1. RFP dated 11 May 2010.pdf

700TH CONTRACTING SQ

AM OPELKREISEL, ROB, GEB. 164

D-67663 KAISERSLAUTERN

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)

N/A

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5613-10-R-0002 11-May-2010

b. TELEPHONE NUMBER

0631-536-7159

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Jun 2010

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 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.

FA5613

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE F3NT07 16. ADMINISTERED BY

721 APS

BLDG 3333

D-66877 RAMSTEIN FLUGPLATZ

GERMANY

TEL: 479-4444 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PETER L. ATKINS

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

561612

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:

2 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

FA5613-10-R-0002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

Security Services

FFP

Non-personnal services for the provision of Security Services in accordance with the Performance Work statement (PWS). Security services are required 24 hours a day, 7 days a week, 365 calendar days per year. Period of performance is 01 Oct

2010 to 30 Sep 2011.

FOB: Destination

NSN: S206-00-000-0000

SIGNAL CODE: A

NET AMT

1001 12 Months

OPTION Security Services

FFP

Non-personnal services for the provision of Security Services in accordance with the Performance Work statement (PWS). Security services are required 24 hours a day, 7 days a week, 365 calendar days per year. Period of performance is 01 Oct

2011 to 30 Sep 2012.

FOB: Destination

2001 12 Months

OPTION Security Services

FFP

Non-personnal services for the provision of Security Services in accordance with the Performance Work statement (PWS). Security services are required 24 hours a day, 7 days a week, 365 calendar days per year. Period of performance is 01 Oct

2012 to 30 Sep 2013.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2010 TO

30-SEP-2011

N/A 721 APS

BLDG 3333

D-66877 RAMSTEIN FLUGPLATZ

GERMANY

479-4444

FOB: Destination

F3NT07

1001 POP 01-OCT-2011 TO

30-SEP-2012

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2012 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

SEP 2006

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009

52.223-10 Waste Reduction Program AUG 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003

52.232-18 Availability Of Funds APR 1984

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.253-1 Computer Generated Forms JAN 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

5352.223-9001 Health and Safety on Government Installations JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

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

The following areas in the above provision are replaced as follows:

(b) The contract specialist for all submissions and correspondence is shown below. Please reference all items with solicitation FA5613-10-R-0002.

Primary:

Peter Atkins

(011) 49 631 536 6919 peter.atkins@ramstein.af.mil mailto:peter.atkins@ramstein.af.mil

Secondary:

Corinna Jackson

(011) 49 631 536 8438 corinna.jackson@ramstein.af.mil

Mailing Address: 700 th

Contracting Squadron, AM OPELKREISEL, ROB, GEB 164, D-67663 Kaiserslautern.

Note - If they are mailed, they must state on the envelope that the contents are ―FOR OFFICIAL US

GOVERNMENT BUSINESS‖.

(b) (4) The offeror must show compliance with the requirements in the solicitation by submitting a written offer which includes the following:

Factor 1, Technical Capability. Technical capability will be based on the contractor’s ability to best meet the needs of the government and the terms and conditions of the Performance Work Statement (PWS).

(i) Sub Factor 1, Operations and Management (O & M) Plan: The offeror must prove that they have an understanding of, and ability to, accomplish all the PWS requirements. Offerors shall submit documentation demonstrating their ability as a company to perform Passenger Terminal Security and Baggage Screening Services in accordance with (IAW) the PWS to include personnel management and training. Offeror must explain in detail how each of the requirements in the PWS will be satisfied.

(ii) Sub Factor 2, Passenger Terminal Security and Baggage Screening Certification: Offerors shall submit documentation supporting the fact they are an authorized and an officially registered Passenger Terminal Security and Baggage Screening Service company by submitting their registration with the Chamber of Commerce

(Handelskammer) or proof of being duly authorized to operate and do business in Germany. Certification must be current on the date of submission and continue throughout contract performance.

(iii) Sub Factor 3, Quality Control Plan: Offerors shall submit a Quality Control Plan as described in PWS, paragraph 1.4, which shall at minimum address the Services Summary items.

