FA4484-12-R-0009 Updated 27 Feb 12.doc

Section SF 1449 - CONTINUATION SHEET

EVALUATION COMMERCIAL ITEMS

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE

PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED

INCORPORATED BY REFERENCE.

52.212-2

BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors past and present performance history will be evaluated on a basis significantly more important than price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

A. Initially offers shall be ranked according to price, including option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing

Schedule by the unit price for each item to confirm the extended amount for each. Copies of the

Pricing Schedule will be necessary in order to submit a proposal for each Option Year.

B. Using questionnaires, the contracting officer shall seek relevant performance information on the lowest five to seven offerors based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevant performance includes performance of efforts involving Sanitary Sewer Removal and Cleaning Services, that are similar or greater in scope,magnitude and complexity than the effort described in this solicitation. The government reservesthe right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in MP5315.3, Table 3. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

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

D. If the lowest priced evaluated offer is judged to have a “Substantial Confidence” performance rating and is determined to be responsible, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

E. The government reserves the right to award a contract to other than the lowest priced offeror if the lowest priced offeror is judged to have a performance confidence assessment of "Satisfactory Confidence" or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision.

F. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance.

Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond.

Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

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

INSTRUCTIONS TO OFFERORS

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE

PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED

INCORPORATED BY REFERENCE.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows:

“The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.”

ADDENDA TO 52.212-1 PROPOSAL PREPARATIONS INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts; Part I – Price Proposal, and Part II – Past Performance Information.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

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

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Insert proposed unit and extended prices in the Pricing Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal(s) must be submitted for a base year plus four (4) Option Years.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR

52.212-3 shall be returned along with the proposal.

(d) Provide proof of small business certification.

2. PART II – PAST PERFORMANCE INFORMATION - Only references for same or similar type contracts are desired. Submit original and one (1) copy.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years:

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

(b) Past Performance Surveys: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as other Federal government offices and commercial sources, to assess performance. Provide a list of no more than seven (7), of the most relevant contracts performed for Federal agencies and commercial customers within the last three years. Relevant contracts include Sanitary Sewer Removal and Cleaning Services. The evaluationof past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

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

(d) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement

(PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

The basis for contract award will be based on the offeror’s compliance with the requirements of the solicitation and Contracting Officer determination of price fair and reasonableness using fair market price.

General Information

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals must be delivered to the 87th Contracting Squadron, 2402 Vandenberg Ave, Joint Base McGuire-Dix-Lakehurst, NJ. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror.

Offerors are cautioned that Joint Base McGuire-Dix-Lakehurst, NJ has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance.

SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS.

Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository

PRIOR to the time specified for receipt. Late proposals will be processed in accordance with

FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

PRICING SUMMARY SHEET

PRICING SUMMARY SHEET

LIST OF DOCUMENTS

TITLE________________________ DATE______________ PAGES______________

Executive Summary

13 Feb 2012

Past Performance Cover Letter

Past Performance Questionnaire

PRICING SUMMARY

SUMMARY OF PRICES FOR BASE YEAR AND TWO OPTION YEARS

BASE PERIOD (1 APR 11 – 30 SEP 12) $_______________EST

FIRST OPTION YEAR (1 OCT 12 – 30 SEP 13) $________________EST

SECOND OPTION YEAR (1 OCT 13 – 30 SEP 14) $________________EST

THIRD OPTION YEAR (1 OCT 14 – 30 SEP 15) $________________EST

FOURTH OPTION YEAR (1 OCT 15 – 30 SEP 16) $________________EST

GRAND TOTAL (BASE PERIOD PLUS FOUR OPTION YEARS) $________________EST

NOTE 1: COMPLETE UNIT PRICES AND TOTAL AMOUNTS FOR EACH LINE ITEM IN THE SOLICITATION. TOTAL MUST BE EXACT. PLEASE DO NOT ROUND OFF.

NOTE 2: IN CASE OF VARIATION BETWEEN UNIT PRICE AND EXTENSION, UNIT PRICE WILL BE CONSIDERED THE OFFER.

