUNS NO. _

FACSIMILE NO. .

ALBUQUERQUE SERVICE CENTER

INCIDENT BUSINESS – CONTRACTS

101B SUN AVENUE, NE

ALBUQUERQUE, NM 87109

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SECTION B (ATTACHED)

Heavy or Medium Helicopters – Tanked Exclusive Use Large Fire Support

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 .

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ __ OFFER

DATED _______________ . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNED (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

SECTION B

SUPPLIES OR SERVICES AND PRICES

ITEM NO. 5 Helicopter equipped with a fixed tank or bucket.

Host Base(s)

Name: Mariposa, CA National Forest: Sierra

Location: Mariposa Airport

Mandatory Availability Period and Net Days

BASE YEAR

June 16, 2009 – September 13, 2009 90 Days Mandatory Availability Period

OPTION YEARS

July 3 – September 30 90 Days Mandatory Availability Period

Daily Availability Offer Rate

SERVICES QUANTITY UNIT PRICE TOTAL YEAR

Daily Availability Base Year 2009

90 DAYS

BASE

Option Year 1 2010

Option 1

Option Year 2 2011

Option 2

Specified Hourly Flight Rate *300 Hours

See Exhibit 12 $

**Optional Use Rate

Base Year 2009

HR

N/A

BASE

Option Year 1 2010

Option 1

Option Year 2 2011

Option 2

*Estimated number of flight hours per year is for estimation purposes only, the Government does not guarantee any flight hours under this contract.

**Optional Use Rate will not be used in the evaluation of proposals.

ITEM NO. 5

Make:

Model:

Series:

N Number________________

SECTION B

SUPPLIES OR SERVICES AND PRICES

B-7 Acceptable Work Schedules

Exclusive Use 12/2 12/12 Other

If “Other” is checked, Identify requested schedule, which is subject to approval by Contracting Officer.

Note: All personnel shall be under the same work schedule. Day’s off schedule may vary.

B-8 Standby Hours Per Day

9 Hours Standby per day

B-9 Extended Standby Hourly Rate

$43.00 per hour

B-10 Overnight Allowance (Specified)

Rates as published in Federal Travel Regulations See Section C

B-11 Standard Per Diem Rate (Specified)

Rates as published in Federal Travel Regulations See Section C.

B-12 Contractor Furnished Special Requirements (Note: CO check those that apply)

Weight of the passenger seats will not be included in the equipped weight.

Rappel Capability (Exhibit 17) Litter Kit with Litter(s) Wire Cutters if available (Exhibit 5) FAA Over water Kit (in accordance with 14 CFR Part 91.33 Part b (11)

OVER WATER SPECIALIZED EQUIPMENT REQUIREMENTS DESCRIBED BELOW:

Per 14 CFR Part 91.509(b) to include: Life raft(s) capable of transporting all occupants

(Maximum seating capability). Personal Flotation Device (MAE WEST) for all occupants.

Life raft (s) and personal flotation devices must meet all applicable Federal Aviation Regulations for certification and recertification.

Fixed Suppressant/Retardant Delivery Tank (Exhibit 5) Fixed Suppressant/Retardant Tank with Self-Filling Capability (Exhibit 5)

Or Variable Capacity Collapsible Bucket(s) (Capable of being transported in cabin or baggage compartment or external basket) must meet Section C-4.D.21 requirements Extended Height landing gear applies to type II helicopters with fixed tank only, e.g. cross tubes, similar to DART extended height 39 inch Landing Gear Kit, part number D205-594- 011, that insures a minimum of 12 inches clearance between the attached delivery tank and level ground. Dart Extended Height Access Step or equivalent must be provided with minimum of one step half the distance to the skid.

:Landing gear configuration must insure a minimum of 12 inches clearance between the attached delivery tank and level ground. (Does not apply to Type l aircraft)

Amendment No. 2 Dated March 11, 2009

Solicitation No. AG-024B-S-09-9007 US Forest Service

SECTION E

SOLICITATION PROVISIONS

(3) Best Value Formula

D + (F x H) ÷ ( H x (L x P) = Cost per Pound

D = Average Daily Rate

F = Flight Rate

H = Average Daily Flight Hours (2.0)

P = Payload

L = Loads Delivered per Hour (6)

PART II TECHNICAL PROPOSAL

Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government.

Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed, description of the techniques, procedures and program for achieving the objectives of the specifications/statement of work. Proposals that merely paraphrase the requirements of the Government's specifications/statement of work, or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further.

Separate Part II- Technical proposal into four subparts, one for each of the major technical evaluation factors. As a minimum, your technical proposal must clearly address (1) Mandatory Documentation (2) Aircraft Technical Assessment/Aircraft Performance, (3) Safety/Risk Management (4) Past Performance and (5) Organizational Experience:

SUB-PART 1

(A) MANDATORY DOCUMENTATION:

If aircraft are not identified on your FAR Part 133 and 135, a letter of intent from the FAA on letterhead stating their intent to include the aircraft on the appropriate certificates would suffice for evaluation purposes. If the aircraft are not identified by the beginning of the start of work (MAP) the contract may be terminated for cause as per the clause FAR 52.212-4.

(1) Current 14 CFR Part 133 Operating Certificate and current FAA letter of authority for aircraft designated to operate under the 14 CFR Part 133 Operating Certificate. One copy will suffice.

(2) 14 CFR Part 135 Operating Certificate and current 14 CFR Part 135 Operations specifications (Sections A and D). Each aircraft offered should be listed in Section D of the Operations Specification (as applicable). One copy will suffice.

(3) 14 CFR Part 137 Operating Certificate.

Amendment No. 2 Dated March 11, 2009

(4) Submit a current weight and balance for each aircraft offered as per C-5.

(5) Submit a current aircraft equipment list for each aircraft offered.

(B) AIRCRAFT TECHNICAL ASSESSEMENT/AIRCRAFT PERFORMANCE

Provide the following information for each proposed aircraft. If more than one helicopter is offered, fill out a separate attachment for each helicopter. Include helicopter Make, Model and Variant and Aircraft Registration Number.

(a) Submit an Interagency Helicopter Load calculation for each aircraft, as per Exhibit 13 (see clause B-3, Aircraft Performance Specifications)

(1) The helicopter-equipped weight shall be based on the actual weighing of the aircraft and shall meet the following requirements:

• The aircraft shall be weighed prior to submission of the bid

AND

• The weighing must take place within 24 months prior to the beginning of the first mandatory availability period (MAP).

(2) Submit the manufacturer’s technical data for weight and capacity of the tank and/or bucket as applicable

Tanked Items: For the load calculation, the Equipped Weight shall include the weight of a fixed tank or and snorkel.

Bucket Items: For the load calculation, the Equipped Weight shall not include the weight of the empty bucket and any associated suspension hardware (cables, connectors, etc.).

See clause C 4 D.21 for reference

(3) Performance Data shall be provided with your proposal for evaluation of the helicopters performance and will be used to compute the Interagency Helicopter Load Calculation.

Note:

For the purpose of evaluating helicopter performance and computing the Interagency Load Calculation, only current, and appropriate FAA approved flight manual hover performance charts shall be used.

Performance enhancing data (Power Assurance Checks, wind charts, etc) shall not be used and will not be considered for the evaluation of proposals. Only FAA approved charts based on minimum specification engine performance shall be used. As an example, Kaman K- 1200 helicopters shall only use minimum specification engine performance data calculated from Rotorcraft FMS NO. 1, (USFS Fire Fighting)

The Government will evaluate “Price” of offers for award purposes by adding the price for the base year plus 1 option period and adding the specified flight rate times the estimated flight hours to determine overall price being offered. The price proposals shall be evaluated to determine reasonableness and to determine the demonstrated understanding of the level of effort needed to successfully perform the services. Prices will also be evaluated using the “Best Value Formula index provided in exhibit E-2”.

The nonprice factors - Aircraft Capability, Safety /Risk Management , Past Performance, Organizational Experience-when combined, are significantly more important than Price.

(b) Offeror’s proposal shall include Two Separate Parts –Part 1 is a Business/Cost proposal and Part 2 is the Technical Proposal. The evaluation factors are listed in descending order of importance. All subfactors listed are equal in importance.

