DOL121RQ21408.doc

DOL121RQ21408

CONTINUATION PAGE

B.1 PRICE/COST SCHEDULE

Pricing Specifications for Sizes and Moldings – Year One (04/01/2012 – 03/31/2013)

Basic Framing: (includes standard glass and single matte options)

Superior Framing: (includes standard glass and single matte options)

Pricing Specifications for Sizes and Moldings During – Year Two (04/01/2013 – 03/31/2014)

Pricing Specifications for Sizes and Moldings – Year Three (04/01/2014 – 03/31/2015)

Pricing Specifications for Sizes and Moldings – Year Four (04/01/2015 – 03/31/2016)

Pricing Specifications for Sizes and Moldings – Year Five (04/01/2016 – 03/31/2017

B.2 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

1 1.00 04/1/2012 – 03/31/2017 SHIP TO : Office of Public Affairs

U.S. Department of Labor

200 Constitution Ave NW

Washington, DC 20210

MARK FOR: TO BE DETERMINED

SECTION C – STATEMENT OF WORK

PROFESSIONAL FRAMING

1.0 INTRODUCTION/SCOPE OF WORK

The Department of Labor, Office of Public Affairs (OPA), Division of Audiovisual Communication Services (DAVCS) seeks the services of a professional framing company to perform a variety of framing assignments. These generally include: certificates, portraits, multiple photos and documents in one frame, etc. The offeror is required to have a wide variety of frames from which DAVCS can choose. In practice, DAVCS generally tries to standardize the types of frames used for portraits, photos, and certificates.

2.0 STATEMENT OF WORK

2.1 The Department of Labor, Office of Public Affairs (OPA), DAVCS has a need for a contractor for professional framing services performed off-site.

2.2 The contractor shall produce a wide variety of framing products and services, which include, but are not limited to the following: a wide variety of matte sizes and colors, wood and metal frames as well as choice of glass.

2.3 The DAVCS will price out the framing job per the contract, and call the vendor for pick up of the items to be framed.

2.4 DAVCS will provide a job slip (Attachment 1) with pertinent information (i.e., size frame, glass, matting, etc.). The vendor will concur with the price per the contract before proceeding with the framing.

2.5 The contractor will provide a delivery date on or before the DAVCS due date.

2.6 The contractor shall deliver the finished frame to the DAVCS, and obtain a signature from DAVCS to verify delivery of items. Items can only be sent by courier, or hand delivered. If hand delivered, contact Gloria Ruffin, at 202-693-4688, to gain access to the DOL Frances Perkins Building (FPB) building.

2.7 Portraits shall be sealed with paper and have a hook and wire hanger placed on the back.

2.8 Photographs shall be sealed with paper and photo tags on back.

2.9 The contractor will provide a variety of matting options including solid color mattes, textured mattes, double matting (inner and outer matte color differentiations). Furthermore, the contractor shall demonstrate the use of archival high quality matting such as Bainbridge, Crescent, Ultimat or equivalent professional matting.

2.10 The contactor shall demonstrate the ability to provide basic framing, which includes a single matte, double matte, regular glass and wood or metal frames, from which the DOL agency may choose. The contractor shall provide a choice of wooden frames - including black, walnut and gold leaf. The contractor shall provide a choice of metal frames – including black, silver and gold.

2.11 The contractor shall demonstrate the ability to provide superior framing, which includes a selection (six or more) of decorative frames in wood and metal, from which the DOL agency can choose. The contractor shall provide samples of such decorative frames to DAVCS when responding with their proposal to the solicitation of the contract. Samples should be submitted in a manner, which maintains the optimum condition of the products. If awarded the contract, the contractor’s quality of products will meet or exceed those samples provided in the initial proposal.

2.12 If awarded the contract, the contractor shall provide DAVCS with a display board of sample frames (basic and superior) from which the DOL agency can choose. This display board shall be updated annually by the contractor should certain frames be discontinued.

