FA4419-11-R-0108 Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

REQUIREMENTS FOR PROPOSALS

To be considered for award offers must-

1. Meet the physical and functional specifications listed in the solicitation and in accordance with the statement of work

2. Ensure clauses 52.209-5, 52.212-3 or include copy of ORCA, 52.222-22, 52.222-25, 52.219-1, and 52.219-28 are filled out completely and submitted with bid package

3. Ensure CCR & ORCA (current & active registration) are updated and show NAICS 339999

The Contracting Officer will evaluate proposals based on the information furnished by the offeror or identified in the bid and reasonable available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

The contractor must provide, at a minimum, the following items within their proposal to be considered conforming during evaluation phase:

(1) Submit One (1) signed copy of the SF 1449 Solicitation (Ensure CLINS show price) and all SF 30 Amendments, if any.

(2) Two (2) copies of the completed (Unit Price provided) Price List (Attachment 5)

(1) Completed Excel Spreadsheet (Soft Copy-Editable) submitted via E-mail…

(1) Completed Printed & Scanned copy (PDF) via e-mail

(3) One (1) copy of at least one (1) but no more than three (3) completed Past Performance Survey Forms (Attachment 3) as specified above. In addition, provide Attachment 4 Reference Sheet for each Past Performance Form submitted.

(4) One (1) copy of any details of the Automated Ordering System (AOS)/Online Catalog.

Note: This must include pictures and/or cut-sheets of the proposed AOS.

SITE VISIT

A site visit will only be scheduled for the week of November 14, 2011 upon request.

If bidder requests site visit please contact Shanickiau Fowler at 580-481-5837 (shanickiau.fowler@altus.af.mil), or Brian Ames at 580-481-5839 brian.ames@altus.af.mil NLT noon November 14, 2011. If there are no responses by 8 November 2011, no site visit will be authorized.

All those that are on the list to attend the site visit must be at the Altus AFB, OK commercial South Gate No Later Than 8:30AM to be picked up for the site visit on November 14, 2011 @ 9:00AM Central. Admission is not guaranteed for those who show up late after 8:30AM Central. The government is not liable for any travel cost or expenses associated with Site Visit attendance.

Please provide names for all attending.

Solicitation Questions:

All bidders are encouraged to submit questions in writing to the contracting office as early as possible.

Questions submitted after Nov 18, 2011 will be evaluated but may not be answered if it is determined the answer will not have a substantial effect on the solicitation.

Send all questions to Shanickiau Fowler at 580-481-5837 (shanickiau.fowler@altus.af.mil), or Brian Ames at 580-481-5839 brian.ames@altus.af.mil or Fax 580-481-5138.

MINIMUM GUARANTEED

This is an Indefinite Quantity contract as contemplated by FAR 16.504.

The minimum guaranteed order of this contract $400K.

The maximum contract ceiling shall not exceed $6.5M

The minimum guaranteed order amount will be satisfied by issuance of Task Order 0001, for an initial price to be determined, but a minimum initial order price of $400K. The Government guarantees this amount only and for the basic contract period only. The maximum contract ceiling applies to the entire effort during the entire span of the contract including any exercised options. This contract makes no commitment to order services beyond the initial task order.

(END TEXT)

QUALIFICATION REQUIREMENTS

The Following must be submitted upon award:

1. Verifiable resume for the Store Manager to meet the requirements of Peformance Work Statement para 4.2

COCESS Individual Items Costs/Fees

FFP

COCESS Individual Items Costs/Fees. OFFEROR MUST FILL OUT ATTACHMENT 5 AND INCLUDE THE TOTAL FOR ALL ITEMS ON CLIN 0001. Period of Performance: 1 Jan 2012 thru 30 Sep 2012

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

On site Management

FFP

On site Management in accordance with performance work statement. Please see performance work statement paragraph 4.2. Period of Performance: 1 Jan 2012 thru 30 Sep 2012

