FA5209-10-T-0168 Science Tech Consultant.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CLAUSES INCORPORATED BY FULL TEXT

Addenda to Block 27a of SF 1449

SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS:

CONTRACTOR SHALL PROVIDE ALL NECESSARY PERSONNEL, SUPERVISION, MANAGEMENT, EQUIPMENT, TRANSPORTATION, MATERIALS AS DESCRIBED IN THE ATTACHED PERFORMANCE-BASED WORK STATEMENT (PWS) TO PROVIDE US BASED CONSULTANT IN INFORMATION SCIENCES AND TECHNOLOGY (IS&T) TO SUPPORT THE ASIAN OFFICE OF AEROSPACE RESEARCH AND DEVELOPMENT (AOARD), TOKYO, JAPAN.

Section SF 1449 - CONTINUATION SHEET

Basic Period - Services IAW PWS

FFP

U.S. based consultant in information sciences and technology to support the Asian Office of Aerospace Research and Development (AOARD) in accordance with the attached PWS. At the beginning of each period of the contract, the Contractor shall have a Planning Meeting with AOARD either in person or via e-mail, or phone to discuss a plan of action for that period.

NSN: R499-AO-ARD-CONS

PURCHASE REQUEST NUMBER: F4GGA20074A001

SIGNAL CODE: A

NET AMT

Basic Period - Reimbursable Travel

FFP

Reimbursable Travel Charge. The contractor shall prepare a Travel Report after each official travel assignment within 5 duty days after the trip. OFFERORS ARE NOT REQUIRED TO SUBMIT A PRICE FOR THIS LINE ITEM

NSN: R499-AO-ARD-CONS

PURCHASE REQUEST NUMBER: F4GGA20074A001

ESTIMATED

NET AMT

FFP

U.S. based consultant in information sciences and technology to support the Asian Office of Aerospace Research and Development (AOARD) in accordance with the attached PWS. At the beginning of each period of the contract, the Contractor shall have a Planning Meeting with AOARD either in person or via e-mail, or phone to discuss a plan of action for that period.

NSN: R499-AO-ARD-CONS

NET AMT

FFP

Reimbursable Travel Charge. The contractor shall prepare a Travel Report after each official travel assignment within 5 duty days after the trip. (OFFERORS ARE NOT REQUIRED TO SUBMIT A PRICE FOR THIS LINE ITEM OFFERORS ARE NOT REQUIRED TO SUBMIT A PRICE FOR THIS LINE ITEM.

ESTIMATED

FFP

U.S. based consultant in information sciences and technology to support the Asian Office of Aerospace Research and Development (AOARD) in accordance with the attached PWS. At the beginning of each period of the contract, the Contractor shall have a Planning Meeting with AOARD either in person or via e-mail, or phone to discuss a plan of action for that period.

NET AMT

FFP

Reimbursable Travel Charge. The contractor shall prepare a Travel Report after each official travel assignment within 5 duty days after the trip. (OFFERORS ARE NOT REQUIRED TO SUBMIT A PRICE FOR THIS LINE ITEM OFFERORS ARE NOT REQUIRED TO SUBMIT A PRICE FOR THIS LINE ITEM.

ESTIMATED

PRICE SUMMARY

ITEM 0001 – Basic Period:

ITEM 0002 – Travel:

$20,000.00 (Reimbursable, NTE)

BASIC PERIOD TOTAL:

ITEM 1001 – Option Period 1:

ITEM 1002 – Travel:

OPTION PERIOD 1TOTAL:

ITEM 2001 – Option Period 2:

ITEM 2002 – Travel:

OPTION PERIOD 2 TOTAL:

CONTRACT TOTAL:

Note 1: The government contemplates award of a firm-fixed-price contract resulting from this solicitation.

Note 2: Solicitation provisions will be physically removed from any resultant award, but will be deemed to be incorporated by reference in that award.

DELIVERY INFORMATION

31-AUG-2011

7-23-17 ROPPONGI

MINATO-KU, TOKYO 106-0032 JAPAN

FOB: Destination

F4GGA1

31-AUG-2011

F4GGA1

31-AUG-2012

F4GGA1

31-AUG-2012

F4GGA1

31-AUG-2013

F4GGA1

31-AUG-2013

F4GGA1

Addenda to SF 1449

Block 17b of SF 1449, 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.

Block 25 of SF 1449, Accounting and Appropriation Data: Will be listed on resultant contract.