NOTE 3: FAILURE TO PROVIDE PRICING ON ALL CLINS (LINE ITEMS) WILL BE CONSIDERED A NON-CONFORMING PROPOSAL AND WILL PRECLUDE THE PROPOSAL FROM ANY FURTHER AWARD CONSIDERATION.

NOTE. 4: CLAUSES AND PROVISIONS IN THIS DOCUMENT WILL BE NUMBERED IN SEQUENCE, BUT WILL NOT NECESSARILY APPEAR IN CONSECUTIVE ORDER.

NOTE 5: INSTRUCTIONS TO OFFERORS FOR COMMERCIAL ACQUISITIONS, OFFEROR REPRESENTATIONS AND CERTIFICATION- COMMERCIAL ITEMS AND PROPOSAL PREPARATION INSTRUCTIONS WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED TO BE INCORPORATED BY REFERENCE IN THE AWARD.

NOTE 6: FAR 52.228-5 INSURANCE WORK ON GOVERNMENT INSTALLATION

(a) Reference FAR Clause 52.228-5 entitled”insurance work on government installation”. The contractor shall, at their own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

1. Workmen’s compensation and employers liability insurance is required by law except that if this contract is to be performed in a state which does not require or permit private insurance, the compliance with the statutory or administrative requirements in any such state will be satisfactory. The required workmen’s compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

2. General liability insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability of at least $500,000 per occurrence and property damage liability of at least $20,000 per occurrence.

3. Automobile liability insurance written on the comprehensive form of policy shall be required. Such policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performance of this contract. The policy shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per occurrence for property damage shall be required.

4. The amount of coverage on all policies shall be commensurate with any state and local requirements and shall be sufficient to meet normal and customary claims.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective—

1. For such period as the laws of the State in which this contract is to be performed prescribe; or

2. Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

BASE YEAR 01 APR 12 - 30 SEP 12

FFP

INFORMATIONAL CLIN ONLY The contractor shall furnish all plant, labor,equipment, tools, supplies, and material to perform the emptying,cleaning, inspection, transporting, and off loading of sanitary sewer effluent from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

FOB: Destination

SIGNAL CODE: A

ESTIMATED

NET AMT

0001AA

Service 50K gallon bladders

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

0001AB

Service 3K gallon bladders

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

0001AC

Service permanent latrines

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

0001AD

Service septic tanks

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

0001AE

Provide 1,000 gallon grey water tank

Includes setup and removal - as needed.

ESTIMATED

0001AF

Provide 10,000 gallon grey water tank

Includes setup and removal - as needed.

ESTIMATED

0001AG

Grease traps - Annually

Empty, clean, inspect, transport , and dispose of four (4) grease traps effluent.

ESTIMATED

0001AH

Grease traps - Quarterly

Empty, clean, inspect, transport , and dispose of ten (10) grease traps effluent.

ESTIMATED

0001AJ

Grease traps - Monthly

Empty, clean, inspect, transport , and dispose of five (5) grease traps effluent.

ESTIMATED

0001AK

Service Call

Service Call

ESTIMATED

FFP

The contractor shall furnish all plant, labor,equipment, tools, supplies, and material to perform the emptying,cleaning, inspection, transporting, and off loading of sanitary sewer effluent from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

NET AMT

1001AA

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

1001AB

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

1001AC

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

1001AD

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

1001AE

FFP

Includes setup and removal- as needed.

ESTIMATED

1001AF

FFP

Includes setup and removal - as needed.

ESTIMATED

1001AG

FFP

Empty, clean, inspect, transport , and dispose of four (4) grease traps effluent.

ESTIMATED

1001AH

FFP

Empty, clean, inspect, transport , and dispose of ten (10) grease traps effluent.

ESTIMATED

1001AJ

FFP

Empty, clean, inspect, transport , and dispose of five (5) grease traps effluent.

ESTIMATED

1001AK

FFP

Service Call

ESTIMATED

FFP

INFORMATIONAL CLIN ONLY The contractor shall furnish all plant, labor,equipment, tools, supplies, and material to perform the emptying,cleaning, inspection, transporting, and off loading of sanitary sewer effluent from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

NET AMT

2001AA

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

2001AB

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

2001AC

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

2001AD

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

2001AE

FFP

Includes setup and removal- as needed.

