FA851711R31086.pdf

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

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

FD20601131086

5. SOLICITATION NUMBER

FA8517-11-R-31086

6. SOLICITATION ISSUE DATE

11 MAR 2011

b. TELEPHONE NUMBER (No collect calls)

(478 ) 327 -7194 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME

Pamela Bowen

8. OFFER DUE DATE/LOCAL

TIME

31MAR2011 3:30PM

12. DISCOUNT TERMS11. 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: 334515

SIZE STD: 500

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

DO: C9 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

638 SCMG PKAC, ATSG

460 RICHARD RAY BLVD STE 200

CML PHN 478 222 3746

ROBINS AFB GA 31098-1813

BUYER: Pamela Bowen/638 SCMG Pamela.M.Bowen@robins.af.mil Phone: (478) 327- 7194 Fax: (000) 000-0000 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

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.

FA8517

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

SEE LINE ITEM SCHEDULE

(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 ARE NOT ATTACHED.

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

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.

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:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

X

X

X

X X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

EFT:T

Total

STANDARD FORM 1449 (REV. 4/2002) BACK

COMPUTER GENERATED 3/10/2011, 10:22 AM

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 NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

Request for Proposal FA8517-11-R-31086

SUPPLIES OR SERVICES AND PRICES/COSTS

This RFP will result in a requirements-type contract as defined in FAR 16.5. The mechanics of this contract-type will involve the issuance of separate delivery orders specifying the Contract Line Item Number(s)(CLINs) in the applicable contract period. The Government may issue one or more delivery orders in any given contract period. Each delivery order will identify but is not limited to the CLIN, quantity, contract unit price, and ship to address. The quantities identified in the Schedule represent the Government's Best Estimated Quantities (BEQs) and do not represent a minimum or maximum quantity. Failure of the Government to order the BEQ quantity will not entitle the contractor to an equitable adjustment in price under the contract. The resulting contract will be three one year ordering periods as defined below.

CLIN CONTRACT PERIOD TIMEFRAME

0002-0003 ORDERING PERIOD ONE FROM THE EFFECTIVE DATE OF

AWARD - 12 MONTHS

0004 ORDERING PERIOD TWO 12 MONTHS AFTER

ORDERING PERIOD ONE

0005 ORDERING PERIOD THREE 12 MONTHS AFTER

ORDERING PERIOD TWO

REQUIREMENTS COTNRACT

Item No.

REQUIREMENTS CONTRACT

Pseudo Code: 0006, This is to establish a Requirements Contract Purchase Request(s) PR Line Item(s)

FD20601131086 0005

ORDERING PERIOD ONE

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

23 EA

CLIN ACRN ACRN Total

0002 NA

NSN: 6625-01-566-9096 RH

Digital Data Analyzer Manufacturer Part Number

1QLU8 FB8000-USAF-P1

ORDERING PERIOD ONE

Limitations of Liability: Other Than High Value Item

Preliminary Inspection:

Final Inspection: Origin Acceptance: Origin Quality Assurance: Commercial Item Inspection Applicability: None ;

Trade Agreement Act

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ TBC ORIGIN

Class I ODS Substance Application/Use Quantity

NONE

Type / Ship To PACRN Mark For

+ TBC PAA TO BE CITED ON INDIVIDUAL ORDER

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

Required Delivery

+ TBC 23 EA *120 Calendar Days TBC

Proposed Delivery

+ TBC 23 EA

Technical Manual Contract Requirements

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced

Technical Manual Contract Requirements

IAW DD 1423

Type / Ship To Quantity (U/I) *ARO IAW DD

_ Req No / Pri

Required Delivery

+ IAW1423 1 LO

Proposed Delivery

+ IAW1423 1 LO

ORDERING PERIOD TWO

Item No.

