Aerobics Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK (SOW)

STATEMENT OF WORK

FOR

Aerobics Classes

AT

Joint Base McGuire-Ft. Dix-Lakehurst

87 FSS/FSVS

STATEMENT OF WORK

FOR

87 FSS/FSVS

Aerobics Classes

AT

Joint Base McGuire-Ft. Dix-Lakehurst

1.0 DESCRIPTION OF SERVICES. The Contractor will provide the expertise needed to operate a well rounded exercise program, (i.e. high/low impact, cardio kick boxing, circuit training, pilates, yoga, spinning, floor, abs, and others as determined by customer surveys) as defined in this statement of work for military, retirees, dependents, and DOD personnel and their eligible family members at McGuire AFB. The physical address is as follows:

87 FSS/FSVS

Bldg 2504 POW/MIA Blvd

McGuire AFB, NJ 08641

Griffith Field House

Bldg 6053

8th & Millville Streets

Ft Dix, NJ 08640

Doughboy Gym

Bldg 5953

Orlando Street

Ft Dix, NJ 08640

Lakehurst Fitness Center

Bldg 123, Lakehurst NJ, 08733 1.1.1 CONTRACTOR QUALIFICATIONS: Contractor will recruit and schedule qualified instructors who possess as a minimum 6 months experience instructing large groups of 15 or more students, must have the proper certification from a national recognized certifying body for the type of aerobics being taught, and will have liability insurance and will ensure all instructors possess a current BLS or CPR/AED card through the American Heart Association or the American Red Cross. All certifications must be valid prior to instructor beginning classes and must remain in effect throughout their period of employment with the contractor. Group exercise certifications will only be accepted through AFAA, ACE, NAFTA, NSCA, Coopers, and ACSM, or others approved in advance by FCD. Specialized certifications may be needed for certain class format, i.e. zumba, yoga, turbo kick, etc.

Contractor will be responsible for the performance of work. An alternate, if available, shall be designated in writing to the Fitness Center Director’s (FCD) or Designee. All instructors shall present a neat appearance and be easily recognized. Proper athletic attire will be worn at all times. Attire will be in good taste and subject to the approval of the Fitness Directors.

Contractor is reminded that off-duty, active duty military personnel hired may be subject to permanent change of station, change of duty hours, or deployment. Their absence does not constitute a valid excuse for nonperformance under this agreement. The contractor shall insure that all work performed under this SOW meets t he above criteria.

SPECIFIC TASKS: The contractor must maintain a file on each instructor, which includes a copy of his or her Certification(s), and CPR/AED, BLS and first aid card. Current copies of all instructors certifications/CPR/AED must be provided to the FCD/Alternate. The contractor must provide instruction for special events, such as an Aerobic Step-a–thon, Holiday aerobic marathon and aerobic seminar during any given month.

The FCD shall coordinate with the ACM at least one month in advance to express any special needs for the coming month. The contractor shall ensure each instructor incorporates standardized safe warm-up, stretching, and exercises techniques. A minimum of two (2) target heart rate checks will be performed during class, as well as a safe cool down period to conclude the cardio segment of each class.

Instructors will provide specialized instruction for students of each class. Instructors will provide secialized instruction for students to demonstrate high and low techniques/options and tailor classes to the ability level of participants.

The contractor will conduct random surveys of class participants to collect feedback on quality of instructors and instruction given during the preceding quarter. Survey materials shall be provided to the contractor. Instructor will have participants return completed surveys to the Fitness Center’s front counter.

The contractor shall provide and ensure instructors maintain an instructor’s sign-in log. Instructors must sign-in prior to the start of each class.

The contractor shall provide and ensure instructors maintain a daily attendance log, which includes his/her name, date and class time and name of participants. Rosters will be kept in a three ring binder and maintained in the group exercise room. This log must be available to the FCD or Designee upon request.

The contractor shall ensure instructors arrive at least 15 minutes prior to their scheduled class time to prepare to instruct. The Fitness Center staff will monitor class start times and document any late starts and the apparent cause. Failure to maintain standards may result in contract deductions.

Set-up and break down of all equipment is the responsibility of the instructor. At the conclusion of the class, instructors shall ensure all equipment is cleaned to remove dirt, body oils and perspiration and returned to the appropriate storage location. Instructors may require class participants to clean equipment and return it to storage. Cleaning supplies will be provided by the Government.

A class shall be cancelled if it is not started within 15 minutes of scheduled start time. Class cancelled due to the fault of the contractor shall not be billed to the Government.

