Attach_2_Applicable_Clauses_and_Provisions.doc

Attachment 2, Applicable Clauses and Provisions

Solicitation FA5613-14-R-0027

CLAUSES INCORPORATED BY REFERENCE

52.202-1

Definitions

NOV 2013

52.203-12 52.203-17 Limitation On Payments To Influence Certain Federal Transactions Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

OCT 2010

APR 2014

52.204-9 52.209-7 Personal Identity Verification of Contractor Personnel

Information Regarding Responsibility Matters

JAN 2011

JUL 2013

52.212-4 52.216-21 52.222-17

52.223-3

52.223-5 Alt. 1 Contract Terms and Conditions--Commercial Items Requirements

Nondisplacement of Qualified Workers Hazardous Material Identification and Material Safety Data

Pollution Prevention and Right-to-Know Information

SEP 2013

OCT 2010

MAY 2014

JAN 1997

MAY 2011

52.223-19 52.225-25 Compliance with Environmental Management Systems Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

MAY 2011

DEC 2012

52.229-6 52.232-18 Taxes--Foreign Fixed-Price Contracts

Availability of Funds

FEB 2013

APR 1984

52.232-37 52.232-39 Multiple Payment Arrangements

Unenforceability of Unauthorized Obligations

MAY 1999

JUN 2013

252.203-7002 252.203-7005 Requirement to Inform Employees of Whistleblower Rights Representation Relating to Compensation of Former DoD Officials

SEP 2013

NOV 2011

252.222-7002

252.223-7001 Compliance With Local Labor Laws (Overseas) Hazard Warning Labels

JUN 1997

DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Alt I Transportation of Supplies by Sea Alternate I MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(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 System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2014)

This addendum replaces the below referenced paragraphs of clause 52.212-1 Instructions to Offerors –Commercial Items (Apr 2014) as follows:

(b)(2) The time specified in the solicitation for receipt of offers

(i) Complete proposals must be received no later than the time allotted in paragraph (xv) of the combined synopsys/solicitation. Offerors may verify receipt of any mailed or delivered proposal with the contracting point of contacts listed.

(ii) Delivery Methods: FAX proposals WILL NOT be accepted. Proposals may be delivered via one of the following methods:

(A) Via Email* to: erich.fauss.de@us.af.mil and cameron.korth@us.af.mil

Emailed proposals must be received at the stated addressees’ email inboxes on time and the addressees must be able to open the email and all attachments. No other email receipt will be acceptable. It is the offerors’ responsibility to confirm the timely receipt of the proposals by the stated addressees. The time on the recipients email printout will be used to determine timliness of receipt.

(B) Via hand-delivery** to:

700 CONS/LGCA, Bldg 2767, Room 102, Kapaun Air Station, D-67661 Kaiserslautern

Note: Kapaun Air Station is an Air Force controlled installation. Delays at the gate will not be considered if offers are late.

An electronic copy of the entire proposal must be submitted either via email or on CD. The content and page size of electronic copies must be identical to the hard copies. For electronic copies, indicate on each CD or file, the title. Use separate files to permit rapid location of all portions, including sections, subfactors, and attachments, if any. Files types must be searchable, such as Microsoft Office Word, or searchable Portable Document Format (PDF). The offeror shall submit the electronic copy in electronic format, using re-writable CDs. If files are compressed, the necessary decompression program must be included.

* A hard copy offer may be mailed to follow the email. This assures an offer is submitted before the deadline via email rather than risk delays via ground mail. If the hard copy arrives after the deadline, the email offer shall take precedence during discrepancies.

** If submitted in hard copy, the offeror shall submit all volumes in electronic format, using re-writable CDs/DVDs. 1 copy of the electronic proposal shall be delivered concurrently with the hard copy. If files are compressed, the necessary decompression utility must be included. The electronic copies of the proposal shall be submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, MS-PowerPoint 2007, as applicable. Offerors are cautioned that the hard copy form of the offeror’s proposal shall take precedence if any inconsistencies or discrepancies exist between the offeror’s hard copy proposal and the documents submitted on electronic media.

Point of Contact

(i) Point of Contact (POC): Written questions concerning the solicitation may be sent to Erich Fauss, erich.fauss.de@us.af.mil, and Cameron Korth, cameron.korth@us.af.mil.

(ii) All questions must be submitted no later than 1400 hours CET, 10 workdays after issuance of RFP.

(b)(4) Technical Proposal: Technical capability will be determined based on the evaluation of the Experience and the Quality Control Plan and the evidence of contractor’s submittals. Contractor’s proposal shall show/demonstrate the following:

1. Past Experience: Experience must be Grounds Maintenance and may be commercial and/or governmental. Performance means work IAW requirements, laws and regulations with some minor problems and prompt correction. The minimum acceptable experience for this solicitation is proof of performance on contracts for a period of one (1) year within the past five (5) years from release of the RFP. Include the following information for each contract/subcontract referenced:

a.

