FA4484-11-R-0004-0002.pdf
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- Integrated Solid Waste Collection Federal contract opportunity
- Solicitation number
- FA4484-11-R-0004
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Questions and Answers Refuse 5.pdf | ||
| JB MDL Refuse Solicitation SF1449 Conformed 06 Jul 11.pdf | ||
| FA4484-11-R-0004-0004.pdf | ||
| REFUSE | — | |
| FA4484-11-R-0004-0003 change due date to 12 July.pdf | ||
| Questions and Answers Refuse 4.pdf | ||
| Questions and Answers Refuse 3.pdf | ||
| Questions and Answers Refuse 2.pdf | ||
| REFUSE | — | |
| Burlington County WAGE DETERMINATIONS 2005-2449 rev 11.pdf | ||
| JB MDL Refuse Solicitation SF1449 Conformed.pdf | ||
| Ocean County WAGE DETERMINATIONS 2005-2351 rev 10.pdf | ||
| Site Visit Minutes.pdf | ||
| Questions and Answers Refuse.pdf | ||
| FA4484-11-R-0004-0001 Change to Due Date.pdf | ||
| REFUSE | — | |
| Wage Determination Burlington County.pdf | ||
| Quality Assurance Plan.pdf | ||
| JB MDL Refuse Solicitation SF1449.pdf | ||
| Executive summary sheet Refuse.pdf | ||
| Past Perf Questionnaire.pdf | ||
| Past Pef Cover Letter.pdf | ||
| Wage Determination Ocean County.pdf | ||
| MAP REFUSE.pdf |
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Text version
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of this amendment is to:
1. Extend Offer Due Date, Block 8 of SF1449 from 27 June 2011at 4:00 pm to 6 July 2011 at 4:00 pm.
2. Replace Wage Determination No. 2005-2351 Rev 9 for Ocean County dated 01 Sep 2010 and Wage Det No. 2005-2449 Rev 10 for Burlington County dated 14 Sep 2010 w ith "Revised" Wage Det No. 2005-2351 Rev 10 for Ocean County and Wage Det 2005-2449 Rev 11 for Burlington County dated 13 June 2011.
3. Replace Performance Work Statement dated 14 Apr 2011 w ith "Revised" Performance Work Statement dated 20 Jun 2011. (See highlighted areas on PWS for changes)
4. Replace solicitation posted on 19 May 2011 w ith "Conformed" solicitation w hich revises CLIN's 0002AA, 0002AH, 0010AQ, 0011AM, 0015AC, 1002AA, 1002AH, 1010AQ, 1011AM, 1015AC, 2002AA, 2002AH, 2010AQ, 2011AM, 2015AC, 3002AA, 3002AH, 3010AQ, 3011AM, 3015AC, 4002AA, 4002AH, 4010AQ, 4011AM, 4015AC. Adds 0010AR, 1010AR, 2010AR, 3010AR, 4010AR,
5. See updated clauses All other terms and conditions remain the same.
***SEE SUMMARY OF CHANGES***
1. CONTRACT ID CODE PAGE OF PAGES
J 1 34
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 23-Jun-2011
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA4484-11-R-0004
X 9B. DATED (SEE ITEM 11)
19-May-2011
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
23-Jun-2011
CODE
87 CONS/LGC
2402 VANDENBERG AVE
MCGUIRE AIR FORCE BASE NJ 08641
FA4484 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
FA4484-11-R-0004
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The required response date/time has changed from 27-Jun-2011 04:00 PM to 06-Jul-
2011 04:00 PM.
SUPPLIES OR SERVICES AND PRICES
SUBCLIN 0002AA
The CLIN extended description has changed from Municipal Solid Waste / Food Waste Collection - 114 / 6 & 8 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS 1.1.1. & 1.1.3.2.) to Municipal Solid Waste / Food Waste Collection - 112 / 6, 8, 20, 30 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds)
(PWS 1.1.1. & 1.1.3.2.).
SUBCLIN 0002AH
The CLIN extended description has changed from Municipal Solid Waste / Food Waste Collection - 63 / 3 CY Dumpsters (FD - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 59 / 3 CY Dumpsters (FD - O&M Funds) (PWS 1.1.1.) .
SUBCLIN 0010AQ
The CLIN extended description has changed from Unscheduled Items Pick-up and Special Events - 30 CY Compactor (LNAES - O&M Funds) (PWS 1.1 & 1.1.3.2) to Unscheduled Items Pick-up and Special Events - 8 CY Compactor (LNAES - O&M Funds) (PWS 1.1 & 1.1.3.2).