3.0 DELIVERABLES

3.1 The contractor shall be able to turn around work in two business days.

3.2 The contractor must be able to adapt their operations for the rapid response occasionally required by DAVCS. The contractor must be able to handle rush framing jobs of pictures or certificates with a one day turnaround time as well as rush orders with an overnight turn around time.

SECTION D – CONTRACT CLAUSES

D.1 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JUNE 2010)

As prescribed in 12.301(b)(3)

ADDENDUM

FAR 52.212-4(g), Invoice

a. Designated Billing Office:

The Contractor shall submit invoices, original and one (1) copy to:

OASAM Branch of Invoice Payment

ROOM S5526

U. S. Department of Labor

200 Constitution Avenue, NW

Washington, D.C. 20210

The Contractor shall submit one (1) additional copy to the COR:

OFFICE OF PUBLIC AFFAIRS

U S Department of Labor

Email to:

Attn: TO BE DETERMINED AT TIME OF AWARD OR

TO BE DETERMINED AT TIME OF AWARD

200 Constitution Ave, NW

Washington, DC 20210

b. Supplemental Invoicing Requirements

In addition to the item required in Section A clause FAR 52.213-2, a proper invoice must also include the following minimum additional information and/or attached documentation:

(1) Separate and distinct invoice number;

(2) Total charges for the billing period;

(3) All dates upon which services were rendered;

(4) Cumulative expenditures through the billing period; and

(5) A statement signed by the responsible official of the concern substantially similar if not identical to the following:

I certify that the services identified in this invoice have been performed in accordance with the contract and those personnel, labor hours, and/or other costs are true, correct, and have not been previously billed.

Contractor’s Name and Signature

c. Interest on Overdue Payments

The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this contract and requires the payment to contractors of interest on overdue payments and improperly taken discounts.

Invoicing

(1) Invoices shall be submitted concurrently to the payment office, the COTR, and the Contracting Officer with all required supporting documentation by the 10th day of each month.

(End of Clause)

D.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011)

As prescribed in 12.301(b)(4)

(a). The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses which are incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(b). The Contractor shall comply with the FAR clauses in this paragraph that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items

(End of Clause)

D.3 52.216-18 Ordering (OCT 1995) As prescribed in 16.506(a)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 1, 2012 through March 31, 2017.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause) d.4 52.216-22, INDEFINITE QUANTITY (OCT 1995)

As prescribed in 16.506(e)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after March 31, 2017 .

(End of Clause)

D.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

As prescribed in 52.107(b)

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

http://farsite.hill.af.mil

(End of Clause) D.6 DOLAR 2952.201-70 Contracting Officer's Technical Representative (COTR) (May 2004)

(As prescribed in DOLAR 2901.603.71)

(a) TO BE DETERMINED AT TIME OF AWARD is hereby designated to act as contracting officer's technical representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

(End of Clause)

SECTION E – SOLICITATION PROVISIONS

E.1 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

PROPOSAL SUBMISSION. The offeror’s proposal shall consist of three separate volumes with one original copy of each volume. The Volumes are I-Technical, II-Price, III-Solicitation, Offer and Award Documents and Certifications/Representations. Files shall not contain classified data. The intent of this standardized format is not to limit creativity. Creativity is permitted within the parameters below to allow the Government a more fair and easy assessment of offers. There is an 50 page limitation for the proposal. In addition, each offeror’s proposal shall be submitted electronically.

Questions regarding this solicitation must be submitted in writing only to Ms. Sheila Thompson via email at: Thompson.sheila@dol.gov. Questions must be submitted not later than 17 February 2012 1:00PM EST. Responses to questions submitted, if/as appropriate, will be responded to via an amendment to the solicitation only.

Format. The submission shall be clearly indexed and logically assembled. Each volume shall clearly be identified and shall begin at the top of a page. The offeror is required to provide three sanitized and an unsanitized version of each volume. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created using the Table of Contents feature in MS Word. MS Word (.doc) files shall use the following page setup parameters.

