FA4861-12-C-R003.doc

Section SF 1449 - CONTINUATION SHEET

FMS Manuals and AFTTP Production

FFP

The Contractor shall provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce, as needed, Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as defined in the Performance Work Statement (PWS).

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

FFP

Option 1

The Contractor shall provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce, as needed, Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as defined in the Performance Work Statement (PWS).

MAX

FFP

Option 2

The Contractor shall provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce, as needed, Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as defined in the Performance Work Statement (PWS).

MAX

FFP

Option 3

The Contractor shall provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce, as needed, Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as defined in the Performance Work Statement (PWS).

MAX

FFP

Option 4

The Contractor shall provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce, as needed, Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as defined in the Performance Work Statement (PWS).

MAX

ITEM(S) 0001 - EXHIBIT 01

FMS and AFTTP Manual Production

BASE YEAR - PRICING SCHEDULE - EXHIBIT 01

ITEM 0001: The primary purpose of this Indefinite‑Delivery/Indefinite Quantity (IDIQ) contract is to provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as may be ordered by the Contracting Officer in strict conformance with the Performance Work Statement (PWS).

UNIT PRICE

EXTENDED AMOUNT

NOTE:

The estimated quantities shown in the pricing schedules, Exhibits 01 through 05, are shown for the purpose of determining the low offeror and are not guaranteed to be ordered. The dollar amount ordered shall not exceed the amount specified as the maximum Contract Amount ($9 Million) and may accrue during one or more contract periods.

ITEM(S) 1001 - EXHIBIT 02

FMS and AFTTP Manual Production

OPTION YEAR #1 - PRICING SCHEDULE - EXHIBIT 02

ITEM 0002: The primary purpose of this Indefinite‑Delivery/Indefinite Quantity (IDIQ) contract is to provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as may be ordered by the Contracting Officer in strict conformance with the Performance Work Statement (PWS).

UNIT PRICE

EXTENDED AMOUNT

The estimated quantities shown in the pricing schedules, Exhibits 01 through 05, are shown for the purpose of determining the low offeror and are not guaranteed to be ordered. The dollar amount ordered shall not exceed the amount specified as the maximum Contract Amount ($9 Million) and may accrue during one or more contract periods.

ITEM(S) 2001 - EXHIBIT 03

FMS and AFTTP Manual Production

OPTION YEAR #2 - PRICING SCHEDULE - EXHIBIT 03

ITEM 0003: The primary purpose of this Indefinite‑Delivery/Indefinite Quantity (IDIQ) contract is to provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as may be ordered by the Contracting Officer in strict conformance with the Performance Work Statement (PWS).

UNIT PRICE

EXTENDED AMOUNT

The estimated quantities shown in the pricing schedules, Exhibits 01 through 05, are shown for the purpose of determining the low offeror and are not guaranteed to be ordered. The dollar amount ordered shall not exceed the amount specified as the maximum Contract Amount ($9 Million) and may accrue during one or more contract periods.

ITEM(S) 3001 - EXHIBIT 04

FMS and AFTTP Manual Production

OPTION YEAR #3 - PRICING SCHEDULE - EXHIBIT 04

ITEM 0004: The primary purpose of this Indefinite‑Delivery/Indefinite Quantity (IDIQ) contract is to provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as may be ordered by the Contracting Officer in strict conformance with the Performance Work Statement (PWS).

UNIT PRICE

EXTENDED AMOUNT

The estimated quantities shown in the pricing schedules, Exhibits 01 through 05, are shown for the purpose of determining the low offeror and are not guaranteed to be ordered. The dollar amount ordered shall not exceed the amount specified as the maximum Contract Amount ($9 Million) and may accrue during one or more contract periods.

ITEM(S) 4001 - EXHIBIT 05

FMS and AFTTP Manual Production

OPTION YEAR #4 - PRICING SCHEDULE - EXHIBIT 05

ITEM 0005: The primary purpose of this Indefinite‑Delivery/Indefinite Quantity (IDIQ) contract is to provide all personnel, supervision, equipment, tools, materials, and services necessary to develop and produce Foreign Military Sales (FMS) Tactics Employment Manuals and select Air Force Tactics, Techniques, and Procedures (AFTTP) manuals for the United States Air Force, as may be ordered by the Contracting Officer in strict conformance with the Performance Work Statement (PWS).

UNIT PRICE

EXTENDED AMOUNT

The estimated quantities shown in the pricing schedules, Exhibits 01 through 05, are shown for the purpose of determining the low offeror and are not guaranteed to be ordered. The dollar amount ordered shall not exceed the amount specified as the maximum Contract Amount ($9 Million) and may accrue during one or more contract periods.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

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

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2013

ROBERT (KENT) COSTIN

5490 PEASE DRIVE, BLDG 1114

NELLIS AFB NV 89191-6507

702-652-3811

F3G0AB

30-JUN-2014

F3G0AB

30-JUN-2015

F3G0AB

30-JUN-2016

F3G0AB

30-JUN-2017

F3G0AB

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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.”