(iv) Sub Factor 4, Phase-in Plan: The offeror shall submit a comprehensive transition plan that demonstrates a seamless transfer of responsibilities from the existing contractor in critical areas such as security and equipment training, base access processing (security passes) and hiring new employees. The newly selected contractor shall be responsible for coordinating the phase-in and phase-out with no noticeable effect on the quality or degradation of services to the 721 st Aerial Port Squadron mission. The offeror’s Phase-in Plan shall also demonstrate that they are capable of performing services on the required start date. The Plan shall demonstrate how the offeror will coordinate with 721st Aerial Port squadron, 700 Contracting Squadron and current contractor to accomplish a smooth transition without impact to the security services mission.

(v) Sub Factor 5, ISO 9001 certification: Certification must be current on the date of submission and continue throughout contract performance.

(b) (6) Factor 2, Price. Offerors shall insert a unit and extended price for each Contract Line Item Number

(CLIN). In addition, only US dollar or EURO currency offers will be accepted. Please refer to 52.212-2 for the current Foreign Currency Fluctuation Defense (FCFD) budget rate.

(b) (10) Factor 3, Past Performance. Offerors shall submit a minimum of three (3) past performance references of recent and relevant contracts. Recent is defined as contracts performed within the past 3 years from the issuance date of the solicitation. Relevant is defined as similar in scope and magnitude. Similar in scope means that the work must have been in the field of security guard/airport security services. Similar in magnitude means the work must have been for similar services and complexity as required in the PWS, paying special attention to the requirements mailto:corinna.jackson@ramstein.af.mil in paragraph 1.2. The Government reserves the right not to evaluate past performance information that is received after the due date. Each contract reference shall include:

(i) Name of commercial customer or contracting activity

(ii) Point of Contact (POC) name, valid/current phone number and email address

(iii) Contract title/Contract identification number

(iv) Location

(v) Annual Contract Value/Amount (indicate currency, Euro or U.S. Dollar)

(vi) Period of Performance

(vii)Description of work performed

Past Performance Questionnaire (PPQ). The offeror must ensure (pursue with due diligence) that a PPQ is sent to the POC identified on all the past performance references that are submitted. These PPQs will in turn be filled out by the POC and shall be sent directly to the contract specialist shown in paragraph (b) above not later than (NLT) the proposal due date. The Government reserves the right to review questionnaires received after the due date.

The PPQ shall be filled out by the person identified in the offeror’s past performance contract reference for active and completed prime contracts or subcontracts (Government and Commercial) performed by the offeror within the last three years from the date of solicitation.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Additional paragraphs:

(m) Format for proposal shall be as follows:

(1) Offers should be submitted in no smaller than 10 font size, single-spaced, on plain white paper.

(2) A page shall be 8 ½ x 11 (inches) or A-4 paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11 x 17 (inches) or A-3.

(3) Elaborate formats, binding or color presentations are neither required nor desired.

(4) The Operations & Management Plan and Phase-In Plan together must not exceed 5 pages.

(n) Electronic Offers: Offerors may submit electronic offers in response to this solicitation. All submissions shall arrive by the time specified in the solicitation to the email addresses shown in paragraph (b) above. Offerors may also call the contract specialist shown in paragraph (b) above to verify receipt of the offer. If the offeror chooses to email the offer, the Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer.

(o) The acquisition procedures to be used for this acquisition will be in accordance with FAR Part 13.5 entitled

Test Program for Certain Commercial Items.

(p) A site visit will be conducted at the 721 st Aerial Port Squadron, Bldg 3333, Ramstein Air Base, Germany at the date and time as specified in the FedBizOps solicitation announcement. All prospective offerors are urged to attend this site visit to become familiar with the air terminal layout, and view government furnished equipment. If you plan to attend, contact the contract specialist (shown in paragraph (b) above) immediately upon receipt of the solicitation in order to allow sufficient time for approval of base entry. The Government will conduct only one (1) site visit. Each offeror will be allowed to send up to three (3) representatives to the site visit.

(q) Prospective offerors are strongly encouraged to submit any questions regarding this solicitation not later than 5 calendar days after the site visit by email or fax to the contract specialist shown in paragraph (b) above. The

Government will respond to questions received within the requested timeframe via FedBizOps prior to the proposal due date. Questions received after the requested timeframe may or may not receive response prior to the proposal due date.

Note: Offerors are required to submit the Representations and Certifications for 52.212-3 and 252.212-7000 with all appropriate blocks filled-in and to complete 252.229-7001 – Tax Relief, and provide a document listing the name, title, and telephone number of those individuals authorized to make decisions on behalf of the company and can negotiate with the government.

(End of Addendum)

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.

Award will be made to the lowest price technically acceptable offeror with satisfactory past performance. The following shall be used to evaluate offers.

Award will be made to the offeror whose submission represents the best value to the Government using the Lowest

Price Technically Acceptable (LPTA), with satisfactory past performance process. The approach which will be used is as follows:

Step 1 – All submissions will be evaluated for technical acceptability.

Step 2 – All technically ―acceptable‖ and ―reasonably susceptible of being determined acceptable‖ submissions will be evaluated for price reasonableness, and ranked by total evaluated price.

Step 3 – The lowest priced, technically acceptable or reasonably susceptible of being determined acceptable offeror’s past performance, will then be evaluated. If the past performance is evaluated with ―Satisfactory‖, this offeror may receive the award. If the lowest priced offeror’s past performance is not ―Satisfactory‖, the next lowest priced offeror’s past performance will be evaluated. This methodology will be continued until an offeror is rated

―Satisfactory‖ in past performance, or until all technically acceptable or reasonably susceptible of being determined acceptable offerors are evaluated. If the lowest priced offer with satisfactory past performance is rated susceptible to being determined technically acceptable, the Government reserves the right to open discussions to make a determination. Award will be made to the technically acceptable offeror with the lowest price, and satisfactory past performance.

Factor 1, Technical Evaluation. The technical evaluation will be made on a pass/fail basis. Three ratings will be used to reflect the Government’s evaluation of each offeror’s ability, as demonstrated in its submission, to perform the requirements stated in the solicitation: Acceptable, Reasonably Susceptible of being made Acceptable, and

Unacceptable. Only those proposals determined ―Technically Acceptable‖ or ―Reasonably Susceptible of being determined Acceptable‖ will be considered for further evaluation. Offerors must have an ―Acceptable‖ rating in each technical evaluation subfactor to receive an overall ―Acceptable‖ rating, and to be eligible for award. The technical subfactors are:

Sub Factor 1 -- Operations and Management (O & M) Plan: The standard is met when the offeror provides evidence of the their ability to conduct 100% passenger screening inspections and perform constant surveillance of alarm room and access/surveillance systems to prevent unauthorized entry to designated areas/aircraft as required by the PWS. Offeror shall also demonstrate understanding of general terminal security functions to ensure overall protection and surveillance for personnel seeking entrance into the Ramstein Air Mobility Command’s Passenger

Terminal 24 hours/day, 7 days/week, 365 calendar days per year.

Sub Factor 2 -- Passenger Terminal Security and Baggage Screening Certification: The standard is met when the offeror submits a current copy of the certification which indicates that the offeror is authorized and officially registered as a passenger terminal security and baggage screening Service Company. This certification must be valid throughout contract performance.

Sub Factor 3 -- Quality Control Plan (QCP): The standard is met when the offeror’s QCP addresses each of the requirements as stated in the PWS, Section 1.4.

Sub Factor 4 -- Phase-in Plan: The standard is met when offeror submits a comprehensive plan demonstrating how they will coordinate with 721th Areal Port Squadron and current contractor to accomplish a smooth transition.