Margins – Top, Bottom, Left, Right – 1”

Gutter – 0”

From Edge – Header, Footer – 0.5”

Page Size, Width – 8.5”

Page Size, Height – 11”

The following additional restrictions apply: Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. New Times Roman fonts are required. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape.

b. File Packaging. Written proposals shall be submitted in four volumes, as outlined above, Proposal Submission. Offerors shall attach a cover sheet to the outer cover of each volume, which clearly identifies each volume-by-volume number, volume name, and copy number (i.e., Volume I, Technical, copy 2 of 3), Request for Quote (RFQ) number, and date of submission. Use tab indexing to identify all sections within a particular proposal volume. Do not include writing on the tab index page other than that required to identify the particular section.

c. Page Count. The page count is as follows:

Those pages that exceed the page counts for each volume or attachment will not be evaluated. If there are more than forty-five (45) lines of text on any page, the sum of the additional lines will be removed from back to front of the particular volume or attachment and will not be evaluated.

d. Content Requirements. All information shall be confined to the appropriate volume. The offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. Each volume of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the volume. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

(i) VOLUME I –TECHNICAL APPROACH- The proposal will be evaluated to determine whether the offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation and whether the offeror’s methods and approach to meeting the solicitation requirements provide the Government with a high level of confidence of successful completion within the required schedule. No pricing information is to be provided in the Technical Proposal.

Sub-factor 1 – TECHNICAL APPROACH –The offeror shall submit a quote that outlines available products and services as well as demonstrates high quality work and acceptance of the Statement of Work. The offeror shall delineate their technical ability and relevant expertise to perform the work described in the SOW. The offeror’s proposal of this subfactor is limited to five pages.

Sub-factor 2 – ABILITY TO MEET TIMEFRAME REQUIREMENTS – The offeror shall have off-site facility equipment and personnel capabilities to meet timeframe requirements specified in the SOW. The offeror must be able to adapt their operations for the rapid response to projects required on a weekly and sometimes daily basis. The offeror’s quote of this sub factor is limited to two (2) pages.

Sub-factor 3 – SUBMISSION OF SAMPLE PRODUCTS - The offeror shall submit a summary of work experience of a similar nature, scope, complexity, and difficulty to that which will be performed under the prospective contract contemplated by this solicitation.

Sub-factor 4 – PAST EXPERIENCE. The offeror shall provide a sample list of previous events and orders that have been processed. The offeror’s list is limited to one (1) page.

(ii) PAST PERFORMANCE.

If an Offeror has no single project that encompasses all types of the required experience, the Offeror may: (i) Show relevant experience through a combination of projects that together show that work has been accomplished that is consistent in scope and complexity with the SOW; (ii) Show relevant experience through personnel who are proposed to work on the contract that have had the required experience with another company.

Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and, as a result, will receive a neutral rating for the Past Performance factor. For Offerors with no relevant performance record, the Government may consider relevant performance information regarding key personnel.

The absence of past performance data will be rated neither favorable nor unfavorable. Contracts listed may include those entered into with Government agencies or private sectors. For contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance, or subcontractors that will perform key aspects of the requirement.

The offeror shall demonstrate successful past performance and relevant past performance of the offeror as evidenced by information gathered concerning the identified list of contracts completed during the past three (3) years and those currently in process for similar work. The offeror shall include client names, addresses, telephone numbers, contract persons, and the nature of the work performed.

A Contractor Performance Evaluation Survey. For each individual past performance synopsis provided in response to the above section, the Government intends to survey the Government contacts listed, and have those persons, or their designated representatives provide a past performance evaluation of the offeror.

(iii) VOLUME II - PRICE. The offeror shall complete the Schedule of Supplies/Services page(s) of the Standard Form (SF) 1449, of the solicitation with pricing for each year.

