FA4407-09-R-0014.doc

Section SF 1449 - CONTINUATION SHEET

RENTAL OF PORTABLE LATRINES

FFP

SERVICES, NON-PERSONAL: To provide all labor, equipment, material and transportaion required to furnish portable latrines and wash stations throughout various locations at Scott AFB, IL in accordance with the SOW. Period of Performance 01 Nov 09 through 31 Oct 10.

FOB: Destination

NSN: W036-FY-LAT-RENT

SIGNAL CODE: A

ESTIMATED

NET AMT

0001AA

PROVIDE EIGHT PORTABLE LATRINES

Provide eight single units to be located at Bldg 382, 3200, 3172, 6358, on the base oval running track north side near fence, Mascoutah Gate Guard Shack, and two units at Security Forces training area for a total of eight units.

FOB: Destination

NET AMT

0001AB

PROVIDE 19 PORTABLE LATRINES

Provide 19 single units for seven months basewide for the period of 1 Apr - 31 Oct.

FOB: Destination

NET AMT

0001AC

EXTRA SERVICE

Provide extra service on any of the eight permanent units and 19 seven month units, which includes cleaning, sanitizing, and restocking of the supplies. Provide the cost for service per unit $___________. This will be the cost for each service submitted at the time of billing.

FOB: Destination

ESTIMATED

0001AD

AIR SHOW - REGULAR PORTABLE LATRINES

Provide the cost of a regular portable latrine for the Air Show. At a minimum, 100 regular portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0001AE

AIR SHOW - ADA HANDICAP PORTABLE LATRINE

Provide the cost of a ADA handicap portable latrine for the Air Show. At a minimum, 10 ADA handicap portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0001AF

AIR SHOW - HAND WASH STATIONS

Provide the cost of a hand wash station for the Air Show. At a minimum, 15 hand wash stations will be required during the Air Show.

FOB: Destination

ESTIMATED

0001AG

AIR SHOW - SERVICE CLEANING

Provide service cleaning to the regular and handicap portable latrines, as well as the hand wash stations and one (1) GOV VIP trailer provided for the Air Show. This cleaning service will include 630 cleanings to 100 regular portable latrines, 10 ADA handicap portable latrines, one (1) GOV VIP trailer, and 15 hand wash stations for the Air Show. All units shall be restocked with necessary supplies and maintained for cleanliness on both interior and exterior surfaces, minimum cleaning of once every two hours. The Air Show information is provided in the Statement of Work, paragraph 1.2 Scott AFB Open House/Air Show Units and in Appendix 2 under Open House/Air Show. The price submitted will be the cost to provide the cleaning services and supplies for the entire Air Show.

FOB: Destination

NET AMT

0001AH

SPECIAL EVENTS - REGULAR LATRINES

Provide the cost of a regular portable latrine for any special event.

FOB: Destination

ESTIMATED

0001AJ

SPECIAL EVENTS - ADA HANDICAP LATRINES

Provide the cost of a ADA handicap portable latrine for any special event.

FOB: Destination

ESTIMATED

0001AK

SPECIAL EVENTS - HAND WASH STATIONS

Provide the cost of a hand wash station for any special event.

FOB: Destination

ESTIMATED

FFP

SERVICES, NON-PERSONAL: To provide all labor, equipment, material and transportaion required to furnish portable latrines and wash stations throughout various locations at Scott AFB, IL in accordance with the SOW. Period of Performance 01 Nov 10 through 31 Oct 11.

FOB: Destination

ESTIMATED

0002AA

FFP

Provide eight single units to be located at Bldg 382, 3200, 3172, 6358, on the base oval running track north side near fence, Mascoutah Gate Guard Shack, and two units at Security Forces training area for a total of eight units.

FOB: Destination

NET AMT

0002AB

FFP

Provide 19 single units for seven months basewide for the period of 1 Apr - 31 Oct.

FOB: Destination

NET AMT

0002AC

FFP

Provide extra service on any of the eight permanent units and 19 seven month units, which includes cleaning, sanitizing, and restocking of the supplies. Provide the cost for service per unit $___________. This will be the cost for each service submitted at the time of billing.

