solicitation2 clean.doc

Section SF 1449 - CONTINUATION SHEET

ADDITIONAL INFORMATION

509th CONTRACTING SQUADRON

WHITEMAN AFB, MISSOURI

OFFERS ARE SOLICITED FOR: Carpet Installation IDIQ Services

1. Please be sure to read this entire package. See Bid Schedule, FAR Clause 52.212-1, FAR Clause 52.212-2, and FAR Clause 52.212-3 for required contents of your proposal. (Note: On-line Representations and Certifications Application (ORCA) has been implemented in FAR Clause 52.212-3 and is effective as of 01 Jan 05. ORCA enables vendors to submit and update their representations and certifications on-line. ORCA is part of the Business Partner Network (BPN) and is located at http://orca.bpn.gov. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide.)

2. Any questions concerning this acquisition may be addressed to the individual named in block 7A on the SF 1449 Solicitation/Contract/Order for Commercial Items.

3. Please be sure you indicate the RFP number, closing date and time on the proposal envelope.

4. Proposals will not be considered “received” until physically delivered to 509th Contracting Squadron. If proposals are to be hand-delivered, deliver with proposal number to:

509th CONTRACTING SQUADRON/LGCA

727 SECOND STREET, Suite 124 A

WHITEMAN AFB, MO 65305-5344

Note: It is the responsibility of the offeror to ensure that the proposal has been received by the time and date specified in block 8 on the SF 1449. Please be advised base security measures may result in delays in obtaining access to the base. It is the responsibility of the offeror to allow sufficient time to deliver the proposal. Plan accordingly.

5. Facsimile and telephone proposals are not authorized.

6. Facsimile modifications to proposal will be accepted; however, the originals must be received in this office prior to award. Our fax number is 660-687-5462.

7. A new Wage Determination will be incorporated by modification into the contract at the time of the exercise of Option Periods.

8. Insurance Requirements. Reference FAR Clause 52.228-5 entitled "Insurance . . ." the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workmen's Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This 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 person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

9. Base Access. Occasionally it is necessary to require either early release of Whiteman AFB personnel, late reporting, or even total base closure when weather conditions make normal travel unsafe. When weather conditions cause one of the above situations, contractor personnel will be denied access to the base unless they have been notified that their contract service has been determined essential. For base closure or late reporting during inclement weather, listen to radio stations KOKO (1450 AM), DVEQ (104.0 FM), KPRS (103.3 FM), KDRO (1490 AM), KXKX (105.7 FM), KSIS (1050 AM), KLRQ (96.1 FM) KDKD (1280 AM/95.3 FM), and/or watch television stations KMBC (Channel 9) and WAFC Cable (Channel 41).

LIST OF ATTACHMENTS

1. Performance Work Statement

26 pages

2. Bid Schedule

13 pages

3. General Wage Decision

9 pages

4. Past Performance Questionnaire

6 pages

5. Performance Plan

6 pages

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM 52.212-1

ADDENDUM TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

(1) Para (b) Submission of Offers, Second Sentence is changed to read: Sign and Date the attached Bid Schedule, Attachment 2, and submit proposal to the POC identified below.

(2) Para (b)(8) is changed to read: A completed copy of the representations and certifications at FAR 52.203-2 and DFARS 252.212-7000; and returned in their entirety. FAR 52.212-3 shall be accomplished on-line through the On-line Representations and Certifications Application (ORCA) implemented in FAR Clause 52.212-3. ORCA enables vendors to submit and update their representations and certifications on-line. ORCA is part of the Business Partner Network (BPN) and is located at http://orca.bpn.gov.

(3) Para (b)(10): This paragraph is deleted.

(4) Para (c): This paragraph is changed to read—Period for acceptance of offers. The Offeror agrees to hold the price in its offer firm 180 days after proposal due date.

(5) Para (e): This paragraph is deleted.

(6) Para (g): This paragraph is deleted.

(7) Para (h): This paragraph is deleted.