NET AMT

FFP

COCESS Individual Items Costs/Fees. OFFEROR MUST FILL OUT ATTACHMENT 5 AND INCLUDE THE TOTAL FOR ALL ITEMS ON CLIN 0001. Period of Performance: 1 Oct 2012 thru 30 Sep 2013

MAX

FFP

On site Management in accordance with performance work statement. Please see performance work statement paragraph 4.2. Period of Performance: 1 Oct 2012 thru 30 Sep 2013

NET AMT

FFP

COCESS Individual Items Costs/Fees. OFFEROR MUST FILL OUT ATTACHMENT 5 AND INCLUDE THE TOTAL FOR ALL ITEMS ON CLIN 0001. Period of Performance: 1 Oct 2013 thru 30 Sep 2014

MAX

FFP

On site Management in accordance with performance work statement. Please see performance work statement paragraph 4.2. Period of Performance: 1 Oct 2013 thru 30 Sep 2014

NET AMT

FFP

COCESS Individual Items Costs/Fees. OFFEROR MUST FILL OUT ATTACHMENT 5 AND INCLUDE THE TOTAL FOR ALL ITEMS ON CLIN 0001. Period of Performance: 1 Oct 2014 thru 30 Sep 2015

MAX

FFP

On site Management in accordance with performance work statement. Please see performance work statement paragraph 4.2. Period of Performance: 1 Oct 2014 thru 30 Sep 2015

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$400,000.00

$6,500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$0.01

$1,600,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2012

BARBARA LONG

401 L AVE, BLDG 358

ALTUS AFB OK 73523-5138

580-481-6194

F1B3R2

30-SEP-2012

F1B3R2

30-SEP-2013

F1B3R2

30-SEP-2013

F1B3R2

30-SEP-2014

F1B3R2

30-SEP-2014

F1B3R2

30-SEP-2015

F1B3R2

30-SEP-2015

F1B3R2

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); 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 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. This is a competitive best value acquisition utilizing Performance and Price tradeoff (PPT) procedures. For proposals determined acceptable, a tradeoff between past performance and price will be conducted with past performance being equal to price. This is a competitive best value acquisition utilizing simplified procedures authorized by FAR Part 13 Simplified Acquisitions Procedures. For offers determined acceptable, a best value selection based on price and past performance will be made.

2. Offeror shall propose on CLINs 0002, 1002, 2002, and 3002 of the SF 1449. In addition, offeror will submit prices for ALL Fixed Priced Items list on Attachment 5. Attachment 2 is used for information only on each line item (description). Any offer that fails to cite a price for any item will be taken as the item is being provided at no charge. Furthermore, the bid can be considered as nonconforming.

3. Only firm fixed price offers will be evaluated. An offer using a sliding price scale or subject to escalation based on any contingency will not be accepted.

4. The evaluation process will proceed as follows:

A. Price: Initially, all acceptable offers will be ranked according to price by adding CLINs 0002, 1002, 2002, and 3002 on SF 1449 and submitted prices listed on Attachment #5. All CLIN extended amounts for the base and all options years will be totaled for evaluation purposes. Price will be evaluated for reasonableness subject to the processes described in paragraphs 4D, 4E, and 4F. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable. Reasonableness will be based on an evaluation of prices to determine if they are compatible with the scope of effort, are unbalanced, and are neither excessive nor insufficient for the effort to be accomplished.

B. Acceptable : To be determined acceptable for evaluation purposes the offeror must comply with the following:

1) Ensure CCR & ORCA registration is active & current (not expired) showing NAICS 339999.

2) Submit One (1) signed copy of the SF 1449 Solicitation (Ensure CLINS show price) and all SF 30 Amendments, if any.

3) Submit Two (2) copies of the completed COCESS Price List (Attachment 5)

a. Completed Excel Spreadsheet (Soft Copy-Editable) submitted via E-mail

b. Completed Printed & Scanned copy (PDF) via E-mail or FAX

4) Submit One (1) copy of any details of the Automated Ordering System (AOS)/Online Catalog.

Note: This must include pictures and/or cut-sheets of the proposed AOS/Online Catalog.