Services will be inspected/accepted at the following address by the following Quality Assurance Personnel (QAP) or another person duly authorized by the AOARD:

Address:

AOARD Office

Akasaka Press / US Forces Compound

7-23-17 Roppongi

Minato-ku, Tokyo, Japan

QAP:

John Harrison, GS-12, DAF

E-Mail: john.harrison@aoard.af.mil

CONTRACT ADMINISTRATION DATA

Invoice shall be sumitted in four (4) copies to the receiving officer for certifiation of hours. After certification, contractor’s invoice for payment will be submitted to:

DFAS-Japan, Air Force Vendor Pay

ATTN: DFAS J/JRLE

Unit 5220, APO AP 96328-5220

Contracting Officer’s Information:

Wayne Godfrey, YC-02, DAF

Telephone (from US): 011-81-31175-57499

E-mail: wayne.godfrey@yokota.af.mil

Contract Administrator’s Informaiton:

Fumiko Kano

E-mail: fumiko.kano@aoard.af.mil

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities

APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) with

OCT 1995

Alternate I

52.212-4 Contract Terms and Conditions – Commercial Items

MAR 2009

52.222-19 Child Labor – Cooperation with Authorities and Remedies

AUG 2009

52.222.21 Prohibition of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

MAR 2007

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

SEP 2006

Era, and Other Eligible Veterans

52.222-36 Affirmative Action for Workers with Disabilties

JUN 1998

52.222-37 Employment Report on Special Disabled Veterans, Veterans of the Vietnam

SEP 2006

Era, and Other Eligible Veterans

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

MAY 1999

52.233-3 Protest After Award

AUG 1996

252.225-7008 Restriction on Acquisition of Speciality Metals

JUL 2009

252.247-7024 Notification of Transportation of Supplies by Sea

MAR 2000

Addendum to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Mar 2009):

(c) Changes. The text is deleted and replaced as follows:

FAR 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Terms of the Contract, have been added by addendum to this contract. In accordance with terms and conditions of the clause, the Contracting Officer may unilaterally exercise any option(s). All other changes to the terms and conditions of this contract shall be made only by written agreement of the parties.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2009) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) Reserved.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

__ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within not later than 15 days before the end of the basic period or option period.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within at least 45 days prior to the end of the basic period or option period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

(End of clause)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (Dec 2009) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(End of clause)

LIST OF ATTACHMENTS:

Attachment 1:

Performance-Based Work Statement (PWS), dated 19 March 2010, 12 pages

Attachment 2:

Level of Effort, undated, 1 page

Attachment 3:

Performance Plan (PP), dated 19 March 2010, 8 pages

Attachment 4:

List of References, undated, 2 pages

Attachment 5:

Past/Present Performance Survey, undated, 7 pages

NOTE: Attachments 2 thru 5 will not be a part of the resulting contract.

CLAUSES INCORPORATED BY REFERENCE

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

Paragraph (a) is modified to read as follows:

(a) This is a competitive best value source selection in which competing offeror’s proposals will be evaluated on an integrated assessment of technical factors, price and past performance, with technical factors and past performance approximately equal to price. By submission of its offer in accordance with the instructions provided in the solicitation provisions, the offeror accedes to the terms of this resultant contract and all such offers shall be treated equally except for their prices and performance records. The Government will award a single contract resulting from this solicitation to the responsible offeror whose proposal conforms to the solicitation requirements and will provide the best value to the Government in terms of the technical factors, price and past performance. The evaluation process shall proceed as follows:

(1) Technical proposals from offerors will be evaluated to determine technical acceptability. The technical proposal must include a narrative that addresses each of the following standards individually. The offeror is encouraged to provide specific details to demonstrate knowledge and expertise in each standard. This is a pass/fail determination based on a comparision to pre-established criteria. Failure in any of the standards will cause the proposal to be rejected. A rejected proposal will not go on to the next step.

Include any detailed expertise specifically in the fields of:

· Information Technology

· Artificial Intelligence, Robotics, and Mathematics.

(2) Next, offers that have been determined to be technically acceptable shall be ranked according to evaluated prices. The price evaluation will be made on the basis of the total price of all line items including all option prices except CLINs x0002. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. An offeror must propose on all line items including options (See paragraph (b) below).

(3) Finally, using Past Performance Survey, the Government shall seek performance information on only the offers that have been determined to be technically acceptable based on (1) the references provided by the offerors and (2) data independently obtained from other governmental and commercial sources. 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 past performance. Recency, Relevancy and Quality are defined below in this provision. The assessment process shall result in an integrated performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence or Unknown Confidence as defined below in accordance with AFFARS MP5315.3. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be evaluated as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence,” meaning the rating is treated neither favorably nor unfavorably. When relevant performance record indicates 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 have been implemented and to evaluate their effectiveness.