The pricing detail quantity has decreased by 17.00 from 32.00 to 15.00.
SUBCLIN 0011AM
The CLIN extended description has changed from Construction and Demolition Debris Pick-up - 2 / 20 CY For WWTP Contaminated Sludge (FD - O&M Funds) (PWS 1.1.3.2) to Construction and Demolition Debris Pick-up (PWS 1.1.3.2) (DO NOT ENTER PRICING) ****CLIN NOT USED****.
The pricing detail quantity has decreased by 40.00 from 40.00 to 0.00.
The unit of issue Each has been deleted.
SUBCLIN 0015AC
The CLIN extended description has changed from Landfill Tipping Fees (MAFB - TWCF APS Cargo Funds) (PWS 1.5) ****UNIT OF ISSUE IS TONS**** to Landfill Tipping Fees (includes foreign trash) (MAFB - TWCF APS Cargo Funds) (PWS 1.5) ****UNIT OF ISSUE IS TONS****.
SUBCLIN 1002AA
6 & 8 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 112 / 6, 8, 20, 30 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS 1.1.1.).
SUBCLIN 1002AH
The CLIN extended description has changed from Municipal Solid Waste / Food Waste Collection - 63 / 3 CY Dumpsters (FD - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 59 / 3 CY
SUBCLIN 1010AQ
Compactor (LNAES - O&M Funds) (PWS 1.1 & 1.1.3.2) to Unscheduled Items Pick-up and Special Events - 8 CY
SUBCLIN 1011AM
CY For WWTP Contaminated Sludge (FD - O&M Funds) (PWS 1.1.3.2) to Construction and Demolition Debris Pick-up (PWS 1.1.3.2) (DO NOT ENTER PRICING) ****CLIN NOT USED****.
SUBCLIN 1015AC
Funds) (PWS 1.5) ****UNIT OF ISSUE IS TONS**** to Landfill Tipping Fees (includes foreign trash) (MAFB -
SUBCLIN 2002AA
6 & 8 CY Dumpsters & 3 / 35 Compactors (MAFB - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 112 / 6, 8, 20, 30 CY Dumpsters & 3 / 35 Compactors (MAFB - O&M Funds) (PWS 1.1.1.).
SUBCLIN 2002AH
The CLIN extended description has changed from Municipal Solid Waste / Food Waste Collection - 63 / 3 CY Dumpsters (FD - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 59 / 3 CY
SUBCLIN 2010AQ
Compactor (LNAES - O&M Funds) (PWS 1.1 & 1.1.3.2) to Unscheduled Items Pick-up and Special Events - 8 CY
SUBCLIN 2011AM
CY For WWTP Contaminated Sludge (FD - O&M Funds) (PWS 1.1.3.2) to Construction and Demolition Debris Pick-up (PWS 1.1.3.2) (DO NOT ENTER PRICING) ****CLIN NOT USED****.
CLIN 2012
The cost constraint NTE has been deleted.
SUBCLIN 2015AC
Funds) (PWS 1.5) ****UNIT OF ISSUE IS TONS**** to Landfill Tipping Fees (includes foreign trash) (MAFB -
SUBCLIN 3002AA
6 & 8 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 112 / 6, 8, 20, 30 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS
SUBCLIN 3002AH
The CLIN extended description has changed from Municipal Solid Waste / Food Waste Collection - 63 / 3 CY Dumpsters (FD - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 59/ 3 CY
SUBCLIN 3010AQ
Compacter (LNAES - O&M Funds) (PWS 1.1.3.1) to Unscheduled Items Pick-up and Special Events - 8 CY Compacter (LNAES - O&M Funds) (PWS 1.1.3.1).
SUBCLIN 3011AM
CY For WWTP Contaminated Sludge (FD - O&M Funds) (PWS 1.1.3.2) to Construction and Demolition Debris Pick-up (PWS 1.1.3.2) (DO NOT ENTER PRICING) ****CLIN NOT USED****.
SUBCLIN 3015AC
Funds) (PWS 1.5) ****UNIT OF ISSUE IS TONS**** to Landfill Tipping Fees (includes foreign trash) (MAFB -
SUBCLIN 4002AA
6 & 8 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 112 / 6, 8, 20, 30 CY Dumpsters & 3 / 35 CY Compactors (MAFB - O&M Funds) (PWS
SUBCLIN 4002AH
The CLIN extended description has changed from Municipal Solid Waste / Food Waste Collection - 63 / 3 CY Dumpsters (FD - O&M Funds) (PWS 1.1.1.) to Municipal Solid Waste / Food Waste Collection - 59/ 3 CY
SUBCLIN 4010AQ
Compactor (LNAES - O&M Funds) (PWS 1.1 & 1.1.3.2) to Unscheduled Items Pick-up and Special Events - 8 CY
SUBCLIN 4011AM
CY For WWTP Contaminated Sludge (FD - O&M Funds) (PWS 1.1.3.2) to Construction and Demolition Debris Pick-up (PWS 1.1.3.2) (DO NOT ENTER PRICING) ****CLIN NOT USED****.