(8) PAST PERFORMANCE: As part of the evaluation process, the Government will assess each offeror’s relevant past performance. Relevant present/past performance is defined as completed carpet installation contracts of similar scope and magnitude as this solicitation exceeding $500,000 and performed within the last three years. The offeror shall present factual material dealing with contracts held with other Government agencies or with private sector businesses on which the same or similar services were provided. Information requested includes successful execution of contracts, and in problem areas, the steps taken to resolve or correct. Offerors are cautioned that the Government will use information provided by the offerors and information obtained from other sources in the development of the performance confidence assessments

(a) Content.

1) Offerors shall submit a consecutive list of all past and present performance for the last three years. Offerors shall submit the list no later than the date and time indicated on Standard Form 1449, Block 8, to 509 CONS, ATTN: Shelton Watson, 727 Second Street, Suite 124A, Whiteman AFB MO 65305-5344, or FAXing (FAX number: (660) 687-5462). For all listed contracts, provide the following information:

a. Contracting agency

b. Contract number

c. Brief description of contract effort (service)

d. Period of performance

e. Contract value at time of award

f. Current value, including all changes and exercised options

g. Contracting Officer’s name, address, and telephone number

2) Required information is limited to two pages per contract. Company name shall be indicated on the upper right hand corner of each page.

3) Information should be submitted on all contracts performed within the past three years and shall include information on corporate experience and past performance which clearly demonstrates that the offeror is capable of conforming to contractual requirements. Address how well the work was performed on other contracts, perception of customer satisfaction, interface and working relationship with key Government personnel, whether there were cure notices, show cause letters or termination actions, whether Contract Discrepancy Reports (CDRs) were issued, total number of CDRs, if applicable, and final amount of deductions. Discuss whether quality services were provided at original bid prices. Describe any awards or special recognition for high-quality service.

(b) Each offeror is responsible for sending the attached past performance questionnaire to its chosen references. Upon completion of the questionnaires, they shall be returned directly from the references to the attention of 509 CONS, ATTN: Shelton Watson, 727 Second Street, Suite 124A, Whiteman AFB MO 65305-5344, or FAXing (FAX number: (660) 687-5462) Completed questionnaires must be submitted no later than the offer due date and time indicated on Standard Form 1449, Block 8. This requirement for the submission of questionnaires is in addition to the requirement for a list of consecutive contracts specified in paragraph (a)1 above.

(2) PRICE PROPOSAL:

(a) Complete the SF 1449, blocks 12, 17 and 30. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. All sections of the RFP, excluding Representations and Certifications, Instructions to Offerors and Evaluation Procedures Sections constitute the contract.

(b) Insert proposed unit and extended prices in the Bid Schedule(Schedule B), Attachment 2, for each contract line item, including all option periods.

(c) Complete the necessary fill-ins and certifications in all sections. The Representations and Certifications section shall be returned in its entirety. For other sections, offerors shall submit only those pages that require a fill-in. For example, see FAR Clause 52.219-4 “Notice of Price Evaluation preference for HUBZone Small Business Concerns”.

(d) The Contracting Officer has determined that there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if in the Contracting Officer’s opinion adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of the price.

General Information

INFORMATION REGARDING SUBMISSION OF PROPOSALS: WE WILL NOT ACCEPT EMAILED OR FAXED PROPOSALS. The sealed envelope or package used to submit your proposal must show the time and date for receipt, Solicitation Number, and the name and address of the offeror. Mailed proposals (USPS, FedEx, UPS, DHL, etc.) may be sent to 509 CONS, ATTN: Shelton Watson, 727 Second Street, Suite 124A, Whiteman AFB MO 65305-5344. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submissions, modifications, revisions, and withdrawals of offers.”

CLAUSES INCORPORATED BY FULL TEXT

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

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

Price and Past Performance

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

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

(End of clause)

ADDENDUM 52.212-2

52.212-2 ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION--COMMERCIAL ITEMS

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

(A) PRESENT AND PAST PERFORMANCE: Past performance shall be evaluated on the basis of the following mission capability subfactors: All subfactors are of equal importance. SUBFACTOR 1: Customer Satisfaction; SUBFACTOR 2: Organization; SUBFACTOR 3: Quality; SUBFACTOR 4: Timeliness; SUBFACTOR 5: Responsiveness SUBFACTOR 6: Subcontracts and Management. SUBFACTOR 7: Pricing Structure SUBFACTOR 8: Safety and Environmental.

