Elevator Mx Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

Base Yr Elevator Maintenance

FFP

Provide all labor, brushes, lubricants, tools and materials necessary to perform Elevator Maintenance services at Grand Forks AFB North Dakota for the period 1 October 2012 – 30 September 2013 in accordance with the Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: F2A3E22044A001

SIGNAL CODE: A

NET AMT

0001AA

Inspect, Test and Maintain Elevators

Inspect, Test and Maintain Elevator in Bldg 109, Dental Clinic--O&M

FOB: Destination

NET AMT

0001AB

Inspect, Test and Maintain Elevators

Inspect, Test and Maintain Elevator in Bldg 541, AMU--O&M

FOB: Destination

NET AMT

0001AC

Inspect, Test and Maintain Elevators

Inspect, Test and Maintain Elevator in Bldg 542, AMU--O&M

FOB: Destination

NET AMT

0001AD

Inspect, Test and Maintain Elevators

Inspect, Test and Maintain Elevator in BLDG 629, AMU--O&M

FOB: Destination

NET AMT

0001AE

Inspect, Test and Maintain Elevators

Inspect, Test and Maintain Elevator in Bldg 631, AMU--O&M

FOB: Destination

NET AMT

0001AF

Inspect, Test and Maintain Elevators

Inspect, Test and Maintain Elevator in Bldg 699, Control Tower--O&M

FOB: Destination

NET AMT

0001AG

Inspect, Test and Maintain Lift

Inspect, Test and Maintain Lift in Bldg 308, Fitness Center--O&M

FOB: Destination

NET AMT

0001AH

Inspect, Test and Maintain LIFT

Inspect, Test and Maintain Lift in Bldg, 418, CES Operations--O&M

FOB: Destination

NET AMT

0001AJ

Reimbursable Parts and Service

Reimbursable Parts and Service NTE $5,000 Per 12 month Period of Performance--O&M

FOB: Destination

NET AMT

1st Option Yr Elevator Mx

Provide all labor, brushes, lubricants, tools and materials necessary to perform Elevator Maintenance services at Grand Forks AFB North Dakota for the period 1 October 2013 – 30 September 2014 in accordance with the Performance Work Statement (PWS).

FOB: Destination

NET AMT

1001AA

FFP

Inspect, Test and Maintain Elevator in Bldg 109, Dental Clinic--O&M

NET AMT

1001AB

FFP

Inspect, Test and Maintain Elevator in Bldg 541, AMU--O&M

NET AMT

1001AC

FFP

Inspect, Test and Maintain Elevator in Bldg 542, AMU--O&M

NET AMT

1001AD

FFP

Inspect, Test and Maintain Elevator in BLDG 629, AMU--O&M

NET AMT

1001AE

FFP

Inspect, Test and Maintain Elevator in Bldg 631, AMU--O&M

NET AMT

1001AF

FFP

Inspect, Test and Maintain Elevator in Bldg 699, Control Tower--O&M

NET AMT

1001AG

FFP

Inspect, Test and Maintain Lift in Bldg 308, Fitness Center--O&M

NET AMT

1001AH

FFP

Inspect, Test and Maintain Lift in Bldg, 418, CES Operations--O&M

NET AMT

1001AJ

FFP

Reimbursable Parts and Service NTE $5,000 Per 12 month Period of Performance--O&M

NET AMT

2nd Option Yr Elevator Mx

Provide all labor, brushes, lubricants, tools and materials necessary to perform Elevator Maintenance services at Grand Forks AFB North Dakota for the period 1 October 2014 – 30 September 2015 in accordance with the Performance Work Statement (PWS).

NET AMT

2001AA

FFP

Inspect, Test and Maintain Elevator in Bldg 109, Dental Clinic--O&M

NET AMT

2001AB

FFP

Inspect, Test and Maintain Elevator in Bldg 541, AMU--O&M

NET AMT

2001AC

FFP

Inspect, Test and Maintain Elevator in Bldg 542, AMU--O&M

NET AMT

2001AD

FFP

Inspect, Test and Maintain Elevator in BLDG 629, AMU--O&M

NET AMT

2001AE

FFP

Inspect, Test and Maintain Elevator in Bldg 631, AMU--O&M

NET AMT

2001AF

FFP

Inspect, Test and Maintain Elevator in Bldg 699, Control Tower--O&M

NET AMT

2001AG

FFP

Inspect, Test and Maintain Lift in Bldg 308, Fitness Center--O&M

NET AMT

2001AH

FFP

Inspect, Test and Maintain Lift in Bldg, 418, CES Operations--O&M

NET AMT

2001AJ

FFP

Reimbursable Parts and Service NTE $5,000 Per 12 month Period of Performance--O&M

NET AMT

3rd Option Yr Elevator Mx

Provide all labor, brushes, lubricants, tools and materials necessary to perform Elevator Maintenance services at Grand Forks AFB North Dakota for the period 1 October 2015 – 30 September 2016 in accordance with the Performance Work Statement (PWS).

NET AMT

3001AA

FFP

Inspect, Test and Maintain Elevator in Bldg 109, Dental Clinic--O&M

NET AMT

3001AB

FFP

Inspect, Test and Maintain Elevator in Bldg 541, AMU--O&M

NET AMT

3001AC

FFP

Inspect, Test and Maintain Elevator in Bldg 542, AMU--O&M

NET AMT

3001AD

FFP

Inspect, Test and Maintain Elevator in BLDG 629, AMU--O&M

NET AMT

3001AE

FFP

Inspect, Test and Maintain Elevator in Bldg 631, AMU--O&M

NET AMT

3001AF

FFP

Inspect, Test and Maintain Elevator in Bldg 699, Control Tower--O&M

NET AMT

3001AG

FFP

Inspect, Test and Maintain Lift in Bldg 308, Fitness Center--O&M

NET AMT

3001AH

FFP

Inspect, Test and Maintain Lift in Bldg, 418, CES Operations--O&M

NET AMT

3001AJ

FFP

Reimbursable Parts and Service NTE $5,000 Per 12 month Period of Performance--O&M

NET AMT

4th Option Yr Elevator Mx

Provide all labor, brushes, lubricants, tools and materials necessary to perform Elevator Maintenance services at Grand Forks AFB North Dakota for the period 1 October 2016 – 30 September 2017 in accordance with the Performance Work Statement (PWS).

NET AMT

4001AA

FFP

Inspect, Test and Maintain Elevator in Bldg 109, Dental Clinic--O&M

NET AMT

4001AB

FFP

Inspect, Test and Maintain Elevator in Bldg 541, AMU--O&M

NET AMT

4001AC

FFP

Inspect, Test and Maintain Elevator in Bldg 542, AMU--O&M

NET AMT

4001AD

FFP

Inspect, Test and Maintain Elevator in BLDG 629, AMU--O&M

NET AMT

4001AE

FFP

Inspect, Test and Maintain Elevator in Bldg 631, AMU--O&M

NET AMT

4001AF

FFP

Inspect, Test and Maintain Elevator in Bldg 699, Control Tower--O&M

NET AMT

4001AG

FFP

Inspect, Test and Maintain Lift in Bldg 308, Fitness Center--O&M

NET AMT

4001AH

FFP

Inspect, Test and Maintain Lift in Bldg, 418, CES Operations--O&M

NET AMT

4001AJ

FFP

Reimbursable Parts and Service NTE $5,000 Per 12 month Period of Performance--O&M

NET AMT

RECAPITULATION

RECAPITULATION

Basic Period (1 Oct 2012 – 30 Sep 2013):

$----------------(EST)

First Option Period (1 Oct 2013 –30 Sep 2014):

$----------------(EST)

Second Option Period 1 Oct (2014 – 30 Sep 2015):

$----------------(EST)

Third Option Period (1 Oct 2015 – 30 Sep 2016):

$--------------- (EST)

Fourth Option Period (1 Oct 2016 – 30 Sep 2017):

$---------------- (EST)

Grand Total Amount (Items 0001AA – 4001AJ):

$---------------- (EST)

(End of Summary of Changes)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2013

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

30-SEP-2013

F2A3E2

01-SEP-2014

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2014

F2A3E2

30-SEP-2015

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2015

F2A3E2

30-SEP-2016

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2016

F2A3E2

30-SEP-2017

DAN LEMLER

575 TUSKEGEE AIRMEN BLVD, BLDG 410, RM 15

GRAND FORKS AFB ND 58205-6219

701-747-4781

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

30-SEP-2017

F2A3E2

CLAUSES INCORPORATED BY REFERENCE

52.212-1 ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Addendum 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.”

ADDENDUM TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of three (3) separate parts; Part I – Price Proposal, 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, and 30a, b, and c of the SF1449. 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(s) must be submitted for a base year plus four (4) option years.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with the proposal.

2. PART II – PAST PERFORMANCE INFORMATION - Only references for same or similar type contracts are desired. Submit original and three (3) copies.

(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 performance 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 years. Relevant contracts include Elevator maintenance services similar or greater in scope, magnitude, and complexity than the effort described in this solicitation. 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 and 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, and have Past and Present Performance Questionnaires completed and submitted to the 319th Contracting Flight as stated in paragraph 3(c) below.

(c) Offerors must forward the attached Past and Present Performance Questionnaire (Attachment 3) to each of the points of contact identified for the contracts listed. In turn, the evaluating agencies shall submit the completed questionnaire directly to the 319th Contracting Flight no later than the proposal closing date and time. No questionnaire submittals will be accepted from the offeror being evaluated. Once the questionnaires are completed by the evaluator, the information shall be considered sensitive and shall not be released to the offeror. Offerors are responsible for ensuring that the questionnaires are completed and sent directly to the 319th Contracting Flight.

(d) 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.

(e) Financial Data: Complete the attached Financial Institution Reference Sheet. Information obtained from the institution(s) identified will be used to determine whether a contractor has adequate financial resources to perform the contract or the ability to obtain them.

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

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

D. General Information

1. Information Regarding Submission of Proposal

(a) Offerors may not submit electronic proposals. Only handcarried or mailed proposals will be accepted. Proposals may be mailed to 319th Contracting Flight/LGCA, 575 Tuskegee Airmen Blvd, Grand Forks AFB ND 58205-6436. Handcarried proposals must be delivered to a representative of the 319th Contracting Flight, 575 Tuskegee Airmen Blvd, Grand Forks AFB ND, located in Building 418. The sealed envelope or package used to submit the proposal must show on the outside the time and date specified for receipt, the solicitation number, and the name and address of the offeror. This will make administrative personnel aware that they are in receipt of a proposal.

(b) 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 handcarrying proposals. Offerors should allow sufficient time to obtain a visitor pass and arrive at the 319th Contracting Flight prior to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-10(f), Late Submission, Modifications, Revisions, and Withdrawals of Offers.

2. Federal Holidays: The following Federal 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 Dec

3. Joint Venture Agreements. A joint venture may submit an offer on a HUBZone contract if it meets the requirements of 13 CFR Part 126.

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:

(i) price; (ii) 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 provision)

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. 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 performance records. The evaluation process shall proceed as follows:

A. Initially offers shall be ranked according to price, including 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.

B. Using questionnaires, the contracting officer shall seek relevant 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 Elevator maintenance services that are similar or greater in scope, magnitude, and complexity than the effort described in this solicitation. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’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 subcontractors 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. 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 technically acceptable offer is judged to have a “Substantial Confidence” performance assessment 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. 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 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.

H. 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.acquisition.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…