FOB: Destination

ESTIMATED

0002AD

FFP

Provide the cost of a regular portable latrine for the Air Show. At a minimum, 100 regular portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0002AE

FFP

Provide the cost of a ADA handicap portable latrine for the Air Show. At a minimum, 10 ADA handicap portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0002AF

FFP

Provide the cost of a hand wash station for the Air Show. At a minimum, 15 hand wash stations will be required during the Air Show.

FOB: Destination

ESTIMATED

0002AG

FFP

Provide service cleaning to the regular and handicap portable latrines, as well as the hand wash stations and one (1) GOV VIP trailer provided for the Air Show. This cleaning service will include 630 cleanings to 100 regular portable latrines, 10 ADA handicap portable latrines, one (1) GOV VIP trailer, and 15 hand wash stations for the Air Show. All units shall be restocked with necessary supplies and maintained for cleanliness on both interior and exterior surfaces, minimum cleaning of once every two hours. The Air Show information is provided in the Statement of Work, paragraph 1.2 Scott AFB Open House/Air Show Units and in Appendix 2 under Open House/Air Show. The price submitted will be the cost to provide the cleaning services and supplies for the entire Air Show.

FOB: Destination

NET AMT

0002AH

FFP

Provide the cost of a regular portable latrine for any special event.

FOB: Destination

ESTIMATED

0002AJ

FFP

Provide the cost of a ADA handicap portable latrine for any special event.

FOB: Destination

ESTIMATED

0002AK

FFP

Provide the cost of a hand wash station for any special event.

FOB: Destination

ESTIMATED

FFP

SERVICES, NON-PERSONAL: To provide all labor, equipment, material and transportaion required to furnish portable latrines and wash stations throughout various locations at Scott AFB, IL in accordance with the SOW. Period of Performance 01 Nov 11 through 31 Oct 12.

FOB: Destination

ESTIMATED

0003AA

FFP

Provide eight single units to be located at Bldg 382, 3200, 3172, 6358, on the base oval running track north side near fence, Mascoutah Gate Guard Shack, and two units at Security Forces training area for a total of eight units.

FOB: Destination

NET AMT

0003AB

FFP

Provide 19 single units for seven months basewide for the period of 1 Apr - 31 Oct.

FOB: Destination

NET AMT

0003AC

FFP

Provide extra service on any of the eight permanent units and 19 seven month units, which includes cleaning, sanitizing, and restocking of the supplies. Provide the cost for service per unit $___________. This will be the cost for each service submitted at the time of billing.

FOB: Destination

ESTIMATED

0003AD

FFP

Provide the cost of a regular portable latrine for the Air Show. At a minimum, 100 regular portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0003AE

FFP

Provide the cost of a ADA handicap portable latrine for the Air Show. At a minimum, 10 ADA handicap portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0003AF

FFP

Provide the cost of a hand wash station for the Air Show. At a minimum, 15 hand wash stations will be required during the Air Show.

FOB: Destination

ESTIMATED

0003AG

FFP

Provide service cleaning to the regular and handicap portable latrines, as well as the hand wash stations and one (1) GOV VIP trailer provided for the Air Show. This cleaning service will include 630 cleanings to 100 regular portable latrines, 10 ADA handicap portable latrines, one (1) GOV VIP trailer, and 15 hand wash stations for the Air Show. All units shall be restocked with necessary supplies and maintained for cleanliness on both interior and exterior surfaces, minimum cleaning of once every two hours. The Air Show information is provided in the Statement of Work, paragraph 1.2 Scott AFB Open House/Air Show Units and in Appendix 2 under Open House/Air Show. The price submitted will be the cost to provide the cleaning services and supplies for the entire Air Show.

FOB: Destination

NET AMT

0003AH

FFP

Provide the cost of a regular portable latrine for any special event.

FOB: Destination

ESTIMATED

0003AJ

FFP

Provide the cost of a ADA handicap portable latrine for any special event.

FOB: Destination

ESTIMATED

0003AK

FFP

Provide the cost of a hand wash station for any special event.

