FA822408R3011(2).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

F2DCCE8035A005

4. ORDER NUMBER

3. AWARD/EFFECTIVE DATE

2. CONTRACT NO.

6. SOLICITATION ISSUE DATE

5. SOLICITATION NUMBE R

FA8224-08-R-3011

b. co (801 ) 586 -5441 ext.

TELEPHONE NUMBER (No llect calls) 7. FOR SOLICITATION

INFORMATION CALL

a. NAME Clayton J. Archuleta

12. DISCOUNT TERMS

11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUS

Oth Than Full & Open

NAICS CODE: 511210

SIZE STD: $23.0

13a. THIS CONTRACT IS A RATE ORDER

D

UNDER DPAS (15 CFR 700)

13b. RATING

DO: A1 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, OO ALC PKE

OO-ALC/PKE None DESP

6038 ASPEN AVENUE BLDG 1289

HILL AIR FORCE BASE UT 84056-5805

BUYER: Clayton J. Archuleta clayton.archuleta@hill.af.mil Phone: (801) 586- 5441 Fax: (801) 777-4569 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/ FACILITY

OFFEROR CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

FA8224

EFT:T

SCD:C

19.

ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT 23.

UNIT PRICE

24.

AMOUNT

ROUTINE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 30 days.

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE NOT ATTACHED. ARE

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON SOLICITATION

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

X

X X

X

Total

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

8. OFFER DUE DATE/LOCAL TIME

10MAR2008 2:00PM

31c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

30c. DATE SIGNED

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

19.

ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES 21.

QUANTITY 22.

UNIT 23.

UNIT PRICE 24.

AMOUNT

(Attach Additional Sheets as Necessary)

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36. PAYMENT

COMPLETE PARTIAL FINAL

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

40. PAID BY

39. S/R VOUCHER NUMBER

38. S/R ACCOUNT NUMBER

STANDARD FORM 1449 (REV. 4/2002) BACK

COMPUTER GENERATED 2/28/2008, 4:15:35 PM

Request for Proposal FA8224-08-R-3011

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

Programming Services P/N: GA-INTA-LIN-MIP. Maintenance for INTEGRITYand ADA95 runtime product line development license for the

MIPS family processors Brand: Green Hills Software (No Substitutions)

*This is a sole source requirement*

AUTHORITY: 10 U.S.C. 2304 (C)(1), JUSTIFICATION: SUPPLIES REQUIRED ARE FROM ONLY ONE OR

A LIMITED NUMBER OF RESPONSIBLE SOURCE(S) AND NO OTHER TYPE OF SUPPLIES WILL

SATISFY AGENCY REQUIREMENTS.

THE PROPOSED CONTRACT ACTION IS FOR SUPPLIES AND SERVICES FOR WHICH THE

GOVERNMENT INTENDS TO SOLCIT AND NEGOTIATE WITH ONLY ONE, OR A LIMITED NUMBER OF

SOURCES UNDER THE AUTHORITY OF FAR 6.301-1. INTERESTED PERSONS MAY IDENTIFY THEIR

INTEREST AND CAPABILITY TO RESPOND TO THE REQUIREMENT OR SUBMIT PROPOSALS. THIS

NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. HOWEVER, ALL

PROPOSALS RECEIVED PRIOR TO THE CLOSING DATE ON THE SOLICITATION WILL BE

CONSIDERED BY THE GOVERNMENT. A DETEMINATION BY THE GOVERNMENT NOT TO COMPETE

THIS PROPOSED CONTRACT BASED UPON RESPONSES TO THIS NOTICE IS SOLEY WITHIN THE

DISCRETION OF THE GOVERNMENT. INFORMATION RECEIVED WILL NORMALY BE CONSIDERED

SOLEY FOR THE PURPOSE OF DETERNMING WHETHER TO CONDUCT A COMPETITIVE

PROCUREMENT. SPECIFICATIONS, PLANS, OR DRAWING RELATING TO THE PROCUREMENT

DESCRIBED ARE INCOMPLETE OR NOT AVAILABLE AND CANNOT BE FURNISHED BY THE

GOVERNMENT. THE GOVERNMENT DOES NOT OWN THE DATA OR RIGHTS TO THE DATA NEEDED

TO PURCHASE THIS ITEM FROM ADDITIONAL SOURCES.

