ARRA Roof SF 1442 Clauses 10-2-2009.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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IMPORTANT NOTICES TO CONTRACTORS

* Based on initial proposals, the Government reserves the right to award without discussions.

* This procurement is a Total Small Business Set-Aside.

* Note the applicable Davis-Bacon Act wage determination and security requirements.

*A Pre-Proposal Conference/Site Visit will be conducted on Wednesday, October 14, 2009, 10:00 a.m., MST, Building 41, Entrance S1, Remington Arms Conference Room, Room 146, One Denver Federal Center, 6th & Kipling, Denver Federal Center, Lakewood, Colorado.

* Estimated magnitude of the requirement is between $20,000,000.00 and $25,000,000.00.

* Review FAR 52.211-12 for the applicable liquidated damages requirements.

*Effective January 1, 2005, offerors shall complete Representations and Certifications through the On-line Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Other certifications not included in ORCA but included in this solicitation shall be completed and returned with the offeror's proposal.

*Offerors may submit responses via U.S. Mail or Hand-Carried methods, only.

* The required insurance certificate shall be submitted to the Contracting Officer 14 calendar days after award.

* Payment and Performance Bonds are required and shall be submitted to the Contracting Officer 30 calendar days prior to commencing the installation portion of the project.

* Note the cover page of the Project Specifications and Section 00800, which provides instructions on how to obtain a CD of drawings prior to the Pre-Proposal Conference/Site Visit. If the CD's are not obtained prior to the Pre-Bid Conference, bring the completed Request for Sensitive But Unclassified Building Document to the conference.

*To account for the number of CD's required, e-mail diane.byers@gsa.gov not later than 10/20/09 and provide the company name, names of individuals attending and a phone number.

*The Buy American Act shall be complied with on all aspects of the project.

RECOVERY: B-20 Design Roof Replacement and Building Integrated PV

0001 RECOVERY Design for Building 20 roof replacement and building integrated PV on roof top.

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

RECOVERY: Building 20 Supply photovoltaic Panels for roof PV system

0002 RECOVERY: Building 20-Provide PV panels for roof mounted PV system

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

RECOVERY: Building 20- Roof replacement and PV System completion

0003 RECOVERY: Building 20 - Remove and replace roof and complete PV roof system installation with Provided panels.

SHIP TO:

1.00 LS

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

RECOVERY: Building 56-Design Roof Replacement and Roof PV System

0004 RECOVERY: Building 56 - Design Roof Replacement and Roof PV System

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

0005 RECOVERY: Building 56 - Provide PV panels for Roof PV System

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

0006 RECOVERY: Buildinig 56 - Remove and Replace Roof and Complete PV System with provided panels

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

0007 RECOVERY: Building 810 - Design for Roof Mounted PV System

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

0008 RECOVERY: Building 810 - Provide PV panels for Roof Mounted PV System

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

0009 RECOVERY: Buildinig 810 - Complete PV System using Provided PV Panels

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

1.00 LS

SCHEDULE Continued

DENVER CO 80225-0546

FOB : Destination

0010 RECOVERY: Operation and Maintenance of Roof Mounted PV Systems Buildings 20, 56, 810. One Year

SHIP TO:

GSA PBS DFC SVS CTR 8PD

BLDG 41 DFC PO BOX 25546

W 6TH AVE & KIPLING ST

DENVER CO 80225-0546

FOB : Destination

1.00 LS

SCHEDULE Continued

SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

00100. 1 52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)

00100. 2 52.216-1 TYPE OF CONTRACT (APR 1984)

00100. 3 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT

1997)

00100. 4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

00100. 5 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

00100. 6 52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL BUSINESS

CONCERNS (APR 1984)

00100. 7 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)

00100. 8 52.215-20 IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR

PRICING DATA (OCT 1997)--ALTERNATE IV (OCT 1997)

00100. 9 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

00100. 10 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

00100. 11 52.222-5 DAVIS-BACON ACT -- SECONDARY SITE OF THE WORK (JUL 2005)

SECTION 00600 REPRESENTATIONS AND CERTIFICATIONS

00600. 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

00600. 2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

00600. 3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

00600. 4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

00600. 5 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (DEC 2001)

00600. 6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

00600. 7 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

00600. 8 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

00600. 9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

SECTION 00700 CONTRACT CLAUSES

00700. 1 52.202-1 DEFINITIONS (JUL 2004)

00700. 2 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL

2005)

00700. 3 552.236-78 SHOP DRAWINGS, COORDINATION DRAWINGS, AND SCHEDULES (SEP 1999)

00700. 4 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

00700. 5 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

00700. 6 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

00700. 7 552.236-79 SAMPLES (APR 1984)

