Amend 17.doc

BAA 03-05-PRK AMENDMENT17

BROAD AGENCY ANNOUNCEMENT (BAA) NUMBER

BAA 03-05-PRK

POWER AND THERMAL TECHNOLOGIES FOR AIR AND SPACE (PTTAS)

AMENDMENT 17 AND

CALL FOR PROPOSALS

RECOVERY – Domestic Energy Supply Distribution/Fuel Cells CURRENT CALL TITLE: 50W Soldier Portable Fuel Cell System TECHNICAL POC: The technical POC for this call is: 2Lt Mark Roosz, AFRL/RZPS, Phone (937) 255-0654, e-mail: mark.roosz@wpafb.af.mil; USPS mail address: AFRL/RZPS, 1950 Fifth Street, Bldg. 18, WPAFB, OH 45433-7919.

CONTRACTING POC: Douglas Harris, Contracting Officer, AFRL/PKPA, (937) 255-5499, e-mail: douglas.harris@wpafb.af.mil; USPS mail address: AFRL/PKPA, Bldg 167, 2310 8th St., Wright-Patterson AFB, OH 45433-7801.

PROPOSAL DUE DATE AND TIME: 05 November 2009, 3:00 P.M. Eastern Standard Time.

****NOTICE:***** Proposals received after the due date and time shall be governed by the provisions of FAR 52.215-1(c)(3).

Proposals should be submitted only to the following Contracting Point of Contact (POC) : Douglas Harris, AFRL/PKPA, Bldg 167, 2310 8th St., Wright-Patterson AFB, OH 45433-7801. Proposals may NOT be submitted electronically. Any proposals received electronically will be rejected.

PART 1:

INTRODUCTION:

The Power Division (AFRL/RZP) of the Air Force Research Laboratory Propulsion Directorate is currently soliciting proposals under Broad Agency Announcement (BAA) 03-05-PRK in the area of Power Generation Technologies; and Energy Storage. This call (Amendment 17) is seeking proposals for “50W Soldier Portable Fuel Cell System.” Details for the technical aspects of this call are contained in PART 5 of this Amendment Detailed information on the over arching Power and Thermal Technologies for Air and Space (PTTAS) program is provided in the initial BAA announcement. The initial solicitation and subsequent amendments also provide detailed information and instructions concerning award information, proposal preparation instructions, data requirements, basis for award, and evaluation category definitions. Interested offerors may view and/or download the full text of the BAA 03-05-PRK with all amendments by accessing the Federal Business Opportunities (FedBizOpps) homepage at https://www.fbo.gov/index?cck=1&au=&ck=. Offerors are notified that BAA-03-05-PRK “Introduction” Section A through Section E, and Part 2 “Contract Data Requirements List” (CDRL) govern this call for proposals. Changes to any part of the foregoing are identified in this amendment. Accordingly; offerors are strongly encouraged to review the entire solicitation, including all amendments, prior to preparing and submitting a proposal for the current call.

PART 1 SECTION D- BASIS FOR AWARD

The selection for award will be based on an evaluation of each offeror’s proposal (both technical and cost/price aspects) to determine the overall merit of the proposal in response to the announcement. The technical aspect, which ranks as the first order of priority shall be evaluated using the criteria shown below which are considered equal in importance.

1. Paragraph b. Technical Evaluation Criteria for basic ID/IQ contracts, set forth in the basic announcement and repeated here for clarity, shall apply to this call for proposals.

(1) The proposal must reflect an understanding of the overall technical scope of the technology area

(2) The proposal must reflect a sound technical approach

(3) The proposed concept/idea must have technical merit and be relevant to Air Force needs

(4) The proposal must identify the management and organization of technical personnel and indicate that procedures are available to monitor and control the budget and schedule

2. Paragraph c. Technical Evaluation Criteria for Delivery Orders, set for in the basic announcement and repeated here for clarity, shall apply to this call for proposals.