Purchase Request(s) PR Line Item(s)

F2DCCE8035A005 0001

Place of Perf Quantity (U/I) *ARO Contract Specified Date Req No / Pri Required Period of Performance

A F2DCCE 1 EA

31 JAN 2009

Proposed

A F2DCCE 1 EA

P/N: G-CC-MIP-NO-UNS-PRM-S. Maintenance for C/C++ cross compilers.

Brand: Green Hills Software (No Substitutions)

*This is a sole source requirement*

AUTHORITY: 10 U.S.C. 2304 (C)(1), JUSTIFICATION: SUPPLIES REQUIRED ARE FROM ONLY ONE OR

A LIMITED NUMBER OF RESPONSIBLE SOURCE(S) AND NO OTHER TYPE OF SUPPLIES WILL

SATISFY AGENCY REQUIREMENTS.

THE PROPOSED CONTRACT ACTION IS FOR SUPPLIES AND SERVICES FOR WHICH THE

GOVERNMENT INTENDS TO SOLCIT AND NEGOTIATE WITH ONLY ONE, OR A LIMITED NUMBER OF

SOURCES UNDER THE AUTHORITY OF FAR 6.301-1. INTERESTED PERSONS MAY IDENTIFY THEIR

INTEREST AND CAPABILITY TO RESPOND TO THE REQUIREMENT OR SUBMIT PROPOSALS. THIS

NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. HOWEVER, ALL

PROPOSALS RECEIVED PRIOR TO THE CLOSING DATE ON THE SOLICITATION WILL BE

CONSIDERED BY THE GOVERNMENT. A DETEMINATION BY THE GOVERNMENT NOT TO COMPETE

THIS PROPOSED CONTRACT BASED UPON RESPONSES TO THIS NOTICE IS SOLEY WITHIN THE

DISCRETION OF THE GOVERNMENT. INFORMATION RECEIVED WILL NORMALY BE CONSIDERED

SOLEY FOR THE PURPOSE OF DETERNMING WHETHER TO CONDUCT A COMPETITIVE

PROCUREMENT. SPECIFICATIONS, PLANS, OR DRAWING RELATING TO THE PROCUREMENT

DESCRIBED ARE INCOMPLETE OR NOT AVAILABLE AND CANNOT BE FURNISHED BY THE

F2DCCE8035A005 0002

Place of Perf Quantity (U/I) *ARO Contract Specified Date Req No / Pri Required

6 EA

P/N: C10-MA-MIP-IR-INT-S. Maintenance for AdaMULTI and Ada compilers for MIPS. Includes INTEGRITY bundle servers for INTRGRITY and Green Hills probe. Includes support INTEGRITY. Permanent Solaris hosted, network floating licenses.

Brand: Green Hills

*This is a sole source requirement*

AUTHORITY: 10 U.S.C. 2304 (C)(1), JUSTIFICATION: SUPPLIES REQUIRED ARE FROM ONLY ONE OR

A LIMITED NUMBER OF RESPONSIBLE SOURCE(S) AND NO OTHER TYPE OF SUPPLIES WILL

SATISFY AGENCY REQUIREMENTS.