00700. 8 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

00700. 9 52.222-6 DAVIS-BACON ACT (JUL 2005)

00700. 10 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

00700. 11 52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

00700. 12 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)...22

00700. 13 552.236-80 HEAT (APR 1984)

00700. 14 52.203-3 GRATUITIES (APR 1984)

00700. 15 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

00700. 16 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)

00700. 17 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

00700. 18 552.236-81 USE OF EQUIPMENT BY THE GOVERNMENT (APR 1984)

00700. 19 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

00700. 20 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

00700. 21 552.236-82 SUBCONTRACTS (APR 1984)

00700. 22 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

00700. 23 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

00700. 24 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

00700. 25 552.243-71 EQUITABLE ADJUSTMENTS (JAN 2009)

00700. 26 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

Table of Contents

ACTIVITY (JAN 1997)

00700. 27 552.246-72 FINAL INSPECTION AND TESTS (SEP 1999)

00700. 28 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

00700. 29 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

00700. 30 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

00700. 31 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

00700. 32 552.246-75 GUARANTEES (MAY 1989)

00700. 33 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

00700. 34 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (DEC 2007)

00700. 35 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

00700. 36 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

00700. 37 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

00700. 38 52.236-8 OTHER CONTRACTS (APR 1984)

00700. 39 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

00700. 40 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

00700. 41 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

00700. 42 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

00700. 43 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

00700. 44 52.242-13 BANKRUPTCY (JUL 1995)

00700. 45 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT ONFRINGEMENT (DEC 2007)...24

00700. 46 52.242-14 SUSPENSION OF WORK (APR 1984)

00700. 47 52.211-13 TIME EXTENSIONS (SEP 2000)

00700. 48 52.243-4 CHANGES (JUN 2007)

00700. 49 52.228-11 PLEDGES OF ASSETS (FEB 1992)

00700. 50 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)

00700. 51 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004)

00700. 52 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)

00700. 53 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2009)

00700. 54 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

00700. 55 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS (JUL 2005)

00700. 56 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

00700. 57 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

00700. 58 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR

PRICING DATA--MODIFICATIONS (OCT 1997)

00700. 59 52.232-17 INTEREST (OCT 2008)

00700. 60 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

00700. 61 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

00700. 62 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

00700. 63 52.248-3 VALUE ENGINEERING--CONSTRUCTION (SEP 2006)

00700. 64 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEP 2002)

00700. 65 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

00700. 66 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)

00700. 67 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)--

ALTERNATE I (SEP 1996)

00700. 68 52.233-3 PROTEST AFTER AWARD (AUG 1996)

00700. 69 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

00700. 70 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

00700. 71 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

00700. 72 52.233-2 SERVICE OF PROTEST (SEP 2006)

00700. 73 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

00700. 74 52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

00700. 75 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

00700. 76 52.236-12 CLEANING UP (APR 1984)

00700. 77 552.211-71 STANDARD REFERENCES (SEP 1999)

00700. 78 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

00700. 79 52.236-13 ACCIDENT PREVENTION (NOV 1991)

00700. 80 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)

00700. 81 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

00700. 82 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

00700. 83 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

00700. 84 552.211-84 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (FEB 1996)

00700. 85 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

00700. 86 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996)

00700. 87 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

00700. 88 552.232-78 PAYMENT INFORMATION (JUL 2000)

00700. 89 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)

00700. 90 552.236-70 DEFINITIONS (APR 1984)

00700. 91 552.236-71 AUTHORITIES AND LIMITATIONS (APR 1984)

00700. 92 552.236-72 SPECIALIST (APR 1984)

00700. 93 552.236-74 WORKING HOURS (APR 1984)

00700. 94 552.236-75 USE OF PREMISES (APR 1984)

00700. 95 552.236-76 MEASUREMENTS (APR 1984)

00700. 96 552.236-77 SPECIFICATIONS AND DRAWINGS (SEP 1999)

00700. 97 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF

2009 (MAR 2009)

00700. 98 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

00700. 99 52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING REQUIREMENTS (MAR 2009)

00700. 100 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

00700. 101 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

00700. 102 52.225-24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)

00700. 103 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

00700. 104 52.236-17 LAYOUT OF WORK (APR 1984)

00700. 105 52.246-21 I WARRANTY OF CONSTRUCTION (MAR 1994)--ALTERNATE I (APR 1984)

00700. 106 52.203-6 I RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)-- ALTERNATE

I (OCT 1995)

00700. 107 52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR

REMOVAL OF IMPROVEMENTS) (MAY 2004)

00700. 108 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

00700. 109 52.244-2 SUBCONTRACTS (JUN 2007)