The FCD or designated representative shall verify completion of work under this agreement. The contractor shall ensure instructors are aware that they must notify the on-duty fitness center staff of any injuries or accidents associated with the group exercise customer. Should ambulatory services be needed, the fitness center staff shall notify the proper entity for assistance. If the fitness center staff is not readily available; the group exercise instructor has the authority to call 911.

The contractor will ensure instructors use a sound system and microphone and be familiar with their operation. The contractor will ensure an instructor will be provided for all scheduled classes or a qualified substitute if the primary instructor cannot teach. Unless for a bona fide emergency, the FCD or Designee must be notified one day prior of a qualified substitute instructor. This instructor must teach the scheduled class format unless a change is granted by the FCD.

1.1.2 WORKING HOURS: The contractor shall ensure that certified group exercise instructors are available to conduct scheduled classes as specified. The contractor will schedule all instructors.

The contractor may also instruct classes if he/she chooses to do so. Schedule will include 52 classes per week. 20 @McGuire, 18@ Ft. Dix, and 14 @ Lakehurst. Classes will be at least 60 minutes in length. Note: Class schedule is subject to change as needed based on patron/program requirements. FCD may cancel; altar times, or add classes due to mission requirements and real world circumstances. The contractor will be notified at a minimum of 8 hours in advance of any changes. In the event of a base closure, classes will be cancelled at no costs to the Government. During severe weather conditions the contractor/designee will contact McGuire, 609-754-BASE, Ft. Dix 609-562-4065, Lakehurst 732-323-7266 to determine reporting requirements. Contractor shall teach classes 7 days per week.

1.1.3 INABILITY TO PROVIDE SERVICE: If the contractor cannot provide service for any reason on any given day, he/she will be responsible for giving sufficient notice to the CM. The contractor shall contact the CM via phone, written notification, or email.

1.1.4 FEES: No fees will be collected at any time for these classes.

1.1.5 CONTRACT TERMINATION: The contractor or the Government may cancel this contract with a written notice requesting contract termination. The notice shall be submitted to the Contracting office no less than 30 days before the requested termination date.

1.1.6 RELOCATION: The Government may relocate the aerobics classes to another Force Support

Squadron location.

2.0 SERVICE DELIVERY SUMMARY:

GENERAL PROGRAM SUPPORT

Contractor Qualifications

GENERAL PROGRAM SUPPORT

Working Hours

GENERAL PROGRAM SUPPORT

Inability To Provide Service

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES:

The CM shall provide a designated area at each fitness center suitable for group exercise instruction. In addition, the CM shall provide materials and equipment necessary to conduct classes (steps, dumbbells, mats, sound system). Any equipment not operational must be reported to the fitness center staff immediately. Any needs which are not met and for which the government funds are not available will be dealt with on a case by case basis.

4.0

GENERAL INFORMATION:

4.1

CONTRACTOR PERSONNEL MINIMUM QUALIFICATIONS

4.1.1 CONTRACT MANAGER: The contractor shall provide a contract manger who shall be responsible for the performance of the work, having a lead instructor at each facility. The name of this person and an alternate(s) who shall act for the contractor in his/her absence, shall be designated in writing to the contracting office and FCD’s prior to the contract start date. The contract manager or alternate(s) shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract. The contract manager and alternate(s) must be able to read, write, and speak and understand the English language.

4.1.2 CONTRACTOR EMPLOYEES: Contractor personnel shall present a neat appearance, meticulous in their personal grooming at all times, wear appropriate clothing and be easily recognized as the instructor. The contractor shall insure all contractors employees have access badges for McGuire AFB prior to the contract start date. These said employees may not at any time solicit any personal or outside business for personal gain. This could cause immediate cancellation of the instructor and or aerobics contract.

4.2 SMOKING, EATING, and DRINKING: The contractor may smoke, eat, and drink in designated areas only.

4.3 DRIVING LICENSE/ON BASE REQUIREMENTS: The contractor and alternate employees shall comply with the base traffic regulations. The contractor shall ensure they possess a current and valid state/country driver’s license.

4.4 PHYSICAL SECURITY: The contractor shall safeguard all government property, and report any visible danger to the Fitness Center building custodian promptly.

4.5 FEDERAL HOLIDAYS: The following federal holidays are observed by this installation. Services are not to be rendered on these dates unless mutually agreed upon in advance by the contractor and CM.

