Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

NC AMOUNT

Base Welcome Guide

FFP

Nonpersonal Services: The contractor shall create, print and publish base welcome guide in accordance with the Statement of Work (SOW). Period of performance is from 01 Jul 2009 to 31 May 2010.

FOB: Destination

PURCHASE REQUEST NUMBER: F1A0A19036A001

SIGNAL CODE: A

NC AMOUNT

Base Phone Book

Nonpersonal Services: The contractor shall create, print and publish base phone book in accordance with the Statement of Work (SOW). Period of performance is from 01 Jul 2009 to 31 May 2010.

FOB: Destination

NC AMOUNT

Base Map

Nonpersonal Services: The contractor shall create, print and publish base map in accordance with the Statement of Work (SOW). Period of performance is from 01 Jul 2009 to 31 May 2010.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAY-2010

11WG/DS - F1A0A1

202-404-1811

FOB: Destination

SEE STATEMENT OF WORK

F1A0A1

31-MAY-2010

(SAME AS PREVIOUS LOCATION)

F1A0A1

31-MAY-2010

(SAME AS PREVIOUS LOCATION)

F1A0A1

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

(b)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

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

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

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

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

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

(viii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

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

(x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-54, Employment Eligibility Verification (Jan 2009).

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

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

(End of clause)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (SEP 2008) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (FEB 2008) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(End of clause)

5352.201-9101 OMBUDSMAN (AUG 2005)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mrs. Diane Dade, 1535 Command Drive, Suite 202, Andrews AFB, Camp Spring MD, 20762 Phone # 301-981-7342. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

STATEMENT OF WORK

for publication of the

Bolling Air Force Base "Welcome Guide & Phonebook" and

Bolling Air Force Base "Base Map Brochure"

1.1. SCOPE OF WORK: This scope of work provides that the publisher produce a Bolling Air Force Base Welcome Guide and Phonebook, the Bolling Air Force Base map brochure, and two commercial publication products. The guide book and directory will provide Bolling AFB personnel with information about the mission of the 11th Wing command structure, base services available, local geography and history, and related information. The publisher shall use publication standards from Department of Defense (DOD) Instruction 5120-4 and AFI 35-301.

1.2. PUBLICATION CONTENT: The publisher shall use the base’s nickname, "The Chief’s Own” on both the guide book and the map brochure. The nickname, “The Chief’s Own” is owned by the government and may not be used by the publisher except as directed by the wing commander or the public affairs officer. The publisher further agrees not to contest ownership by the government of the foregoing name or to make any use directly or indirectly of that name.

1.2.1. Minimum Number of Pages: The publisher agrees to provide to Bolling AFB a guide and phonebook with at a minimum 30 (thirty) pages, which shall be devoted exclusively to the editorial text, photographs and artwork about the installation and command. These 30 pages of wing editorial content do not include information about the local area and Washington D.C., or pages used for advertising.

1.2.2. Masthead: The masthead may contain the names and editorial titles of military and civilian members assigned the duty of preparing the guide's content. If used, the names and titles shall be listed in a section of the masthead entitled, "11th Wing Editorial Staff." The editorial content pertaining to the guide shall be based on information prepared and submitted by the 11th Wing Public Affairs office at Bolling AFB, D.C. All other editorial materials, including information about the local area must be approved by the Public Affairs Officer (PAO). The masthead of the directory shall carry the following disclaimer in type no smaller than six point:

1.2.2.1. Published by [publisher’s name], a private firm in no way connected with the Air Force, under exclusive written contract with Bolling Air Force Base, D.C. This commercial enterprise directory is an unofficial, authorized publication for members of the U.S. military services. Contents of the Bolling AFB Welcome Guide and Phonebook are not necessarily the official view of, or endorsed by the U.S. government or the Department of the Air Force.

1.2.2.2. The appearance of advertising in this publication, including inserts or supplements does not constitute endorsement by the Department of the Air Force or [publisher’s name] of the products and services advertised.

1.2.2.3. Everything advertised in this publication shall be made available for purchase, use, or patronage without regard to race, color, religion, sex, national origin, age, marital status, physical handicap, political affiliation, or any other non-merit factor of the publisher, user or patron.

1.2.2.4. Editorial content is edited, prepared, and provided by the 11th Wing Public Affairs office. All photographs are Air Force photographs unless otherwise indicated.

1.3. PUBLIC AFFAIRS REQUIREMENTS: The publisher shall ensure that the public affairs office reviews and approves the following requirements:

1.3.1. Coordinate on all editorial materials, headlines, outlines, photographs, and line art for use in the directory. The public affairs officer will assume responsibility for the security and accuracy of content provided.

1.3.2. Coordinate first publication and distribution rights of the editorial content in the directory.

1.3.3. Coordinate design and layout of editorial content and advertising layout to enhance communication effectiveness of the directory.

1.3.4. Coordinate advertisements prior to publication to identify and contrary law, DOD or Air Force directives.

1.3.5. Coordinate final proofreading of all materials, checking for accuracy, and security of content.

1.3.6. Coordinate with 11th Wing Public Affairs office for all furnished editorial materials and photographs not later than 45 (forty-five) days prior to the projected publications date. It should be noted that copy submission delays may result in corresponding publication delays.

