CAFS Refuse Recycling RFP.doc

Section SF 1449 - CONTINUATION SHEET

Base Year CAFS Refuse/Recycling

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform refuse collection and recycling services at Cavalier AFS ND in accordance with the performance work statement.

Base Year - 1 Oct 12 - 30 Sep 13

FOB: Destination

PURCHASE REQUEST NUMBER: F2AGCAFSREFUSE

SIGNAL CODE: A

ESTIMATED

NET AMT

0001AA

Refuse Collection

Collect refuse in accordance with the performance work statement paragraph 1.1.1.1.

FOB: Destination

ESTIMATED

0001AB

Optional Line Item-Recyclable Collection

Collect recycling in accordance with performance work statement paragraph 1.1.1.1. A determination will be made as to whether or not this CLIN will be considered in proposal evaluation prior to evaluation beginning.

FOB: Destination

ESTIMATED

0001AC

Unscheduled/Special Events

Perform unscheduled pickups and special events in accordance with performance work statement paragraph 1.1.2.1.

FOB: Destination

ESTIMATED

0001AD

Oil Filter Recycling

Collect oil filters in accordance with performance work statement paragraph 1.1.2.2.

FOB: Destination

ESTIMATED

0001AE

Mixed Industrial Scrap Metal

Collect mixed scrap metal in accordance with performance work statement paragraph 1.2.1.1.

FOB: Destination

ESTIMATED

0001AF

Landfill Tipping Fees

Reimbursement for landfill tipping fees in accordance with performance work statement paragraph 1.3.1. The contractor must submit a monthly invoice of fees paid for reimbursement.

FOB: Destination

ESTIMATED

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform refuse collection and recycling services at Cavalier AFS ND in accordance with the performance work statement.

1st Option Year - 1 Oct 13 - 30 Sep 14

FOB: Destination

ESTIMATED

1001AA

FFP

Collect refuse in accordance with the performance work statement paragraph 1.1.1.1.

FOB: Destination

ESTIMATED

1001AB

FFP

Collect recycling in accordance with performance work statement paragraph 1.1.1.1. A determination will be made as to whether or not this CLIN will be considered in proposal evaluation prior to evaluation beginning.

FOB: Destination

ESTIMATED

1001AC

FFP

Perform unscheduled pickups and special events in accordance with performance work statement paragraph 1.1.2.1.

FOB: Destination

ESTIMATED

1001AD

FFP

Collect oil filters in accordance with performance work statement paragraph 1.1.2.2.

FOB: Destination

ESTIMATED

1001AE

FFP

Collect mixed scrap metal in accordance with performance work statement paragraph 1.2.1.1.

FOB: Destination

ESTIMATED

1001AF

FFP

Reimbursement for landfill tipping fees in accordance with performance work statement paragraph 1.3.1. The contractor must submit a monthly invoice of fees paid for reimbursement.

FOB: Destination

ESTIMATED

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform refuse collection and recycling services at Cavalier AFS ND in accordance with the performance work statement.

2nd Option Year - 1 Oct 14 - 30 Sep 15

FOB: Destination

ESTIMATED

2001AA

FFP

Collect refuse in accordance with the performance work statement paragraph 1.1.1.1.

FOB: Destination

ESTIMATED

2001AB

FFP

Collect recycling in accordance with performance work statement paragraph 1.1.1.1. A determination will be made as to whether or not this CLIN will be considered in proposal evaluation prior to evaluation beginning.

FOB: Destination

ESTIMATED

2001AC

FFP

Perform unscheduled pickups and special events in accordance with performance work statement paragraph 1.1.2.1.

FOB: Destination

ESTIMATED

2001AD

FFP

Collect oil filters in accordance with performance work statement paragraph 1.1.2.2.

FOB: Destination

ESTIMATED

2001AE

FFP

Collect mixed scrap metal in accordance with performance work statement paragraph 1.2.1.1.

FOB: Destination

ESTIMATED

2001AF

FFP

Reimbursement for landfill tipping fees in accordance with performance work statement paragraph 1.3.1. The contractor must submit a monthly invoice of fees paid for reimbursement.

FOB: Destination

ESTIMATED

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform refuse collection and recycling services at Cavalier AFS ND in accordance with the performance work statement.

3rd Option Year - 1 Oct 15 - 30 Sep 16

FOB: Destination

ESTIMATED

3001AA

FFP

Collect refuse in accordance with the performance work statement paragraph 1.1.1.1.

FOB: Destination

ESTIMATED

3001AB

FFP

Collect recycling in accordance with performance work statement paragraph 1.1.1.1. A determination will be made as to whether or not this CLIN will be considered in proposal evaluation prior to evaluation beginning.

FOB: Destination

ESTIMATED

3001AC

FFP

Perform unscheduled pickups and special events in accordance with performance work statement paragraph 1.1.2.1.

FOB: Destination

ESTIMATED

3001AD

FFP

Collect oil filters in accordance with performance work statement paragraph 1.1.2.2.

FOB: Destination

ESTIMATED

3001AE

FFP

Collect mixed scrap metal in accordance with performance work statement paragraph 1.2.1.1.