Firm Fixed Price

ORDERING PERIOD TWO

Best Estimated Qty

U/I Unit Price Amount

15 EA

CLIN ACRN ACRN Total

0004 NA

NSN: 6625-01-566-9096 RH

Digital Data Analyzer Manufacturer Part Number

1QLU8 FB8000-USAF-P1

Limitations of Liability: Other Than High Value Item

Preliminary Inspection:

Final Inspection: Origin Acceptance: Origin Quality Assurance: Commercial Item Inspection Applicability: None ;

Trade Agreement Act

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ TBC ORIGIN

Class I ODS Substance Application/Use Quantity

NONE

Type / Ship To PACRN Mark For

+ TBC PAA TO BE CITED ON INDIVIDUAL ORDER

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

Required Delivery

+ TBC 23 EA *120 Calendar Days TBC

Proposed Delivery

+ TBC 23 EA

ORDERING PERIOD THREE

Item No.

Firm Fixed Price Best Estimated Qty

U/I Unit Price Amount

15 EA

CLIN ACRN ACRN Total

0005 NA

NSN: 6625-01-566-9096 RH

Digital Data Analyzer Manufacturer Part Number

1QLU8 FB8000-USAF-P1

ORDERING PERIOD THREE

Limitations of Liability: Other Than High Value Item

Preliminary Inspection:

Final Inspection: Origin Acceptance: Origin Quality Assurance: Commercial Item Inspection Applicability: None ;

Trade Agreement Act

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

+ TBC ORIGIN

Class I ODS Substance Application/Use Quantity

NONE

Type / Ship To PACRN Mark For

+ TBC PAA TO BE CITED ON INDIVIDUAL ORDER

Type / Ship To Quantity (U/I) *ARO Each

Individual Order _ Req No / Pri

Required Delivery

+ TBC 23 EA *120 Calendar Days TBC

Proposed Delivery

+ TBC 23 EA

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + IAW1423

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

AWARD NUMBER:

TYPE/CODE: + TBC

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 (OCT 2010)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ __ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(3) 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.] __X __ (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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

_______ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

______ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_______ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-15).

__ __ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

__ __ (7) 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).

(8) [Reserved] __ __ (9) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (9) (ii) Alternate I (Oct 1995) of 52.219-6.

__ __ (9) (iii) Alternate II (Mar 2004) of 52.219-6.

__ __ (10) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

__ __ (10) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (10) (iii) Alternate II (Mar 2004) of 52.219-7.

__X __ (11) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C.

637(d)(2) and (3)). (Use in accordance with DDP Memo dated 19 Nov 2009, DARS Tracking Number 2009-O0009, Class Deviation to the FAR—Small Disadvantaged Business Certification for Subcontractors.)

__X __ (12) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2010)(15 U.S.C.

637(d)(4)).

__ __ (12) (ii) Alternate I (Oct 2001) of 52.219-9.

__X __ (12) (iii) Alternate II (Oct 2001) of 52.219-9.

_____ (12) (iv) Alternate III (Jul 2010) of 52.219-9.

__ (13) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

__X __ (14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

__ __ (15) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008)(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 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 13 March 2010.)

__ __ (15) (ii) Alternate I (June 2003) of 52.219-23. (In accordance with DDP Memo dated 11 Feb 2009, DAR Tracking Number 2009-O0003, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, this clause is suspended in DoD. Applies to all solicitations issued from 13 March 2009 to 12 March 2010.)

__ __ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L.

103-355, section 7102, and 10 U.S.C. 2323). (Use in accordance with DDP Memo dated 19 Nov 2009, DARS Tracking Number 2009-O0009, Class Deviation to the FAR—Small Disadvantaged Business Certification for Subcontractors.)

__ __ (17) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ __ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

__X __ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ __ (20) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__X __ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul

2010)(E.O. 13126).

__X __ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X __ (23) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__X __ (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__X __ (25) 52.222-36, Affirmative Action For Workers with Disabilities (Oct 2010)(29 U.S.C.

793).

__X __ (26) 52.222-37, Employment Reports on Veterans (Sep 2010)(38 U.S.C. 4212).

__ __ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (28) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ __ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C. 8259b).