SUBCLIN 4015AC
Funds) (PWS 1.5) ****UNIT OF ISSUE IS TONS**** to Landfill Tipping Fees (includes foreign trash) (MAFB -
SUBCLIN 0010AR is added as follows:
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0010AR 32 Each Base Year: 01 Oct 2011 - 30 Sep 2012
FFP
Unscheduled Items Pick-up and Special Events - 30 CY Compactor (LNAES - O&M Funds) (PWS 1.1 & 1.1.3.2) FOB: Destination
ESTIMATED
NET AMT
SUBCLIN 1010AR is added as follows:
UNIT UNIT PRICE ESTIMATED AMOUNT
1010AR 32 Each OPTION Option Year 1: 1 Oct 12 - 30 Sep 13
FFP
Unscheduled Items Pick-up and Special Events - 30 CY Compactor (LNAES -
SUBCLIN 2010AR is added as follows:
UNIT UNIT PRICE ESTIMATED AMOUNT
2010AR 32 Each OPTION Option Year 2: 1 Oct 13 - 30 Sep 14
FFP
Unscheduled Items Pick-up and Special Events - 30 CY Compactor (LNAES -
SUBCLIN 3010AR is added as follows:
UNIT UNIT PRICE ESTIMATED AMOUNT
3010AR 32 Each OPTION Option Year 3: 1 Oct 14 - 30 Sep 15
FFP
Unscheduled Items Pick-up and Special Events - 30 CY Compacter (LNAES - O&M Funds) (PWS 1.1.3.1)
SUBCLIN 4010AR is added as follows:
UNIT UNIT PRICE ESTIMATED AMOUNT
4010AR 32 Each OPTION Option Year 4: 1 Oct 15 - 30 Sep 16
FFP
Unscheduled Items Pick-up and Special Events - 30 CY Compactor (LNAES -
DELIVERIES AND PERFORMANCE
The following Delivery Schedule item for SUBCLIN 0010AQ has been changed from:
DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
POP 01-OCT-2011 TO
30-SEP-2012
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
F3A3Q5
To:
DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
POP 01-OCT-2011 TO
30-SEP-2012
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item has been added to SUBCLIN 0010AR:
POP 01-OCT-2011 TO
30-SEP-2012
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule Item has been deleted from SUBCLIN 0011AM:
POP 01-OCT-2011 TO
30-SEP-2012
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item for SUBCLIN 1010AQ has been changed from:
POP 01-OCT-2012 TO
30-SEP-2013
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
POP 01-OCT-2012 TO
30-SEP-2013
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item has been added to SUBCLIN 1010AR:
POP 01-SEP-2012 TO
30-SEP-2013
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule Item has been deleted from SUBCLIN 1011AM:
POP 01-OCT-2012 TO
30-SEP-2013
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item for SUBCLIN 2010AQ has been changed from:
POP 01-OCT-2013 TO
30-SEP-2014
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
POP 01-OCT-2013 TO
30-SEP-2014
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item has been added to SUBCLIN 2010AR:
POP 01-OCT-2013 TO
30-SEP-2014
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule Item has been deleted from SUBCLIN 2011AM:
POP 01-OCT-2013 TO
30-SEP-2014
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item for SUBCLIN 3010AQ has been changed from:
POP 01-OCT-2014 TO
30-SEP-2015
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
POP 01-OCT-2014 TO
30-SEP-2015
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item has been added to SUBCLIN 3010AR:
POP 01-OCT-2014 TO
30-SEP-2015
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule Item has been deleted from SUBCLIN 3011AM:
POP 01-OCT-2014 TO
30-SEP-2015
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item for SUBCLIN 4010AQ has been changed from:
POP 01-OCT-2015 TO
30-SEP-2016
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
POP 01-OCT-2015 TO
30-SEP-2016
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule item has been added to SUBCLIN 4010AR:
POP 01-OCT-2015 TO
30-SEP-2016
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
The following Delivery Schedule Item has been deleted from SUBCLIN 4011AM:
POP 01-OCT-2015 TO
30-SEP-2016
N/A 87 CES/CEO-F3A3Q5
MRS. LISA ROSS
3104 VANDENBERG AVE
MCGUIRE AFB NJ 08641
609-754-5476
INSPECTION AND ACCEPTANCE
The following Acceptance/Inspection Schedule was added for SUBCLIN 0010AR:
INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
Destination Government Destination Government
The following Acceptance/Inspection Schedule was added for SUBCLIN 1010AR:
The following Acceptance/Inspection Schedule was added for SUBCLIN 2010AR:
The following Acceptance/Inspection Schedule was added for SUBCLIN 3010AR:
The following Acceptance/Inspection Schedule was added for SUBCLIN 4010AR:
The following have been modified:
LIST OF DOCUMENTS
TITLE DATE NUMBER OF PAGES
EXECUTIVE SUMMARY SHEET 19 May 2011 2 PAST PERFORMANCE COVER LETTER 19 May 2011 1
PAST PERFORMANCE QUESTIONNAIRE 3
PERFORMANCE WORK STATEMENT 20 Jun 2011 33 WAGE DETERMINATIONS/BURLINGTON CNTY 13 Jun 2011 14 WAGE DETERMINATIONS/OCEAN COUNTY 13 Jun 2011 14
QUALITY ASSURANCE PLAN 14 APR 2011 4
BASE MAPS 8
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L.
111-5).
___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000).
(Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
_X_ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).
___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C.
657a).
_X_ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (10) [Reserved].
___ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-7.
___ (iii) Alternate II (MAR 2004) of 52.219-7.
_X_ (13) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).
___ (14)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9
___ (iii) Alternate II (OCT 2001) of 52.219-9.
___ (iv) Alternate III (JUL 2010) of 52.219-9.
___ (15) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
___ (16) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT
2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (JUNE 2003) of 52.219-23.
