Fuels RFP.doc

Section SF 1449 - CONTINUATION SHEET

Months

Transition Phase In Period

FFP

Transition/Phase In Period of Performance (1 Sep 12 - 30 Sep 12)

A 1-month transition period is required as noted in PWS. The contractor shall provide all personnel, equipment, tools, vehicles, supervision and other items and services necessary to perform the Base Fuels Management Services at Kirtland AFB NM IAW PWS.

FOB: Destination

SIGNAL CODE: A

NET AMT

Each

Data Requirements

Transition/Phase In Period of Performance (1 Sep 12 - 30 Sep 12)

Prepare and provide Contract Data Requirements/Reports as required in PWS. "Not Separately Priced"

NET AMT

Months

Non-Personal Services

Basic Period of Performance (1 Oct 12 - 30 Sep 13)

Provide all personnel, equipment, tools, vehicles, supervision and other items and services necessary to perform the Base Fuels Management Services at Kirtland AFB NM IAW PWS.

NET AMT

Each

Training/Travel

COST

Basic Period of Performance (1 Oct 12 - 30 Sep 13)

Training/Travel will be utilized for government directed training and/or travel to support the requirements of PWS. Contractor shall be responsible for all employee training and travel required to maintain technical proficiency and/or professional development necessary to meet the requirements of PWS. All training/travel require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

Overtime

Basic Period of Performance (1 Oct 12 - 30 Sep 13)

Overtime will be utilized for government directed requirements of PWS. All overtime require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

Cost Reimbursable Items

Basic Period of Performance (1 Oct 12 - 30 Sep 13)

Replacement Parts for Government Furnished Equipment (GFE). All expenses require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Months

FFP

Option I Period of Performance (1 Oct 13 - 30 Sep 14)

Provide all personnel, equipment, tools, vehicles, supervision and other items and services necessary to perform the Base Fuels Management Services at Kirtland AFB NM IAW PWS.

NET AMT

Each

COST

Option I Period of Performance (1 Oct 13 - 30 Sep 14)

Training/Travel will be utilized for government directed training and/or travel to support the requirements of PWS. Contractor shall be responsible for all employee training and travel required to maintain technical proficiency and/or professional development necessary to meet the requirements of PWS. All Training/Travel require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

Option I Period of Performance (1 Oct 13 - 30 Sep 14)

Overtime will be utilized for government directed requirements of PWS. All overtime require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

Option I Period of Performance (1 Oct 13 - 30 Sep 14)

Replacement Parts for Government Furnished Equipment (GFE). All expenses require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Months

FFP

Option II Period of Performance (1 Oct 14 - 30 Sep 15)

Provide all personnel, equipment, tools, vehicles, supervision and other items and services necessary to perform the Base Fuels Management Services at Kirtland AFB NM IAW PWS.

NET AMT

Each

COST

Option II Period of Performance (1 Oct 14 - 30 Sep 15)

Training/Travel will be utilized for government directed training and/or travel to support the requirements of PWS. Contractor shall be responsible for all employee training and travel required to maintain technical proficiency and/or professional development necessary to meet the requirements of PWS. All Training/Travel require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

Option II Period of Performance (1 Oct 14 - 30 Sep 15)

Overtime will be utilized for government directed requirements of PWS. All overtime require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

Option II Period of Performance (1 Oct 14 - 30 Sep 15)

Replacement Parts for Government Furnished Equipment (GFE). All expenses require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Months

FFP

Option III Period of Performance (1 Oct 15 - 30 Sep 16)

Provide all personnel, equipment, tools, vehicles, supervision and other items and services necessary to perform the Base Fuels Management Services at Kirtland AFB NM IAW PWS.

NET AMT

Each

COST

Option III Period of Performance (1 Oct 15 - 30 Sep 16)

Training/Travel will be utilized for government directed training and/or travel to support the requirements of PWS. Contractor shall be responsible for all employee training and travel required to maintain technical proficiency and/or professional development necessary to meet the requirements of PWS. All Training/Travel require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

Option III Period of Performance (1 Oct 15- 30 Sep 16)

Overtime will be utilized for government directed requirements of PWS. All overtime require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

Option III Period of Performance (1 Oct 15- 30 Sep 16)

Replacement Parts for Government Furnished Equipment (GFE). All expenses require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Months

FFP

EXTENSION OF SERVICES WILL BE EXERCISED ONLY IF REQUIRED. THIS CLIN MAY OR MAY NOT BE EXERCISED AND IF EXERCISED, MAY OR MAY NOT BE EXERCISED FOR THE ENTIRE 6 MONTH TIME PERIOD. Extension of Services Period of Performance (1 Oct 16 - 31 Mar 17)

Provide all personnel, equipment, tools, vehicles, supervision and other items and services necessary to perform the Base Fuels Management Services at Kirtland AFB NM IAW PWS.