1.3.7. Coordinate with the 11th Wing Public Affairs officer approximately 4 (four) weeks before completion of the guide to oversee final production.

1.4 PUBLISHER REQUIREMENTS: The publisher shall:

1.4.1. Comply with the provisions of DODI 5120-4. AFI 35-301, and the requirements contained therein.

1.4.2. Use only editorial materials, photographs and artwork provided by the public affairs office.

1.4.3. Furnish the 11th Wing Public Affairs officer gallery proofs of all editorial copy to be used in the publication not later than 30 (thirty) calendar days before publication.

1.4.4. Responsible for the design of each page, subject to the public affairs officer's approval.

1.4.5. Solicit all advertising.

1.4.6. Specification requirements for the base guide and phonebook:

1.4.6.1 .The size of the publication shall be 10 ¾ inches long by 8 ¼ inches wide and shall be printed on 60 pound stock or better.

1.4.6.2. No less than 30 (thirty) pages and no more than 50 (fifty) pages will be devoted to editorial copy, photographs of the base and the local area to include advertising. Additional pages in both the base and community sections shall be provided in coordination with the PAO's request, if advertising sales support the increase. The PAO will furnish editorial materials and photographs to the publisher no later than 45 (forty-five) days prior to publication due date. It is understood that a delay in copy submission will delay publication the same number of days.

1.4.6.3. The pub1isher shall provide multiple color photographs throughout the editorial pages, if requested by the PAO.

1.4.6.4. The publisher shall provide the option of spot color special effects, color screens, and “fifth” color PMS inks in combinations with color paper stock, as requested by the PAO.

1.4.7. Specification requirements for the base map brochure:

1.4.7.1. The size of the map should be no smaller than 17-by-21 inches. The map should be folded to approximately 3 ¾-by-8 ½ inches. The cover page of the map shall have the name of the base on the front and no advertising shall be displayed on the front cover. The disclaimer will be displayed in a prominent location on the folded out map, such as near the map’s legend.

1.4.7.2. The map shall include a line drawing of the main base, family housing areas, industrial areas, a legend of key facilities to including phone numbers, and a small area for editorial text. A Metro map may be included.

1.4.7.3. The publisher shall provide at least four colors not including black on the maps. Colors choices will be made by the PAO from color swatches provided by the publisher.

1.4.7.4. Final approval of the map and layout shall be coordinated with the PAO prior to final printing. The publisher shall provide 10 (ten) advance copies of the completed map by priority mail to the PAO prior to final shipment of the maps.

1.4.7.5. The paper used for the maps shall be of high commercial qua1ity. The publisher shall provide samples to the PAO for final approval prior to publishing.

1.5. ADVERTISING:

1.5.1. The publisher shall not solicit advertisements in the name of the 11th Wing, Bolling AFB or the Department of the Air Force. Active duty military and civilian personnel are prohibited from soliciting, endorsing, or accepting payment for advertisements. Advertisements shall not include wording or phrases that may give the reader the impression that the Department of the Air Force endorses, guarantees, or sponsors any product or service.

1.5.2. The publisher shall not enter into an exclusive advertising agreement with any firm, broker or individual.

1.5.3. No commercial enterprise comic or feature supplements shall be distributed with this publication.

1.6. COST:

1.6.1. All proceeds for the sale of advertisements for the Bolling Air Force Base Welcome Guide and Phonebook and the Bolling AFB Map brochure belong to the publisher.

1.6.2. The publisher agrees to bear all costs and expenses of publishing the directory and maps. The Department of the Air Force or its representatives shall not be liable for any expenses or obligations incurred in publishing the base directory and maps.

1.7. DELIVERY AND DISTRIBUTION:

1.7.1. The publisher shall furnish the 11th Wing with 5,000 copies of the 2009 base guide and telephone directory to be delivered to Bolling AFB not later than 31 October 2009 or five months after the contract start date, whichever is later. The guides shall be delivered freight pre-paid to at least two (2) locations on Bolling AFB, D.C., including the 11th Wing Public Affairs Office and the Bolling AFB Visitors Center.

1.7.1.2. The publisher will also furnish an electronic version of the base guide on 1,000 compact disks with each “page” of the guide on disk readable using Adobe Acrobat Reader software. Each disk will include a printed or stamped label and a color artwork sleeve. The disks will be packaged in cellophane shrink wrap. Disks will be delivered to the 11th Wing Public Affairs office no later than 90 (ninety) days after delivery of the original base guide publication.

1.7.1.3. The publisher shall also furnish the wing with 3,000 copies of the base map brochure to be delivered by 31 October 2009 or five months after the contract start date, whichever is later at least two (2) locations on Bolling AFB, including the 11th Wing Public Affairs Office and the Bolling AFB Visitors Center.

1.7.2. The publisher shall not provide distribution outside of Bolling Air Force Base, D.C. The telephone directory and map may be given to advertisers whose advertisements are published in the documents. Responsibility of providing copies to advertiser's lies with the publisher.