ADDENDA 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; Volume I – Price Proposal, Volume II – Technical Proposal, and Volume III – 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 data 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 cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

C. Specific Instructions:

1. VOLUME 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, Offeror Representations and Certifications – Commercial Items, shall be returned along with the proposal.

2. VOLUME II – TECHNICAL PROPOSAL

2.1 General

The Technical Volume should be specific and complete. Legibility, clarity, and coherence are very important. Your responses will be evaluated against the Technical subfactors defined in Section M, Evaluation Factors for Award. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying these subfactors. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

2.2 Format and Specific Content

(Each ITO will have a unique configuration for this part of the instructions, based on the technical aspects of your program. The description of the Technical subfactors, including how each will be evaluated, should be in Section M. In Section L, however, you must instruct the offerors concerning how you want them to construct and present their responses. Structure this section according to your Section M, Evaluation Factors for Award. Include a sub-bullet for each subfactor and include formatting instructions and content requirements for all information the offeror will be required to provide for the evaluation of that subfactor. For instance, if section M identified the first subfactor under the Technical factor to be Reliability and described a subfactor evaluation considering the offeror's proposed approach to Predictions and Analysis as well as their approach to Environmental Stress Screening, the requested formatting might appear in the ITO as follows:)

Subfactor 1 Reliability

Predictions and Analysis

Environmental Stress Screening

2.2.1 Technical

In the technical volume, address your technical solution for meeting or exceeding the Government’s minimum performance or capability requirements of each technical subfactor.

2.2.2 Volume Organization

The Technical volume shall be organized according to the following general outline: (This must be tailored)

(1) Table of Contents

(2) List of Table and Drawings

(3) Glossary

(4) Cross Reference Matrix

(5) Subfactor One

(6) Subfactor Two (etc.)

2.2.3 Subfactors

Define and describe the processes, tools, and approaches to be utilized in the management of the AFTTP Production and FMS Manual Requirement.

Criteria – At a minimum include:

Subfactor 1. A systematic process for tactics manual review and production (reference 1.4.2. & 1.4.5 of PWS). The process shall demonstrate an understanding of the PWS, timelines for production of start-up and follow-up manuals, and the considerations involved when editing manuals subject to disclosure guidelines. NOTE: The specific SAF/IA disclosure guidelines are NOT releasable prior to award, but the offerors proposal should demonstrate an understanding of the considerations necessary to ensure the editing process can be performed IAW the PWS.

Subfactor 2. The methodology that will be utilized for recruiting, hiring, retaining, and replacing employees that demonstrates the ability to ensure appropriate qualifications/skill-sets IAW PWS paragraph 1.2. will be maintained throughout the life of the contract.

Subfactor 3. A Skill Set Matrix that includes all requirements in PWS paragraph 1.2 and identifies personnel, resources, and any subcontracting and/or teaming arrangements. Provide position descriptions for all proposed labor categories, to include security clearance information, description of labor category qualifications (e.g. minimum years experience, degree requirements etc.), as well as the number and type of appropriate professional certified and security-cleared personnel to be utilized for each labor category. The Offeror may present resumes of personnel if it wishes, but is not required to do so. The minimum requirement is to submit a skill set matrix that exhibits the qualifications of the proposed positions that will satisfy the contractor qualification requirements of this effort as described in the Performance Work Statement.

Subfactor 4. The proposal shall demonstrate experience using Adobe Framemaker, Adobe Photoshop, Adobe Illustrator, and Adobe Acrobat Professional for desktop publishing.

Subfactor 5. The proposal shall demonstrate experience in editing and producing classified and unclassified military technical manuals in the correct format.

Subfactor 6. Demonstrate experience in handling foreign disclosure requirements, particularly with respect to foreign military sales.

Proposals shall be rated according to the following scale:

ACCEPTABLE – Proposal meets the minimum requirements of the solicitation.

UNACCEPTABLE – Proposal does not meet the minimum requirements of the solicitation.

3. VOLUME III – PAST PERFORMANCE INFORMATION - Only references for relevant contracts are desired. Submit original and four (4) copies.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for relevant past efforts/contracts (similar in scope and magnitude of effort and complexities this solicitation requires). 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) Performance Surveys: The government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and any other sources of information available to the Government to assess past performance. Provide a list of no more than ten (10), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant contracts include those related to the editing/redaction of government manuals or publications dealing with military equipments or tactics. 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 listed:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

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

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions. 5 If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past 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 relevant contracts.

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

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.

General Information

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals must be delivered to the bid depository at the 99th Contracting Squadron, 5865 Swaab Blvd, Bldg 588, Nellis AFB, NV 89191. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror.

Offerors are cautioned that Nellis AFB, NV 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 bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

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

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

Presidents Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

52.212-2 -- Evaluation -- Commercial Items (Addendum).

