FA4484-12-T-0001 Freezer Maintenance OKPMZ.pdf

87 CONS/LGC

2402 VANDENBERG AVE

MCGUIRE AIR FORCE BASE NJ 08641

609-754-2413

609-754-3735

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

7m

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA4484-12-T-0001 07-Oct-2011

b. TELEPHONE NUMBER

609-754-2812

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 25 Oct 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA4484

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F3A4S9 16. ADMINISTERED BY

87 MED GROUP-F3A4S9

SSGT TAMI E. LANDIS

3458 NEELY ROAD

MCGUIRE AFB NJ 08641

TEL: 609-754-9309 FAX: 609-754-9304

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MATHUEI M KENNEYBREW

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

811310

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F3A4S91199A001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

0 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA4484-12-T-0001

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

SERVICES-NON PERSONAL

Scope: The Armed Services Whole Blood Processing Laboratory East (ASWBPL-East) located at McGuire AFB;

New Jersey REQUIRES qualified (Harris/REVCO models MBF-500 & MBF-700) Chest Freezer repair technicians to perform routine maintenance on 10 freezer with temperature that ranges -65°C to -85°C degree and 39 freezer with temperature that ranges -55°C to -85°C degree. The freezer’s store the Armed Forces sole supply of frozen blood products which support EUCOM, CENTCOM, and NORTHCOM theatres of operation. The freezers require semi-annual preventive maintenance that will be completed by the contractor’s service representative or a qualified technician who has been trained by the contractor in the procedures for performing all aspects of the preventive maintenance.

PRINCIPLE FEATURES OF WORK

1.1 The contractor and contractor’s service technicians shall furnish all labor, test equipment, tools, transportation, and replacement parts to maintain 49 Kendro (Harris/Revco models MBF-500 & MBF-700) Chest Freezers.

Perform all work required to accomplish the preventive maintenance procedures. The contractor will be required to trade out parts to minimize down time, additionally, said parts should be available overnight or up to 5 days from the factory and once installed should be capable of restoring the system to normal.

1.2 Work will be performed routinely during the standard and duty hours 0730-1600 Mon.-Fri. and as determined by the Federal Holiday schedule.

1.3 The contractor will provide a service and support point of contact to include name, title, address, and phone number. All ASWBPL personnel shall be authorized to place calls for routine service. The service technicians and or service contract technician will coordinate all work with the Director, NCOIC, or Designee at ASWBPL-East McGuire AFB, New Jersey, 609-754-2442 prior to starting any work. No work shall be accomplished until such coordination is accomplished.

1.4 RESPONSE TIME: Corrective maintenance requirements will be classified as routine according to the definitions below. Routine service will be performed during normal duty hours 0730-1600 Mon-Fri excluding weekends and Federal holidays. The contractor shall respond within three working days after they have been notified of a routine problem.

1.5 The contractor or contractor service technicians shall guarantee that all services performed under this contract are done in a professional workman like manner, and in accordance with industry general good practice.

1.6 The contractor shall provide two (2) scheduled maintenance Inspections (PMI’s) per year. The contractor shall provide all test, adjustments, lubrication etc. in accordance with the manufacturer’s maintenance instructions. These PMI’s shall be billed as two items. This will include adjustment and part(s) replacement. The contractor shall schedule the PMI’s around June and December, but coordination must be made with ASWBPL Director, NCOIC, or Designee.

1.7 The contractor service technicians shall provide only spare parts and test equipment that meets or exceeds the manufacturer’s recommendations for preventive maintenance. Technicians must have or possess ready access to very specialized parts, refrigerants and equipment unique to this technology.

1.8 The contractor’s service technicians will provide a detailed service report for each aspect of service they have completed and it will signed by an ASWBPL representative prior to the contractor departing.

2. LOCATION OF WORK: The work shall be performed exclusively at ASWBPL-East 1705 W. Arnold Avenue, McGuire AFB, NJ

3. FIRE PREVENTION DURING PREVENTIVE MAINTENANCE: Contractor’s service technicians shall comply with the requirements of the Base Fire Protection Standards and the Base Fire Chief. Copies of the standards may be seen or obtained at the Base Fire Station, Building 1708.