00700. 110 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

00700. 111 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

00700. 112 552.232-70 INVOICE REQUIREMENTS (SEP 1999)

00700. 113 52.232-25 PROMPT PAYMENT (OCT 2008)

00700. 114 52.232-16 I PROGRESS PAYMENTS (APR 2003)--ALTERNATE I (MAR 2000)

00700. 115 52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999)

00700. 116 52.228-1 BID GUARANTEE (SEP 1996)

00700. 117 52.225-23 REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS--BUY

AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2009)

00700. 118 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

00700. 119 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2008)

00700. 120 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

00700. 121 52.215-13 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

00700. 122 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)

00700. 123 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS (OCT

1997)

00700. 124 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)

00700. 125 52.215-2 I AUDIT AND RECORDS--NEGOTIATION (MAR 2009)--ALTERNATE I

00700. 126 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (AUG 2009)

00700. 127 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)

00700. 128 52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)--

ALTERNATE I (JUL 1995)

SECTION 00800 SPECIAL CONTRACT REQUIREMENTS

00800. 1 Security Clearance Requirements

00800. 2 Insurance Requirements

00800. 3 Sensitive But Unclassified Building

00800. 4 Special Requirements

00800. 5 Vendor Past Performance Evaluation

00800. 6 Authorized Negotiators

00800. 7 Davis Bacon General Decision

00800. 8 Proposal Submission/Evaluation

00800. 9 Attachment 1 - References

00800. 10 Attachment 2 - Proposal Sheets

00800. 11 Attachment 3 - Specifications

SECTION 00100

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

00100. 1 52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction material," "manufactured construction material," "steel," and "unmanufactured construction material," as used in this provision, are defined in the clause of this solicitation entitled "Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.

111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract--

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) f the Government determines that a particular exception requested in accordance with paragraph

(c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

00100. 2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of Provision)

00100. 3 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT 1997)

(Reference 52.215-1 I)

00100. 4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

(Reference 52.252-1)

00100. 5 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

(Reference 52.232-13)

00100. 6 52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL BUSINESS

CONCERNS (APR 1984)

The Progress Payments clause will be available only to small business concerns. Any bid conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive if the bidder is not a small business concern.

(End of Provision)

00100. 7 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)

(Reference 52.236-27 I)

00100. 8 52.215-20 IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR

PRICING DATA (OCT 1997)--ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Provide information described below: Submit the provided and completed excel spread sheet entitled Roof Mounted Grid Tied PV System Buildings 20, 56 and 810, see Section 800.

00100. 9 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(Reference 52.204-6)

00100. 10 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

(Reference 52.203-11)

00100. 11 52.222-5 DAVIS-BACON ACT -- SECONDARY SITE OF THE WORK (JUL 2005)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

SECTION 00600

REPRESENTATIONS AND CERTIFICATIONS

00600. 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) Those prices;

(ii) The intention to submit an offer;, or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror''s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision

____________________ [insert full name of person(s) in the offeror''s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror''s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

00600. 2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) "Definitions."

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the

Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns.

The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) 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 IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) 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.

(d) "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.

(e) "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 _________________________.

(f) "Common parent."

/_/ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

/_/ Name and TIN of common parent:

Name _____________________________

TIN ______________________________

(End of Provision)

00600. 3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(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; 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.

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

(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. ?? 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. ?? 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. ?? 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 subsidiary, division, or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(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)

00600. 4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 334413, Semiconductor and Related Device Manufacturing

(2) The small business size standard is 500 Employees

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

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

(2) The offeror represents, for general statistical purposes, that it /_/ is, /_/ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) The offeror represents as part of its offer that it /_/ is, /_/ is not a women-owned small business concern.

(4) The offeror represents as part of its offer that it /_/ is, /_/ is not a veteran-owned small business concern.

(5) The offeror represents as part of its offer that it /_/ is, /_/ is not a service-disabled veteran-owned small business concern.

(6) The offeror represents, as part of its offer, that--

(i) It /_/ is, /_/ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It /_/ is, /_/ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(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.

(c) Definitions. As used in this provision-- "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 the size standard in paragraph

(a) of this provision.

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

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

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

00600. 5 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (DEC 2001)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has submitted the most recent VETS-100 Report required by that clause.

(End of Provision)

00600. 6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that--

(a) It /_/ has, /_/ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

(b) It /_/ has, /_/ has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)

00600. 7 52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

00600. 8 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be

(1) submitted on the forms furnished by the Government or on copies of those forms; and

(2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal" in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of Provision)

00600. 9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

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

(a) Definitions. As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

"Inverted domestic corporation" 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).

"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;

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

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

(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…