(B) PRICE: The offeror’s price proposal will be submitted in a separate and detachable part(See Attachment 2, Schedule B). No price information is to be included in the past performance sections of the proposal.

(2) Basis for contract award: The Government will select the best overall offer, based upon an integrated assessment of Past Performance and Price, with Past Performance being more important than Price. The Government intends to award one contract to the offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR), as supplemented, whose proposal conforms to the Request for Proposal’s (RFP) requirements including all stated terms, conditions, representations, certifications, and all other information required by the RFP and is judged, based on the evaluation criteria, to represent the best value to the Government. Consideration for HUBZone preference will be addressed if applicable. The Government seeks to award to the offeror who gives the Air Force the greatest confidence that it will meet or exceed the requirements affordably. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation criteria and the Government reasonably determines that the superior past performance of the higher priced offeror outweighs the cost/price difference. Offerors may be given the opportunity to clarify certain aspects of their written proposals (e.g., defining the relevance of the offeror’s past performance information and adverse past performance information to which an offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors. Any such exchange between the offeror and the Government will be for clarification only and will not constitute discussions within the meaning of FAR 15.306(a). While the Government’s evaluation team will strive for maximum objectivity, the selection process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire process. The Government intends to evaluate proposals and make award without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and performance standpoint. The Government reserves the right to hold discussions. Prior to discussions, a competitive range will be established and the Offerors within the competitive range will be part of the discussions. The Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The discussions may allow for a Final Proposal Revision. Offerors should be aware that a complete understanding of all terms and conditions of the proposed contract must exist between the Offeror and the Government at the conclusion of fact finding and any discussions which may be held.

(3) Evaluating Present and Past Performance: Evaluating Present and Past Performance: The evaluation team will assess past performance, specifically information on relevant and recent contracts obtained from the results of past performance surveys. Using questionnaires, the evaluation team shall seek performance information on the offerors based on (1) the references provided by the offeror and (2) data independently obtained from other Government and commercial sources.

(A) The purpose of the past performance evaluation is to allow the Government to make an evaluation of the offeror’s ability to perform the effort described in the RFP, based on the offeror’s demonstrated present and past performance. Past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be taken into account when such information is relevant to this acquisition. Relevant present/past performance is defined as completed carpet installation services of similar scope and magnitude as this solicitation exceeding $500,000 and performed within the last three years, but limited to the most recent five (5) contracts. Past performance information may include data on efforts performed by other divisions, critical subcontractors, or teaming contractors, if such resources will be brought to bear or significantly influence the performance of the proposed effort.

(B) The assessment represents Source Selection Authority’s judgment of the probability of an offeror successfully accomplishing the proposed effort based on the offeror’s demonstrated present and past performance. Past performance evaluation is accomplished through the assignment of a confidence assessment rating based on assessing offerors’ relevant past performance history focusing in and targeting performance that is relevant to the solicitation. Each proposal will be assigned one of the following performance confidence assessments. Note that these assessments are subjective based on the past performance information collected.

PERFORMANCE CONFIDENCE ASSESSMENTS

LIMITED

CONFIDENCE

Based on the offeror’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.

UNKNOWN

CONFIDENCE

No performance record is identifiable or the offeror’s performance record is so sparce that no confidence assessment rating can be reasonably assigned.

(C) Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and, as a result, will receive an Unknown Confidence assessment for the Past Performance rating.

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

(E) If the lowest priced offeror is not judged to have a Substantial Confidence performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a Substantial Confidence performance assessment or until all offerors are evaluated. The Source Selection Authority shall make an integrated assessment best value award decision if the lowest priced offeror is not judged to have a Substantial Confidence performance assessment.