4. ENVIRONMENTAL PROTECTION:

The contractor is required to comply with all applicable State and Federal laws, State and Federal regulations include, but are not limited to: environmental and occupational safety and health. The contractor shall be responsible for penalties, fines, or natural resource damage claims that may be required or assessed by the Sate of New Jersey, Federal or Local Governments resulting from contractor performance or failure to perform, during the course of this contract. The Government will inspect for environmental compliance at their discretion, and will notify the CO of any discrepancies found. In addition, the contractor may be subject to contractual sanctions including, but not limited to withholding, offset, termination, suspension, debarment, and adverse past performance assessment. Contractor’s service technicians shall possess the appropriate training and certificates required by the State and Federal Government in order to handle and utilize refrigerants. Copies of the appropriate certificates shall be provided to the CO prior to the commencement of work and those handling refrigerants shall maintain on their person at all times the appropriate identification card.

5. HAZARDOUS MATERIALS:

Any hazardous material or chemical to be used or stored by the contractor must be approved, in writing, by the CO prior to the contractor bringing that material on base. The contractor must utilize an AF Form 3000, Material Approval Submittal, listing each container of hazardous material stored, kept, or utilized, to include Material Safety Data Sheets (MSDS). MSDS sheets must also be displayed on-site for access by contractor employees as well as the government, per OSHA requirements. Contractor must maintain at the site in a binder, current copies of MSDSs for every product utilized or stored at each facility. Contractor is required to track and record the quantities of every product used on a monthly basis and provide a monthly report to the CO with a copy to 305CES/CEV. Excess materials must be properly handled and disposed of by the Contractor at Contractor’s expense.

6. NOTIFICATION OF ENVIRONMENTAL SPILLS:

In the event that the contractor spills or releases any unpermitted substance, hazardous substance or hazardous waste into the environment, the contractor shall immediately report the incident to the Fire Department, the CO, and the designated government representative. The contractor shall be liable for the costs of clean up and remediation of any spills or the release of such substance into the environment.

7. UTILITIES: All reasonable quantities of utilities will be made available to the field service technician without charge.

8. SAFETY OF WORKERS: The contractor and its employees shall comply with the Federal Occupational Safety and Health Standards and rules, regulations, and orders pursuant to the “Occupational Safety and Health Act”.

9. PASS AND IDENTIFICATION: The contractor service technicians shall obtain the necessary passes and/or identification for entry onto McGuire AFB for all employees prior to the commencement of work. The contractor must have in their possession a valid driver’s license, current registration and current auto insurance on any vehicle they are expecting to access McGuire AFB with. Normally, the contractor will check-in at the 24 hour gate then call ASWBPL so one of ASWBPL’s technicians can escort the contractor or service representative to and from the gate and for the duration of time they are on the base. The government reserves the right to refuse entry to any employee of the company for any reason deemed valid by the government.

10. GOVERNMENT PROPERTY: The contractor shall be responsible for any damage to government property caused by its employees.

11. CLEAN UP:

The contractor or contractor’s service technicians shall remove all contract generated debris from the job site at the end of each work day and dispose of off base, at no additional cost to the government. Disposal shall be in strict accordance with local, and state of New Jersey laws and ordinances.

PRICING SUMMARY

SUMMARY OF PRICES FOR BASE YEAR AND FOUR OPTION YEARS

BASE YEAR (1Nov 11 – 31 Oct 2012) $________________ FIRST OPTION YEAR (1 Nov 12 – 31 Oct 13) $________________ SECOND OPTION YEAR (1 Nov 13 – 31 Oct 14) $________________ THIRD OPTION YEAR (1 Nov 14 – 31 Oct 15) $________________ FOURTH OPTION YEAR (1 Nov15 – 31 Oct 16) $________________

GRAND TOTAL (BASE YEAR PLUS FOUR OPTION YEARS) $________________

NOTE 1: COMPLETE UNIT PRICES AND TOTAL AMOUNTS. 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 GOVENMENT INSTALLATION

Reference FAR clause 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 maximum liability of $100,000.

