Sol Gown For FBO 4-22.doc

Section SF 1449 - CONTINUATION SHEET

ADDENDA TO 52.212-1

ADDENDA TO 52.212-1

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (Nov 2007)

ADDENDA TO 52.212-1:

Addenda to 52.212-1(b) Submission of Quotes. The paragraph is tailored as follows:

1. Paragraph (b). The second sentence is deleted and replaced with the following: “Quotes must be submitted on the SF 1449 and accompanied by all requested items elsewhere specified in the solicitation.

2. Paragraphs (b) (10) is deleted in its entirety.

3. Paragraph (b) (11) is deleted in its entirety and replaced with paragraph A. Part II –Technical Acceptability below under “Addenda to 52.212-1.

Addenda to 52.212-1(c) Period for Acceptance of Quotes. The paragraph is tailored as follows: “The quoter agrees to hold the prices in its quote firm for 90 calendar days or more from the date specified for receipt of quotes.”

Addenda to 52.212-1(e) Multiple Offers. This paragraph is deleted in its entirety.

Addenda to 52.212-1(h) Multiple Awards. This paragraph is deleted in its entirety.

ADDENDA TO 52.212-1

QUOTE PREPARATION INSTRUCTIONS

A. All required documentation shall be page numbered. Staples or other bindings shall not be used. Consolidated parts are acceptable provided tabs separate them. A cover sheet shall be bound in each submission, clearly marked as to the part number(s), title, copy number, RFQ identification and the quoter’s name. To assure timely and equitable evaluation of quote, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an quote being ineligible for award. Taking exception to any provision in the solicitation will render the quote ineligible for award. The quote in response to this solicitation shall consist of four (4) separate parts; Part I - Price Quote, Part II – Technical Acceptability Part III - Past Performance Information; Part IV - Subcontracting Plan (Applicable only to other than Small Business Concerns). All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the RFQ. The maximum allowable pages for the entire quote, including the four parts, is 70 pages. If any quote exceeds 70 pages, the Government will only evaluate the first 70 pages and return the remaining pages to the quoter without being evaluated.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; quoters may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness.

To be considered, the complete quote must be received not later than 10:00 AM Central Time on 12 May 08 at 37 CONS/LGCC-C (Bldg 5460), Attn: Ms. Diana Burchfield, 1655 Selfridge Avenue, Lackland AFB TX 78236-5253. Quotes received after 10:00 AM on 12 May 08 will be late and will be handled in accordance with provision 52.212-1 paragraph (f). All quotes must be in English. Fax or email quotes will not be considered.

Format for quote Part II shall be as follows:

1. The quote will be on 8 1/2” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17.”

2. A page is defined as one face of a sheet of paper containing information. Double sided printing will be counted as two pages.

3. Typing shall not be less than 12 pitch.

4. Elaborate formats, bindings or color presentations will not enhance the rating of the quotes.

C. Specific Instructions:

1. PART I – PRICE QUOTE - Submit original and one (1) copy

(a) Complete blocks 12, 17, 26 and 30 of the SF 1449. In doing so, the quoter accedes to the contract terms and conditions.

(b) Insert quoted unit and extended prices for each Surgical Gown Service CLIN identified in the attached Schedule. The quote must be submitted for a base year plus four (4) Option Years.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with the quote.

2. Part II - TECHNICAL ACCEPTABILITY - Submit original and one (1) copy

(a) Quotes will be determined technically acceptable by submission of a written statement that the quoter agrees to all terms; conditions, and provisions without exception in the solicitation and statement of work.

3. PART III – PAST PERFORMANCE INFORMATION Submit original and one (1) copy.

Provide a minimum of three (3) and a maximum of five (5) of the most relevant contracts performed within the last three (3) years. Submission for each acquisition is limited to two (2) pages not including attachments described in paragraph (c) below. Contractor shall provide a copy of the attached Past Performance Questionnaire to each submitted source. Instruct each source to complete and return the questionnaire directly to the Contracting Officer for this acquisition. Sources shall not return questionnaire to the quoter. For each submitted source provide the following:

(a) Acquisition information:

· Contracting agency

· Contract number

· Contract dollar value

· Performance period (Contract start and completion date)

· Contact information for contracting officer/administrator

Name

Address

Fax number

Phone number

Email address

(b) Statement of Relevancy: Provide a complete description of the work involved to include dollar value. Include rationale as to why and how the acquisition meets one of the relevancy definitions for this acquisition.

(c) Quality and Satisfaction Rating for Contracts Completed in the Past Three

Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.), which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(d) Teaming Arrangements: If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts. Past experience of one team member will be considered past experience of all team members for purposes of evaluation.