2.0. APPENDIX. Attachment Schedule.

APPENDIX

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

Paragraph (e), Multiple offers, is hereby deleted from this solicitation.

Paragraph (h), Multiple awards, is hereby deleted from this solicitation.

Add paragraph (m), Preparation of Proposal.

1. This section specifies the format that offerors shall use in this Request for Quotation (RFQ). The intent is to ensure a certain degree of uniformity in the format of the response for evaluation purposes.

2. The offerors’s proposal, as a minnimum, shall consist of past performance information and a signed SF 1449. The offeror shall acknowledge all amendments and complete the necessary fill-ins and certifications in provisions 52.212-3 and return in their entirety with proposals.

3. The offeror’s proposal shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror’s proposal. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

4. Distribution. Proposals shall be mailed to the following address:

11 CONS/LGCO, Attn: Anthony Vaughn, 20 MacDill Blvd (Bldg 20), Bolling AFB, DC 20032, Phone: 202-404-8342.

5. EVALUATION FACTOR:

PAST PERFORMANCE INFORMATION –Submit original and one (1) copy.

A. Provide any information currently available (letters, metrics, customers survey, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type discipline in the past three years. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, etc.

B. Offeror shall provide the past performance survey at attachment 1 to their references for them to complete and mail or fax directly to the contracting office, attention Anthony Vaughn by the closing date of subject solicitation. The mailing address is listed on the SF 1449, Page 1, block 9 or the fax number is 202-767-7887.

C. The quality of Offeror’s past/present performance will be evaluated on the basis of information contained in the Offeror’s proposal, surveys and and information that the Government obtains through references and other means. The past/present performance evaluation will assess the offeror’s record of: providing high quality services in a timely manner; conforming to specifications and the standards of good workmanship; adhering to contract schedules; overall personnel quality, availability, and stability; commitment to and businesslike concern for the interests of the customer; and overall client satisfaction. The offeror’s proposal shall address performance in related functions of at least three (3), but no more than five (5), of the most relevant contracts performed for federal agencies, state, local governments and commercial customers within the last 3 years of current and past contracts from the solicitation closing date. In addition, the contractor will also be required to submit samples of their work to aid in the evaluation of present performance. Performance information will be used for both responsibility determinations and as an evaluation factor against which offeror’s rankings will be compared to assure best value to the Government. Offerors with no relevant past or present performance history shall receive the rating of “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

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. The Past Performance factor shall be used to evaluate offers:

Present/Past Performance

(i) Past Performance Factor Assesment: During evaluation, the Government will assign each proposal one of the following overall past performance confidence assessment ratings and the definitions:

E – EXCEPTIONAL/HIGH CONFIDENCE - Based on the offeror’s performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

V - VERY GOOD/ SIGNIFICANT CONFIDENCE - Based on the offeror’s performance record, little doubt exists that the offeror will successfully perform the required effort.

S – SATISFACTORY/CONFIDENCE - Based on the offeror’s performance record, some doubt exists that the offeror will successfully perform the required effort.

M – MARGINAL/LITTLE CONFIDENCE - Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully perform the required effort.

U – UNSATISFACTORY/NO CONFIDENCE - Based on the offeror’s performance record; extreme doubt exists that the offeror will successfully perform the required effort.

N – NEUTRAL/UNKNOWN CONFIDENCE - Unable to provide a score. No performance record identifiable (see FAR 15.305(a)(2)(iii) and (iv).

(ii) The Government will assign ratings through an integrated analysis of those risks and strengths the government identifies in the offeror’s recent, present and relevant contract performance. The government will place more weight and consideration on more relevant and recent past performance information. Essentially, the past performance assessment is the Government’s confidence, based on the offeror’s performance record, that the offeror will successfully perform the required effort in accordance with the contract and its proposal.

(iii) This factor identifies and reviews relevant present and past performance, and then makes an overall assessment of the Government’s confidence that the offeror will successfully perform the effort described in the RFP, based on the offeror’s demonstrated present and past performance. The offeror’s proposal shall address performance in related functions of at least three (3), but no more than five (5), of the most relevant contracts performed for federal agencies and commercial customers within the last 3 years of current and past contracts. Performance information will be used for both responsibility determinations and as an evaluation factor against which offeror’s rankings will be compared to assure best value to the Government.

(iv) In evaluating this factor, the Government will use the present and past performance information gathered from offeror provided references and independent references through the use of surveys and interviews. Furthermore, the Government reserves the right to use data independently obtained from other Governmental and commercial sources other customers who may have useful and relevant information.

(v) In evaluating past performance, the Government will focus on the relevancy, regency, and extent of the past performance, and the size and complexity of the offeror’s past performance relative to this solicitation’s requirements from agencies of the federal, state, or local governments and commercial customer. The Government will also consider the offeror’s past performance record with regard to quality, timeliness, and performance results.

(b) 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 (JUN 2008)

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.

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 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 (m) 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 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. The terms ``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 the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “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 or Moroccan 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 or Moroccan 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.

Other Foreign End Products:

[List as necessary]

(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:

(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:

(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 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.