1_Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

Cutover Requirements

FFP

NOTE: All pricing shall be in accordance with H-822. The contractor shall provide all transmission facilities, equipment, materials, maintenance, test equipment, design layout, management, supervision and any incidentals necessary to cutover and provide local access and transport services and functions at the designated demarcation point as stated in the Statement of Work for Hawaii ANG.

FOB: Destination

NSN: D304-PK-CSA-0001

MILSTRIP: FB653080160101

PURCHASE REQUEST NUMBER: FB653080160100

SIGNAL CODE: A

NET AMT

Non-Recurring Charges (NRC)

NOTE: All pricing shall be in accordance with H-822. Any Non-Recurring charges associated with the providing of all transmission facilities, equipment, materials, maintenance, test equipment, design layout, management, supervision and incidentals necessary for the performance of local access and transport services and functions at the designated demarcation point as stated in the Statement of Work for Hawaii ANG.

FOB: Destination

NSN: D304-PK-CSA-0002

MILSTRIP: FB653080160102

NET AMT

Recurring Charges (RC)

NOTE: All pricing shall be in accordance with H-822. Any Recurring charges associated with the providing of all transmission facilities, equipment, materials, maintenance, test equipment, design layout, management, supervision and incidentals necessary for the performance of local access and transport services and functions at the designated demarcation point as stated in the Statement of Work for Hawaii ANG.

FOB: Destination

NSN: D304-PK-CSA-0003

MILSTRIP: FB653080160103

NET AMT

Taxes, Fees and Surcharges

NOTE: All pricing shall be in accordance with H-822. Any applicable taxes, fees and surcharges associated with the providing of all transmission facilities, equipment, materials, maintenance, test equipment, design layout, management, supervision and incidentals necessary for the performance of local access and transport services and functions at the designated demarcation point as stated in the Statement of Work for Hawaii ANG.

FOB: Destination

NSN: D304-PK-CSA-0004

MILSTRIP: FB653080160104

NET AMT

Yearly Not To Exceed (NTE) Authorizations

NOTE: All pricing shall be in accordance with H-822. Any Yearly NTE authorizations associated with the providing of all transmission facilities, equipment, materials, maintenance, test equipment, design layout, management, supervision and incidentals necessary for the performance of local access and transport services and functions at the designated demarcation point as stated in the Statement of Work for Hawaii ANG.

FOB: Destination

NSN: D304-PK-CSA-0005

MILSTRIP: FB65080160105

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-OCT-2008

350 HARBOR DR

HICKAM AFB HI 96853-5517

FOB: Destination

FB6530

30-OCT-2013

FB6530

30-OCT-2013

FB6530

30-OCT-2013

FB6530

30-OCT-2013

FB6530

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

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

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(l) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Addendum I to 52.212-1 -- Instructions to Offerors -- Commercial Items

August 2007

(b) Submission of offers. Complete blocks 12, 17a (including cage code), and 30a, b, and c of the SF 1449. Submit signed and dated offers to the office specified in Block 9 of the SF 1449. The SF Form 1449 shall contain the signature of the individual authorized to make the offer. Offers may be submitted via email to 38eig.pkk@tinker.af.mil. Email notification of offer submission shall be sent to Tomma K Hofegartner, tomma.hofegartner@tinker.af.mil. DO NOT send as an executable or .exe file. Documents shall be compressed (zipped) using WinZip 8.1 or older version. Any corrupted file or media containing a virus could result in the offer not being considered for award. Submit offer as follows:

DOCUMENT

CONTENTS

FILE FORMAT

SF 1449

SF 1449 and All Amendments

PDF

Representations 252.212-7000, 52.212-3 (including

Addendum)

PDF or .doc

Volume One Technical Proposal

Volume Two Past Performance

Volume Three Pricing and Contracting

PDF or .doc and .xls

(12) Software Compatibility. Use a word processing and spreadsheet program compatible with Microsoft ® Word 2000 ® and Microsoft ® Excel 2000 ®. PDF is Adobe ® Portable Document Format.

(13) Page Limitations. Adherence to page limitations established in each area of consideration is imperative. Pages exceeding the limit will be removed and not evaluated, which may render the offer "technically unacceptable."

(14) Volumes One, Two, and Three Specific Instructions

(i) VOLUME ONE – TECHNICAL PROPOSAL. Submit via electronic media. Identify submitted material by corresponding factor. Do not exceed 10 pages.

FACTOR 1– Organizational Representatives. Provide a listing, in hierarchical succession, of the Offeror’s points of contact delegated specifically for this requirement. Listing shall include titles, phone numbers, fax numbers and email addresses for each representative. List shall include both contracting and technical representatives.