__ __ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ _ (30) (ii) Alternate I, (Dec 2007) of 52.223-16.

______ (31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep

2010)(E.O. 13513) __ __ (32) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

__ __ (33) (i) 52.225-3, Buy American Act--Free Trade Agreement--Israeli Trade Act (Jun

2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ _ (33) (ii) Alternate I (Jan 2004) of 52.225-3.

__ _ (33) (iii) Alternate II (Jan 2004) of 52.225-3.

__ __ (34) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__X __ (35) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (38) 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)).

__ __ (39) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

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

__X __ (40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)(31.U.S.C. 3332).

__ __ (41) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999)(31.U.S.C. 3332).

__ __ (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ __ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (44) (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).

__ _ (44) (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) (Sep 2009)(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 (Sep 2009) (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 (Feb 2009)(41 U.S.C. 351 et seq.).

__ __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

__ __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this 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 and 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 type and 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.

(e)(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) 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 (Apr 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 20106) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) [Reserved]

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104 (g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.

(xiv) 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.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (NOV 2010)

(IAW DFARS 212.301(f)(iii))

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement provision of law applicable to acquisitions of commercial items or components.

__X __ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207)

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

__X __ (1) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

__X __ (2) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

__ __ (3) 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C.

637). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7003 dated Feb 2009)

__ __ (4) 252.219-7004 Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C.

637 note). (DAR Tracking # 2008-O0008 specifies use of class deviation 252.219-7004 dated Feb 2009)

__ __ (5) 252.225-7001 Buy American Act and Balance of Payment Program (JAN 2009) (41 U.S.C.

10a-10d, E.O. 10582). (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7001 dated Jul 2009)

__ __ (6) 252.225-7008 Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C.2533b).

__ __ (7) 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL

2009) (10 U.S.C. 2533b).

__X __ (8) 252.225-7012 Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

__ __ (9) 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

__ __ (10) 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2006) (Section

8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

__X __ (11)(i) 252.225-7021 Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).( DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7021 dated Jul 2009)

__ __ (11)(ii) 252.225-7021 Alternate I (SEP 2008).

__ __ (12) 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22

U.S.C. 2779).

__ __ (13) 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22

U.S.C. 2755).

__ _ (14)(i) 252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program

(JUL 2009) (41 U.S.C. 10a – 10d and 19 U.S.C. 3301 note). (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7036 dated Jul 2009)

__ __ (14)(ii) 252.225-7036 Alternate I (JUL 2009) of 252.225-7036. (DAR Tracking # 2009-O0007 specifies use of class deviation 252.225-7036 ALT I dated Jul 2009)

__ _ (15) 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

__X __ (16) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

__ __ (17) 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

__ __ (18) 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C.

2321).

_ X __ (19) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR

2008) (10 U.S.C. 2227).

_ __ (20) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006)

(Section 1092 of Pub. L. 108-375) __X __ (21) 252.243-7002 Requests For Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

________ (22) 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

__X __ (23)(i) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

__ __ (23)(ii) 252.247-7023 Alternate I (MAR 2000) of 252.247-7023.

__ __ (23)(iii) 252.247-7023 Alternate II (MAR 2000) of 252.247-7023.

__ __ (23)(iv) 252.247-7023 Alternate III (MAY 2002) of 252.247-7023.

__ __ (24) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C.

2631).

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

(1) 252.237-7019 Training for Contractor Personnel Interacting With Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375)

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(3) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

ADDENDUM TO CLAUSE 52.212-4

5352.201-9101 OMBUDSMAN (APR 2010)

(IAW AFFARS 5301.9103)

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or AFISRA ombudsmen, Kathy B. Cames at 478 222 -1088 , FAX 478 222 -1855 , email Kathy.Cames@robins.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA 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.

(Applicable to all solicitations and contracts)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(JAN 2009)

(IAW DFARS 203.970)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2010)

(IAW FAR 4.1403(a))

252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010)

(IAW DFARS 204.7304)

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS

(DEVIATION) (OCT 2010)

(IAW FAR 9.104-7(c), DARS Tracking Number 2011-O0001)

(a). (1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

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

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

(3) Public access to information in FAPIIS.

