FA4855-08-R-0019.doc

Section SF 1449 - CONTINUATION SHEET

8-Feed Analog adLib Video System Suite

FFP

with H.264 hardware video encoders and 36 months unlimited Hardware Warranty or equal. In Strict accordance with the Performance Work Statement at attachment 1.

FOB: Destination

NSN: 5895-CO-MMU-EQUP

MILSTRIP: F1L1HB8126A001

MFR PART NR: 5820-AU-DIO-VISL

PURCHASE REQUEST NUMBER: F1L1HB8126A001

SIGNAL CODE: A

NET AMT

On-site field service representative

The Contractor shall provide On-site field Service Representative @ Cannon AFB, New Mexico for 12 months in Strict accordance with the Performance Work Statement at attachment 1.

FOB: Destination

NSN: 5895-CO-MMU-EQUP

NET AMT

Travel

Travel to be conducted IAW Para 4.1 of PWS at Attachment 1

NSN: 5895-CO-MMU-EQUP

NET AMT

NEW MEXICO GROSS RECEIPTS TAX

1. NEW MEXICO GROSS RECEIPTS TAX. The State of New Mexico assesses a Gross Receipts tax for firms conducting business within the state. This tax is imposed on the basis of revenue derived from business operations within the state without regard to the location of the business entity. You are advised that any offer received will be presumed to include this cost of business and any request for adjustment of your price as a mistake in bid either before or after award of a contract will not be considered. The rate of the New Mexico Gross Receipts Tax may be obtained from the New Mexico Taxation and Revenue Office in Clovis, New Mexico, by calling (505) 763-5515.

2. All extensions of the unit prices shown will be subject to verification between the unit price and the extended price. In the event of an apparent mistake in the extended price, the unit price will prevail as a basis for determining the actual extended price; the unit price will prevail as a basis for determining the actual extended price. Unit prices are required for each line item.

ATTACHMENTS

ATTACHMENTS

1 – Performance Work Statement

2 – Wage Determination

3 – DD 254

4a – Past and Present Performance References

4b – Past and Present Performance Questionnaire

5 – Offeror’s Checklist

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

INVOICING INSTRUCTIONS

INVOICING INSTRUCTIONS

WAWF ROUTING SHEET

WIDE AREA WORKFLOW - RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH YOUR BASIC CONTRACT, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow - Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.

Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone at 1- 800 390-5620 or 1-800-337-0371 or faxed to 1-207-328-1660. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS Vendor Pay Inquiry System (VPIS) web site at http://www.dod.mil/dfas/money/vendor.

Contract Administrator is:

Call with questions:

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NUMBER:

DELIVERY ORDER NUMBER:

TYPE OF DOCUMENT:

CAGE CODE:

FA4855

ISSUE BY DODAAC:

FA4855

ADMIN DODACC:

SERVICE ACCEPTOR/SHIP TO:

F67100

PAY OFFICE DODAAC:

SEND MORE E-MAIL NOTIFICATIONS:

CONTRACT ADMINISTRATOR:

CONTRACTING OFFICER:

DFAS payment office address:

DFAS - Limestone OPLOC - F67100

27 Arkansas Road

Limestone ME 04751-1500

DELIVERY INFORMATION

CHRISTOPHER ROBERTS

402 SOUTH TORCH BLVD

CANNON AFB NM 88103-5305

784-6221

F1LTAS

24-JUL-2009

F1LTAS

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-1

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

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2008)

1. Addendum to FAR 52.212-1(b), Submission of Offers. The paragraph is tailored as follows:

(1) The purpose of these instructions is to prescribe the format of proposals and describe the approach for the development and presentation of proposal data. They are designed to ensure the submission of information essential to the understanding and comprehensive validation of proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the government intends to make an award based on the initial offers received, without discussion of such offers.

(2) 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.

(3) To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Proposals must be comprehensive, complete, self-sufficient, and respond directly to the requirements of this solicitation. Elaborate artwork, expensive paper/binding, and expensive visual aids are neither necessary nor desired. Failure to comply with these instructions may result in the offeror’s proposal being summarily rejected. Any commitments made in the proposal shall become a part of the resultant contract.

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

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

(b) Evaluation factors for award.

(5) Proposal Submission:

(a) The proposal shall consist of three (3) separate and detachable parts: Part I - Technical Information; Part II - Price Proposal; and Part III - Past Performance Information. All pages of each submission shall be numbered and identified with the solicitation number. IMPORTANT NOTICE: Portions of the proposal submissions may contain sensitive company information. If so, include a statement in your proposal that proprietary information is contained within and is not releasable outside the government.