(1) The proposal must reflect a new and creative solution that clearly demonstrates technical or scientific merit and be highly relevant to Air Force needs

(2) The proposal must reflect a sound technical approach

(3) The proposal must indicate that competent experienced engineering, scientific and technical personal are available to support the program and that necessary research/ test/ laboratory facilities are available

(4) The proposed Statement of Work (SOW) must be clear, well organized and reflect that the offeror understands the scope of the technical effort

(5) The proposal must indicate that the offeror has quality experience with the technology to be developed

3. Recovery -- Demonstration of economic benefit in the United States (for example: U.S. jobs created or saved; U.S.-sourced manufacturing of materials, supplies, and components; energy independence; or other aspects of the proposed work resulting in economic benefit in the U.S.). Demonstration of economic benefit in the United States is a substantial factor, but ranked as the second order of priority

4. Cost/Price Evaluation: Cost/price evaluation criteria are the same for all contract types and assistance instruments. Proposals will be evaluated to determine the reasonableness and realism of the proposed cost and fee and will also consider the proposed budgets and funding profiles. Cost/price is a substantial factor, but ranked as the third order of priority.

5. No other evaluation criteria will be used.

6. Proposal Risk Assessment: Proposal risk will be individually assessed for the technical, cost and schedule areas. Proposal risk relates to the identification and assessment of the risks associated with an offeror's proposed approach as it relates to accomplishing the proposed effort. Tradeoffs of the assessed risk will be weighed against the potential payoff.

PART 4 PROPOSAL EVALUATION CATEGORY DEFINITIONS

1. The following Proposal Evaluation Category Definitions, which were set forth in Amendment14 to the BAA, shall apply to this call for proposals:

i. Category I: Proposal is well conceived, scientifically and technically sound, pertinent to program goals and objectives, and offered by a responsible contractor with the competent scientific and technical staff and supporting resources needed to ensure satisfactory program results. Proposals in Category I are determined to be acceptable, but will be recommended for award based on availability of funds. They are normally displaced only by other Category I proposals.

ii. Category II: Proposal is scientifically or technically sound, but requires further development and may be recommended for award, but at a lower priority than Category I.

iii. Category III: Proposal is not technically sound or does not meet agency needs.

Broad Agency Announcement (BAA)

BAA-03-05-PRK AMENDMENT 17

Part 5 – CURRENT SOLICITATION TOPIC

PROGRAM TITLE: RECOVERY -- 50W Soldier Portable Fuel Cell System ANTICIPATED AWARD DATE: 07 December 2009 TYPE OF AWARD: The Government intends to award two to three Indefinite Delivery/Indefinite Quantity (ID/IQ) type contracts for this effort. The Government reserves the right to select for award any, all, part or none of the proposals received.

This solicitation contains two separate task orders for the 50W Soldier Portable Fuel Cell System program. In addition to a proposal for the basic program, offeror’s must submit a stand alone technical and cost proposal for both of the task orders contained in this solicitation. Both task orders must be proposed to be considered for award.

NUMBER OF AWARDS: The Government anticipates making two to three awards. The Government reserves the right to select for award any, all, part or none of the proposals received.

PROPOSAL PREPARATION INSTRUCTIONS: All proposals must be prepared in accordance with the Proposal Preparation Instructions contained in Part I - Section C of solicitation BAA-03-05-PRK available at the Fed Biz Ops website https://www.fbo.gov/index?s=opportunity&mode=form&id=db051e9c666aa7a0408ed375fa8deb4b&tab=core&_cview=1 WIDE AREA WORK FLOW: NOTICE: Any contract award resulting from this solicitation will contain the clause at DFARS 252.232-7003 “Electronic Submission of Payment Requests,” which requires electronic submission of all payment requests. The clause identifies three possible electronic formats through which to submit electronic payment requests. Pursuant to that clause, the Department of Defense is adopting the Wide Area Work Flow – Receipt and Acceptance (WAWF-RA) system as the preferred electronic method and which will apply any contracts resulting from this solicitation. Information regarding WAWF-RA, including web-based training and registration, can be found at https://wawf.eb.mil/index.html.