(iv) VOLUME III - SOLICITATION, OFFER AND AWARD DOCUMENTS AND CERTIFICATIONS/ REPRESENTATIONS. Certifications and Representations (FAR 52.212-3) - Each offeror shall complete (fill-in and signatures) the solicitation sections indicated below using the file (without modification to the file) provided with the solicitation. An authorized official of the firm shall sign the SF 1449 and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.

DELIVERY OF OFFERS

1. The RFP due date is listed in block 8 of the SF1449. Offers shall be submitted proposals to Sheila Thompson, Contracting Officer at Thompson.sheila@dol.gov.

(End of Addendum to 52.212-1)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a) Definitions. As used in this provision--

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates a single award of Firm Fixed Price, Indefinite Delivery – Indefinite Quantity (IDIQ) Blanket Purchase Agreements resulting from this solicitation. However, the Government reserves the right to award a single award if it is determined to be in the best interest of the Government.

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Labor

200 Constitution Ave. NW

Room #: S-4307

Washington, DC 20210

Mailing Address:

Department of Labor

200 Constitution Ave. NW

Room #: S-4307

Washington, DC 20210

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

E.5 ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

Basis for Award: The Government will award one or multiple awards, a fixed-price, Indefinite Delivery, Indefinite Quantity Blanket Purchase Agreement from this solicitation to the responsible offeror whose offer conforming to the solicitation is most advantageous to the Government based on the best overall proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three evaluation factors: {Technical, Past Performance, and Price}. Factor I, Technical is significantly more important than Factor II, Past Performance. All sub-factors under Factor I, Technical are of equal importance.

The evaluation factors other than cost or price, when combined, are significantly more important than price. However, price will become significantly more important as non-price factors approach equality. Offerors are cautioned that the award may not necessarily be made to the lowest price offered. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical features. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for each evaluation factor or subfactor.

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

FACTOR I. TECHNICAL

Sub-factor 1 – TECHNICAL APPROACH –The Government will evaluate the offerors understanding of the Technical Approach in accordance with the Statement of Work.

Sub-factor 2 – ABILITY TO MEET TIMEFRAME REQUIREMENTS – The Government will evaluate the offerors off-site facility equipment and personnel capabilities to meet timeframe requirements specified in the SOW. The offeror must be able to adapt their operations for the rapid response to projects required on a weekly and sometimes daily basis.

Sub-factor 3 – SUBMISSION OF SAMPLE PRODUCTS - The Government will evaluate the sample products submitted in accordance with Section 2.12 of the Statement of Work.

Sub-factor 4 – PAST EXPERIENCE. The offeror shall provide a sample list of previous events and orders that have been processed. The offeror’s list is limited to one (1) page.

FACTOR I. PAST PERFORMANCE

The Government will evaluate the demonstrated past performance and relevant experience of the offeror as evidenced by information gathered concerning the identified list of contracts completed during the past three (3) years and those currently in process for similar work. The offeror shall include client names, addresses, telephone numbers, contact persons, and nature of work performed.

FACTOR II – PRICE

The Government will evaluate the prices submitted for all available framing services. The award will be made to the offeror(s) whose offer is determined to be the best overall to the Government, price and other non-cost factors considered. Technical and past performance, when combined, are significantly more important that price.

Adjectival Ratings. Proposals will be adjectivally rated against each of the evaluation factors set forth in this plan and in the solicitation. Adjectival ratings for Factors I, Technical, will be Acceptable and Unacceptable as defined below. No adjectival ratings will be used to evaluate Factor II, Price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Addendum to 52.212-2)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (JAN 2011)

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 (o) 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.

"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).

"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 (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.

"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

(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 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 .

(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 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

(ii) It [ ] is, [ ] 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 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 $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 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 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 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 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, 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 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, Moroccan, Omani, or Peruvian 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, Moroccan, Omani, or Peruvian 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, 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:

Line Item No. Country of Origin

[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…