(b) Faxed proposals will NOT be accepted except for the past performance questionnaires as requested in Paragraph 8(e)2.b. of these instructions. Only the past performance questionnaires may be faxed or e-mailed. Proposals will be accepted by mail or may be hand-carried to: 27 SOCONS/AFLT, Attn: 2Lt Alexander McNamee, 511 N. Torch Blvd, Bldg 300, Cannon AFB NM 88103-5109. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors are cautioned that Cannon AFB NM has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. Offerors should allow sufficient time to obtain a visitor pass and to deliver the proposal PRIOR to the time specified for receipt. To obtain a visitor pass, the offeror shall contact the office in Block 9 of Standard Form 1449, PRIOR to the date and 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."

(6) Part I - Technical Information (submit original plus one (1) copy). The technical information shall not make reference to the price data. The technical information will be evaluated strictly on technical merit on a pass/fail basis, and shall contain, as a minimum, the information specified below in accordance with the following general outline:

(a) Subfactor 1 – Installation and Maintenance Plan. The Offeror’s proposal must demonstrate a sound technical understanding and methodology required to provide installation, testing, training, and support of video system as required in the PWS.

(b) Subfactor 2 – Personnel and Security Requirements. The offeror shall identify and provide the resumes of all potential key personnel selected to perform under this contract. The offorer shall possess a Top Secret security clearance with the ability to obtain SCI access at system acceptance and shall provide all required documentation to the government as needed. The requirement for these qualifications can be found in Paragraphs 1.7.1, 1.7.2, 4.3.1, and 4.4 of the PWS at Attachment 1 of the solicitation.

(c) Subfactor 3 - Quality Control Plan (QCP). The offeror shall provide a one to two (1-2) page summary of information outlining procedures, whether currently in place or planned, which will explain how they plan to implement quality control procedures. The offeror shall ensure the information in the QCP section of the Deliverable Matrix at paragraph 1.8 of the PWS at Attachment 1 of the solicitation is included.

(7) Part II - Price Proposal (submit original plus one (1) copy). Care should be exercised to ensure that technical and past performance submissions of the proposal do not include any price data. The price data submission of the proposal shall include only the following:

(a) Complete Blocks 12, 17a, 30a, 30b, and 30c of the Standard Form 1449, Solicitation/Contract/Order for Commercial Items. 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. An official authorized to contractually bind the offeror must sign in Block 30a.

(b) Insert proposed unit prices into the Contract Line Item Numbers (CLINs) 0001 and 0002 on the SF 1449 - Continuation Sheet of the solicitation.

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

(d) Amendments. If issued, any solicitation amendments to the original solicitation documents must be signed by the same official signing in Block 30a of Standard Form 1449.

(8) Part III - Past Performance Information (submit original plus one (1) copy): The past performance information shall not make reference to the price data. Offerors are cautioned that in the development of a performance risk assessment rating for each offeror, the government will use the data provided with the offer in this past performance submission and past performance data obtained from other sources. NOTE: Only references for recent and relevant type contracts are desired. For definitions on what constitutes recent and relevant, please refer to the tables in the addendum to FAR 52.212-2, Evaluation - Commercial Items (Jan 1999). The evaluation of past performance information will not 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 requirements when such information is relevant to the instant acquisition. Offerors shall complete and provide with their proposal the Past and Present Performance References form (Attachment 5a to the solicitation). Submit information on the most recent and relevant government and/or commercial contracts that you consider demonstrates your ability to perform the proposed effort.

(a) Past Performance Subfactors. The following four past performance subfactors will be evaluated in descending order of importance. In the case of an offeror without a record of recent and relevant past performance or for whom past performance information is not available, the offeror will receive an "unknown confidence" assessment rating.

1. Subfactor 1 - Timeliness

2. Subfactor 2 - Quality

3. Subfactor 3 - Management

4. Subfactor 4 - Customer Satisfaction

(b) Recognition: As part of past performance submission, offerors are encouraged to submit the following awards/recognition:

1. Professional/industry awards

2. Letters of appreciation, recognition, or commendation

3. Unique skills or accomplishments

(c) References and Performance Questionnaire:

1. Each offeror shall submit past and present performance information as part of their proposal. No more than three performance references are desired or required. The performance references are to be provided on the form, or similar to the one, contained in Attachment 4a, Past and Present Performance References, of this solicitation.

2. The offeror shall send Past and Present Performance Questionnaires (Attachment 4b of this solicitation) to each of their performance references. The responsibility to send the Past and Present Performance Questionnaire rests solely with the offeror. The questionnaire, shall be used by the offeror in obtaining and providing past and present performance information. Once the questionnaires are completed by your references, the information contained therein shall be considered sensitive and not released outside of the government.

a. Past performance questionnaires are to be completed and sent directly to the government by the reference completing the questionnaire. The offeror is solely responsible for tracking the submission of past performance questionnaires and for ensuring the government receives the questionnaires NO LATER THAN THE DUE DATE AND TIME ESTABLISHED IN THIS RFP FOR PROPOSAL SUBMISSION.

b. Fax or e-mail questionnaires to the attention of 2Lt Alexander McNamee at (575) 784-1147 or alexander.mcnamee@cannon.af.mil. If the questionnaires cannot be faxed or e-mailed, mail the questionnaire to: 27th Special Operations Contracting Squadron/AFLT, Attention 2Lt Alexander McNamee, 511 N. Torch Blvd, Cannon AFB NM 88103-5109.