C. Past Performance: The contracting officer will seek relevant and recent (within the past 3 years from the issuance of this solicitation) performance information on all acceptable offerors based on references provided by the offeror Attachment 3: “Past Performance Survey” will be used to obtain present and past performance information. Relevancy will be determined based on the criteria listed in paragraph J below, including performance of work efforts involving; COCESS type contract.

The offeror shall send the “Past Performance Survey” to a minimum of one reference.

The offeror not the government is responsible for ensuring their references complete the “Past Performance Survey” and send the survey directly to the 97th Contracting Squadron, Altus AFB, OK before proposal submission deadline. A minimum of one reference sheet per reference (one reference shall be received).

The offeror shall complete one copy each of the attachment four (4) labeled “Reference Sheet” for each reference and submit at least a minimum of one reference sheet overall to the 97th Contracting Office, Altus AFB, OK before the proposal submission deadline.

During the evaluation, process up to three past performance surveys will be evaluated per offeror.

The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this RFP based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall confidence assessment rating of substantial confidence, satisfactory confidence, limited confidence, no confidence, & unknown confidence. Past performance regarding predecessor companies, key personnel who have relevant and recent experience, or subofferors that will perform major or critical aspects of the requirement may not be rated as highly as past performance information for the principal offeror. Offerors with no relevant present or past performance history will receive an “unknown confidence” rating, meaning the rating is treated neither favorably nor unfavorably. However, a rating other than unknown confidence may be assessed if the offeror proposes management personnel who have a record of performance on relevant contracts or if a proposed subofferor or partner who will be performing, a significant portion of the work has a performance history on relevant contracts. When relevant performance information indicates performance problems, the Government will consider the number and severity of the problems and the appropriateness and effectiveness of any corrective actions taken (not just planned or promised). The Government may review more recent contracts or performance evaluations to ensure corrective actions have been implemented and to evaluate their effectiveness. The offeror may be notified of any adverse past performance information and given the opportunity to respond.

C.1 Rating Chart

RATING

DEFINITION

D. If the lowest priced acceptable offer is determined to be reasonable and realistic, and is judged to have an overall substantial confidence performance rating, that offer represents the best value for the Government and the evaluation process stops at this point. Award will be made to that offeror without further consideration of any other offers. If the lowest priced acceptable offer is not rated substantial confidence, the next lowest priced, acceptable offer will be evaluated and the process will continue until an offeror whose price is reasonable and realistic is rated substantial confidence for past performance. An integrated assessment will then be performed on all acceptable offerors whose past performance and price were evaluated, and award will be made to the offeror with the proposal determined to be the most advantageous to the Government based on the evaluation criteria. If no proposals are rated substantial confidence, an integrated assessment will be accomplished on all acceptable proposals and award will be made to the offeror determined to be the most advantageous to the Government based on the evaluation criteria.

E. If a lower priced acceptable offer is determined to have an unreasonable or unrealistic price, discussions may be required.

F. The contracting officer may determine at any point in the process to open discussions. If the contracting officer determines discussions are necessary, all offerors will be evaluated on past performance and price. The competitive range may then be limited to the number of proposals that will permit an efficient competition among the most highly rated offers. Discussions will be conducted, Final Proposal Revisions requested, and the source selection authority will then make an integrated assessment best value award decision.

G. The Government reserves the right to award a contract to other than the lowest priced offeror.

H. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Clarifications conducted to resolve relevance of the past performance information, adverse past performance information, or minor clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

I. The Government intends to award a contract without discussions with respective offerors. Therefore, each initial offer must address information in accordance with the paragraphs above and should contain the offerors’s best price and past performance reference list. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

Past Performance submissions will be rated for relevancy using the below chart.

J. 1 Relevancy Chart

$2 million

(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). The Government may or may not exercise the option.

(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 provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011) ALTERNATE I (APR 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 (b) through (i) 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, as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ------------. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) 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

(11) (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 CCR Dynamic Small Business Search Database maintained by the Small Business Administration, 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: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 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 $100,000.) 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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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:

(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.)

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,…