RFP.doc

Section SF 1449 - CONTINUATION SHEET

Monthly Operations Cost

FFP

Contractor shall provide all supervision, personnel, equipment, tools, transportation, materials, and etc. necessary to Operate, Maintain and Repair the Wastewater Treatment Plant at Cannon AFB, NM in accordance with Performance Work Statement (PWS), dated 10 Nov 2009.

Base Year - 1 Feb 10 thru 31 Jan 11 CLINS 0001 thru 0006

FOB: Destination

NET AMT

Materials

This CLIN is for material costs exceeding $1,000.00 in accordance with Paragraph 1.3 and 1.4 inclusive, and costs accumulated in accordance with Performance Work Statement, dated 10 Nov 2009, Paragraph 4.17.

NET AMT

Labor

This CLIN is for labor costs exceeding 40 direct man-hours in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraphs 1.3 and 1.4, inclusive. Hourly rate includes labor, fringe benefits, NM Gross Receipts Tax and all other related expenses.

NET AMT

Preventive Maintenance Inspection

Program and Corrective Maintenance Program in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraphs 1.2 and 1.3, inclusive.

NET AMT

Sludge Analysis and disposal, if applicable. In accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.6 with supporting invoices.

NET AMT

Grit & Grease System Operations Cost in accordance with Performance Work Statement, dated 11 Nov 2009, Para 1.1 of Appendix B.

NET AMT

FFP

Contractor shall provide all supervision, personnel, equipment, tools, transportation, materials, and etc. necessary to Operate, Maintain and Repair the Wastewater Treatment Plant at Cannon AFB, NM in accordance with Performance Work Statement (PWS), dated 11 Nov 2009.

Option Year I - 1 Feb 11 thru 31 Jan 12, CLINs 1001 thru 1006

NET AMT

FFP

This CLIN is for material costs exceeding $1,000.00 in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.3 and 1.4, inclusive, and costs accululated in accordance with Paragraph 4.16.

NET AMT

FFP

This CLIN is for labor costs exceeding 40 direct man-hours in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.3 and 1.4, inclusive. Hourly rate includes labor, fringe benefits, NM Gross Receipts Tax and all other related expenses.

NET AMT

FFP

Program and Corrective Maintenance program in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.2 and 1.3, inclusive.

NET AMT

FFP

and disposal, if applicable, in accordance with Performance work Statement, dated 11 Nov 2009, Paragraph 1.6 with supporting invoices

NET AMT

FFP

in accordance with Performance work Statement, dated 11 Nov 2009, Para 1.1 of Appendix B.

NET AMT

FFP

Contractor shall provide all supervision, personnel, equipment, tools, transportation, materials, and etc. necessary to Operate, Maintain and Repair the Wastewater Treatment Plant at Cannon AFB, NM in accordance with Performance Work Statement (PWS), dated 11 Nov 2009.

Option Year II - 1 Feb 12 thru 31 Jan 13, CLINs 2001 thru 2006

NET AMT

FFP

This CLIN is for material costs exceeding $1,000.00 in accordance with Paragraph 1.3 and 1.4, inclusive, and costs accumulated in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 4.17.

NET AMT

FFP

This CLIN is for labor costs exceeding 40 direct man-hours in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.3 and 1.4, inclusive. Hourly rate includes labor, fringe benefits, NM Gross Receipts Tax and all other related expenses.

NET AMT

FFP

program and Corrective Maintenance Program in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.2 and 1.3, inclusive.

NET AMT

FFP

and disposal, if applicable, in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.6 with supporting invoices.

NET AMT

FFP

NET AMT

FFP

Contractor shall provide all supervision, personnel, equipment, tools, transportation, materials, and etc. necessary to Operate, Maintain and Repair the Wastewater Treatment Plant at Cannon AFB, NM in accordance with Performance Work Statement (PWS), dated 11 Nov 2009.

Option Year III - 1 Feb 13 thru 31 Jan 14, CLINs 3001 thru 3006

NET AMT

FFP

This CLIN is for material costs exceeding $1,000.00 in accordance with Paragraph 1.3 and 1.4, inclusive, and costs accumulated in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 4.16.

NET AMT

FFP

This CLIN is for labor costs exceeding 40 direct man-hours in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraphs 1.3 and 1.4, inclusive. Hourly rate includes labor, fringe benefits, NM Gross Receipts Tax and all other related expenses.

NET AMT

FFP

Program and Corrective Maintenance Program in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.2 and 1.3, inclusive.

NET AMT

FFP

and disposal, if applicable, in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.6 with supporting invoices.