(d) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past and/or 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/or present relevant contracts.

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

2. 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."

(End of Addendum to FAR 52-212-1, Instructions to Offerors – Commercial Items (April 2008))

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 52.212-2

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

ATTACHMENT 2

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) Technical

(2) Past Performance

(3) Price

Technical will first be evaluated for acceptability on a pass/fail basis. Offers passing the technical pass/fail acceptability will then proceed to a best value Performance Price Tradeoff (PPT) selection process where past performance is significantly more important than price when being evaluated.

(b) 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, EVALUATION—COMMERCIAL ITEMS (JAN 1999). The clause is tailored to add the following paragraphs.

(d) Basis for Award. This is a competitive best value Performance Price Tradeoff (PPT) source selection solicitation. First, each proposal will be evaluated for technical acceptability on a pass/fail basis. After a proposal is determined technically acceptable, price/cost and past performance will be evaluated utilizing a PPT process. The government will make an integrated PPT assessment and award to the technically acceptable offer considered to be the offeror who will provide the best value to the government. For the purpose of the PPT, past performance is significantly more important than price. The government reserves the right to award a contract to other than the lowest evaluated price if that offer is not considered to present the best value to the government. CAUTION: Offerors should assure that proposals are submitted in accordance with the instructions provided in FAR Clause 52.212-1, Instructions to Offerors - Commercial Items, and its addendum, and by submission of its offer accedes to the terms of this contract. The evaluation process shall proceed as follows:

(e) Technical Evaluations. The technical evaluation process will evaluate the offeror's qualifications for the requirement at Cannon Air Force Base, New Mexico, as detailed in the Performance Work Statement (PWS) (Attachment 1 of this solicitation). The offeror’s technical information submission will be evaluated as acceptable or unacceptable (pass or fail). Technical information will be evaluated on the three (3) subfactors listed below. Each subfactor will be rated on an acceptable/unacceptable (pass/fail) basis. If any subfactor results in an unacceptable (failed) rating, it will render the entire technical final rating as unacceptable (failed). Only those offers determined to be technically acceptable (pass), either initially or as a result of clarifications, will proceed to the PPT evaluation process and will be considered for award.

(1) Subfactor 1 – Installation and Maintenance Plan. The Offeror’s proposal must demonstrate a sound technical understanding and methodology required to provide installation, testing, training, and support of video system as required in the PWS.

(2) Subfactor 2 – Personnel and Security Requirements. The offeror shall identify and provide the resumes of all potential key personnel selected to perform under this contract. The offorer shall possess a Top Secret security clearance with the ability to obtain SCI access at system acceptance and shall provide all required documentation to the government as needed. The requirement for these qualifications can be found in Paragraphs 1.7.1, 1.7.2, 4.3.1, and 4.4 of the PWS at Attachment 1 of the solicitation.

(3) Subfactor 3 – Quality Control Plan (QCP). The offeror shall provide a one to two (1-2) page summary of information outlining procedures, whether currently in place or planned, which will explain how they plan to implement quality control procedures. The offeror shall ensure the information in the QCP section of the Deliverable Matrix at paragraph 1.8 of the PWS at Attachment 1 of the solicitation are included.

(f) Price Proposal Evaluations:

(1) Upon completion of the technical evaluation, price will be evaluated to determine the offeror’s understanding of the contract requirements as expressed by the solicitation. Any inconsistencies (whether real or apparent) in price must be clearly justified. For example, if unique and innovative approaches are the basis for an abnormally low proposed price, the nature of these approaches and their impact to the proposed price must be completely documented. The burden of proof for cost credibility rests solely with the offeror. The following evaluation criteria shall apply:

(a) Completeness. Price will be considered complete when the offeror has proposed firm-fixed prices for Contract Line Item Numbers (CLINs) 0001 and 0002 in Section SF 1449 - Continuation Sheet of the solicitation. Offers for partial quantities will not be considered for award. Price will be evaluated to determine whether the offeror provided sufficient data as required by the solicitation and/or contracting officer during the evaluation. Incomplete offers will be deemed non-responsive and will not be accepted.

(b) Realism will be based on an evaluation of the offered price to determine if the cost reflects a clear understanding of the requirements; is consistent with the various elements of the offeror’s technical information; and is not unbalanced, excessive, or insufficient for the effort to be accomplished. This will be accomplished by comparing all offers received in response to this solicitation.