If aircraft are not identified on your FAR Part 133 and 135, a letter of intent from the FAA on letterhead stating their intent to include the aircraft on the appropriate certificates would suffice for evaluation purposes. If the aircraft are not identified by the beginning of the start of work (MAP) the contract may be terminated for cause as per the clause FAR 52.212-4.

(1) Mandatory Documentation

(1) Current CFR Part 133 Operating Certificate

(2) Current 14 CFR Part 135 Operating Certificate

(3) Current 14 CFR part 137 Operating Certificate

(4) Current weight and Balance Sheet

(5) Current aircraft equipment list

The sub-factors are equal in importance

(2) Aircraft Technical Assessment

(1) Helicopter Load Calculation

(a) Helicopter equipped weight

(2) Manufactures Technical data for weight and capacity of the Tank and.or bucket as applicable.

(3) Performance data for evaluation of the helicopters performance.

(4) Appropriate Flight Manual Hover Performance Charts

(5) Submit copies of STC’s or FAA Field Approval for equipment required in B-12

The sub-factors are equal in importance.

(3) Safety/Risk Management

(1) Accident History (last 5 years)

(1) Annual Average flight hours

(2) Number of Accidents/Incidents

(3) Reduction of aviation insurance rates.

(2) Safety Management Systems

(1) Participation in a recognized program

(2) Company Developed Safety Program

(4) Past Performance

(1) that you were capable, efficient, and effective

(2) that your performance conformed to the terms and conditions of your contract

(3) that you were reasonable and cooperative during performance

(4) and that you were committed to customer satisfaction.

(5) Organizational Experience

(1)Management Personnel

(2) Pilot in Command

(3) Maintenance Personnel

E-4 Contract Award

(a) Awards will be made to those offerors whose proposals are technically acceptable and whose technical/price relationships are the most advantageous to the Government. The Government reserves the right to award any combination of items or number of items.

(b) The offeror's technical proposal may become a part of any resultant contract. Offerors are hereby advised that the Government will have the right to use, duplicate, or disclose in any manner and for any purpose whatsoever, and have the right to permit others to do so, all subject data required to be delivered under any contract resulting from this solicitation. Any reservations regarding these Government rights to data should be stated in the proposal and will be resolved during any subsequent negotiations if conducted.

(c) Due to an anticipated lack of helicopter resources from small business concerns to sufficiently meet our needs, we are soliciting proposals from both small and large business concerns.

After the evaluation of proposals, we will make awards based on the following cascading approach, which will give priority to small business concerns:

(1) First-tier evaluation: In accordance with Federal Acquisition Regulation (FAR) Subpart 19.5, award(s) first will be made on a competitive basis to eligible small business concerns, provided that a minimum of two (2) competitive offers for each contract line item (CLIN) are received from eligible small business concerns.

2) If a minimum of two (2) competitive offers from eligible small business concerns are not received, any award(s) for a CLIN will be made on the basis of full and open competition from among all responsible business concerns submitting offers for the CLIN, including large business concerns.

Small and large business concerns are encouraged to submit proposals. However, if the Government receives a sufficient number of offers from eligible small business concerns, proposals from large businesses will not be considered for award.

As required by FAR 19.508, this solicitation and the resulting contract incorporate FAR 52.219-6. However, because this is a cascading set-aside, to the extent that FAR 52.219-6 states that it limits competition to small businesses, that limitation applies to only the first tier of the procurement, as described above.

E-5 Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) (Jun 2008)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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 conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

and

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

(b)

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

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

[Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

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

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

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

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

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

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it is, is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues 50 or fewer $1 million or less 51–100 $1,000,001–$2 million 101–250 $2,000,001–$3.5 million 251–500 $3,500,001–$5 million 501–750 $5,000,001–$10 million 751–1,000 $10,000,001–$17 million Over 1,000 Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, 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); or

(B) It has, has not 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 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

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

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

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.

[The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

[List as necessary]

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products:

[List as necessary]

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

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

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

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

(3) Are, are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.

In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1)…