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

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

(Applicable when the contract is expected to exceed $500,000 and the offeror certifies to have contracts and grants valued greater than $10,000,000)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE

ITEM.

(Applicable when the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract)

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

(IAW DFARS 211.274-6(a), DFARS 212.301(f)(vi))

(a) Definitions. As used in this clause—

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.

(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:

Contract Line, Subline, or Exhibit Line Item Number

Item Description

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (See Schedule as Applicable).

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html .

(Applicable when delivery of one or more “items” as defined at 252.211-7003(c) is required)

THE CURRENT VERSION OF MIL-STD-130, DATED 17 DECEMBER 2007, IS "N".

(JUL 2008)

THE CURRENT VERSION OF MIL-STD-130, DATED 17 DECEMBER 2007, IS "N".

ELECTRONIC RESPONSES ARE AUTHORIZED (MAR 2003)

(IAW FAR 13.003(f)) In accordance with FAR 13.003(f); 14.202-8 or 15.203(c), electronic commerce method to receive proposals, modifications, and revisions is permitted and preferred. Buyer and Contracting Officer's email addresses for submissions are listed on the front page of this document.

52.216-18 ORDERING (OCT 1995)

(IAW FAR 16.506(a))

(a) Such orders may be issued from date of award through 36 months.

(Applicable to all orders issued hereunder)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(IAW FAR 16.506(b))

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than N/A, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of quantity of 23;

(2) Any order for a combination of items in excess of N/A; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

(IAW FAR 16.506(d)(1))

(f) the Contractor shall not be required to make any deliveries under this contract after completion of all delivery orders issued against the contract

(Applicable to all orders issued hereunder)

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(19):

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________.

[Contractor to sign and date and insert authorized signer's name and title].

52.222-99 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (JUN 2010)

(IAW DARS Tracking # 2010-O0013)

(Applicable to solicitations and resultant contracts over the simplified acquisition threshold, not performed exclusively outside the U.S., and not covered by an exemption granted by the Secretary of Labor)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(IAW FAR 23.804(a))

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j(b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

WARNING

Contains (or manufactured with, if applicable) ________________________*, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

*The Contractor shall insert the name of the substance(s).

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010)

(IAW FAR 23.1105)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs)

(APR 2003)

(IAW AFFARS 5323.804(c))

(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s).

[List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.]

Item No Class I ODS Application or Use Quantity (lbs) per contract period performance

SEE LINE ITEM SCHEDULE

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)

(IAW DFARS 225.1101(3))

(Applicable if one of the following clauses are included: DFARS 252.225-7001, 252.225-7021 or 252.225-7036)

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)

(APR 2003)

(IAW FAR 29.401-3(b))

(Applicable when the simplified acquisition threshold is exceeded and fixed-price noncompetitive, and performed wholly or partly within the United States, its possessions or territories, Puerto Rico or the Northern Mariana Islands)

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

(IAW FAR 30.201-4(d)(1)) (Applicable when either clause FAR 52.230-2, 52.230-3, 52.230-4, or 52.230-5 are incorporated)

252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD

(DEC 2006)

(IAW DFARS 232.1110)

(Applicable at or below the micro-purchase threshold and Governmentwide commercial purchase card is required)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

(Applicable to all solicitations and contracts over the micro-purchase threshold issued hereunder)

ACCOUNTING AND APPROPRIATION DATA (AUG 1998)

Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable

NA FUNDS WILL BE OBLIGATED AT INDIVIDUAL ORDER LEVEL $0.00

ACRN TOTAL $ 0.00

Wide Area Work Flow (WAWF) Instructions to Vendors with Contracts that contain MILITARY STANDARD REQUISITIONING AND ISSUE PROCEDURES (MILSTRIP) Data. FEB 08.

MILSTRIP data contains information that is vital to the expeditious delivery of material. When a MILSTRIP is used in a requisition it is entered into the schedule for each item purchased. Typically the MILSTRIP data is at the end of the schedule and is listed as REQ NO.

In the example below the MILSTRIP number is FE480060730146. The quantity is 1 each.

