FA5270-13-R-0045.pdf

18 CONS/LGCB

POC:TOMOKO, HANASHIRO

UNIT 5199, BLDG 95 KADENA AB

APO AP 96368

011-81-611-734-5821

011-81-611-734-4795

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5270-13-R-0045 03-Sep-2013

b. TELEPHONE NUMBER

634-5821

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 18 Sep 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5270

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TOMOKO HANASHIRO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5270-13-R-0045

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PREVENTIVE MAINTENANCE

FFP

In accordance with Performance Work Statement Basic Year: FY 13 Period of Performance: 25 Sep 2013 ~ 24 Sep 2014 FOB: Destination

NET AMT

0001AA 12 Months

MONTHLY SURVEILLANCE FOR 19 RECTIFIERS

FFP

Monthly and Annual Surveillance in accordance with Performance-Based Work

0001AB 1 Lot

ANNUAL SURVEILLANCE

FFP

Once per year in accordance with Performance-Based Work Statement Surveillance Month: Oct

0001AC 2 Months

SEMI-ANNUAL SURVEILLANCE

FFP

In accordance with Performance-Based Work Statement

ON-CALL SERVICE

FFP

In accordance with Performance Work Statement Basic Year: FY 13 Period of Performance: 25 Sep 2013 ~ 24 Sep 2014

0002AA 1,000 Labor

Hours

INTERVENING REPAIR SERVICE

FFP

0002AB 100 Hours

EMERGENCY SERVICE CALL

FFP

0002AC 1 Lot

COST OF REIMBERSED PARTS REPLACEMENT

FFP

The contractor will be reimbersed 100% for all replacement parts cost in accordance with Performance-Based Work Statement

NTE: $25,000

OPTION PREVENTIVE MAINTENANCE

FFP

In accordance with Performance Work Statement Option Year One: FY 14 Period of Performance: 25 Sep 2014 ~ 24 Sep 2015

1001AA 12 Months

OPTION MONTHLY SURVEILLANCE FOR 19 RECTIFIERS

FFP

1001AB 1 Lot

OPTION ANNUAL SERVEILLANCE

FFP

Once per year in accordance with Performance-Based Work Statement

1001AC 2 Months

OPTION SEMI-ANNUAL SURVEILLANCE

FFP

Inspection Month: May and Nov in accordance with Performance-Based Work Statement

OPTION ON CALL SERVICE

FFP

In accordance with Performance Work Statement Option Year One: FY 14 Period of Performance: 25 Sep 2014 ~ 24 Sep 2015

1002AA 1,000 Labor

OPTION INTERVENING REPAIR CALLS

1002AB 100 Hours

OPTION EMERGENCY SERVICE CALLS

FFP

1002AC 1 Lot

OPTION COST OF REIMBERSED PARTS REPLACEMENT

FFP

The contractor will be reimbersed 100% for all replacement parts cost in accordance with Performance-Based Work Statement

OPTION PREVENTIVE MAINTENANCE

FFP

In accordance with Performance Work Statement Option Year Two: FY 15 Period of Performance: 25 Sep 2015 ~ 24 Sep 2016

2001AA 12 Months

OPTION MONTHLY SURVEILLANCE FOR 19 RECTIFIERS

FFP

2001AB 1 Lot

OPTION ANNUAL SURVEILLANCE

FFP

Once per year in accordance with Performance-Based Work Statement

2001AC 2 Months

OPTION SEMI-ANNUAL SURVEILLANCE

FFP

OPTION ON-CALL SERVICE

FFP

In accordance with Performance Work Statement Option Year Two: FY 15

2002AA 1,000 Labor

OPTION INTERVENING REPAIR SERVICE

2002AB 100 Hours

OPTION EMERGENCY SERVICE CALLS

FFP

2002AC 1 Lot

OPTION COST OF REIMBERSED PARTS REPLACEMENT

FFP

The contractor will be reimbersed 100% for all replacement parts cost in accordance with Performance-Based Work Statement

OPTION PREVENTIVE MAINTENANCE

FFP

In accordance with Performance Work Statement Option Year Three: FY 16 Period of Performance: 25 Sep 2016 ~ 24Sep 2017