(e) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime contractor without the subcontractor’s consent. Provide with the quote a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

4. Part IV – SUBCONTRACTING PLAN: (Applicable only to other than Small Business Concerns) Subcontracting Plan: In accordance with (IAW) FAR 52.219-9 quoters classified as other than small business concerns are required to submit a Small Business Subcontracting Plan UPON REQUEST OF THE CONTRACTING OFFICER. Submission of the subcontracting plan is not required at the time designated for quote submission. However, failure to provide the Subcontracting Plan upon the request of the contracting officer shall make the quote ineligible for award of a contract. THIS REQUIREMENT IS NOT APPLICABLE TO SMALL BUSINESS CONCERNS.

D. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

E. General Information:

1. Information regarding submission of quotes: Hand carried quotes must be deposited at 37 CONS/LGCC-C (Bldg 5460), Attn: Ms. Diana Burchfield, 1655 Selfridge Avenue, Lackland AFB TX 78236-5253. The package used to submit your quote must show the time and date specified for receipt, the solicitation Number, and the name and address of the quoter.

2. Quoters are cautioned that Lackland AFB TX has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING QUOTES. Quoters should allow sufficient time to obtain a visitor pass and arrive at the 37 CONS/LGCC-C prior to the time specified for receipt. Late quotes will be processed in accordance with FAR 52.212-(f) “Late submission, modifications, revisions, and withdrawals of quotes.”

3. All contract line items (CLIN) quantities on the bid schedule are estimated. The final award document will specify that each CLIN quantity is estimated. The CLIN unit price is a firm fixed price not subject to any adjustments.

BASIS FOR CONTRACT AWARD

(a) The Government will award a contract resulting from this solicitation to the responsible technically acceptable quoter whose quote conforming to the solicitation is most advantageous to the Government, price and other factors considered. Past Performance is significantly more important than price.

TECHNICAL ACCEPTABILITY: To be eligible for award, a quoter must be determined technically acceptable. Quotes will be determined technically acceptable by submission by letter that the quoter agrees with all terms, conditions, and provisions without exception in the solicitation and performance work statement. Failure to include the required signed letter with the quote will render the quote ineligible for award.

(b) Technically acceptable quotes will be evaluated on the following factors listed below.

(1) PRICE

(2) PAST PERFORMANCE

The evaluation process shall proceed as follows:

A. Quotes will be evaluated on the two (2) factors listed below.

1. Factor 1: Price Evaluation. The Government will rank all quotes by evaluated price, including option prices. A quoter’s price will be determined by multiplying the estimated quantities identified in Section B by the unit price for each CLIN or SUBCLIN to determine the extended amount for each CLIN/SUBCLIN. Estimated totals for each CLIN will then be totaled to determine the estimated total price for each quoter. When applicable, the price evaluation preference for HUBZone small business concerns will be applied in accordance with FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, to arrive at an evaluated price. The price evaluation will document reasonableness of the quoted total evaluated price. The government will evaluate quotes for award purposes by adding the total estimated price for all options to the total price for the basic requirement. The government may determine that a quoter is unacceptable if the prices are significantly unbalanced. Evaluation of options shall not obligate the government to exercise the option(s).

2. Factor 2: Performance Confidence Assessment. Using questionnaires and data independently obtained from other Government and commercial sources, the contracting officer will evaluate relevant and recent past performance information of the lowest priced acceptable quotes based on (1) the past and present effort provided by the quoter and (2) data independently obtained from Government and commercial sources. Relevant performance includes performance of efforts involving Surgical Gown Services that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The purpose of the past performance evaluation is to allow the Government to assess the quoter’s ability to perform the effort described in this RFQ, based on the quoter’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of High Confidence, Significant Confidence, Satisfactory Confidence, Unknown Confidence, Little Confidence, or No Confidence. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will not be rated as highly as past performance information for the principal quoter. Quoters with no relevant past or present performance history shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably. Past or present performance effort will be evaluated for recency, relevancy, and quality of performance.

a) Recency – Past performance efforts will first be evaluated for recency. To be recent, some portion of the performance effort must have occurred within the last three years prior to the issue date of the solicitation. Among those performance efforts qualifying as recent more weight will be given to those efforts occurring later in the period than those occurring earlier in the period. More recent efforts will be given greater weight than less recent efforts. Performance not qualifying as recent will not receive further evaluation or consideration.

b) Relevancy – The Government will next evaluate the relevancy of performance that qualified as recent. Relevant performance involves Surgical Gowns services and will be categorized as Very Relevant, Relevant, or Somewhat Relevant. More relevant performance will be given more weight than less relevant performance. Performance that is not relevant will not be further evaluated or considered.

1) Very Relevant - Very relevant performance carries more weight than relevant or somewhat relevant. To qualify as very relevant the Past/present performance effort must involve Surgical Gowns services for a Military Medical Treatment Faciltiy equaling or in excess of $700,000.00 over the life of the contract. Performance must include at least Four (4) of the following items: (1) accomodates at least a daily stock of 250 standard surgical gowns (2) Laundry of liquid resistant and liquid proof gowns and cotton towels (3) Sterilization of liquid resistant and liquid proof gowns and cotton towels (4) Individual packaging of each sterilized gown with towel. (5) Delivery of sterilized gowns and pickup of soiled gowns.

2) Relevant – Relevant performance fails to meet all requirements for very relevant performance but meets all of the following: Surgical Gowns services for a Military/Civilian Medical Treatment Faciltiy equaling or in excess of $500,000.00. Performance must include at least three (3) of the 5 performance elements required for very relevant.

3) Somewhat Relevant – Somewhat relevant performance does not meet all requirements for very relevant or relevant but meets all of the following: Surgical Gowns services for a Military/Civilian Medical Treatment Faciltiy equaling or in excess of $300,000.00. Performance must include at least two (2) of the 5 performance elements required for very relevant.

4) Not Relevant – Not relevant performance is all performance that fails to meet one of the three relevancy categories above.

c) Quality of Performance - Performance efforts that qualify as recent and meet one of the three relevancy criteria (very relevant, relevant, or somewhat relevant) will be evaluated for quality of performance. Each evaluated effort will receive one of the following performance ratings:

Neutral

Exceptional

Very Good

Satisfactory

Marginal

Unsatisfactory

Based on the evaluation of past and present performance the government will develop one of the following performance confidence assessments for all quoters whose past performance was evaluated.

The following relationship between quality of performance ratings and performance confidence assessment will apply:

Exceptional: High Confidence

Very Good: Significant Confidence

Satisfactory: Confidence

Unknown Confidence: Neutral

Little Confidence: Marginal

No Confidence: Unsatisfactory

3. Factor 3. Small Business Subcontracting Plan:

* (Subcontracting plan applies only to large business submitting a quote.)

UPON REQUEST OF THE CONTRACTING OFFICER Quoter must submit an acceptable subcontracting plan. If quoter fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the quoter will be ineligible for award

---------------------Evaluation Process Continued-------------------------- A. The Government reserves the right to down grade the performance confidence assessment of any quoter based on lack of relevant performance information. Quoters may be asked to clarify certain aspects of their quote (for example, the relevance of past performance information) or respond to adverse past performance information to which the quoter has not previously had an opportunity to respond. Adverse past performance is defined as past or present performance effort that is rated less than satisfactory overall or any unfavorable comments received from sources without a formal rating system.

B. Initially quotes will be ranked by evaluated price, including option prices. A quoter’s price will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each.

C. Upon completion of the evaluations, the government will determine which quote offers the best value as follows:

(1) If the quoter with the lowest evaluated price has an overall “High Confidence” performance rating, that quote represents the best value for the government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quotes.

(2) If the quoter with the lowest evaluated price does not have an overall “High Confidence” performance rating, the process will continue (in order by price) until a quoter is found with an overall “High Confidence” performance rating at which point the government will conduct an integrated best value assessment of that quoter and those lower priced quoters. If no responsible quoter has received an overall High Confidence rating, the government will make an integrated assessment best value award decision involving all quoters whose quotes were evaluated. In either event, the government will award to the quoter whose quote offers the best value to the government."

D. In the event that the government does not make an award pursuant to paragraph A above, the government reserves the right to award a contract to other than the lowest priced quote if that quoter is judged to have a performance assessment rating of “Significant Confidence” or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision.

E. Quoters are cautioned to submit sufficient information and in the format specified in the quote preparation instructions. Quotes may be asked to clarify certain aspects of their quotes or respond to adverse past performance information to which the quoter has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quote revision.

F. Options. The government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the government to exercise the option(s).

G. A written offer shall be furnished to the successful quoter upon completion of the government evaluation. Acceptance of that offer by the contractor shall form a binding contract.

H. The government intends to award a contract without discussions with respective quoters. The government, however, reserves the right to conduct discussions if deemed in its best interest. If discussions are to be conducted they will be held with all quoters whose quote is within the competitive range. Prior to establishing the competitive range the government will evaluate all quoters against all factors in the solicitation. In this event award will be based on an integrated best value assessment of all quotes remaining in the competitive range.