Evaluation Method - This requirement will be evaluated using the Lowest Priced, Technically Acceptable (LPTA) source selection method. The LPTA method is a simplified best value source selection strategy that permits award to the lowest priced offeror who meets the minimum requirements as identified in the PWS. The lowest price technically acceptable source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

All proposals will be ranked by total evaluated price. The Government shall then evaluate proposals for technical acceptability to determine a rating of Acceptable or Unacceptable. If any of the technical subfactors are rated Unacceptable, the overall rating is Unacceptable and the proposal will not be evaluated further. The Government shall continue to evaluate proposals in order of their price rankings, lowest to highest. As a means of obtaining effective competition, the Government shall evaluate a minimum of three proposals.

Tradeoffs are not permitted and no evaluation credit is given to aspects of an offerors proposal that exceed acceptability standards.

Evaluation Criteria - Specific evaluation criteria follows:

1. PRICE: Price will be evaluated using techniques establishd in FAR 15.404-1 to ensure the Government receives a fair, reasonable, and balanced price. The government will evaluate proposed prices by comparison to the attached pricing schedules (see exhibits 1-5) to determine whether prices are consistent with the skill sets required for the work to be performed, the geographical location where the work will be performed, reflect a clear understanding of the requirements, and are consistent with the various aspects of the offeror’s proposal.

1.1 Total evaluated price will consist of the sum of all labor category CLINs. Award will be made on the basis of the lowest evaluated price proposal meeting the minimum technically acceptable criteria and Past Performance in accordance with the PWS. 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).

2. TECHNICAL: The government will evaluate the technical proposals on a pass/fail basis, assigning a rating of Acceptable or Unacceptable for each technical subfactor. If any of the technical subfactors are rated Unacceptable, the overall rating is Unacceptable and the proposal will not be evaluated further for Price. The Offeror shall define and describe the processes, tools, and approaches to be utilized in the management of the AFTTP Production and FMS Manual Requirement. In the evaluation of the technical proposals the following criteria shall be used:

Subfactor 1. A systematic process for tactics manual review and production (reference 1.4.2. & 1.4.5 of PWS). The process shall demonstrate an understanding of the PWS, timelines for production of start-up and follow-up manuals, and the considerations involved when editing manuals subject to disclosure guidelines. NOTE: The specific SAF/IA disclosure guidelines are NOT releasable prior to award, but the offerors proposal should demonstrate an understanding of the considerations necessary to ensure the editing process can be performed IAW the PWS.

Subfactor 2. The methodology that will be utilized for recruiting, hiring, retaining, and replacing employees that demonstrates the ability to ensure appropriate qualifications/skill-sets IAW PWS paragraph 1.2. will be maintained throughout the life of the contract.

Subfactor 3. A Skill Set Matrix that includes all requirements in PWS paragraph 1.2 and identifies personnel, resources, and any subcontracting and/or teaming arrangements. Provide position descriptions for all proposed labor categories, to include security clearance information, description of labor category qualifications (e.g. minimum years experience, degree requirements etc.), as well as the number and type of appropriate professional certified and security-cleared personnel to be utilized for each labor category. The Offeror may present resumes of personnel if it wishes, but is not required to do so. The minimum requirement is to submit a skill set matrix that exhibits the qualifications of the proposed positions that will satisfy the contractor qualification requirements of this effort as described in the Performance Work Statement.

Subfactor 4. The proposal shall demonstrate experience using Adobe Framemaker, Adobe Photoshop, Adobe Illustrator, and Adobe Acrobat Professional for desktop publishing.

Subfactor 5. The proposal shall demonstrate experience in editing and producing classified and unclassified military technical manuals in the correct format.

Subfactor 6. Demonstrate experience in handling foreign disclosure requirements, particularly with respect to foreign military sales.

Proposals shall be rated according to the following scale:

ACCEPTABLE – Proposal clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE – Proposal does not clearly meet the minimum requirements of the solicitation.

3. PAST PERFORMANCE: The Government shall review previous contracts for recent, relevant work (within the last three years), to ascertain whether there is a history of adverse performance on same or similar efforts.

Criteria – The Government shall assign a rating of "Acceptable" or "Unacceptable".

An "Acceptable" rating will be assigned if: Based upon the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below)

An "Unacceptable" rating will be assigned if: Based upon the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability,“unknown” shall be considered “acceptable.”

The Government will review all past performance received to determine if it is recent and relevant. To be considered recent a contract must have had at least a portion of its performance take place within three years of the date of RFP release.

The Government will conduct an evaluation of all performance deemed to be recent to determine how closely the products provided/services performed under those contracts relate to the FMS/AFTTP Manual requirement and a rating of “relevant” or “not relevant” shall be assigned. Consideration will be given to things such as similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, contract magnitude and schedule. The Government reserves the right to search for past performance information from various databases (PPIRS, CPARS etc) and other sources as applicable in order to determine whether Offeror’s past performance provides a reasonable expectation that they shall successfully perform the FMS/AFTTP Manual requirement.

Offerors with either “satisfactory” or “unknown” confidence ratings shall receive an overall rating of “Acceptable” for the Past Performance factor. Offerors with an “unsatisfactory” confidence rating shall receive an overall rating of “Unacceptable” for the Past Performance factor.

(End of Provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011) 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 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, 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.

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 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 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…