FA4659-08-R-0017.doc

Section SF 1449 - CONTINUATION SHEET

Base Year 28 Sep 08 - 27 Sep 09

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: F2A3E2BOLLARDS

SIGNAL CODE: A

ESTIMATED

NET AMT

0001AA

Inspection/Preventitive Maint

Bollards

Inspection/Preventitive Maint

(Twice a month Oct - Apr, Once a month May - Sep)

IAW Performance Work Statement Par 1.1

FOB: Destination

ESTIMATED

0001AB

Inspection/Preventitive Maint

Turnstiles

Inspection/Preventitive Maint

(Once a year in Oct)

IAW Performance Work Statement Par 1.1

ESTIMATED

0001AC

Inspection/Preventitive Maint

Cantilever Gates

Inspection/Preventitive Maint

(Twice a year in Oct and May)

IAW Performance Work Statement Par 1.1

ESTIMATED

Unscheduled Service

ESTIMATED

0002AA

Unscheduled Services/Repair Labor

IAW Performance Work Statement Par 1.2

ESTIMATED

0002AB

Reimbursible Parts

NTE ($2,000.00 PER REPAIR)

IAW Performance Work Statement Par 1.2.2.

ESTIMATED

0002AC

Initial Safety Training

(Base year only)

IAW Performance Work Statement Par 1.3

ESTIMATED

FFP

ESTIMATED

1001AA

FFP

Bollards

Inspection/Preventitive Maint

(Twice a month Oct - Apr, Once a month May - Sep)

IAW Performance Work Statement Par 1.1

ESTIMATED

1001AB

FFP

Turnstiles

Inspection/Preventitive Maint

(Once a year in Oct)

IAW Performance Work Statement Par 1.1

ESTIMATED

1001AC

FFP

Cantilever Gates

Inspection/Preventitive Maint

(Twice a year in Oct and May)

IAW Performance Work Statement Par 1.1

ESTIMATED

FFP

ESTIMATED

1002AA

FFP

IAW Performance Work Statement Par 1.2

ESTIMATED

1002AB

FFP

NTE ($2,000.00 PER REPAIR)

IAW Performance Work Statement Par 1.2.2.

ESTIMATED

FFP

ESTIMATED

2001AA

FFP

Bollards

Inspection/Preventitive Maint

(Twice a month Oct - Apr, Once a month May - Sep)

IAW Performance Work Statement Par 1.1

ESTIMATED

2001AB

FFP

Turnstiles

Inspection/Preventitive Maint

(Once a year in Oct)

IAW Performance Work Statement Par 1.1

ESTIMATED

2001AC

FFP

Cantilever Gates

Inspection/Preventitive Maint

(Twice a year in Oct and May)

IAW Performance Work Statement Par 1.1

ESTIMATED

FFP

ESTIMATED

2002AA

Hours

FFP

IAW Performance Work Statement Par 1.2

ESTIMATED

2002AB

FFP

NTE ($2,000.00 PER REPAIR)

IAW Performance Work Statement Par 1.2.2.

ESTIMATED

FFP

ESTIMATED

3001AA

FFP

Bollards

Inspection/Preventitive Maint

(Twice a month Oct - Apr, Once a month May - Sep)

IAW Performance Work Statement Par 1.1

ESTIMATED

3001AB

FFP

Turnstiles

Inspection/Preventitive Maint

(Once a year in Oct)

IAW Performance Work Statement Par 1.1

ESTIMATED

3001AC

FFP

Cantilever Gates

Inspection/Preventitive Maint

(Twice a year in Oct and May)

IAW Performance Work Statement Par 1.1

ESTIMATED

FFP

ESTIMATED

3002AA

Hours

FFP

IAW Performance Work Statement Par 1.2

ESTIMATED

3002AB

FFP

NTE ($2,000.00 PER REPAIR)

IAW Performance Work Statement Par 1.2.2.