SMALL AND DISADVANTAGED BUSINESS SUBCONTRACTING PLAN: Offerors submitting proposals for contacts are notified that in accordance with Federal Acquisition Regulation (FAR) 19.702, any contract that is expected to exceed $550,000 and that has subcontracting possibilities requires a subcontracting plan. Proposed subcontracting plan must be submitted with the offeror’s proposal. Small business concerns are exempt from this requirement (FAR 19-702(b)).

REPS AND CERTS PACKAGES: Potential offerors are notified that effective 01 Jan 2005 to be eligible for an award, they must submit annual Electronic Representations and Certifications, otherwise known as On-line Representations and Certifications Application (ORCA) via the Business Partner Network (BPN) at https://orca.bpn.gov/. These FAR level representations and certifications are required in addition to the representations and certifications specific to this acquisition. Before submitting the Electronic Representations and Certifications, contractors must be registered in the Central Contractor Registration (CCR) Database. On-line registration instructions can be accessed the DISA CCR home page at https://www.bpn.gov/ccr/default.aspx. In addition, a local representations and certifications package is included with this amendment. Offerors must complete and include this package with your proposal.

OMBUDSMAN: The Ombudsman clause, 5352.201-9101 Ombudsman (Aug 2005) will be contained in any contracts or agreements resulting from this Solicitation. The AFRL Ombudsman is Ms. Karen Hunter, Director of Contracting, AFRL/PK, (937) 255-0432, email: karen.hunter@wpafb.af.mil.

STATEMENT OF OBJECTIVES:

General Description:

This effort will sponsor scientific research and early development of various technologies in the following two major research areas in which problems frequently arise which require unique and innovative solutions: Power Generation, and Energy Storage.

Power Generation -- Research and development in this technology area will focus on demonstrating technologies for electrical power generation for aircraft, spacecraft applications and electrical power generation for soldier portable power applications. Key focus areas include increasing capabilities over present technology, improving reliability of both mechanical and software components, and affordable manufacturability. Existing soldier portable power systems have restrictive reliability limits which this effort will address. Future soldier portable power systems will likely benefit from these improvements as both component as well as system architecture improvements are of interest. Component improvements may include but are not limited to balance of plant, membranes and user interface. Improvements to ruggedization are also highly desired and will have direct applications to future systems.

Energy Storage -- Research and development for the soldier portable power applications shall focus on increased energy density and system reliability, high cycle life and ruggedization. High energy dense power systems reduce overall soldier power system weight. Improvements in system reliability in the areas of component reliability, software stability and overall system ruggedization shall improve the operational viability of this and future systems. Improvements in the area of power density are also of high interest for soldier portable power applications.

This effort will evaluate existing soldier portable technology in the 50W power level and continue to develop this technology in areas including but not limited to ruggedization, reliability, energy/power density and improved startup time. Specific areas for improvement will be evaluated on case by case basis for each technology to allow for the most effective use of funds and to provide the best product to the warfighter. The offerors must be able to demonstrate that a feasible approach exists for improving upon the current state of the art. Mission parameters dictate that any solution should be designed with a 72hr mission in mind. These solutions and/or approaches will involve the types of efforts that are not readily available through either in-house procedures or under existing contracts.

PERIOD OF PERFORMANCE: Ordering Period up to sixty (60) months

Technical effort shall be completed within

Eighty-four (84) months.

ANTICIPATED FUNDING:

The funding profile shown below reflects the anticipated funding for the 50W Soldier Portable Fuel Cell System Program.

Funding in ($M) American Recovery & Reinvestment Act

NOTE: The funding profile outlined above is an estimate only and not a promise for funding as all funding is subject to change due to Government discretion and availability.

DELIVERABLE ITEMS:

Data: In accordance with CDRLs identified below.

Hardware: Determined for each Task Order Effort

Software: Determined for each Task Order Effort

APPLICABLE CDRLS (FOR CONTRACT ONLY):

DOC. No.

FINAL REPORT

IDIQ: At Conclusion of each D.O.