Name of contracting activity or commercial customer;

b.

Contract/Reference Number;

c.

Complete description of the work performed;

d.

Performance Period;

e.

Quantities of square meters maintained f.

Contracting Officer or other Point of Contact to include current and correct telephone number, FAX number, and/or email address.

The contractor shall submit documentation showing at least one (1) cumulative year of performance within the past five (5) years performing Grounds Maintenance Services similar to those identified in the Performance Work Statement.

2. Quality Control Plan: The contractor shall provide a Quality Control Plan that ensures that services are performed in accordance with the Performance Work Statement. The contractor shall have and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the contractor shall have quality control procedures addressing the areas identified in the Performance Work Statement, Section 2, Services Summary.

(b)(6) Price and any discount terms: Offerors shall insert unit prices for each CLIN on each Air Force Common Output Level Standards (AFCOLS) in the schedule, base year through option year four. Any discount terms shall be stated. Offerors are cautioned to use unit prices as calculated in their formulas. The extended amount must equal the unit price multiplied by the CLIN quantity. Only euro currency offers shall be submitted.

(b)(9) Acknowledgment of Solicitation Amendments: If amendments are issued to the solicitation the contractor shall acknowledge receipt and return documentation, or as annotated on the continuation page(s) of said amendments.

(b)(10) Past Performance: Offerors shall reference up to a total of three recent (within the past three years from the issuance date of the solicitation for a minimum of one year per referenced contract) and relevant (similar in scope and magnitude) contracts to demonstrate a history of consistent satisfactory performance of recent and relevant contracts performed for federal agencies and/or commercial customers. Scope and magnitude is defined as service provided similar in scope and magnitude of this PWS. Satisfactory performance is defined as performance which met, or meets contractual requirements. The contractual performance may contain some minor problems for which corrective actions taken by the contractor were satisfactory.

Past Performance shall be provided by completing sections A and B of the Past Performance Questionnaire (PPQ), Attachment 4, one PPQ for each referenced contract. Offerors shall send the PPQs to the raters two weeks prior to the due date of offers for completion. PPQs are due at the close of the solicitation period, stated in paragraph (xv) of the Combined Synopsis/Solicitation: Cameron Korth, email cameron.korth@us.af.mil and Erich Fauss, email erich.fauss.de@us.af.mil. A listing of these references shall be submitted with the proposal.

Past performance references of a joint venture partner or key subcontractor being intended to perform the solicited service, or instances where the offeror performed as a key personnel or a key subcontractor will be accepted. If a joint venture partner or subcontractor is used the offeror shall identify the percentage of work to be accomplished by the joint venture partner or subcontractor. The Government may not evaluate any additionally received references.

(b)(11) Submittals: The offeror shall submit evidence of membership of Chamber of Commerce (Industrie- und Handelskammer) or Chamber of Trade (Handwerkskammer) or proof of being duly authorized to operate and do business in Germany.

The contractor’s on-site technical manager shall have a completed apprenticeship in horticulture. A certificate shall be submitted.

(b) (12) Proposal Organization: The offeror shall provide the following documents and certifications as submittals to be eligible for award, organized as follows:

*Past performance and Experience may be combined as long as the documentation demonstrate all elements of the experience and past performance described in the Addendum to FAR 52.212-1

(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.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(2)(i)(A) – Deleted.

(2)(i)(B). There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers for delivered hardcopy proposals.

If it was transmitted through an electronic commerce method authorized by the solicitation, it must be received in the stated addressees’ email inboxes not later than 14:00 hrs (2:00 PM) Central European Time (CET) on the proposal closing date and the addressees must be able to open the email and all attachments in a readable format (PDF, Microsoft (MS) Word 2007, MS Excel 2007, MS Power Point 2007, or later versions, as applicable). Offerors are cautioned to consider when submitting their proposal that (1) due to firewall issues some attachments may be stripped; and (2) some attachments are too big and may be blocked. It is the offeror’s responsibility to allow for sufficient time for the proposal to clear all of the Agency’s email servers. For the purpose of electronically transmitted proposal receipt, the proposal is determined to be “under the Government’s control” when it is in the addressee’s email inbox, no other Government point of entry, including all email servers, will be acceptable;

(h) Multiple awards: Deleted.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the Procuring Contract Officer (PCO).