3001AA 12 Months

OPTION MONTHLY SURVEILLANCE FOR 19 RECTIFIERS

FFP

3001AB 1 Lot

OPTION ANNUAL SURVEILLANCE

FFP

Once per year in accordance with Performance-Based Work Statement

3001AC 2 Months

OPTION SEMI-ANNUAL SURVEILLANCE

FFP

OPTION ON CALL SERVICES

FFP

In accordance with Performance Work Statement Option Year Three: FY 15

3002AA 1,000 Labor

3002AB 100 Hours

OPTION EMERGENCY SERVICE CALLS

FFP

3002AC 1 Lot

OPTION COST OF REIMBERSED PARTS REPLACEMENT

FFP

The contractor will be reimbersed 100% for all replacement parts cost in accordance with Performance-Based Work Statement

OPTION PREVENTIVE MAINTENANCE

FFP

In accordance with Performance Work Statement Option Year Four: FY 17 Period of Performance: 25 Sep 2017 ~ 24 Sep 2018

4001AA 12 Months

OPTION MONTHLY SERVEILLANCE FOR 19 RECTIFIERS

FFP

4001AB 1 Lot

OPTION ANNUAL SURVEILLANCE

FFP

Once per year in accordance with Performance-Based Work Statement

4001AC 2 Lot

OPTION SEMI-ANNUAL INSPECTION

FFP

OPTION ON CALL SERVICES

FFP

In accordance with Performance Work Statement Option Year Four: FY 17

4002AA 1,000 Labor

4002AB 100 Hours

OPTION EMERGENCY SERVICE CALLS

FFP

4002AC 1 Lot

OPTION COST OF REIMBERSED PARTS REPLACEMENT

FFP

The contractor will be reimbersed 100% for all replacement parts cost in accordance with Performance-Based Work Statement

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 0001AC N/A N/A N/A Government 0002 N/A N/A N/A Government 0002AA N/A N/A N/A Government 0002AB N/A N/A N/A Government 0002AC N/A N/A N/A Government 1001 N/A N/A N/A Government 1001AA N/A N/A N/A Government 1001AB N/A N/A N/A Government 1001AC N/A N/A N/A Government 1002 N/A N/A N/A Government 1002AA N/A N/A N/A Government 1002AB N/A N/A N/A Government 1002AC N/A N/A N/A Government 2001 N/A N/A N/A Government 2001AA N/A N/A N/A Government 2001AB N/A N/A N/A Government 2001AC N/A N/A N/A Government 2002 N/A N/A N/A Government 2002AA N/A N/A N/A Government 2002AB N/A N/A N/A Government 2002AC N/A N/A N/A Government 3001 N/A N/A N/A Government 3001AA N/A N/A N/A Government 3001AB N/A N/A N/A Government 3001AC N/A N/A N/A Government 3002 N/A N/A N/A Government 3002AA N/A N/A N/A Government 3002AB N/A N/A N/A Government 3002AC N/A N/A N/A Government 4001 N/A N/A N/A Government 4001AA N/A N/A N/A Government 4001AB N/A N/A N/A Government 4001AC N/A N/A N/A Government 4002 N/A N/A N/A Government 4002AA N/A N/A N/A Government 4002AB N/A N/A N/A Government 4002AC N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 17-AUG-2013 TO