(F) A past performance questionnaire (Attachment 4) is provided with the solicitation so that offerors may send them to the references of their choice. Past performance references who have returned the questionnaires will be used in the past performance assessment. The evaluation team may follow-up on any non-responses to surveys. Upon receipt of the past performance information, the evaluation team will screen the information to make an initial determination of its relevance to the current requirement. More recent and relevant performance may have a greater impact on the Performance Confidence Assessment than less recent or relevant efforts. A strong record of relevant past performance may be considered more advantageous to the Government than an “Unknown Confidence” rating. Likewise, a more relevant past performance record may receive a higher confidence rating and be considered more favorably than a less relevant record of favorable performance.

(G) In analyzing survey information gathered, the evaluation team may find some problems are singular and site-specific. Provided all other reports are favorable, isolated problems may not carry as much weight in the confidence assessment as when there is an identifiable trend of questionable performance, whether overall or in a particular area. When finding negative trends, the evaluation team will strive to gather additional performance information to support a meaningful confidence assessment.

(H) Disclosing Past Performance Information to Offerors: The Contracting Officer will provide offerors with the opportunity to comment on negative past performance information on which they have not had a previous opportunity to comment. The validation process is particularly important when the negative information is provided by only one reference, or when there is any doubt concerning the accuracy of the information. Note that while the Government must disclose past performance problems to offerors, it shall not disclose the names of the individuals who provided information about an offeror’s past performance.

(4) Price Criteria: The total prices inclusive of all contract line items, the basic year and all option years, will be evaluated. Unit prices will prevail. The Government may use various price analysis techniques and procedures to ensure a fair, reasonable, and realistic price. Realism will be based on evaluation of prices to determine if they are compatible with the scope of the effort, are not unbalanced, and are neither excessive nor insufficient for the effort to be accomplished. It is expected that the competitive nature of this acquisition will drive price reasonableness, fairness, and realism; however, the Government reserves the right, if it deems appropriate, to make these determinations by means of one or more price analysis techniques. Examples of such techniques include, but are not limited to the following:

i. Comparison of proposed prices received in response to the solicitation.

ii. Comparison of previously proposed prices and previous Government and commercial contract prices.

iii. Comparison with competitive published price lists.

iv. Comparison of proposed prices with independent Government cost estimates.

v. Comparison of proposed prices obtained through market research.

vi. Analysis of pricing information provided by the offeror.

The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists no additional cost/price information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of price.

(A) Options: The Government will evaluate offers for award purposes by adding the total price of all line items for a total price of the basic year and all option years and add all years together for a total contract price. The Government may determine that an offer is unacceptable if the basic year or any option year prices are significantly unbalanced. Unbalanced pricing exists when, despite the total evaluated price, the price of the basic year or one or more of the option year’s price is significantly over or understated as indicated by the application of price analysis techniques. Evaluation of options shall not obligate the Government to exercise the option(s).

(B) Quantities: The Government will evaluate offers for award purposes by multiplying the proposed unit price by the quantities for a total line item price. The Government may determine that an offer is unacceptable if the line item prices are significantly unbalanced. Unbalanced pricing exists when, despite the total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis.

(5) Notice of Award: A written notice of award or acceptance of any offer (a copy of the Standard Form 1449 signed by the Contracting Officer), mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer, whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2006)

An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (j) of this provision.

(a) Definitions. As used in this provision --

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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.

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.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

___ TIN:---------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(5) Common parent.

___ Offeror is not owned or controlled by a common parent;

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(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: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (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 database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the 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 $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.

(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 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. The terms ``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 the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms Bahrainian end product, "component," "domestic end product," "end product," "foreign 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 or Moroccan 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 or Moroccan End Products) or Israeli End Products:

Line Item No.

[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.

Other Foreign End Products:

[List as necessary]

(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:

(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 Debarment, Suspension or Ineligibility for Award (Executive Order 12689). 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, and

(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, 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.

(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 Product

Listed End Product

Listed Countries of 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 is 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.

(k)((1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (k)(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 (b) through (j) of…