2. General liability insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability 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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 49 Each Preventive Maintenance Base Yr

FFP

Base Yr Period of Performance: 1 Nov 2011 - 31 Oct 2012. IAW with the attached Statement of Work, Contractor shall provide PREVENTIVE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

FOB: Destination

PURCHASE REQUEST NUMBER: F3A4S91199A001

SIGNAL CODE: A

NET AMT

0002 2 Each Semi Annual Routine Maint Base Yr

FFP

Base Yr Period of Performance: 1 Nov 2011 - 31 Oct 2012 IAW with the attached Statement of Work, Contractor shall provide semi-annual ROUTINE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

FOB: Destination

PURCHASE REQUEST NUMBER: F3A4S91199A001

1001 49 Each Preventive Maintenance Opt Yr1

FFP

Option Yr 1 Period of Performance: 1 Nov 2012 - 31 Oct 2013. IAW with the attached Statement of Work, Contractor shall provide PREVENTIVE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

FOB: Destination

1002 2 Each Semi Annual Routine Maint Opt Yr 1

FFP

Option Yr 1 Period of Performance: 1 Nov 2012 - 31 Oct 2013. IAW with the attached Statement of Work, Contractor shall provide semi-annual ROUTINE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

2001 49 Each Preventive Maintenance Opt Yr2

FFP

Option Yr 2 Period of Performance: 1 Nov 2013 - 31 Oct 2014. IAW with the attached Statement of Work, Contractor shall provide PREVENTIVE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

2002 2 Each Semi Annual Routine Maint Opt Yr 2

FFP

Option Yr 2 Period of Performance: 1 Nov 2013 - 31 Oct 2014. IAW with the attached Statement of Work,Contractor shall provide semi-annual ROUTINE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

3001 49 Each Preventive Maintenance Opt Yr3

FFP

Option Yr 3 Period of Performance: 1 Nov 2014 - 31 Oct 2015. IAW with the attached Statement of Work, Contractor shall provide PREVENTIVE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

3002 2 Each Semi Annual Routine Maint Opt Yr 3

FFP

Option Yr 3 Period of Performance: 1 Nov 2014 - 31 Oct 2015. IAW with the attached Statement of Work, Contractor shall provide semi-annual ROUTINE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

4001 49 Each Preventive Maintenance Opt Yr4

FFP

Option Yr 4 Period of Performance: 1 Nov 2015 - 31 Oct 2016. IAW with the attached Statement of Work, Contractor shall provide PREVENTIVE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

4002 2 Each Semi Annual Routine Maint Opt Yr 4

FFP

Option Yr 4 Period of Performance: 1 Nov 2015 - 31 Oct 2016. IAW with the attached Statement of Work, Contractor shall provide semi-annual ROUTINE

MAINTENANCE FOR 49 KENDRO/HARRIS FREEZERS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-NOV-2011 TO

31-OCT-2012

N/A 87 MED GROUP-F3A4S9

SSGT TAMI E. LANDIS

3458 NEELY ROAD

MCGUIRE AFB NJ 08641

609-754-9309

F3A4S9

0002 POP 01-NOV-2011 TO

31-OCT-2012

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-NOV-2012 TO

31-OCT-2013

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-NOV-2012 TO

31-OCT-2013

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-NOV-2013 TO

31-OCT-2014

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-NOV-2013 TO

31-OCT-2014

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-NOV-2014 TO

31-OCT-2015

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-NOV-2014 TO

31-OCT-2015

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-NOV-2015 TO

31-OCT-2016

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-NOV-2015 TO

31-OCT-2016

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

AUG 2011

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation)

AUG 2011

52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-28 Post-Award Small Business Program Rerepresentation APR 2009 52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989 52.232-18 Availability Of Funds APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-6 Authorized Deviations In Clauses APR 1984

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

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 [ ] is, [ ] 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 [ ] is, [ ] 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 HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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 $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --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:

Line Item No. Country of Origin

(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.)

(i) 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, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,”

“domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements- Israeli Trade Act." The offeror shall list as other 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.”

Other Foreign End Products:

Line Item No. Country of Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

(List as necessary)

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) 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 Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ) Have, ( ) have not, 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) 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.

(B) 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.

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the

United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror (

) does ( ) does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see

FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that—

(i) The…