Required Delivery

Type / Ship To Quantity (U/I) On or Before _ Req No / Pri

A FE4800 1 EA 28 FEB 2007 FE480060730146 / PRI:

In WAWF, when creating the Line Item you must also complete the MILSTRIP information in its own sub-tab. In the MILSTRIP sub-tab use the actions button to open the fill-in. In the fill-in enter the MILSTRIP number from the schedule and the quantity shipped. Save the Milstrip and continue with the Line Item information applicable to the shipment.

Inclusion of this MILSTRIP data is vital to the expeditious delivery of this material.

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503) (Applicable to all orders issued hereunder)

Preliminary inspection and acceptance will be at:

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items that specify preliminary inspection.

Inspection Code and Address:

Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

(IAW FAR 47.104-4(a), FAR 47.104-4(b)) (Applicable when fixed-price f.o.b. origin or Cost-reimbursement are specified)

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)

(IAW FAR 47.303-17(f)) (Applicable when specifying f.o.b. origin)

F.O.B. ORIGIN (OCT 1993)

(IAW FAR 47.305(b)) Any supply item applicable to this document shall be delivered F.O.B. at:

F.O.B. Address

[CONTRACTOR FILL-IN]

(Applicable when delivery term is f.o.b. origin)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(IAW FAR 52.107(f)) (Applicable to all orders issued hereunder)

F.O.B. ORIGIN, FIRST DESTINATION TRANSPORTATION (AFMC) (NOV 2007)

(a) First Destination Transportation (FDT) covers shipment of newly acquired items from the contractor to their first point of usage, storage, or embarkation for items going outside the Continental Untied States (OCONUS). Shipment of repaired items and all shipments beyond the first point of usage or storage are second destination transportation.

FDT costs for items shipped F.O.B. destination are included in the item’s price.

(b) FDT F.O.B. origin costs are not paid on the contract that procures the item, but information referenced in the contract is used in their payment. This information comes from the requiring activity and should be on the purchase request.

(c) The Accounting Classification Reference Number (ACRN) that funds the acquisition of the Contract Line Item Number (CLIN)/SubCLIN must be used to pay for its transportation on the CLINs/SubCLINs listed below. The Miscellaneous Obligation Reimbursement Document (MORD) Number associated with the long line of accounting (LOA) shall be entered into Power Track to fund the transportation charges needed to transport the item.

CLIN Long Line of Accounting (LOA) MORD To Be Cited on Individual Orders To Be Cited on Individual Orders To Be Cited on Individual Orders

LIST OF DOCUMENTS, EXHIBITS OR ATTACHMENTS

Form Number Description/File Name Date Number of Pages AFMC 158 Packaging Requirements 09NOV2010 2

DD1653 Transportation Data 09NOV2010 2

DD 1423 Technical Manual Contract Requirements

(TMCR)

02DEC2010 3

TM-86-01N

Air Force Technical Maunual Contract Requirements (TMCR)

01APR2009 10

SOLICITATION PROVISIONS

REPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(OCT 2010)

(IAW FAR 12.301(b)(2))

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (l)(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 certification 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 representation 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 (o) 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) Check all that apply.

(1) [ ] is, [ ] is not a small business concern.

(2) [ ] is, [ ] is not a veteran-owned small business concern.

(3) [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) [ ] is, [ ] is not a small disadvantaged business concern.

(5) [ ] 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) [ ] 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).]

(B) (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) [ ] is, [ ] is not certified by the Small Business Administration

(B) [ ] has, [ ] has not submitted a completed application

(ii) 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,

(ii) It [ ] is, [ ] is not a 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: ___________________________________________.]

(d) Representations required to implement provisions of Executive Order 11246--

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

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

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

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

(i) [ ] has developed and has on file, [ ] has not developed and does not have on file,

(ii) [ ] has not previously had contracts subject to the written affirmative action programs requirement

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

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

(2) Foreign End Products:

Line Item No. Country Of Origin

[List as necessary]

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

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

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

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

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

Line Item No. Country Of Origin

[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 Agreement--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country Of Origin

[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.