CPFF: At contract completion

50W Soldier Portable Fuel Cell System

APPLICABLE OTHER REQUIREMENTS

Security Classification

Unclassified

ITAR/Export Control PL 98-94

May apply for this effort

Notice to Foreign Owned Firms

Restrictions do not apply for this effort

Offerors are requested to provide a current DD2345 with proposal

Organizational Conflict of Interest

Does not apply for this effort

Government Furnished Property

No government furnished property is anticipated for this effort

Base Support

No base support is anticipated for this effort

Hazardous Material

This effort may involve the use of hazardous materials during performance.

Associate Contractor Provision

Does not apply for this effort

Computer and Network Access Requirements for Users and Equipment

Access to Government computer systems and government computer networks will not be provided

FAR 52.204-11, “American Recovery and Reinvestment Act-Reporting Requirements” (MAR 2009)

FAR 52.215-2, Alternate I, “Audit and Records-Negotiation” (MAR 2009)

Broad Agency Announcement (BAA) Number

BAA-03-05-PRK

Power and Thermal Technologies for Air and Space

AMENDMENT 17

Call for Proposals

50W Soldier Portable Fuel Cell System Program Task Order 0001

PROGRAM: Power and Thermal Technologies for Air and Space – 50w Soldier Portable Fuel

Cell System

TO Title: 50W Fuel Cell Design and Development

TO Background: The potential for soldier portable fuel cells to replace batteries as a high energy dense source on the battlefield is quickly becoming a reality with user pull for a light weight high power energy solution

TO Objective: The objective of this TO is continue development of existing 50W fuel cell technology in the areas of ruggedization, reliability, start up time and other key technology areas.

TO Tasks: Seek to meet the listed objectives while maintaining the current state of the art and exceeding the threshold parameters.

Key Performance Parameters

* MilSpec: MIL-STD-810-F Method 516.5 Procedure IV (transit drop test); Procedure I category 24 and 20 (Minimum Integrity test); Method 506.4, Procedure III (Drip) plus three ft submersion in salt water; Method 510.4, Procedure I (Dust); Method 501.4, Procedures I (Storage) and Procedure II (Operation); Method 503.4. (Thermal shock); Method 500.4, Procedures I (Storage); and II (Operation); DoDD 3222.3 DoD Electromagnetic Environmental Effects (E3) Program, September 7, 2004.

Period of Performance: Technical Effort: 12 months

Final Report: 15 months

Estimated Budget: $1.5M

Government Furnished Property: n/a

Base Support: n/a Deliverables:

Hardware:

1 State of the Art Demonstrator (45 days)

5 Generation 1 units (180 days)

10 Generation 2 units (360 days)

Software: n/a CDRLs:

Broad Agency Announcement (BAA) Number

BAA-03-05-PRK

Power and Thermal Technologies for Air and Space

AMENDMENT 17

Call for Proposals

50W Soldier Portable Fuel Cell System Program Sample Task Order 2

PROGRAM: Power and Thermal Technologies for Air and Space – 50w Soldier Portable Fuel

Cell System

TO Title: 50W Fuel Cell Refinement and Production

TO Background: The potential for soldier portable fuel cells to replace batteries as a high energy dense source on the battlefield is quickly becoming a reality with user pull for a light weight high power energy solution

TO Objective: The objective of this TO is refine the 50W fuel cell delivered in TO 1 to a final product capable of being manufacturable, safe and cost effective

TO Tasks: Maintain or improve upon performance from TO 1 Generation 2 deliverables.

Perform a production cost analysis to lower unit costs.

Develop manufacturing capability for fuel cell production

Period of Performance: Technical Effort: 7 months

Final Report: 10 months

Estimated Budget: $1.5M

Government Furnished Property: n/a

Base Support: n/a Deliverables: Hardware:

50 production fuel cells Software: n/a CDRLs:

Power and Thermal Technologies for Air & Space (PTTAS) –

50W Soldier Portable Fuel Cell System Representations & Certifications for Contracts

I. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated by reference:

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT SOLICITATION PROVISIONS

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009)

II. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS IN FULL TEXT

52.204-08 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

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

(2) The small business size standard is _____ (insert size standard).

