ATCH 3 Provisions and Clauses.pdf

Instructions to Offerors

ADDENDUM TO FAR 52.212-1 - INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2020)

This addendum to FAR Provision 52.212-1, INSTRUCTIONS TO OFFERORS (Oct 2018) replaces the below referenced paragraphs and provides information on the format and content of the quotation package and what items need to be submitted.

(a) The solicitation requirements shown below are in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. The complete quotation shall consist of three (3) separate volumes:

(A) VOLUME I – TECHNICAL CAPABILITY

(B) VOLUME II – PRICE

(C) VOLUME III – PAST PERFORMANCE

(b) The offeror shall prepare the quotation as set forth under "Quotation Organization" below. The titles and contents of the volumes shall be as defined below, all of which shall be within the required page limitation as specified. Pages exceeding the page limitations set forth below will be removed from the quotation and will not be read or evaluated and may render the quotation unacceptable. Offerors shall apply all appropriate markings to the quotation including those prescribed in FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Quotation Information and Source Selection Information.

Quotation Organization:

Volume I

- Certifications

- Technical Capability consisting of: Past Experience (Page Limit 5)

Volume II

- Price Schedule on provided bid sheet (ATCH 2- Bid Schedule)

Volume III

- Past Performance (Page Limit 5)

(b)(1) The time specified in the solicitation for receipt of offers:

(i) Complete quotations must be received no later than 1600 hrs (42:00 P.M.) Central European Time (CST) on 19 June 2021. Offerors shall verify receipt of any emailed quotation with the contracting point of contacts listed below.

(ii) Delivery Methods: Hand-delivery, FAX and mail quotations WILL NOT be accepted. Volumes may be delivered via email to:

venice.pamparo.1@us.af.mil and karen.stansbury@us.af.mil. It is the responsibility of the offeror to ensure the Government PoCs receive the quotation in its entirety -- prior to the close date and time. (May require multiple transmissions if large-size attachments are included, see paragraph (d) Late submissions, modifications, revisions, and withdrawals of offers below.)

(iii) IAW FAR Subpart 4.8., Government Contract Files, the Government will retain a copy of all unsuccessful quotations.

(b)(2) Technical

(i) Information the offeror deems appropriate to address for the technical criteria should be included in the quotation consistent with the evaluation criteria for award set forth in FAR Provision 52.212-2 of this solicitation. Quotation paragraphs shall correspond to the below evaluation factors and pertinent Performance Work Statement paragraphs (where referenced). To facilitate the evaluation, the information contained in Volume I shall be specific, detailed, and clearly demonstrate the offeror's past experience as specified while staying within the specified page limitation.

VOLUME I, TECHNICAL CAPABILITY - Offerors are required to submit the following:

1. Certifications – Offerors shall submit with the quote a copy of:

a.) Disposal Certification (Entsorgungsfachbetrieb IAW KrQ-AbfG) certified according to Germany’s water law specialized certified company (Fachbetrieb) IAW WHG paragraph 62 and SwSV paragraph 62.

Offerors who fail to submit the above listed certificate are not eligible for award, regardless of price, technical and past experience and evaluations IAW FAR 52.212-2, Evaluation – Commercial Items.

2. Past Experience - Offerors shall submit evidence of at least one (1) continuous year of contract performance entirely within the previous five (5) years from the issuance date of this solicitation, where the offeror is/was responsible for the performance of relevant Emergency Spill Cleanup of Hazardous substance services response. Relevant performance is defined as services that are similar to the services and tasks described in the Performance Work Statement (PWS). Please note, the same contracts used as evidence for Past Experience may also be used for Past Performance.

Include the following information for each contract/subcontract referenced:

a. Name of contracting activity or commercial customer;

b. Contract/Reference Number;

c. Complete description of the work performed;

d. Performance Period;

(b)(3) Price

VOLUME II - PRICE

(i) Offerors shall complete the attached bid schedule and insert a unit and extended price for each CLIN as listed within the CLIN schedule of this solicitation. Potential rounding shall be limited to two (2) digits after the decimal. The attached bid sheet will have locked formulas to prevent any rounding errors. Total amounts of the overall grand total shall be inclusive of all CLINs. All prices shall be submitted in EURO currency. Offers not submitted in EURO and offers for partial or incomplete CLINs may not be considered for award.

(ii) The Contracting Officer (CO) has determined there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the CO will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists;

offerors may be required to submit information to the extent necessary for the CO to determine the price fair and reasonable.

(b)(4) Offerors are required to complete the provisions for Representations and Certifications for 52.212-3 with all appropriate blocks filled-in and provide a document listing the name, title, and telephone number of those individuals authorized to make decisions on behalf of the company and can negotiate with the government.

(b)(5) Acknowledged Solicitation Amendments. Offerors are required to provide all executed Standard Forms 30, or other appropriate amendment acknowledgments (if applicable) to the contracting point of contacts listed in (b)(2)(ii) above.

(b)(6) Past Performance

VOLUME III - PAST PERFORMANCE

(i) Offerors shall provide a listing of up to three (3) references of recent and relevant contracts with their offer. If the offeror uses a contract with task orders, one (1) task order is considered one contract for the purpose of Past Performance evaluation. Recent is defined as being entirely performed within the last three (3) years from date of issuance of this solicitation for a minimum of one (1) year. Relevant is defined as similar type of work and major tasks as contained in the PWS.

(ii) If services were performed as a subcontractor, teaming partner, and/or joint venture, state the overall contract value and associated subcontract value.

In addition, the contractor shall provide past performance information on any subcontractor, teaming partner, and/or joint venture partner who is anticipated to perform twenty-five (25) percent or greater of the effort based on the total estimated price, or who will perform efforts that are critical to the overall successful performance. The Government may consider reviewing individual past performance of joint venture partners. In order to facilitate the past performance assessment process, a Subcontractor Consent Form, Attachment 2, shall be completed to allow the Government to discuss past and present performance information with the prime contractor during the selection process.

(iii) Each Past Performance reference should include:

(A) Name of commercial customer or contracting activity;

(B) Point of Contact (POC) name, valid phone number and valid email address;

(C) Contract title/Contract identification number;

(D) Location;

(E) Annual Contract Value/Amount (Euro) and Total Contract Value/Amount (Euro);

(F) Period of Performance;

(G) Description of Requirement;

(H) Verified, up-to-date name, address, email & telephone number of the Contracting Officer other Point of Contact.

(iv) The offeror shall send the past performance questionnaire(s) at Attachment 4 to the POC of the commercial customer and/or contracting activity identified at paragraph (b)(10)(iii) for completion. Upon completion of the questionnaires, the questionnaires shall be returned directly from the referenced commercial customer and/or contracting activity by email to venice.pamparo.1@us.af.mil and karen.stansbury@us.af.mil. Offerors are responsible to ensure that their reference sources receive, complete, and return the questionnaires to the 700th Contracting Squadron. It is the offeror's responsibility to ensure all questionnaires are forwarded to the 700th Contracting Squadron by the due date for receipt of quotations. In the evaluation of Present and Past Performance, the Government will consider the information provided through the questionnaires, as well as information obtained from other sources, such as, but not limited to, the Contractor Performance Assessment Reporting System (CPARS). When a completed PPQ is inconsistent with the CPARS rating, the CPARS will take precedence.

(b)(7) Submittals: The offeror's quotation shall include a signed copy of the ATCH 2 – Bid Schedule.

(i) Offers shall submit with a page number at the bottom of each page of each volume (i.e. page 1 of 20, 2 of 20 etc.). The page limitation for all volumes is inclusive of all material except the title page and table of contents and shall not exceed the page limitations specified under "Quotation Organization" above, when viewed in Times New Roman, 12 pt.; the page size shall be 8.5 x 11 inches, or DIN A4 with a 1-inch margin all around.

Any/ all pages received beyond the limitation as identified under "Quotation Organization" above will not be evaluated. No material may be incorporated by reference. Each volume shall contain a table of contents.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Late submissions, modifications, revisions, and withdrawals of offers.

(d)(1) - Deleted.

(d)(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of quotations.

When transmitting through an electronic commerce method authorized by the solicitation, it must be received in the stated addressees' email inboxes not later than 1600 hrs (4:00 P.M.) CEST on the quotation closing date and the addressees must be able to open the email and all attachments in a readable format (PDF, Microsoft (MS) Word 2010, MS Excel 2010, MS Power Point 2010, or later versions, as applicable). Offerors are cautioned to consider when submitting their quotation that (1) due to firewall issues some attachments may be stripped; and (2) some attachments are too big and may be blocked. It is the offeror's responsibility to allow for sufficient time for the quotation to clear all of the Agency's email servers. For the purpose of electronically transmitted quotation receipt, the quotation is determined to be "under the Government's control" when it is in the addressee's email inbox, no other Government point of entry, including all email servers, will be acceptable.

(e) Multiple awards: Deleted.

(f) The acquisition procedures to be used for this acquisition will be in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13.5, Simplified Procedures for Certain Commercial Items.

(g) All questions regarding this solicitation are due in writing by 1600 hrs (4:00 P.M.) CET on 04 June 2021.

Questions must be submitted in writing to venice.pamparo.1@us.af.mil and karen.stansbury@us.af.mil. The

Government has no obligation to answer any questions received after the due date and time. All timely questions will be answered officially through posting to Contract Opportunities/SAMbeta.GOV (https://beta.sam.gov/).

(h) Offerors may submit modifications to their quotations at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before the established closing date and time.

(i) Offerors are cautioned that all required quotation information must be received by the quotation due date and time as shown in block 8 of the Solicitation, SF1449, otherwise the quotation may be considered nonresponsive, and may not be considered or evaluated.

NOTES:

Offerors are requested to point out to the Contracting Officer any errors, discrepancies, omissions or unsound, flawed and/or unclear language in this solicitation and any attachments thereto.

(End of addendum)

52.212-2 Evaluation - Commercial Items.

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) quotation with acceptable past performance.

Evaluation Factors:

1) FACTOR 1 – TECHNICAL CAPABILITY:

Sub-factor 1: Certifications

Sub-factor 2: Past Experience

2) FACTOR 2 – PRICE

3) FACTOR 3 – PAST PERFORMANCE

(b) Offerors will be evaluated on written documentation provided in accordance with paragraph (b)(2) of the Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items.

Technical acceptability is based on successfully meeting these requirements. The ratings applied to Technical

Capability will be "Acceptable" or "Unacceptable" as defined below:

RATING:

- Acceptable: DEFINITION: Quotation meets the minimum requirements of the solicitation.

- Unacceptable: DEFINITION: Quotation does not meet the minimum requirements of the solicitation.

***Offerors must have an "Acceptable" rating for TECHNICAL CAPABILITY - Past Experience to be considered for award.***

(1) Factor 1 - Technical Capability

Sub-factor 1: Certifications – Offerors shall submit with the quote a copy of:

a.) Disposal Certification (Entsorgungsfachbetrieb IAW KrQ-AbfG) certified according to Germany’s water law specialized certified company (Fachbetrieb) IAW WHG paragraph 62 and SwSV paragraph 62.

Offerors who fail to submit the above listed certificate are not eligible for award, regardless of price, technical and past experience and evaluations IAW FAR 52.212-1, Instructions to Offerors – Commercial Items.

***Failure to submit certifications will eliminate your quote from further evaluation and make your quote ineligible for contract award***

Sub-factor 2: Past Experience. This factor is met when the offeror provides proof of at least one (1) continuous year of contract performance entirely within the previous five (5) years from the issuance date of this solicitation, where the offeror is/was responsible for the performance of relevant Emergency Spill Cleanup of Hazardous Substances as defined in the PWS and IAW (b)(2)(i)(2) FAR 52.212-1, Instructions to Offerors - Commercial Items.

(2) Factor 2 - Price. The offer will be evaluated on the total price of all CLINs. Award will be made on an "ALL OR- NONE" basis. Failure to include a unit price and extended amount for each CLIN within the CLIN schedule of the solicitation may exclude the offeror from further consideration for award. Price is determined by multiplying the unit price by the estimated quantity of each CLIN. The Estimated Amounts of all CLINs for all Option Periods represent the total proposed price.

For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, 50% of the prices proposed for the last option period will be included in the Total Evaluated Price (TEP). The offeror's TEP will be calculated by adding the base period and all options, to include the option available under 52.217-8. Only EURO currency offers will be accepted. The TEP will be evaluated for fair and reasonableness IAW FAR 15.404-1. The Government reserves the right to obtain other than cost or pricing data if deemed necessary by the Contracting Officer.

The Government will rely on the unit price, as proposed by the offeror, multiplied by the estimated quantity to correct any apparent arithmetic discrepancies in the Estimate Amount for each CLIN. The totals calculated by resolution of the arithmetic discrepancies listed above will represent the Total Evaluated Price. These procedures will not be used if the Total Evaluated Price displaces the low offeror. Discussions may then be conducted.

(3) Factor 3 - Past Performance. Offerors must receive an "Acceptable" rating to receive an award. This rating is based on recent and relevant present and past performance information. The following ratings will be applied:

RATING:

- Acceptable: DEFINITION: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.)

- Unacceptable: DEFINITION: Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "Acceptable."

Past Performance information may be obtained, but not limited to, the following sources:

a. Past Performance Questionnaires (PPQs)

b. Past Performance Information available from other sources such as, but not limited to, the Contractor Performance Assessment Reporting System (CPARS) rating. When a completed PPQ is inconsistent with the CPARS rating, the CPARS will take precedence.

The standard for an "Acceptable" past performance rating is met when recent and relevant past performance information as defined in the Addendum to FAR 52.212-1, submitted by the offeror and/or the information found by the Government is evaluated indicating successful performance history.

Exceptional, Good, and Satisfactory performance as indicated on the PPQ, CPARs or obtained from any other source deemed necessary by the Government will receive an "Acceptable" rating.

(4) Award Process. The Government intends to award to the responsible offeror submitting the Lowest Price Technically Acceptable (LPTA) offer in accordance with the Federal Acquisition Regulation (FAR) Parts 12 and 13.5 that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-cost factors/subfactors. All non-cost factors and subfactors will be rated as either acceptable or unacceptable. In order to be considered for award, there must be an acceptable rating in every non-price factor/subfactor. In other words, a rating of unacceptable for any factor or subfactor will result in the entire offer being rated unacceptable. The evaluation process is as follows:

1. The Government will rank the offerors from lowest to highest total evaluated price.

2. Next, a technical and past performance evaluation will be performed beginning with the lowest priced offerors. Evaluations will stop when two technically acceptable quotes receive an acceptable past performance rating for price comparison purposes. Only those offerors determined to be technically acceptable with an acceptable past performance rating, either initially or as a result of discussions, will be considered for award.

3. A fair and reasonable determination will be made for the lowest-priced, technically acceptable Quotation with acceptable past performance.

(5) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). NOTE: Pricing for the option periods will be evaluated for use under Federal Acquisition Regulation clauses 52.217-8 and 52.217-9. For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, 50% of the prices proposed for the last option period will be included in the Total Evaluated Price (TEP).

(6) Notice of Award. A written notice of award or acceptance of a quote will mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote. IAW FAR 13.005 acceptance can be in writing or upon start of performance.

(End of provision)

Clauses Incorporated by Full Text

52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items. - (Alternate I) 2020-03

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 2020)

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

(a) Definitions. As used in this provision-

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women- owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

http://www.sam.gov/

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10)PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.

L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"-

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

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

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

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

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

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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 least51 percent of the stock of which is owned by one or more women; and

(2) 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 in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) 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 electronically on SAM.]

(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 http://www.sam.gov/ 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 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, that it is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(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 not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) 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.

(9) 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:

(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-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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and is not a HUBZone 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 each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror represents that-has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-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 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 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-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 for other than COTS items, 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,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-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-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-

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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "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- Free Trade Agreements-Israeli Trade Act."

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or http://uscode.house.gov/

Israeli End Products:

(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-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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product."

Other Foreign End Products:

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

(2) Buy American-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-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

(3) Buy American-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-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American- Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) 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)(5)(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:

(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 statute. 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 $3,500 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 Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to…