16-AUG-2014

N/A N/A

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0001AC N/A N/A N/A N/A

0002 POP 17-AUG-2013 TO

16-AUG-2014

0002AA N/A N/A N/A N/A

0002AB N/A N/A N/A N/A

0002AC N/A N/A N/A N/A

1001 POP 17-AUG-2014 TO

16-AUG-2015

1001AA N/A N/A N/A N/A

1001AB N/A N/A N/A N/A

1001AC N/A N/A N/A N/A

1002 POP 17-AUG-2015 TO

16-AUG-2016

1002AA N/A N/A N/A N/A

1002AB N/A N/A N/A N/A

1002AC N/A N/A N/A N/A

2001 POP 17-AUG-2015 TO

16-AUG-2016

2001AA N/A N/A N/A N/A

2001AB N/A N/A N/A N/A

2001AC N/A N/A N/A N/A

2002 POP 17-AUG-2015 TO

16-AUG-2016

2002AA N/A N/A N/A N/A

2002AB N/A N/A N/A N/A

2002AC N/A N/A N/A N/A

3001 POP 17-AUG-2016 TO

16-AUG-2017

3001AA N/A N/A N/A N/A

3001AB N/A N/A N/A N/A

3001AC N/A N/A N/A N/A

3002 POP 17-AUG-2016 TO

16-AUG-2017

3002AA N/A N/A N/A N/A

3002AB N/A N/A N/A N/A

3002AC N/A N/A N/A N/A

4001 POP 17-AUG-2017 TO

16-JUL-2018

4001AA N/A N/A N/A N/A

4001AB N/A N/A N/A N/A

4001AC N/A N/A N/A N/A

4002 POP 17-AUG-2017 TO

16-AUG-2018

4002AA N/A N/A N/A N/A

4002AB N/A N/A N/A N/A

4002AC N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items JUL 2013

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:

Technical Acceptability Price Past/Present Performance

Price is significantly more important than Past Performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO FAR 52.212-2, EVALUATION - - COMMERCIAL ITEMS (JAN 1999)

Basis for Award: This acquisition is being conducted under Simplified Acquisition Procedures Part, 13.5 Test Program for Certain Commercial Items and Acquisition of Commercial Items Part 12 of the Federal Acquisition Regulation (FAR). Offers will be evaluated using the factors identified FAR 52.212-2, Evaluation – Commercial items and this addendum. Non compliance with the RFP may be grounds to eliminate the proposal from consideration for contract award. Award will be made on the basis of lowest evaluated price of the proposal meeting the technical qualification and past performance standards. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this solicitation and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

Lowest Price Technically Acceptable

A. Technical Acceptability. Initially, the Government technical evaluation team will evaluate the technical proposals by assigning an Acceptable or Unacceptable rating (see Table 1 below). The proposals will be evaluated against the following subfactor:

Subfactor 1, Licenses:

Valid license(s) submitted for business in Country of Japan as required by the local Government, and any certificate and licenses which related to repiar and/or maintenance of tank farm (such as electronical work, welding, oxidization prevention, maintenance and repair foreman) if applicable. License must be current on the date of receipt of proposal(s), and maintained throughout the life of the contract.

Table 1, Technical Acceptability Ratings

Rating Description Acceptable Provided the Government with valid and current license(s) issued by the

Japanese government authorizing/permitting the contractor (and all applicable subcontractors) submitting the proposal to legally work in Okinawa, Japan.

Unacceptable Did not provide the Government with valid and current license(s) issued by the Japanese government authorizing/permitting the contractor (and all applicable subcontractors) submitting the proposal to legally work in

Okinawa, Japan.

Technical Evaluation Table

Offeror Name Acceptable Unacceptable Vendor 1

Vendor 2

Vendor 3

Note: In order to be considered for award, the offeror’s technical proposal must be rated as “Acceptable” in every subfactor. A technical proposal rated “Unacceptable” will not be considered for award.

B. Price. Lastly, the Government will rank all proposals rated acceptable in technical and past/present performance by price, to include all option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Price Schedule (Exhibits 1 thru 4) by the proposed unit price for proposed quantity for each Contract Line Item Number to confirm the extended amount for each. The price evaluation will document the reasonableness and completeness of the proposed total evaluated price. The Government reserves the right to perform price realism analysis.

(i) In order to be considered for award, the offeror’s technical and past/present performance proposal must be rated as “Acceptable.” Offers will be evaluated according to the price for each CLINs proposed, to include option prices. The following steps will be taken to evaluate price using the Price Evaluation Table below:

1. Initially, the Evaluation Table below will be populated in each CLINs, including all Options with each offeror’s total proposal price submitted.

2. Proposals will then be ranked by total price to determine which proposal represents the best value to the government.

(ii) Using the information obtained from the Price Evaluation Table, The table will be used to determine which proposal represent the lowest price representing the best value to the government.

C. Past/Present Performance. Next, the Government will seek recent and relevant performance information on all technically acceptable offerors based on (1) the references provided by the offeror (Attachment 2), (2) past/present performance information obtained from questionnaires (Attachment 3), and (3) data independently obtained from other Government or commercial sources.

(i) Recent performance information includes relevant contracts performed for the Department of Defense, or Government of Japan, or US Government agencies, or commercial customers within the last three (3) years from the issuance date of the solicitation.