FOB: Destination

ESTIMATED

FFP

SERVICES, NON-PERSONAL: To provide all labor, equipment, material and transportaion required to furnish portable latrines and wash stations throughout various locations at Scott AFB, IL in accordance with the SOW. Period of Performance 01 Nov 12 through 31 Oct 13.

FOB: Destination

ESTIMATED

0004AA

FFP

Provide eight single units to be located at Bldg 382, 3200, 3172, 6358, on the base oval running track north side near fence, Mascoutah Gate Guard Shack, and two units at Security Forces training area for a total of eight units.

FOB: Destination

NET AMT

0004AB

FFP

Provide 19 single units for seven months basewide for the period of 1 Apr - 31 Oct.

FOB: Destination

NET AMT

0004AC

FFP

Provide extra service on any of the eight permanent units and 19 seven month units, which includes cleaning, sanitizing, and restocking of the supplies. Provide the cost for service per unit $___________. This will be the cost for each service submitted at the time of billing.

FOB: Destination

ESTIMATED

0004AD

FFP

Provide the cost of a regular portable latrine for the Air Show. At a minimum, 100 regular portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0004AE

FFP

Provide the cost of a ADA handicap portable latrine for the Air Show. At a minimum, 10 ADA handicap portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0004AF

FFP

Provide the cost of a hand wash station for the Air Show. At a minimum, 15 hand wash stations will be required during the Air Show.

FOB: Destination

ESTIMATED

0004AG

FFP

Provide service cleaning to the regular and handicap portable latrines, as well as the hand wash stations and one (1) GOV VIP trailer provided for the Air Show. This cleaning service will include 630 cleanings to 100 regular portable latrines, 10 ADA handicap portable latrines, one (1) GOV VIP trailer, and 15 hand wash stations for the Air Show. All units shall be restocked with necessary supplies and maintained for cleanliness on both interior and exterior surfaces, minimum cleaning of once every two hours. The Air Show information is provided in the Statement of Work, paragraph 1.2 Scott AFB Open House/Air Show Units and in Appendix 2 under Open House/Air Show. The price submitted will be the cost to provide the cleaning services and supplies for the entire Air Show.

FOB: Destination

NET AMT

0004AH

FFP

Provide the cost of a regular portable latrine for any special event.

FOB: Destination

ESTIMATED

0004AJ

FFP

Provide the cost of a ADA handicap portable latrine for any special event.

FOB: Destination

ESTIMATED

0004AK

FFP

Provide the cost of a hand wash station for any special event.

FOB: Destination

ESTIMATED

FFP

SERVICES, NON-PERSONAL: To provide all labor, equipment, material and transportaion required to furnish portable latrines and wash stations throughout various locations at Scott AFB, IL in accordance with the SOW. Period of Performance 01 Nov 13 through 31 Oct 14.

FOB: Destination

ESTIMATED

0005AA

FFP

Provide eight single units to be located at Bldg 382, 3200, 3172, 6358, on the base oval running track north side near fence, Mascoutah Gate Guard Shack, and two units at Security Forces training area for a total of eight units.

FOB: Destination

NET AMT

0005AB

FFP

Provide 19 single units for seven months basewide for the period of 1 Apr - 31 Oct.

FOB: Destination

NET AMT

0005AC

FFP

Provide extra service on any of the eight permanent units and 19 seven month units, which includes cleaning, sanitizing, and restocking of the supplies. Provide the cost for service per unit $___________. This will be the cost for each service submitted at the time of billing.

FOB: Destination

ESTIMATED

0005AD

FFP

Provide the cost of a regular portable latrine for the Air Show. At a minimum, 100 regular portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0005AE

FFP

Provide the cost of a ADA handicap portable latrine for the Air Show. At a minimum, 10 ADA handicap portable latrines will be required during the Air Show.

FOB: Destination

ESTIMATED

0005AF

FFP

Provide the cost of a hand wash station for the Air Show. At a minimum, 15 hand wash stations will be required during the Air Show.