FOB: Destination

ESTIMATED

3001AF

FFP

Reimbursement for landfill tipping fees in accordance with performance work statement paragraph 1.3.1. The contractor must submit a monthly invoice of fees paid for reimbursement.

FOB: Destination

ESTIMATED

FFP

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform refuse collection and recycling services at Cavalier AFS ND in accordance with the performance work statement.

4th Option Year - 1 Oct 16 - 30 Sep 17

FOB: Destination

ESTIMATED

4001AA

FFP

Collect refuse in accordance with the performance work statement paragraph 1.1.1.1.

FOB: Destination

ESTIMATED

4001AB

FFP

Collect recycling in accordance with performance work statement paragraph 1.1.1.1.A determination will be made as to whether or not this CLIN will be considered in proposal evaluation prior to evaluation beginning.

FOB: Destination

ESTIMATED

4001AC

FFP

Perform unscheduled pickups and special events in accordance with performance work statement paragraph 1.1.2.1.

FOB: Destination

ESTIMATED

4001AD

FFP

Collect oil filters in accordance with performance work statement paragraph 1.1.2.2.

FOB: Destination

ESTIMATED

4001AE

FFP

Collect mixed scrap metal in accordance with performance work statement paragraph 1.2.1.1.

FOB: Destination

ESTIMATED

4001AF

FFP

Reimbursement for landfill tipping fees in accordance with performance work statement paragraph 1.3.1. The contractor must submit a monthly invoice of fees paid for reimbursement.

FOB: Destination

ESTIMATED

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2013

SCOTT HOLMQUIST

830 PATROL ROAD #260

CAVALIER ND 58262

701-330-3201/3202

FOB: Destination

F2AG10

30-SEP-2013

F2AG10

30-SEP-2013

F2AG10

30-SEP-2013

F2AG10

30-SEP-2013

F2AG10

30-SEP-2013

F2AG10

30-SEP-2014

SCOTT HOLMQUIST

830 PATROL ROAD #260

CAVALIER ND 58262

701-330-3201/3202

F2AG10

30-SEP-2014

F2AG10

30-SEP-2014

F2AG10

30-SEP-2014

F2AG10

30-SEP-2014

F2AG10

30-SEP-2014

F2AG10

30-SEP-2015

SCOTT HOLMQUIST

830 PATROL ROAD #260

CAVALIER ND 58262

701-330-3201/3202

F2AG10

30-SEP-2015

F2AG10

30-SEP-2015

F2AG10

30-SEP-2015

F2AG10

30-SEP-2015

F2AG10

30-SEP-2015

F2AG10

30-SEP-2016

SCOTT HOLMQUIST

830 PATROL ROAD #260

CAVALIER ND 58262

701-330-3201/3202

F2AG10

30-SEP-2016

F2AG10

30-SEP-2016

F2AG10

30-SEP-2016

F2AG10

30-SEP-2016

F2AG10

30-SEP-2016

F2AG10

30-SEP-2017

SCOTT HOLMQUIST

830 PATROL ROAD #260

CAVALIER ND 58262

701-330-3201/3202

F2AG10

30-SEP-2017

F2AG10

30-SEP-2017

F2AG10

30-SEP-2017

F2AG10

30-SEP-2017

F2AG10

30-SEP-2017

F2AG10

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

52.212-2 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, optional CLIN’s, and other factors considered. The following factors shall be used to evaluate offers:

Past Performance

Price

(b) Optional CLINS. CLIN 0001 AB Optional Line Item-Recyclables, CLIN 1001 AB Optional Line Item-Recyclables, CLIN 2001 AB Optional Line Item-Recyclables, CLIN 3001 AB Optional Line Item-Recyclables, CLIN 4001 AB Optional Line Item-Recyclables are optional CLIN’s. A deterrnination will be made prior to offerors being evaluated based on pricing received for the aforementioned optional CLINS, as to whether or not they will be included.

(c) 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).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time frame for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offeror’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 52.212-2

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

A.

Initially offers shall be ranked according to price, including any option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number 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. Please note that there is some concern on the cost of CLINS related to recycling in the area of Cavalier AFS – as a result a determination will be made prior to offeror evaluation wether or not those CLINS will be included in the award. In the event that recycling CLINs are not included, proposals will be evaluated as if those CLINS were not in the offer.

B.

Using questionnaires, the contracting officer shall seek performance information on all offerors based on (1) the references provided by the offeror and (2) data independently obtained from other Government and commercial sources. Relevant performance includes performance of efforts involving but not limited to to contracts for Refuse and Recycling services of similar or greater scope, magnitude, and complexity than the effort described in the solicitation. The Government reserves the right to seek information on higher price offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offer’s ability to supply the services described in the solicitation that meet the users’ needs, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as described in the table below. 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 considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably.

TABLE - PERFORMANCE CONFIDENCE ASSESSMENTS

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.

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 the offer 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.

If the lowest priced offeror is not judged to have a “Substantial Confidence” performance confidence 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 confidence assessment or until all offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

F.

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

G.

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2012) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.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.

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 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 electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.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 (n) 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)(ii) 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) 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

(11) (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)(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: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(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…