___ (18) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting
(DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (19) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)
(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)
(U.S.C. 657 f).
___ (21) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.
632(a)(2)).
___ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011).
___ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011).
_X_ (24) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).
___ (25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O.
13126).
_X_ (26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
_X_ (27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
_X_ (28) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
_X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29
U.S.C. 793).
__X_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
____ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
_X_ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (33) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)
___ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products
(DEC 2007) (E.O. 13423) .
___ (ii) Alternate I (DEC 2007) of 52.223-16. .
___ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).
___ (37) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).
___ (38)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (40) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
___ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10
U.S.C. 2307(f))
___ (44) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_X_ (45) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31
U.S.C. 3332).
___ (46) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY
1999) (31 U.S.C. 3332)
___ (47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
___ (48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and
Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.)
____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2011)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.
_X_ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
(1) _X__252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).
(2) ___ 252.203-7003, Agency Office of the Inspector General (SEP 2010) (Section 6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).
(3) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.
2416).
(4) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637).
(5) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).
(6)(i) _X_ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).
(ii) ____ Alternate I (DEC 2010) of 252.225-7001.
(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).
(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b).
(9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.
2533a).
(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).
(12) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (SEP 2008)
(iii) ___ Alternate II (DEC 2010) of 252.225-7021.
(13) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.
2779).
(14) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.
2755).
(15)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (DEC 2010) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
(ii) ___ Alternate I (JUL 2009) of 252.225-7036.
(iii) ___ Alternate II (DEC 2010) of 252.225-7036.
(iv) ___ Alternate III (DEC 2010) of 252.225-7036.
(16) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.
2534(a)(3)).
(17) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).
(18) ____ 252.227-7015, Technical Data--Commercial Items (MAR 2011) (10 U.S.C. 2320).
(19) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).
(20) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).
(21) ____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).
(22) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).
(23) __X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).
(24)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Public Law 111-84).
(25)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).
(26)(i) __X_ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(ii) ____ Alternate I (MAR 2000) of 252.247-7023.
(iii) ____ Alternate II (MAR 2000) of 252.247-7023.
(iv) ____ Alternate III (MAY 2002) of 252.247-7023.
(27) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).
(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).
(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).
(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).
(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
The following included by reference have been revised:
52.212-5 (Dev) Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items (Deviation)
MAR 2011
52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-10 Waste Reduction Program AUG 2000 52.223-18 Contractor Policy to Ban Text Messaging While Driving. SEP 2010 52.245-1 Government Property AUG 2010
The following included by full text have been revised:
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"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 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.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(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 (o) 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)(i) 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) (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)(10)(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: ____________.)
(11) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [squ] is, [squ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [squ] is, [squ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each…
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