(4) If the lowest priced technically acceptable evaluated offeror is judged to have a “Substantial Confidence” performance rating and is determined to be responsible, that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

(5) If the lowest priced technically acceptable evaluated offeror is not judged to have a “Substantial Confidence” performance assessment, the next lowest priced technically acceptable evaluated offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a “Substantial Confidence” performance assessment or until all technically acceptable offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

(6) Past Performance Information: The past performance information shall be recent and relevant information in demonstrating the offeror’s ability to successfully perform the required effort. The past performance information shall consist of (1) Past Performance Reference List and (2) Past Performance Survey.

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 and present relevant contracts.

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.

(i) Past Performance Reference List: The offeror shall prepare the Past Performance Reference List in the same format as Solicitation Attachment #4 and submit to 374 CONS/LGCZ, by either e-mail (wayne.godfrey@yokota.af.mil) or FAX (042-552-3010), not later than Jul 9, 2010) to match the information of Past Performance Survey as required in below paragraph (a(3)(ii)). The reference list shall contain three (3) contracts performed (on-going or completed) as prime contractor, subcontractor, joint ventures and/or teaming partners of the most relevant contracts (similar in scope, size and complexity) for US Government agencies, Government of Japan or its political subdivisions, or commercial customers within the last 3 years of this solicitation release date. Furnish the following information for each reference on the list:

(A) Name of contracting activity (e.g. Government Agency/Company name)

(B) Point of Contact (POC), Contracting Officer and/or Contract Administrator’s phone/FAX number, and e-mail address (if available)

(C) Contract number and project title

(D) Contract Type (e.g. Firm-Fixed Price, IDIQ, Requirements type)

(E) Total contract value

(F) Performance period (e.g. date/month/year through date/month/year)

(G) Description of contract work performed

(H) Contracting Officer’s name and phone number

(I) Government Inspector/commercial project manager and phone number

(J) List of major subcontractors if applicable

In addition, the offeror may provide information on problems encountered on the contracts identified above and corrective actions taken to resolve these problems. This may include a discussion of efforts accomplished by the offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk.

(ii) Past Performance Survey: The Government requires the Past Performance Information of the contracts identified in Past Performance Reference List from each contracting activity. The offeror shall send out the Past Performance Survey (See Solicitation Attachment # 5) to respective Points of Contact (POCs) of contracting activity identified in Past Performance Reference List. The responsibility to send out the Past Performance Survey rests solely with the offeror – i.e., it shall not be delegated to any other entity. Once the Past Performance Survey is completed by the POCs, the information contained therein shall be considered sensitive and shall not be releasable. Past Performance Survey shall be sent directly back to 374 CONS/LGCZ from evaluating agencies/companies, not later than 1200 hours, 9 Jul 2010 by either e-mail (wayne.godfrey@yokota.af.mil) FAX (042-552-9846 or 011-81-42-552-9846 from U.S.). Offerors are responsible for ensuring that their referenced sources receive the Past Performance Survey in time to complete and return the Past Performance Survey to 374th Contracting Squadron. No Past Performance Survey will be accepted directly from the offeror being evaluated. The Government will evaluate the quality and extent of offeror’s experience deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess experience.

(7) Past Performance Evaluation:

(i) Past performance evaluation will be performed based on the following criteria:

(A) Recency: Each contract shall be confirmed whether the contract has been completed during the past three (3) years from this solicitation release date, or is currently in progress.

(B) Relevancy: Relevancy means the performance being considered shall have a logical connection to the work described in the solicitation such as the service similarity, service complexity, contract type, program or lifecycle phase, contract environment, division of company proposing, subcontractor interaction and magnitude. A relevant contract that the offeror performed as a prime contractor, subcontractor, joint ventures, and/or teaming partners shall include the performance required at para 1 of PWS and the relevancy rating below shall be assigned to each contract. Higher relevancy will be assessed for contracts that the Government determined the contract that is most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. The Government is not bound by the offeror's opinion of relevancy.

Rating

Description

(C) Quality: Quality shall be assessed by the Past Performance Survey focusing on the following five (5) factors. The Government shall determine the overall quality rating of the past performance information applying the following quality rating.

- Schedule

- Cost Control

- Business Relations

- Management of Key Personnel

Rating

Description

(ii) In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings below based on the Recency/Relevancy/Quality evaluation results.

(8) 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.

(9) The Government reserves the right to award a contract to other than the lowest priced offer or other than the offeror with the highest rated past performance evaluation.

(10) Offerors are cautioned to submit sufficient information and in the format specified in this solicitation. 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) or to resolve minor or clerical errors. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserve the right to award a contract without the opportunity for proposal revision.

(11) 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.

(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)

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 (c) through (m) 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 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.

"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.

(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 s 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.

(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 programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign…