FA5613-11-R-0012 RFP.doc

Section SF 1449 - CONTINUATION SHEET

Phase In

FFP

Phase In Period 1 Nov - 31 Dec 11

FOB: Destination

NSN: ACRW-11-TNG-SIMU

SIGNAL CODE: A

NET AMT

Aircrew Training Aviano, AB Italy

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Jan 12 - 30 Sep 12

FOB: Destination

NET AMT

Aircrew Training RAF Lakenheath, UK

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Jan 12 - 30 Sep 12

FOB: Destination

NET AMT

Aircrew Training Spangdahlem AB, GE

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Jan 12 - 30 Sep 12

FOB: Destination

NET AMT

Months

Aircrew Training Travel

COST

Aviano AB, Italy, RAF LAkenheath, UK, and Spangdahlem AB, GE All contractor travel shall be directed and approved by the supported agency and the designated Contracting Offifer Representative (COR). Approved TDY will be reimbursed to the contractor IAW FAR Part 31. Reimbursement for contractor travel shall be IAW Joint Travel Regulations (JTR) inclusive of G&A and exclusive of fee/profit, on a cost reimbursable basis, Government authorized travel, all travel receipts including the printed air fare receipt shall be supplied with the invoice and payment will be made on a cost reimbursable basis with invoice payment. See paragraph 1.10 and associate subparagraphs in attached Performance Work Statement (Attachment 1). Not to exceed $40,000.00 POP: 1 Jan 12 - 30 Sep 12

FOB: Destination

SIGNAL CODE: a

ESTIMATED COST

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 12 - 30 Sep 13

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 12 - 30 Sep 13

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 12 - 30 Sep 13

FOB: Destination

NET AMT

Months

COST

Aviano AB, Italy, RAF LAkenheath, UK, and Spangdahlem AB, GE All contractor travel shall be directed and approved by the supported agency and the designated Contracting Offifer Representative (COR). Approved TDY will be reimbursed to the contractor IAW FAR Part 31. Reimbursement for contractor travel shall be IAW Joint Travel Regulations (JTR) inclusive of G&A and exclusive of fee/profit, on a cost reimbursable basis, Government authorized travel, all travel receipts including the printed air fare receipt shall be supplied with the invoice and payment will be made on a cost reimbursable basis with invoice payment. See paragraph 1.10 and associate subparagraphs in attached Performance Work Statement (Attachment 1). Not to exceed $40,000.00 POP: 1 Oct 12 - 30 Sep 13

ESTIMATED COST

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 13 - 30 Sep 14

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 13 - 30 Sep 14

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 13 - 30 Sep 14

FOB: Destination

NET AMT

COST

Aviano AB, Italy, RAF LAkenheath, UK, and Spangdahlem AB, GE All contractor travel shall be directed and approved by the supported agency and the designated Contracting Offifer Representative (COR). Approved TDY will be reimbursed to the contractor IAW FAR Part 31. Reimbursement for contractor travel shall be IAW Joint Travel Regulations (JTR) inclusive of G&A and exclusive of fee/profit, on a cost reimbursable basis, Government authorized travel, all travel receipts including the printed air fare receipt shall be supplied with the invoice and payment will be made on a cost reimbursable basis with invoice payment. See paragraph 1.10 and associate subparagraphs in attached Performance Work Statement (Attachment 1). Not to exceed $40,000.00 POP: 1 Oct 13 - 30 Sep 14

ESTIMATED COST

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement Attachment 1). When CLIN 3005 is exercised, CLIN 3001 will be deleted. POP: 1 Oct 14 - 30 Sep 15

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 14 - 30 Sep 15

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 14 - 30 Sep 15

FOB: Destination

NET AMT

COST

Aviano AB, Italy, RAF LAkenheath, UK, and Spangdahlem AB, GE All contractor travel shall be directed and approved by the supported agency and the designated Contracting Offifer Representative (COR). Approved TDY will be reimbursed to the contractor IAW FAR Part 31. Reimbursement for contractor travel shall be IAW Joint Travel Regulations (JTR) inclusive of G&A and exclusive of fee/profit, on a cost reimbursable basis, Government authorized travel, all travel receipts including the printed air fare receipt shall be supplied with the invoice and payment will be made on a cost reimbursable basis with invoice payment. See paragraph 1.10 and associate subparagraphs in attached Performance Work Statement (Attachment 1). Not to exceed $40,000.00 POP: 1 Oct 14 - 30 Sep 15

ESTIMATED COST

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement, para.1.2.2.1.1. When CLIN 3005 is exercised, CLIN 3001 will be deleted. (Attachment 1). POP: 1 Oct 14 - 30 Sep 15

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). When CLIN 4005 is exercised, CLIN 4001 will be deleted. POP: 1 Oct 15 - 30 Sep 16

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 15 - 30 Sep 16

FOB: Destination

NET AMT

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement (Attachment 1). POP: 1 Oct 15 - 30 Sep 16

FOB: Destination

NET AMT

COST

Aviano AB, Italy, RAF LAkenheath, UK, and Spangdahlem AB, GE All contractor travel shall be directed and approved by the supported agency and the designated Contracting Offifer Representative (COR). Approved TDY will be reimbursed to the contractor IAW FAR Part 31. Reimbursement for contractor travel shall be IAW Joint Travel Regulations (JTR) inclusive of G&A and exclusive of fee/profit, on a cost reimbursable basis, Government authorized travel, all travel receipts including the printed air fare receipt shall be supplied with the invoice and payment will be made on a cost reimbursable basis with invoice payment. See paragraph 1.10 and associate subparagraphs in attached Performance Work Statement (Attachment 1). Not to exceed $40,000.00 POP: 1 Oct 15 - 30 Sep 16

ESTIMATED COST

FFP

The contractor shall provide all personnel, labor, material and services to provide Aircrew Training-Live, Virtual and Constructive (LVC); Academic and Simulator (ATLAS) IAW attached Performance Work Statement, para. 1.2.2.1.1. When CLIN 4005 is exercised, CLIN 4001 will be deleted. (Attachment 1). POP: 1 Oct 15 - 30 Sep 16

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-DEC-2011

MICHAEL ROMERO

A3

UNIT 3050 BOX 15 BLDG 201 ROOM A116

RAMSTEIN-FLUGPLATZ

RAMSTEIN-MIESENBACH D-66877

480-7190

F3NF34

30-SEP-2012

F3NF34

30-SEP-2012

F3NF34

30-SEP-2012

F3NF34

30-SEP-2012

F3NF34

30-SEP-2013

F3NF34

30-SEP-2013

F3NF34

30-SEP-2013

F3NF34

30-SEP-2013

F3NF34

30-SEP-2014

F3NF34

30-SEP-2014

F3NF34

30-SEP-2014

F3NF34

30-SEP-2014

F3NF34

30-SEP-2015

F3NF34

30-SEP-2015

F3NF34

30-SEP-2015

F3NF34

30-SEP-2015

F3NF34

30-SEP-2015

F3NF34

30-SEP-2016

F3NF34

30-SEP-2016

F3NF34

30-SEP-2016

F3NF34

30-SEP-2016

F3NF34

30-SEP-2016

F3NF34

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

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

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

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

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

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

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

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

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

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

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

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

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

(a) The Government intends to 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 acceptable past performance whose offer conforms to the solicitation. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO.

The following factors shall be used to evaluate offers:

(1) Price. All offeror’s proposed price will be determined by multiplying the quantities identified in the SF 1449 Continuation Sheet by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount. Prices for CLINS whose price or value has been set by the Government will not be included in the offeror’s total evaluated price. Unrealistically high, low or unbalanced prices may serve as a basis for rejection of the proposal. The price evaluation will document the reasonableness and completeness of the total evaluated price.

(i) 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.

(A) Obviously misplaced decimal points will be corrected;

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

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

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

(ii) For the purpose of offer evaluation, the Government will proceed on the assumption that the offeror intends his/her offer to be evaluated on the basis of the unit price. The totals arrived at by resolution of arithmetic discrepancies listed above will be so reflected on the abstract of offers.

These correction procedures shall not be used to resolve any ambiguity concerning which offer is low.

(2) Technical. The technical criteria below will be used to evaluate proposals for accuracy and completeness. The ratings applied to Technical Capability will be Acceptable or Unacceptable. Offerors must have an Acceptable rating on Factor 1, Program Management Plan; included in FAR provision 52.212-1, Addendum, Instructions to Offerors to receive an overall “Acceptable” rating.

Criteria is met with submission of a detailed Program Management Plan that adequately addresses the requirement as described in FAR provision 52.212-1, ADDENDUM, Instructions to Offerors, for successful performance.

(3) Past Performance. Past Performance will be evaluated based on subjective assessment of how well the offeror performed on past recent and relevant work. Offeror must receive an Acceptable rating to receive an award. This rating is based upon offeror-provided information indicating performance of air crew training as follows:

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

The standard for an Acceptable past performance rating is met when the information submitted by the offeror and/or the information found by the government is evaluated as indicating successful performance history.

(i) The Past Performance information may be obtained from the following sources:

(A) Reference List

(B) Past Performance Questionnaires (PPQ): The Government may provide PPQ to those references identified on Attachment 3 of this solicitation. (See page 52.212-2 Evaluation - Commercial

Items (JAN 1999), paragraph 5.5)

(C) Past Performance Information available from other sources such as Past Performance Information Retrieval System (PPIRS).

(4) Award Process: The Government intends to award to the lowest priced, technically acceptable offeror with an Acceptable past performance rating. The evaluation process is as follows:

(i) Price. The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price. At the same time Past Performance information may be sought.

(ii) Technical. The lowest priced proposal determined to be fair and reasonable will then be evaluated for Technical Acceptability. Proposals must be rated “Acceptable” for technical factor in order to be determined technically “Acceptable.”

a. If the lowest priced offeror’s technical proposal is “Unacceptable”, the next low offeror’s technical proposal will be evaluated, continuing until an “Acceptable” proposal is identified. If the lowest price proposal does not receive an “Acceptable” technical rating with acceptable performance, the Government reserves the right to hold discussions at anytime during evaluations.

(iii) Past Performance. If the lowest priced, technically acceptable offeror’s past performance is determined to be “Acceptable,” the evaluation process may stop and the award may be made to that offeror. If the lowest priced, technically acceptable offeror’s past performance is determined to be “Unacceptable,” the Government will evaluate the technical proposal of the next lowest offeror. This process will continue, as needed, until an offeror is rated “Acceptable” for Past Performance. The Government reserves the right to evaluate past performance only on offerors determined technically acceptable.

(5) The Government may consider to review individual past performance of joint venture partners. In order to facilitate the past performance assessment process a Subcontractor Consent form, Attachment 4, shall be completed to allow the Government to discuss past and present performance information with the prime contractor during the selection process.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

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

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It * is, * is not a WOSB concern eligible under the WOSB Program, has 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 * is, * 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern 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 * is, * is not an EDWOSB 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 * is, * is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns 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 CCR 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.