(c) Reasonableness will be determined by comparing offers received in response to this solicitation to each other and against the independent government estimate.

(2) Offers shall be ranked according to price, including option prices. An offeror’s proposal price will be determined by multiplying the quantity times the unit price for the item number and totaling the product of that calculation for all priced item numbers to arrive at a total estimated contract value. The basis of the proposed prices must be compatible with all other elements of the proposal. No advantage will accrue to an offeror who submits an unrealistically low-price proposal. Such a proposal may be viewed as indicative of a lack of understanding of the government’s desired objective. Since discussions are not contemplated, the offeror should submit his/her best price upon initial submission of the proposal.

(3) Materially Unbalanced. Offerors are cautioned against submitting a materially unbalanced offer. The government shall analyze offers to determine whether or not they are balanced with respect to prices or separate line items. Offers that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. An offer is materially unbalanced if it is mathematically unbalanced, and if:

(a) There is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer; or

(b) The offer is so grossly unbalanced that its acceptance would be tantamount to allowing an advance payment. The government may determine that the offer is unacceptable if the prices proposed are materially unbalanced.

(g) Past Performance Evaluations:

(1) Using questionnaires, the contracting officer shall seek relevant performance information on offerors based on the past and present efforts provided by the offeror and data independently obtained from other government and commercial sources. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a Significant Confidence or High 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 High Confidence, Significant Confidence, Confidence, Unknown Confidence, Little Confidence, or No Confidence, as defined in AFFARS Mandatory Procedures 5315.3, Table 3. Offerors with no relevant past or present performance history shall receive an Unknown Confidence rating, meaning the rating is treated neither favorably nor unfavorably. Definitions for relevancy and recency as well as the confidence assessment ratings can be found in the tables provided below.

(2) Past performance information will be evaluated on the four (4) subfactors listed below.

a. Subfactor 1 - Timeliness. The evaluation team will evaluate the contractor's timeliness of completing the contract, task orders, milestones, delivery schedules, and administrative requirements.

b. Subfactor 2 - Quality. The evaluation team will evaluate each offeror's present and past performance information to determine the contractor's level of conformance to contract requirements, specifications, and standards of good workmanship. The evaluation team will focus on whether the contractor met contract requirements, specifications, and all other terms and conditions. The evaluation team shall also consider the contractor's compliance with its quality control plan and the effectiveness of the contractor's quality control plan and procedures.

c. Subfactor 3 - Management. The evaluation team will evaluate the contractor's integration and coordination of all activity to execute the contract, especially focusing on management of staffing, equipment, supplies, and records. The evaluation team will look at whether the contractor sufficiently manned the contract in order to meet contract schedule requirements.

d. Subfactor 4 - Customer Satisfaction. The evaluation team will evaluate how well the contractor met the customer's needs in terms of contract requirements, specifications, and standards of good workmanship. The evaluation team will especially focus on the contractor's communication with the customer, professional working relationship, responsiveness, resolution of customer complaints, initiative to solve problems, and realignment of schedules to meet the customer's needs.

(3) When relevant performance records indicate performance problems, the government will consider the number and severity of the problems and the appropriateness and effectiveness of any corrective actions taken (not just planned or promised). The government may review more recent contracts or performance evaluations to ensure corrective actions were implemented in order to evaluate the effectiveness of the corrective actions.

(4) 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.

(5) If the lowest priced evaluated offer is judged to have a Significant Confidence or High Confidence performance assessment rating, 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.

(6) If the lowest reasonably priced offer is not judged to have a Significant Confidence or High Confidence assessment rating, the next lowest reasonably priced offer will be evaluated and the process will continue (in order by reasonable price) until an offer is judged to have a Significant Confidence or High Confidence assessment rating or until all offers are evaluated. The SSA shall then make an integrated assessment best value award decision.

RELEVANCY DEFINITIONS

Installation and testing of video systems on a TS/SCI network

Training users on functionality and usage of installed systems

On-site and Off-site maintenance support of video systems on a TS/SCI network

Installation and testing of Video systems

Training users on functionality and usage of installed systems

On-site and/or Off-site maintenance support of video systems

RECENCY DEFINITIONS

CONFIDENCE ASSESSMENT RATINGS

(h) Offerors are cautioned to submit sufficient information and in the format specified in the addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Communications conducted to resolve minor or clerical errors will not constitute discussions, and the government reserves the right to award a contract without the opportunity for proposal revision.

(i) 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 Addendum to FAR 52-212-2, Evaluation – Commercial Items (Jan 1999)) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007) 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.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Taxpayer Identification Number (TIN).

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

___ TIN has been applied for.

___ TIN is not required because:

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

Offeror is an agency or instrumentality of a foreign government;

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

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

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

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

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

(5) Common parent.

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

___ Name and TIN of common parent:

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

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

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

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

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) 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 each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action…