FOB: Destination

ESTIMATED

0005AG

FFP

Provide service cleaning to the regular and handicap portable latrines, as well as the hand wash stations and one (1) GOV VIP trailer provided for the Air Show. This cleaning service will include 630 cleanings to 100 regular portable latrines, 10 ADA handicap portable latrines, one (1) GOV VIP trailer, and 15 hand wash stations for the Air Show. All units shall be restocked with necessary supplies and maintained for cleanliness on both interior and exterior surfaces, minimum cleaning of once every two hours. The Air Show information is provided in the Statement of Work, paragraph 1.2 Scott AFB Open House/Air Show Units and in Appendix 2 under Open House/Air Show. The price submitted will be the cost to provide the cleaning services and supplies for the entire Air Show.

FOB: Destination

NET AMT

0005AH

FFP

Provide the cost of a regular portable latrine for any special event.

FOB: Destination

ESTIMATED

0005AJ

FFP

Provide the cost of a ADA handicap portable latrine for any special event.

FOB: Destination

ESTIMATED

0005AK

FFP

Provide the cost of a hand wash station for any special event.

FOB: Destination

ESTIMATED

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-OCT-2010

KIRK MATTIODA

701 HANGER ROAD, RM 4

SCOTT AFB IL 62225-5015

256-5340

FOB: Destination F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2010

F3S352

31-OCT-2011

KIRK MATTIODA

701 HANGER ROAD, RM 4

SCOTT AFB IL 62225-5015

256-5340

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2011

F3S352

31-OCT-2012

KIRK MATTIODA

701 HANGER ROAD, RM 4

SCOTT AFB IL 62225-5015

256-5340

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2012

F3S352

31-OCT-2013

KIRK MATTIODA

701 HANGER ROAD, RM 4

SCOTT AFB IL 62225-5015

256-5340

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2013

F3S352

31-OCT-2014

KIRK MATTIODA

701 HANGER ROAD, RM 4

SCOTT AFB IL 62225-5015

256-5340

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

31-OCT-2014

F3S352

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

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

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 subsidiary, division, or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Past performance

(2) Price Past performance shall be evaluated significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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 clause)

Addendum to 52.212-2

BASIS FOR CONTRACT AWARD: This is a competitive best value in which competing offerors' technical capability and past performance history will be evaluated on a basis significantly more important than cost or price considerations. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub factors. All technically acceptable offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

A. Initially offers shall be ranked according to price, including any option prices if applicable. An offeror’s proposed prices will be determined by multiplying the quantities identified in the RFP by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each. When applicable, the price evaluation adjustment 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 for the offers evaluated under the following subparagraph B, the completeness and reasonableness of the proposed total evaluated price.

B. Using questionnaires, the Contracting Officer shall seek relevant performance information on the lowest priced offerors (usually the lowest three to five) based on (1) the past and present efforts provided by the offeror and (2) data independently obtained from other Government and commercial sources. Relevant performance includes performance of efforts involving Portable Latrine Service, which are similar or greater in scope, magnitude and complexity that the effort described in this RFP. The Government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive an “Exceptional” performance assessment. The purpose of the past and present performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the RFP, based on the offeror’s demonstrated past and present performance. The assessment process will result in an overall performance assessment of Exceptional, Good, Satisfactory, Marginal, Unsatisfactory or Neutral. Past and present performance regarding predecessor companies, key personnel who have relevant experience or sub-contractors that will perform major or critical aspects of the requirement will be considered as highly as past and present performance information for the principal offeror. Offerors with no relevant past or present performance history shall receive the rating “Neutral”, meaning the rating is treated neither favorably nor unfavorably.

C. In evaluating past and present performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP.

D. If the lowest priced evaluated technically acceptable offer is judged to have an Exceptional performance assessment, that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

E. The Government reserves the right to award a contract to other than the lowest priced offer if the lowest priced offeror is judged to have a performance assessment of "Exceptional" or lower. In that event, the Contracting Officer shall make an integrated assessment best value award decision.

F. Offerors are cautioned to submit sufficient information in the format specified in the Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Items. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror 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 proposal revision.

G. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2009)

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

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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.

"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.

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) Tie bid priority for labor surplus area concerns.