THE PROPOSED CONTRACT ACTION IS FOR SUPPLIES AND SERVICES FOR WHICH THE

GOVERNMENT INTENDS TO SOLCIT AND NEGOTIATE WITH ONLY ONE, OR A LIMITED NUMBER OF

SOURCES UNDER THE AUTHORITY OF FAR 6.301-1. INTERESTED PERSONS MAY IDENTIFY THEIR

INTEREST AND CAPABILITY TO RESPOND TO THE REQUIREMENT OR SUBMIT PROPOSALS. THIS

NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. HOWEVER, ALL

PROPOSALS RECEIVED PRIOR TO THE CLOSING DATE ON THE SOLICITATION WILL BE

CONSIDERED BY THE GOVERNMENT. A DETEMINATION BY THE GOVERNMENT NOT TO COMPETE

THIS PROPOSED CONTRACT BASED UPON RESPONSES TO THIS NOTICE IS SOLEY WITHIN THE

DISCRETION OF THE GOVERNMENT. INFORMATION RECEIVED WILL NORMALY BE CONSIDERED

SOLEY FOR THE PURPOSE OF DETERNMING WHETHER TO CONDUCT A COMPETITIVE

PROCUREMENT. SPECIFICATIONS, PLANS, OR DRAWING RELATING TO THE PROCUREMENT

DESCRIBED ARE INCOMPLETE OR NOT AVAILABLE AND CANNOT BE FURNISHED BY THE

F2DCCE8035A005 0003

Place of Perf Quantity (U/I) *ARO Contract Specified Date Req No / Pri Required

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A F2DCCE

309 SMXG

DENNIS HARWARD

6137 WARDLEIGH RD

BLDG 1515 RM 237

HILL AIR FORCE BASE UT 84056-5843

UNITED STATES

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2007)

(IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

__ __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

__ __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(4) 52.219-5 [Reserved] __ __ (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (5) (ii) Alternate I (Oct 1995) of 52.219-6.

__ __ (5) (iii) Alternate II (Mar 2004) of 52.219-6.

__ __ (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (6) (ii) Alternate I (Oct 1995) of 52.219-7 __ __ (6) (iii) Alternate II (Mar 2004) of 52.219-7 __ __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C.

637(d)(2) and (3)).

__ __ (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007)(15 U.S.C.

637(d)(4)).

__ __ (8) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (8) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

__ __ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (SEP 2005)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007- O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.)

__ __ (11) (ii) Alternate I (June 2003) of 52.219-23.

(In accordance with DDP Memo dated 9 Feb 2007, DAR Tracking Number 2007- O0002, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 10 March 2007 to 9 March 2008.)

__ __ (12) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

__ __ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007)(15 U.S.C. 632(a)(2)).

__ __ (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__ __ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug

2007)(E.O. 13126).

__ __ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ __ (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__ __ (20) 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).

__ __ (21) 52.222-36, Affirmative Action For Workers with Disabilities (June 1998)(29

U.S.C. 793).

__ __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__ __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ __ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ __ (24) (ii) Alternate I (Aug 2007) of 52.222-50.

__ __ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).

__ __ (25) (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

(27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

(27) (ii) Alternate I, (Dec 2007) of 52.223-16.

__ __ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

__ __ (29) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Aug

2007)(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L.

108-77, 108-78, 108-286, 109-53 and 109-169).

__ __ (29) (ii) Alternate I (Jan 2004) of 52.225-3.

__ __ (29) (iii) Alternate II (Jan 2004) of 52.225-3.

__ __ (30) 52.225-5, Trade Agreements (Nov 2007)(19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ __ (31) 52.225-13, Restriction on Certain Foreign Purchases (Feb 2006)(E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (34) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 522(f), 10 U.S.C. 2307(f)).

__ __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__ __ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31.U.S.C. 3332).

__ __ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332).

__ __ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

__ __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (40) (i) 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).

__ _ (40 (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

__ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

__ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ __ (5) 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.).

__ __ (6) 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.).

__ __ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C.

5112(p)(1)).

ADDENDUM TO CLAUSE 52.212-4

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007)

(IAW FAR 12.301(b)(3))

SOLICITATION PROVISIONS

REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(NOV 2007)

(IAW FAR 12.301(b)(2))

An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) 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) Extracted from any person under the age of 18 under the menace of 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

16. 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.

“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 its stock 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 the stock of which is owned by one or more women; and

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

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

http://orca.bpn.gov/

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service

(IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

[ ] TIN:_________________________________________

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or Local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other________________________________________

(5) Common parent.

[ ] Offeror is not owned or controlled by a common parent;

[ ] Name and TIN of common parent:

Name___________________________________________

TIN_____________________________________________

(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 Gross Number of Employees 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 or 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 a 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 a 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) 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; 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 parts 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 payment of reasonable compensation were made.

ADDENDUM TO PROVISION 52.212-1

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (NOV 2007)

(IAW FAR 12.301(b)(1))