ESTIMATED

2001AF

FFP

Includes setup and removal- as needed.

ESTIMATED

2001AG

FFP

Empty, clean, inspect, transport , and dispose of four (4) grease traps effluent.

ESTIMATED

2001AH

FFP

Empty, clean, inspect, transport , and dispose of ten (10) grease traps effluent.

ESTIMATED

2001AJ

FFP

Empty, clean, inspect, transport , and dispose of five (5) grease traps effluent.

ESTIMATED

2001AK

FFP

Service Call

ESTIMATED

FFP

INFORMATIONAL CLIN ONLY The contractor shall furnish all plant, labor,equipment, tools, supplies, and material to perform the emptying,cleaning, inspection, transporting, and off loading of sanitary sewer effluent from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

NET AMT

3001AA

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

3001AB

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

3001AC

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

3001AD

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

3001AE

FFP

Includes setup and removal - as needed.

ESTIMATED

3001AF

FFP

Includes setup and removal - as needed.

ESTIMATED

3001AG

FFP

Empty, clean, inspect, transport , and dispose of four (4) grease traps effluent.

ESTIMATED

3001AH

FFP

Empty, clean, inspect, transport , and dispose of ten (10) grease traps effluent.

ESTIMATED

3001AJ

FFP

Empty, clean, inspect, transport , and dispose of five (5) grease traps effluent.

ESTIMATED

3001AK

FFP

Service Call

ESTIMATED

FFP

INFORMATIONAL CLIN ONLY The contractor shall furnish all plant, labor,equipment, tools, supplies, and material to perform the emptying,cleaning, inspection, transporting, and off loading of sanitary sewer effluent from soft shell water storage tanks (bladders), septic tanks, permanent latrine holding pits and septic tanks, contractor provided holding tanks, and grease traps at JB MDL in accordance with the performance work statement.

NET AMT

4001AA

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

4001AB

FFP

Empty, inspect, transport, and dispose grey water effluent.

ESTIMATED

4001AC

FFP

Empty, clean, inspect, transport, and dispose the permanent latrine effluent.

ESTIMATED

4001AD

FFP

Empty, clean, inspect, transport, and dispose effluent.

ESTIMATED

4001AE

FFP

Includes setup and removal - as needed.

ESTIMATED

4001AF

FFP

Includes setup and removal - as needed.

ESTIMATED

4001AG

FFP

Empty, clean, inspect, transport , and dispose of four (4) grease traps effluent.

ESTIMATED

4001AH

FFP

Empty, clean, inspect, transport , and dispose of ten (10) grease traps effluent.

ESTIMATED

4001AJ

FFP

Empty, clean, inspect, transport , and dispose of five (5) grease traps effluent.

ESTIMATED

4001AK

FFP

Service Call

ESTIMATED

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

AMOUNT

0001AA

0001AB

0001AC

0001AD

0001AE

0001AF

0001AG

0001AH

0001AJ

0001AK

1001AA

1001AB

1001AC

1001AD

1001AE

1001AF

1001AG

1001AH

1001AJ

1001AK

2001AA

2001AB

2001AC

2001AD

2001AE

2001AF

2001AG

2001AH

2001AJ

2001AK

3001AA

3001AB

3001AC

3001AD

3001AE

3001AF

3001AG

3001AH

3001AJ

3001AK

4001AA

4001AB

4001AC

4001AD

4001AE

4001AF

4001AG

4001AH

4001AJ

4001AK

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2012

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2012

F3A3Q5

30-SEP-2013

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2013

F3A3Q5

30-SEP-2014

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2014

F3A3Q5

30-SEP-2015

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2015

F3A3Q5

30-SEP-2016

MR. JOSEPH FLEMMING

3104 VANDENBERG AVE

MCGUIRE AFB NJ 08641

609-754-4868

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

30-SEP-2016

F3A3Q5

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

1. Past Performance

2. Price

PAST PERFORMANCE IS IAW 15.304(e)(1) SIGNIFICANTLY MORE IMPORTANT THAN PRICE WHEN BEING EVALUATED.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 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.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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…