New Year’s Day, January 1 or the Friday preceding or Monday following

Martin Luther King’s birthday, 3rd Monday in January

President’s Day, 3rd Monday in February

Memorial Day, last Monday in May

Independence Day, July 4 or Friday preceding or Monday following

Labor Day, first Monday in September

Columbus Day, 2nd Monday in October

Veterans Day, November 11 or the Friday preceding or Monday following

Thanksgiving Day, 4th Thursday in November

Christmas Day, December 25 or the Friday preceding or Monday following

4.6 CONSERVATION OF UTILITIES: The contractor shall ensure the employees practice energy conservation while using government furnished facilities.

4.7

FUNCTIONS/RESPONSIBILITIES OF THE GOVERNMENT:

The CM will gather all pertinent information about the services and insure that they are Marketed initially when first starting up and then regularly year round to keep continued interest and visibility to the offered service.

The CM will notify the contractor of any appointments that must be postponed/cancelled due to mission requirements, inclement weather, base closure, or other unanticipated services.

The CM will notify the contractor no less than 30 days in advance of the date the Government wishes to terminate this contract.

4.8 COMPENSATION: No compensation will be gathered for these classes.

4.9 PERFORMANCE OF SERVICE DURING CRISIS DECLARED BY THE THE PRESIDENT OR THE SECRETARY OF DEFENSE OR OVERSEAS COMBATANT COMMANDER:

The Contractor will call the 87 FSS Squadron Supervisor to verify if their services are required. Otherwise, there’s no need to report for duty under these circumstances.

4.10 PERFORMANCE OF SERVICE DURING CRISIS DECLARED BY THE LOCAL INSTALLATION COMMANDER:

The Contractor will call the 87 FSS Squadron Supervisor to verify if their services are required.

4.11 QUALIFICATION SUBMITTALS: Contractor must provide the following for each employee (permanent/temporary): a resume; references to include name, telephone number, fax number, and e-mail address (no less than two); and college transcripts (unofficial) or proof of qualifying work experience or knowledge.

4.12 INVOICES: Contractor will utilize Wide Area Work Flow (WAWF) for the creation of electronic invoices. Invoices without timesheets will not be accepted.

AEROBICS AT 3 CENTERS JBMDL VARIOUS AER

FFP

AEROBICS AT 3 CENTERS JBMDL VARIOUS AEROBIC CLASSES 04/01/2012 THRU 03/31/2013

FOB: Destination

PURCHASE REQUEST NUMBER: F3A3901322A001

NET AMT

JBMDL AEROBIC MARATHONS AT EACH CENTER

FFP

JBMDL AEROBIC MARATHONS AT EACH CENTER 04/01/2012 THRU 03/31/2013

PURCHASE REQUEST NUMBER: F3A3901322A001

NET AMT

FFP

AEROBICS AT 3 CENTERS JBMDL VARIOUS AEROBIC CLASSES 04/01/2013 THRU 03/31/2014

NET AMT

FFP

JBMDL AEROBIC MARATHONS AT EACH CENTER 04/01/2013 THRU 03/31/2014

NET AMT

FFP

AEROBICS AT 3 CENTERS JBMDL VARIOUS AEROBIC CLASSES 04/01/2014 THRU 03/31/2015

NET AMT

FFP

JBMDL AEROBIC MARATHONS AT EACH CENTER 04/01/2014 THRU 03/31/2015

NET AMT

FFP

AEROBICS AT 3 CENTERS JBMDL VARIOUS AEROBIC CLASSES 04/01/2015 THRU 03/31/2016

NET AMT

FFP

JBMDL AEROBIC MARATHONS AT EACH CENTER 04/01/2015 THRU 03/31/2016

NET AMT

FFP

AEROBICS AT 3 CENTERS JBMDL VARIOUS AEROBIC CLASSES 04/01/2016 THRU 03/31/2017

NET AMT

FFP

JBMDL AEROBIC MARATHONS AT EACH CENTER 04/01/2016 THRU 03/31/2017

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2013

MICHAEL ROSSELL

2603 TUSKEGEE AIRMAN AVE

MCGUIRE AFB NJ 08641

609-754-4047

F3A390

31-MAR-2013

F3A390

31-MAR-2014

F3A390

31-MAR-2014

F3A390

31-MAR-2015

F3A390

31-MAR-2015

F3A390

31-MAR-2016

F3A390

31-MAR-2016

F3A390

31-MAR-2017

F3A390

31-MAR-2017

F3A390

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

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

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

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

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

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

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

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

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

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

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

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 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 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:

(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:

[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:

(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:

(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:

(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,…