ESTIMATED

FFP

ESTIMATED

4001AA

FFP

Bollards

Inspection/Preventitive Maint

(Twice a month Oct - Apr, Once a month May - Sep)

IAW Performance Work Statement Par 1.1

ESTIMATED

4001AB

FFP

Turnstiles

Inspection/Preventitive Maint

(Once a year in Oct)

IAW Performance Work Statement Par 1.1

ESTIMATED

4001AC

FFP

Cantilever Gates

Inspection/Preventitive Maint

(Twice a year in Oct and May)

IAW Performance Work Statement Par 1.1

ESTIMATED

FFP

ESTIMATED

4002AA

Hours

FFP

IAW Performance Work Statement Par 1.2

ESTIMATED

4002AB

FFP

NTE ($2,000.00 PER REPAIR)

IAW Performance Work Statement Par 1.2.2.

ESTIMATED

PRICE SCHEDULE

SUPPLIES OR SERVICES AND PRICE COSTS

The contractor is to furnish all labor, management, tools, equipment, materials, supplies, and resources (other than those specified as Government furnished) necessary to perform Bollards & Gate Vehicle/Personnel Access Control Systems Maintenance for Grand Forks AFB, ND, in accordance with the Performance Work Statement.

Item

Unit Extend

No. Supplies/Service Qty Unit Price Amount

Basic Period

(28 Sep 08 – 27 Sep 09)

0001AA

Inspection/Prventitive Ea

Maintenance Bollards

0001AB

Inspection/Preventitive Ea

Maintenance Cantilever

Gates

Unscheduled Service

0002AA

Unscheduled Services/ Hr

$ _________EST

Repair Labor

0002AB

Reimbursible Parts $2,000.00*

*(This is a NTE item. Anything over $100.00 can not be invoiced before QAP approval)

0002AC

Initial Safety Training Ea

Total Amount (Items 0001AA – 0002AC)

$__________EST

First Option

(28 Sep 09 – 27 Sep 10)

1001AA

Inspection/Prventitive Ea

1001AB

Inspection/Preventitive Ea

1002AA

Hr

1002AB

Reimbursible Parts

Total Amount (Items 1001AA – 1002AB)

Second Option

(28 Sep 10 – 27 Sep 11)

2001AA

Inspection/Prventitive Ea

2001AB

Inspection/Preventitive Ea

2002AA

Hr

2002AB

Reimbursible Parts

Total Amount (Items 2001AA – 2002AB)

Third Option

(28 Sep 11 – 27 Sep 12)

3001AA

Inspection/Prventitive Ea

3001AB

Inspection/Preventitive Ea

3002AA

Hr

3002AB

Reimbursible Parts

Total Amount (Items 3001AA – 3002AB)

Fourth Option

(28 Sep 12 – 27 Sep 13)

4001AA

Inspection/Prventitive Ea

4001AB

Inspection/Preventitive Ea

4002AA

Hr

4002AB

Reimbursible Parts

Total Amount (Items 4001AA – 4002AB)

RECAPITULATION

Basic Period (28 Sep 08- 27 Sep 09)

$_______________EST

First Option Period (28 Sep 09- 27 Sep 10)

Second Option Period (28 Sep 10- 27 Sep 11)

Third Option Period (28 Sep 11- 27 Sep 12)

Fourth Option Period (28 Sep 12- 30 Sep 13)

Grand Total Amount (Items 0001AA-4002AB )

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

See FAR 52.216-19

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

27-SEP-2010

27-SEP-2009

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2009

F2A3E2

27-SEP-2009

F2A3E2

27-SEP-2009

27-SEP-2009

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2009

F2A3E2

27-SEP-2009

F2A3E2

27-SEP-2010

27-SEP-2010

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2010

F2A3E2

27-SEP-2010

F2A3E2

27-SEP-2010

27-SEP-2010

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-AUG-2010

F2A3E2

27-SEP-2011

27-SEP-2011

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2011

F2A3E2

27-SEP-2011

F2A3E2

27-SEP-2011

27-SEP-2011

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2011

F2A3E2

27-SEP-2012

27-SEP-2012

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2012

F2A3E2

27-SEP-2012

F2A3E2

27-SEP-2012

27-SEP-2012

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2012

F2A3E2

27-SEP-2013

27-SEP-2013

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2013

F2A3E2

27-SEP-2013

F2A3E2

27-SEP-2013

27-SEP-2013

GLORIA DARBY

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4783

F2A3E2

27-SEP-2013

F2A3E2

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008)

(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; 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) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(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)

ADDENDA TO 52.212-1

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

Addenda to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A.