The Evaluation Factors are:

(1) FACTOR 1 – Price

(2) FACTOR 2 – Technical:

Subfactor 1: Past Experience for Grounds Maintenance Services

Subfactor 2: Quality Control Plan (QCP)

(3) FACTOR 3 – Past Performance

1. Price Evaluation: Price will be evaluated for completeness and reasonableness IAW FAR 15.305(a)(1), 15.404-1 and pricing instructions at Addendum FAR52.212-1 (b)(6). All offers must include unit prices and extended amounts for all line items, all AFCOLS. Award will be made on an “All-or-None” basis. The proposed “unit price” will be used to validate extended amounts. Therefore, the evaluated price is the sum of the extended amounts as calculated (i.e., unit price multiplied by the quantity of the CLIN). The offer will be evaluated on the TOTAL amounts of all line items/CLINS contained in the Schedule. Failure to include all prices may exclude the offer from further consideration for award. For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, the prices proposed for the last option period (for 6 months) will be added to the evaluated Grand Total.

Only EURO currency offers will be accepted. The price will be evaluated for fair and reasonableness IAW FAR 15.404-1.

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.

(1) Obviously misplaced decimal points will be corrected;

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

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

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

(5) Rounding for the square meter (sqm) unit price shall be limited to 3 digits after the decimal. Unit price figures proposed within the CLIN schedule shall also be used for any modifications throughout each contract performance period, subject to any unforeseen changes in unit pricing.

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 calculated by resolution of the arithmetic discrepancies listed above will represent the total evaluated price. These correction procedures will not be used to resolve any ambiguity concerning which offer is low.

2.

Factor 2 – Technical. Offerors will be evaluated on written documentation provided in accordance with the addendum to FAR 52.212-1, Instructions to Offerors - Commercial. Technical acceptability is based on successfully meeting this requirement. The ratings applied to Technical Capability will be Acceptable or Unacceptable as follows:

Offerors must have an Acceptable rating in each technical evaluation subfactor, TECHNICAL SUBFACTOR 1 – Past Experience, TECHNICAL SUBFACTOR 2 – Quality Control Plan, to receive an overall Acceptable rating for FACTOR 2 – TECHNICAL.

(1) TECHNICAL SUBFACTOR 1 – Experience

a. Description: This subfactor will assess the offeror’s experience.

b. Measure of Merit: This subfactor is met when the offeror submits evidence of experience as described in the Addendum to FAR 52.212-1.

(2) TECHNICAL SUBFACTOR 2 – Quality Control Plan.

a. Description: This subfactor will assess the adequacy of the offeror’s Quality Control Plan.

b. Measure of Merit: This subfactor is met when the offeror submits a Quality Control Plan that meets the criteria described in the Addendum to FAR 52.212-1.

3.

Factor 3 – Past Performance. As outlined in FAR 52.212-1 Offeror must receive an Acceptable rating to receive an award. This rating is based upon past performance information indicating the referenced performance of Grounds Maintenance Services 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.”

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

a. Past Performance Questionnaires (PPQs)

b. Past Performance Information available from other sources such as, but not limited to, the Past Performance Information Retrieval System (PPIRS). CPAR ratings will take precedence over PPQ ratings.

(2) Merit of Measure: 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. Exceptional, Good, and Satisfactory performance as indicated on the PPQ will receive an Acceptable rating.

4.

Required Submittals.

All submitals must be received to be eligible for award. Offerors who fail to submit proof of membership of Chamber of Commerce or Chamber of Trade or proof of being duly authorized to operate and do business in Germany, and proof of apprenticeship in horticulture are not eligible for award.

5.

Award Process. The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating. The Government reserves the right to hold discussions at any point during the evaluation. The evaluation process is as follows:

(1) Technical: All proposals will be evaluated for Technical Acceptability. Proposals must be rated “Acceptable” for all technical subfactors in order to be determined technically “Acceptable”.

(2) Price: The Government will evaluate all proposals for price, ranking the offerors from lowest to highest total proposed price. A price fair and reasonableness determination will be made.

(3) Past Performance: The lowest priced, technically “Acceptable” offeror’s past performance will be evaluated. The Government reserves the right:

a. That if the lowest priced, technically “Acceptable” offeror’s past performance is determined be “Acceptable”, the evaluation process will stop and the award will be made to that offeror.

b. That if the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Unacceptable”, the Government will evaluate past performance of the next lowest priced, technically acceptable offeror. This process will continue, as needed, until an offeror is rated “Acceptable” for past performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, the prices proposed for the last option period (for 6 months) will be added to the evaluated Grand Total.

NOTE: Pricing for the option periods will be evaluated for use under Federal Acquisition Regulation clauses 52.217-8 and 52.217-9.

(End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2013) ALTERNATE I (OCT 2014) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Average Annual Number of Employees Gross Revenues ___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

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

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

____Black American.

____Hispanic American.

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

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

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

____Individual/concern, other than one of the preceding.

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

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

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

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

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

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

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

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

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

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

(2) Foreign End Products:

(List as necessary)

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

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

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

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

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

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

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

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

Other End Products

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

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

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

(…