NET AMT

Each

COST

EXTENSION OF SERVICES WILL BE EXERCISED ONLY IF REQUIRED. THIS CLIN MAY OR MAY NOT BE EXERCISED AND IF EXERCISED, MAY OR MAY NOT BE EXERCISED FOR THE ENTIRE 6 MONTH TIME PERIOD. Extension of Services Period of Performance (1 Oct 16 - 31 Mar 17)

Training/Travel will be utilized for government directed training and/or travel to support the requirements of PWS. Contractor shall be responsible for all employee training and travel required to maintain technical proficiency and/or professional development necessary to meet the requirements of PWS. All Training/Travel require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

EXTENSION OF SERVICES WILL BE EXERCISED ONLY IF REQUIRED. THIS CLIN MAY OR MAY NOT BE EXERCISED AND IF EXERCISED, MAY OR MAY NOT BE EXERCISED FOR THE ENTIRE 6 MONTH TIME PERIOD. Extension of Services Period of Performance (1 Oct 16 - 31 Mar 17)

Overtime will be utilized for government directed requirements of PWS. All overtime require FD approval PWS. "Not to Exceed Amount to be determined."

ESTIMATED COST

Each

COST

EXTENSION OF SERVICES WILL BE EXERCISED ONLY IF REQUIRED. THIS CLIN MAY OR MAY NOT BE EXERCISED AND IF EXERCISED, MAY OR MAY NOT BE EXERCISED FOR THE ENTIRE 6 MONTH TIME PERIOD. Extension of Services Period of Performance (1 Oct 16 - 31 Mar 17)

Replacement Parts for Government Furnished Equipment (GFE). All expenses require FD approval. "Not to Exceed Amount to be determined."

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2012

4600 RANDOLPH AVE SE BLDG 1010

KIRTLAND AFB NM 87117

F2K3AD

30-SEP-2012

F2K3AD

30-SEP-2013

F2K3AD

30-SEP-2013

F2K3AD

30-SEP-2013

F2K3AD

30-SEP-2013

F2K3AD

30-SEP-2014

F2K3AD

30-SEP-2014

F2K3AD

30-SEP-2014

F2K3AD

30-SEP-2014

F2K3AD

30-SEP-2015

F2K3AD

30-SEP-2015

F2K3AD

30-SEP-2015

F2K3AD

30-SEP-2015

F2K3AD

30-SEP-2016

F2K3AD

30-SEP-2016

F2K3AD

30-SEP-2016

F2K3AD

30-SEP-2016

F2K3AD

31-MAR-2017

F2K3AD

31-MAR-2017

F2K3AD

31-MAR-2017

F2K3AD

31-MAR-2017

F2K3AD

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS

(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:

(1) PAST PERFORMANCE

(2) PRICE

Past Performance is significantly more important than Price when being evaluated.

(b) Options. The government will evaluate offers for award purposes by adding the total price for all options and the six (6) - month extension period 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.

BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors past performance history will be evaluated on a basis significantly more important than price. By submission of its offer in accordance with the instructions provided in provision addendum to FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and past performance. The evaluation process shall proceed as follows:

A. Offers shall be ranked according to price, including option prices and the six (6) - month extension period. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. The government has included Not to Exceed (NTE) amounts for cost-reimbursable CLINs and like option year CLINs as denoted in the CLIN descriptions. Offerors shall not change these NTE amounts. The government shall use Not to Exceed (NTE) amounts for cost-reimbursable CLINs at the time of award. Offerors shall not be required to provide any pricing in their proposal for the cost-reimbursable CLINs. Copies of the Pricing Schedule will be necessary in order to submit a proposal for each option year and six (6) - month extension period.

B. The contracting officer shall seek recent and relevant performance information from offerors based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevant present/past performance includes efforts that are similar in scope, magnitude and complexity of effort required by this solicitation. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to supply services described in the solicitation that meet users’ needs, based on the offeror’s demonstrated record of performance. The assessment process will result in an overall performance confidence assessment rating (see table below) of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in DoD Source Selection Procedures, Table 5, Performance Confidence Assessments. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or offerors whose performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

TABLE 1- PERFORMANCE CONFIDENCE ASSESSMENTS

successfully perform the required effort.

successfully perform the required effort.

NO

CONFIDENCE

Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

assessment rating can be reasonably assigned.

C. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation. See rating table below.

Table 2 – Past Performance Relevancy Ratings

magnitude of effort and complexities this solicitation requires.

D. The lowest price offeror evaluated to have a “Substantial Confidence” performance confidence assessment rating whose price is also considered reasonable will be considered to be the most advantageous proposal to the government. If the lowest priced offeror is not evaluated to have a “Substantial Confidence” performance confidence assessment, then the next lowest priced offer will be assessed evaluating their past performance with the process continuing (in order by price) until an offeror is evaluated to have a “Substantial Confidence” performance confidence assessment or until all offerors are evaluated. If no offeror receives a Substantial Confidence assessment the Source Selection Authority shall then make an integrated assessment best value award decision by performing a past performance/price trade-off analysis.

E. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

F. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

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

[Offeror to identify the applicable paragraphs at (c) through (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 electronically on ORCA.]

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

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

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

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

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

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

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

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

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture:__________ .] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

(10) (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 CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(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: ____________.)

(11) 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone 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 $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been…