(End of clause)

STERLIZED SURGICAL GOWN

FFP

Non- Personal service: Standard gown, Medium with towel as stated in accordance with the Performance Work Statement. Period of Performance will be 4 calendar months starting on the first day of the first month following the date of award.

FOB: Destination

NSN: Q999-72-198-1233

SIGNAL CODE: A

ESTIMATED

NET AMT

STERLIZED SURGICAL GOWN

Non- Personal service: Standard gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance will be 4 calendar months starting on the first day of the first month following the date of award.

FOB: Destination

ESTIMATED

STERLIZED SURGICAL GOWN

Non- Personal service: Standard gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance will be 4 calendar months starting on the first day of the first month following the date of award.

FOB: Destination

ESTIMATED

LIQUID PROOF GOWN

Non-Personal Service - Liquid Proof Gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance will be 4 calendar months starting on the first day of the first month following the date of award.

FOB: Destination

ESTIMATED

LIQUID PROOF GOWN

Non-Personal Service - Liquid Proof Gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance will be 4 calendar months starting on the first day of the first month following the date of award.

FOB: Destination

ESTIMATED

DISPOSAL BAGS

Non-Personal Service - Green Disposal Bags for gowns as stated in accordance with the Performance Work Statement. Period of Performance will be 4 calendar months starting on the first day of the first month following the date of award.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Medium with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the basic performance period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the basic performance period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the basic performance period.

FOB: Destination

ESTIMATED

FFP

Non-Personal Service - Liquid Proof Gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the basic performance period.

FOB: Destination

ESTIMATED

FFP

Non-Personal Service - Liquid Proof Gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the basic performance period.

FOB: Destination

ESTIMATED

FFP

Non-Personal Service - Green Disposal Bags for gowns as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the basic performance period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Medium with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the first option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the first option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the first option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Liquid Proof Gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the first option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Liquid Proof Gown, Extra-Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the first option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Green Disposal Bags for gowns as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the first option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Medium with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the second option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the second option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Standard gown, Extra-Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the second option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Liquid Proof - Large Gown with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the second option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Liquid Proof - Extra Large Gown with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the second option period.

FOB: Destination

ESTIMATED

FFP

Non- Personal service: Green Disposal Bags for gowns as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the second option period.

FOB: Destination

ESTIMATED

FFP

Non-Personal service: Standard gown, Medium with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the third option period.

FOB: Destination

ESTIMATED

FFP

Non-Personal service: Standard gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the third option period.

FOB: Destination

ESTIMATED

FFP

Non-Personal service: Standard gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the third option period.

FOB: Destination

ESTIMATED

FFP

Non-Personal service: Liquid Proof gown, Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the third option period.

FOB: Destination

ESTIMATED

FFP

Non-Personal service: Liquid Proof gown, Extra Large with towel as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the third option period.

FOB: Destination

ESTIMATED

FFP

Non-Personal service: Green Disposal Bags for gowns as stated in accordance with the Performance Work Statement. Period of Performance: 12 Calendar Months starting the day after expiration of the third option period.

FOB: Destination

ESTIMATED

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2008

2200 BERQUIST DR

LACKLAND AFB TX 78236

FOB: Destination

F2MTW4

30-SEP-2008

F2MTW4

30-SEP-2008

F2MTW4

30-SEP-2008

F2MTW4

30-SEP-2008

F2MTW4

30-SEP-2008

F2MTW4

30-SEP-2009

F2MTW4

30-SEP-2009

F2MTW4

30-SEP-2009

F2MTW4

30-SEP-2009

F2MTW4

30-SEP-2009

F2MTW4

30-SEP-2009

F2MTW4

30-SEP-2010

F2MTW4

30-SEP-2010

F2MTW4

30-SEP-2010

F2MTW4

30-SEP-2010

F2MTW4

30-SEP-2010

F2MTW4

30-SEP-2010

F2MTW4

30-SEP-2011

F2MTW4

30-SEP-2011

F2MTW4

30-SEP-2011

F2MTW4

30-SEP-2011

F2MTW4

30-SEP-2011

F2MTW4

30-SEP-2011

F2MTW4

30-SEP-2012

F2MTW4

30-SEP-2012

F2MTW4

30-SEP-2012

F2MTW4

30-SEP-2012

F2MTW4

30-SEP-2012

F2MTW4

30-SEP-2012

F2MTW4

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007)

An offeror shall complete only paragraph (k) 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 (b) through (j) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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 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 its stock is owned by one or more women; or

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

"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 the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

___ TIN:---------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(5) Common parent.

___ Offeror is not owned or controlled by a common parent;

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(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):

Average Annual

Number of Employees 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…