NET AMT

FFP

NET AMT

FFP

Contractor shall provide all supervision, personnel, equipment, tools, transportation, materials, and etc. necessary to Operate, Maintain and Repair the Wastewater Treatment Plant at Cannon AFB, NM in accordance with Performance Work Statement (PWS), dated 11 Nov 2009.

Option Year IV - 1 Feb 14 thru 31 Jan 15, CLINs 4001 thru 4006

NET AMT

FFP

This CLIN is for material costs exceeding $1,000.00 in accordance with Performance work Statement, dated 11 Nov 2009, Paragraph 1.3 and 1.4, inclusive, and costs accumulated in accordance with Paragraph 4.16.

NET AMT

FFP

This CLIN is for labor costs exceeding 40 direct man-hours in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.3 and 1.4, inclusive. Hourly rate includes labor, fringe benefits, NM Gross Receipts tax and all other related expenses.

NET AMT

FFP

Program and Corrective Maintenance Program in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.2 and 1.3, inclusive.

NET AMT

FFP

and disposal, if applicable, in accordance with Performance Work Statement, dated 11 Nov 2009, Paragraph 1.6 with supporting invoices.

NET AMT

FFP

in accordance with Performance Work Statement, dated 11 Nov 2009, Para 1.1 of Appendix B

NET AMT

RECAPITULATION TOTALS

Base Year (1 Feb 10 thru 31 Jan 11)

Option Year I (1 Feb 11 thru 31 Jan 12)

Option Year II (1 Feb 12 thru 31 Jan 13)

Option Year III (1 Feb 13 thru 31 Jan 14)

Option Year IV (1 Feb 14 thru 31 Jan 15)

Total Estimated Contract Amount (1 Feb 10 thru 31 Jan 15 All CLINS):

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.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JAN-2011

CECELIA CHAVEZ

506 N DL INGRAM BLVD

CANNON AFB NM 88103

505-784-2483

F1L3J2

31-JAN-2011

F1L3J2

31-JAN-2011

F1L3J2

31-JAN-2011

F1L3J2

31-JAN-2011

F1L3J2

31-JAN-2011

F1L3J2

31-JAN-2012

F1L3J2

31-JAN-2012

F1L3J2

31-JAN-2012

F1L3J2

31-JAN-2012

F1L3J2

31-JAN-2012

F1L3J2

31-JAN-2012

F1L3J2

31-JAN-2013

F1L3J2

31-JAN-2013

F1L3J2

31-JAN-2013

F1L3J2

31-JAN-2013

F1L3J2

31-JAN-2013

F1L3J2

31-JAN-2013

F1L3J2

31-JAN-2014

F1L3J2

31-JAN-2014

F1L3J2

31-JAN-2014

F1L3J2

31-JAN-2014

F1L3J2

31-JAN-2014

F1L3J2

31-JAN-2014

F1L3J2

31-JAN-2015

F1L3J2

31-JAN-2015

F1L3J2

31-JAN-2015

F1L3J2

31-JAN-2015

F1L3J2

31-JAN-2015

F1L3J2

31-JAN-2015

F1L3J2

ACCOUNTING/APPROPRIATION DATA

Funds to be cited on individual delivery orders.

CLAUSES INCORPORATED BY FULL TEXT

Block 17b. Applies to this contract.

REMITTANCE ADDRESS

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

CLAUSES INCORPORATED BY REFERENCE

52.212-1 ADDENDUM

52.212-1 ADDENDUM

52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (Jun 2008)

FAR 52.212-1, Paragraph (c) is tailored as follows:

(1) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer for 90 calendar days from the date specified for receipt of offers.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 ADDENDUM

52.212-4 ADDENDUM CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Mar 2009)

FAR 52.212-4, Paragraph (c) is tailored as follows:

(c) Changes. Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as changes in paying office, appropriations data, etc., which may be changed unilaterally by the Government. Furthermore, the Government may exercise option clauses FAR 52.217-8 entitled “Option to Extend Services” and FAR 52.217-9 entitled “Option to Extend the Terms of the Contract” unilaterally. The Government may use FAR Clause 52.216-18 entitled “Ordering” to de-obligate any excess funds unilaterally.

CLAUSES INCORPORATED BY REFERENCE

LIST OF ATTACHMENTS

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 221320.

(2) The small business size standard is $7.0 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). 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.

FAR Clause Title Date Change

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.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) 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 subsidiary, 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 and other factors considered. The following factors shall be used to evaluate offers:

See Attachment 4, Addendum to FAR 52.212-2

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) 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.

Inverted domestic corporation 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).

“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.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (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: 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…