This plan shall cover (but is not limited to) critical transition aspects to include security and equipment training, base access processing (security passes) and hiring new employees. Training includes (but is not limited to) quality control, terminal entry procedures, explosive detection, ID checks/force protection measures, security systems, anti-hijacking inspection, terminal security, and customer service training. The comprehensive transition plan shall fully demonstrate a seamless transfer of responsibilities from the existing service provider in critical areas to the newly selected service provider. The new provider is ultimately responsible for coordinating the phase-in and phase-out with no noticeable effect on the quality or degradation of services to the 721 st Aerial Port Squadron mission. The offeror’s Phase-in Plan shall also demonstrate that they are capable of performing services on the required start date.

The Plan shall demonstrate how the offeror will coordinate with 721st Aerial Port squadron, 700 Contracting

Squadron and current contractor to accomplish a smooth transition without impact to the security services mission.

Sub Factor 5 -- ISO 9001:2001 Certification: The standard is met with submission of current ISO certification.

Certification must be valid throughout contract performance.

Factor 2, Price. For award purposes the offeror will be evaluated on the TOTAL EVALUATED PRICE for CLINs

0001, 1001, and 2001 as contained in the schedule. Total evaluated price may include revisions where calculation errors are found in a proposal. Only US dollar or EURO currency offers will be accepted IAW provision 5352.225-

9004. All offers that are received in US dollars with be converted into Euro currency by using the established

Foreign Currency Fluctuation Defense (FCFD) budget rate. The current rate for this solicitation is 0.6860 Euro per

US dollar. For example, if $10.00 is offered this will be multiplied times 0.6860 which will result in an equivalent offer of Euro 6.86.

Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the offeror.

(i) Obviously misplaced decimal points will be corrected;

(ii) Discrepancy between unit price and extended price, the unit price will govern;

(iii) Apparent errors in extension of unit prices will be corrected;

(iv) Apparent errors in extended prices per CLIN will be corrected.

Factor 3. Past Performance. The offeror shall consider the requirements contained in FAR Clauses 52.212-1 and

52.212-1 (Addendum) when submitting their past performance references. The purpose of the past performance evaluation is to assess the offeror’s ability to successfully accomplish the proposed effort based on the offeror’s demonstrated present and past work record. Past performance shall be evaluated for recency, relevancy and quality of services rendered. The offeror shall have a history of consistent satisfactory performance of recent and relevant contracts. The type of past performance should relate to experience in passenger terminal security services and baggage checking services.

Evaluation of past performance will be a critical assessment based on consideration of all relevant facts and circumstances.

―Recency‖ is defined as performance performed within the past three (3) years from the solicitation issue date. Past performance information that falls outside this 3-year window will not be considered.

―Relevant‖ is defined as services of similar magnitude of effort and complexities of those described in this solicitation as described in figure 1 below:

Figure 1 (Relevancy Rating)

Very Relevant Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

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

Not Relevant Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

The Government reserves the right to use other references obtained from other sources (questionnaires, CPARS data, customers known to the government, consumer protection organizations, and any other sources) that may have useful and/or relevant information.

One of the following ratings (See figure 2) will be assigned to the past performance factor when an offeror’s past performance has been evaluated:

Figure 2 (Past Performance Rating)

Satisfactory (Sat) Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.

Unsatisfactory

(Unsat)

Based on the offeror’s performance record, the government has little expectation that the offeror will be able to successfully perform the required effort.

Unknown (Un) No performance record is identifiable or the offeror’s performance record is so limited that no rating can be reasonably assigned.

Past Performance Questionnaire: The contracting officer will evaluate relevant performance information (PPQs) on the lowest priced offeror based on the references provided by the offeror and data independently obtained from other government and commercial sources. The assessment process will result in an overall performance rating of

Satisfactory, Unsatisfactory, or Unknown. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history shall receive the rating ―unknown‖, meaning the rating is treated neither favorably nor unfavorably. A ―Satisfactory‖ past performance rating may be considered more advantageous to the Government than an ―Unknown Past Performance‖ rating.

(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 options.

(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 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:

Line Item No. Country of Origin

(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.

(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

[List as necessary]

(4) 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)(4)(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:

Line Item No. Country of Origin

(List as necessary)

(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). The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(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) ( ) Have, ( ) 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…