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separately bound parts, Part I - Price Proposal, and Part II - Past Performance Information.

B.

The contracting officer has determined there is a high probability of adequate price competition in this acquisition. 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 other than cost or pricing data to support a determination of price reasonableness.

C.

Specific Instructions:

1.

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

(a) Complete blocks 12, 17a, 30a, b, and c, of the Standard Form (SF) 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. The solicitation constitutes the model contract.

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

(c) Complete the necessary fill-ins and certifications provisions. The provisions FAR 52.213-3 shall be returned along with the proposal.

2.

PART II – PAST PERFORMANCE INFORMATION - Limited to no more than 3 pages per contract listed. Only references for same or similar type contract desired. Offeror will send Past Performance Surveys to references for completion. References will send completed Past Performance Surveys directly to the Contracting Office. The past performance survey to be completed is located within this solicitation.

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

(b) Past Performance Surveys: The Government will evaluate the quality and extent of offeror's experience deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal government offices and commercial sources, to assess performance. Provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Offerors shall ensure all past performance surveys are received NLT 4:00 p.m. CST 08 Sep 08. Relevant contracts for Bollards & Gate Vehicle/Personnel Access Control Systems Maintenance services or other type of service of the same or greater scope, complexity and magnitude as described in the performance work statement. Relevancy is further defined as follows:

The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

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

Contracting officer

viii) Comments regarding compliance with contract terms and conditions

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

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

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

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

1. Requirements of the solicitation (Contract Line Items (CLINs) & Performance Work Statement (PWS)), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals must be dropped off at 319 CONS, 575 Tuskegee Airmen Blvd., Bldg 418, Grand Forks AFB, ND 58205-6436. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror.

Offerors are cautioned that Grand Forks AFB has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HAND CARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at 319 CONS PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

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

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

E. SITE VISIT

A site visit is scheduled for 9:00 a.m (local time) on 3 Sep 08, at Grand Forks AFB, ND. Potential offerors who plan to attend must contact Melanie Dewing at melanie.dewing@grandforks.af.mil or fax at 701-747-4215 no later than 12:00 p.m., on 2 Sep 2008, with name and contact phone numbers. Questions will be taken at site visit. Additional questions may be submitted in writing to the Contracting Officer within five (5) calendar days following the site visit. Answers will be compiled and distributed to all known potential offerors by electronically posting a letter or amendment as appropriate to the FedBizOpps website (http://fbo.gov)

CLAUSES INCORPORATED BY FULL TEXT

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

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

1. Past Performance

2. Price

Past Performance is approximately equal to Price when being evaluated.

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

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

Addendum to FAR 52.212-2:

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

A. Initially offers shall be ranked according to price, including any option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the pricing schedule by the unit price for each item to confirm the extended amount for each. Copies of the Pricing Schedule will be necessary in order to submit a proposal for each Option Year.

B. Using questionnaires, the Contracting Officer shall seek relevant performance information on the lowest priced offerors (usually the lowest five to seven) based on (1) the completed past performance surveys provided by the offeror’s references and (2) data independently obtained from other Government and commercial sources. Generally, the contracting officer shall not seek information on the evaluated higher priced offers unless it is determined none of the lower priced offers are acceptable for award. The purpose of the past performance evaluation is to allow the Government to assess the offer’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will be rated as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably. Confidence assessment ratings are defined as follows:

Substantial Confidence – Based on the offeror's performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence – Based on the offeror's performance record, the government has an expectation that the offeror will successfully perform the required effort.

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

No Confidence – Based on the offeror's performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence – No performance record is identifiable or the offeror's performance record is so limited that no confidence assessment rating can be reasonably assigned.

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

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

E. In the event that the government does not make an award pursuant to paragraph D above, the government reserves the right to award a contract to other than the lowest priced offer if that offeror is judged to have a performance assessment rating of “Satisfactory Confidence” or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision.

F. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offeror’s may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

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

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008) ALTERNATE I (APR 2002)

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 (i) 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.

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 conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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) (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 (m) 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: 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…