(ii) Relevant performance includes performance of efforts involving preventive maintenance and repair of tank farm that are similar or greater in scope, magnitude, and complexity than the effort described in this solicitation.

The Government will use the relevancy definitions and ratings in Table 2 below when evaluating past/present performance:

Table 2. Past/Present Performance Relevancy Ratings

Rating Definition Rating Definition Very Relevant Past/Present performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation

Relevant Past/Present performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Past/Present performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Past/Present performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Unknown No Past/Present performance effort involved unknown for the scope and magnitude of effort and complexities this solicitation requires.

The purpose of the past/present performance evaluation is to assess the offeror’s ability to provide Preventive maintenance and repiar Tank Farm that meet the solicitation requirements based on the offeror’s demonstrated record of performance. The assessment process will result in an overall performance rating of Acceptable or Unacceptable as defined in Table 3 below. Offerors must receive a past/present performance rating of “Acceptable” to be eligible for award. For offerors in a Joint Venture or teaming arrangement, if at least one partner receives an “Acceptable” rating, the past/present performance of the Joint Venture or teaming arrangement will receive an "Acceptable" rating. The Past/Present Performance factor will receive one of the ratings in Table 3 below:

Table 3, Past/Present Performance Evaluation Ratings

Rating Description Acceptable Based on 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.

Unacceptable Based on 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 record of relevant past/present performance or for whom information on past/present performance is not available or so sparse that meaningful past/present 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 an unknown past/present performance.

In the context of acceptability/unacceptability, “Unknown” shall be considered as “Acceptable”, however, in evaluating past/present performance, the Government reserves the right to give greater considerations rating to information on those contracts deemed most relevant to the effort described in this solicitation.

The results of the evaluation will be entered into the Past/Present Performance Evaluation Table below.

Past/Present Performance Evaluation Table

Offeror Name Acceptable Unacceptable Vendor 1

Vendor 2

Vendor 3

D. The Government intends to award a single contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of Addendum) (End of provision)

Addendum to FAR 52.212-2 Evaluation – Commercial Items

Basis for Award: This acquisition is being conducted under Simplified Acquisition Procedures Part 13.5 Test Program for Certain Commercial Items (Memo dated JAN 15, 2013) and Acquisition of Commercial Items Part 12 of the Federal Acquisition Regulation (FAR). Offers will be evaluated using the factors identified FAR 52.212-2, Evaluation – Commercial items and this addendum. Non compliance with the RFP may be grounds to eliminate the proposal from consideration for contract award

A best value selection based on Price and Past Performance will be made as follows;

Past performance: Offerors are required to submit no more than five (5) of the most relevant contracts performed for Federal Agencies or commercial customers within the last three (3) years (Solicitation Attachment 3).

Government has right to obtain present and past performance information from any other sources available to the Government. Past Performance will be determined on an Acceptable/Unacceptable basis.

PRICE EVALUATION TABLE

Offeror(s)

CLIN Vendor 1 Vendor 2 Vendor 3

Total of Basic Year

Total of Option 1

Total of Option 2

Total of Option 3

Total of Option 4

GRAND TOTAL

Price: The Government will evaluate offers for award purposes by adding the total price of all CLINS for all options. Offerors will be evaluated for reasonableness. Price will always be an important factor; therefore, offerors should make diligent efforts to control costs and submit fairly priced quotes. The Government reserves the right to reject proposals that are unreasonably low or high in price.

Offerors must complete Solicitation Attachment 1 (Exhibit) in the solicitation for the basic period and all option periods. Failure to do so may be considered by the Government as non-responsive and cause for rejection of the entire offer.

Award may be made to other than the low offeror when, after evaluating past performance, the contracting officer determines it to be in the government's best interest.

The Government will calculate prices for a quantity equivalent to 6 months by prorating prices offered for CLIN 0001 0002 and divide by 2 to evaluate the price for 6 months, and all corresponding

CLINs under Options of FAR 52.217-9 and evaluate such prices for reasonableness.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG

2013) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

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

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

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

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

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

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

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ballot] is, [ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into 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: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action 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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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.)

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, Panamanian, 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, Panamanian, 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, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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 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.”

Other Foreign End Products:

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

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) ( ) 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 Federal, state or local government 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

(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ballot] Have, [ballot] have not, 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) 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.

(B) 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.