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

(b)

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

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

[ ] (i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at

52.222-26, Equal Opportunity.

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

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

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

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

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

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

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

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

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

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

[Contracting Officer check as appropriate.]

_____ (select or state n/a) ----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

_____ (select or state n/a) ------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

_____ (select or state n/a) ------(iii) 52.219-22, Small Disadvantaged Business Status.

_____ (select or state n/a) ------(A) Basic.

_____ (select or state n/a) ------(B) Alternate I.

_____ (select or state n/a) ------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

_____ (select or state n/a) ------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

_____ (select or state n/a) ------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

_____ (select or state n/a) ------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

_____ (select or state n/a) ------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

_____ (select or state n/a) ------(ix) 52.227-6, Royalty Information.

_____ (select or state n/a) ------ (A) Basic.

_____ (select or state n/a) ------ (B) Alternate I.

_____ (select or state n/a) ------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause

Title

Date

Change

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

52.209-02 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS -- REPRESENTATION (JUL 2009)

(a) Definition. “Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

(b) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108).

(c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.

52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“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 suspend.

(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

B. DEFENSE FAR SUPP SOLICITATION PROVISIONS IN FULL TEXT

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2008)

As prescribed in 204.1202, substitute the following paragraph (c) for paragraph (c) of the provision at FAR 52.204-8:

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at https://orca.bpn.gov/. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title

Change

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

252.225-7010 COMMERCIAL DERIVATIVE MILITARY ARTICLE--SPECIALTY METALS COMPLIANCE CERTIFICATE (JUL 2009)

(a) Definitions. “Commercial derivative military article,” “commercially available off-the-shelf item,” “produce,” “required form,” and “specialty metal,” as used in this provision, have the meanings given in the clause of this solicitation entitled “Restriction on Acquisition of Certain Articles Containing Specialty Metals” (DFARS 252.225-7009).

(b) The offeror shall list in this paragraph any commercial derivative military articles it intends to deliver under any contract resulting from this solicitation using the alternative compliance for commercial derivative military articles, as specified in paragraph (d) of the clause of this solicitation entitled “Restriction on Acquisition of Certain Articles Containing Specialty Metals” (DFARS 252.225-7009). The offeror’s designation of an item as a “commercial derivative military article” will be subject to Government review and approval.

(c) If the offeror has listed any commercial derivative military articles in paragraph (b) of this provision, the offeror certifies that, if awarded a contract as a result of this solicitation, and if the Government approves the designation of the listed item(s) as commercial derivative military articles, the offeror and its subcontractor(s) will demonstrate that individually or collectively they have entered into a contractual agreement or agreements to purchase an amount of domestically melted or produced specialty metal in the required form, for use during the period of contract performance in the production of each commercial derivative military article and the related commercial article, that is not less than the Contractor’s good faith estimate of the greater of—

(1) An amount equivalent to 120 percent of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or

(2) An amount equivalent to 50 percent of the amount of specialty metal that will be purchased by the Contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.

(d) For the purposes of this provision, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military articles.

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

(a) Definitions. As used in this provision-

(1) "Foreign person" means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.

(2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) "United States person" is defined in 50 U.S.C. App. 2415(2) and means-

(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.

(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it-

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS (JUN 1995)

(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation--

(1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data--Noncommercial Items clause, or, if this solicitation contemplates a contract under the Small Business Innovative Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovative Research (SBIR) Program clause.

(2) If a successful offeror will not be required to deliver technical data, the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation contemplates a contract under the Small Business Innovative Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovative Research (SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovative Research Program, the notification and identification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.

(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software.

The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:

Technical Data or

Computer Software

Asserted

Name of Person to be Furnished

Basis for

Rights

Asserting

With Restrictions* Assertion** Category*** Restrictions****

*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation identify the software or documentation.

**Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

****Corporation, individual, or other person, as appropriate.

*****Enter "none" when all data or software will be submitted without restrictions.

Printed Name and Title

Signature

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it--

____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

END OF CERTIFICATIONS FOR CONTRACTS