FACTOR 2 – Interconnection Agreements. Provide evidence of all interconnection agreements and/or leasing arrangements relevant to this effort. Also, state whether Offeror is facilities based, non-facilities based or both.

FACTOR 3 – Evidence of Certification. Certification shall be in accordance with Clause H-829. Provide documentation and/or a direct internet link showing the Offeror is a Local Exchange Carrier certificated by the affiliated state’s Public Utilities Commission (PUC) to provide the services for this requirement.

FACTOR 4 – Local Communications Services. Provide a diagram, with a descriptive legend, showing Offeror’s interconnection of exchange networks and long distance carrier interface (local incoming/outgoing services, trunking, directory assistance, operator assistance, 911 connection, and intra-LATA) in relation to the base and as required by the SOW.

(ii) VOLUME TWO – PAST PERFORMANCE VOLUME. Submit two hard copies (unless electronically submitted). Do not exceed 10 pages. Submit information from contracts performed within the last three years, which are considered relevant in demonstrating ability to perform the proposed effort. Include a discussion of significant achievements and explain past problems and resolution. Include the following administrative data for each referenced contract submitted:

(A) Offeror’s company/division name

(B) Program title, if applicable

(C) Contracting agency/private company

(D) Contract number

(E) Brief description of the contract effort including types of services.

(F) Type of contract - fixed price, time and material, etc.; and dollar amount of the contract including modifications

(G) Period of performance

(H) Identification of any contract discrepancy reports issued against the contract and discussion of how they were resolved

(I) Name, address and telephone number, and email address of the Government program manager, Contracting Officer, or contract manager of current contract or last contract completed

(iii) VOLUME THREE – PRICING & CONTRACTING INFORMATION. All prices shall be proposed in accordance with Clause H-822. Submit via electronic media. Do not exceed a total of 5 pages for parts A and B below.

(A) Schedule B.

Provide a copy of the completed Schedule B (attached) containing the Offeror’s proposal amounts. Offeror shall not alter the required services and/or quantities. Schedule B unit prices shall be limited to two decimal places. In addition, to identify a CLIN/SLIN (Contract Line Item/Sub Line Item) as Not Separately Priced, enter "NSP" in the unit price and/or to identify a CLIN/SLIN as No Charge, enter "NC" in the unit price.

(B) Taxes, Fees and Surcharges.

Provide a separate delineation or breakdown of all applicable Taxes, Fees and Surcharges. The Offeror shall charge the Government only those taxes, fees, and surcharges that are lawfully imposed, or permitted, and that the Offeror is allowed to receive recompense from, or by, the Government.

(C) Amendments.

Provide a signed copy of all applicable solicitation amendments.

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

(e) Multiple offers. If more than one solution to the services is available, Offeror may submit multiple offers for consideration, subject to same page limitations. Multiple offers may not be considered if they alter the Government’s requirement. Should the Offeror claim exceptions to any requirement in the solicitation, these exceptions shall be listed and rationale provided. Failure to include exceptions will be deemed as acceptance of all terms and conditions of the solicitation and resulting contract.

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

(1) Including documents omitted from email.

(h) Multiple awards. This award shall be made on an all or none basis.

(j) Data Universal Numbering System (DUNS) Number. Enter DUNS number in block 17 of SF 1449, including Offeror’s name, cage code, and address.

(l) Site Visit and additional information. Any questions relating to the solicitation shall be submitted to the Contract Specialist or Contracting Officer noted above (not to the Communications Squadron representative or other government representative) by 17 Mar 2008. Any questions received after this date may or may not be answered, due to time constraints of the solicitation. Terms of the solicitation and specifications shall remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply. A pre-proposal conference is not scheduled for this site. If the Offeror feels an inspection is necessary at the site where services are to be performed to identify any general and local conditions that affect the cost of contract performance, notify the Contract Specialist or Contracting Officer by 15 Mar 2008. If site visit is requested and conducted, all Offerors will be notified by amendment to the solicitation. Information provided at a site visit shall not qualify the terms and conditions of the solicitation and specifications. If this office does not receive any responses from vendors concerning a site visit by this date, no further notification will be provided.

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, price and other factors considered. The following factors shall be used to evaluate offers:

See Addendum I to 52.212-2.

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

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

(End of clause)

Addendum I to 52.212-2 -- Evaluation -- Commercial Items.

AUGUST 2007

(a) This is a competitive best value source selection utilizing Past Performance Tradeoff (PPT) technique in which competing Offerors' past and present performance history will be evaluated on a basis approximately equal to cost or price considerations. By submission of an offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. All technically acceptable offers shall be treated equally except for their prices and performance records. Failure to meet a requirement shall result in an offer being determined technically unacceptable. Moreover, the Government reserves the right to award an order for services from an incumbent LEC or other LEC with a universal service obligation for the services required in this solicitation if it is in the best interest of the Government, price and other factors considered, as discussed herein, even if the company has not submitted an offer. The evaluation process shall proceed as follows:

(1) Technical Acceptability. Initially, the Government technical evaluation team will evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable, Reasonably Susceptible of Being Made Acceptable, or Unacceptable. A decision on the technical acceptability of each Offeror’s technical proposal shall be made. Only those offers determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. The offers shall be evaluated against the following factors:

FACTOR 1 – Organizational Representatives. This factor is met when the Offeror provides a listing, in hierarchical succession, of the Offeror’s points of contact delegated specifically for this requirement. Listing includes the titles, phone numbers, fax numbers and email addresses for each representative. List shall include both contracting and technical representatives.

FACTOR 2 – Interconnection Agreements. This factor is met when the Offer provides documented evidence of all interconnection agreements and/or leasing arrangements relevant to this effort and states whether Offeror is a facilities based firm, non-facilities based firm, or both.

FACTOR 3 – Evidence of Certification. This factor is met when the Offeror provides documentation and/or a direct internet link showing that Offeror is a Local Exchange Carrier certificated by the affiliated state’s Public Utilities Commission (PUC) to provide the services for this requirement.

FACTOR 4 – Local Communications Services. This factor is met when the Offeror presents a sound approach for providing local communication services detailed by a diagram and descriptive legend that clearly illustrates the Offeror’s ability to meet all the SOW requirements.

(2) Price Evaluation. Next, the Government will rank all technically acceptable offers by price, including any option prices if applicable. All CLINs/SLINs within the Schedule B will be evaluated for award multiplying the estimated quantity times the unit price in the Schedule B and subtracting any applicable considered discount(s) would derive the total evaluated price. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price.

(i) When applicable, the HUB Zone preference will be applied in accordance with FAR 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns, to arrive at the evaluated price.

(ii) The Government reserves the right to compare offered prices with tariff prices of an incumbent local exchange carrier (LEC) or with any other local exchange carrier with a universal service obligation for the services required in this solicitation.

(3) Performance Confidence Assessment. In determining past performance risk, the evaluators will employ several approaches including: reviewing the present and past performance information volume required in 52.212-1 Addendum of this solicitation; seeking present and past performance information through the use of questionnaires; as well as using data independently obtained from other Government and commercial sources. In determining risk, judgment will be used in assessing the probability of success, problems on previous efforts, the impact of failure, and the alternatives available to meet the requirements.

(i) Relevant performance includes performance of efforts that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation.

(ii) The purpose will be to identify and review relevant present and past performance, and then make an overall risk assessment of the Offeror's ability to perform this effort. This risk assessment represents the Source Selection Authority’s judgment of the probability of an Offeror successfully accomplishing the proposed effort based on the Offeror's demonstrated present and past performance. The PPT process will result in an overall risk rating as identified below:

RATING

DEFINITION

High Confidence Based on the Offeror’s performance record, the Government has high confidence the Offeror will successfully perform the required effort.

Significant Confidence Based on the Offeror’s performance record, the Government has significant confidence the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s performance record, the Government has confidence the Offeror will successfully perform the required effort.

Normal Contractor emphasis should preclude any problems.

Unknown Confidence No performance record is identifiable (see FAR 15.305(a)(2)(iii)and (iv)).

Little Confidence

Based on the Offeror's performance r record, substantial doubt exists that the

Offeror will successfully perform the required effort.

No Confidence

Based on the Offeror's performance record, extreme doubt exists that the

Offeror will successfully perform the required effort.

(4) In evaluating the offer, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

(5) If the lowest priced evaluated technically acceptable offer is judged to have a High Confidence performance confidence assessment, that offer represents the best value for the Government, and the evaluation process stops at this point. Award shall be made to that Offeror without further consideration of any other offers.

(6) The Government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is judged to have a performance confidence assessment of “Significant Confidence” or lower.

(7) An integrated assessment of price and past performance will be performed to determine which offer represents the greatest value in accordance with the evaluation criteria contained in this acquisition. An award shall be made to this Offeror, subject to a positive determination of responsibility.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007)

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

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 small business concern" means a small business concern--

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

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

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

(b) 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.)

(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

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).