H94002-09-Q-0022.doc

SCHEDULE Continued

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

09-CRM-0015

7.

For Solicitation Information Call:

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

DEPARTMENT OF DEFENSE

TRICARE MANAGEMENT ACTIVITY/CM

16401 E. CENTRETECH PARKWAY

AURORA, CO 80011-9066

DEPARTMENT OF DEFENSE

TRICARE MANAGEMENT ACTIVITY/CM

16401 E. CENTRETECH PARKWAY

AURORA, CO 80011-9066

17a.

Contractor/Offeror

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

TRICARE Management Activity is a Department of Defense organization and is therefore exempt from federal and state taxes.

PROVIDE THE FOLLOWING INFORMATION:

A) DUNS Number _____________________

B) Taxpayer Identification # ______________

C) Cage Code ________________________

D) Ordering Address:

Open Market Pricing

1) Pricing for the items identified.

2) Provide a copy of the published price list for the items.

3) Identify any additional discounts to the published price list separately.

4) Return a completed Representations and Certifications (FAR 52.212-3) or state if available electronically on ORCA.

GSA Pricing

1) GSA pricing for the listed items

2) Identify item(s) not on the GSA schedule as "Open Market"

3) GSA Information

a) GSA Contract #: _____________________

b) Expiration Date: _____________________

c) Copy of the GSA Terms and Conditions

d) Copy of the price list containing the item

4) Discounts, if applicable

Please indicate if item can be delivered by

October 15, 2009. __________________

If no, please provide estimated delivery date.

Submission of quotation may be accomplished by the due date and time via FedBizOps, e-mail, or fax.

In addition, a signed hardcopy of the quote must be submitted to TMA as noted in Block 15 prior to consideration of award.

The requirements stated herein are intended to ensure that the acquired Chart of Accounts Conversion Tool software meets the Government need for the SFIS Compliance project.

2. Functional Specification for Chart of Accounts Conversion Tool: The COTS Chart of Accounts Conversion tool must meet the following functional specifications. All of the Sections 2 and 3 requirements are criteria that must be met by the offeror’s proposed product solution, and must be provided in the offeror’s proposal in order to be considered for this acquisition. Using Attachment I, the offeror must describe how the Chart of Accounts Conversion Tool software meets each requirement laid out in this section.

2.1. Operating Systems Support: Client-side software must be able to run on Windows XP Professional Service Pack 2 (SP2) and Windows Server v2003 Service Pack 2 (SP2) platforms.

2.2. Application Support: Must be able to convert Chart of Accounts on Oracle E-Business Suite release 11i.

2.3. Application: Must be able to replace existing code combinations IDs (CCIDs) with new code combinations IDs (CCIDs) based on mapping rules to carry the change throughout the existing Oracle 10g database.

2.4. Mapping management tool: Must include a utility/tool to map existing Chart of Account segments to new Chart of Account segments for one-to-one, one-to-many, many-to-one, and many-to-many mappings.

2.5. Model and error checking: Must have ability to model changes to chart of accounts and automatically check for errors that identify exceptions and alerts user.

2.6. Stand-alone: Must be available as stand-alone software, with no additional consulting or services fees required.

2.7. Reporting: Must be able to generate reports detailing mapping choices, exceptions and changes.

2.8. Change Functions: Must be able to: add Chart of Account segments, remove Chart of Account segments and values, change Chart of Account segment lengths, and consolidate two or more Chart of Accounts segments.

3. Maintenance and Support: Offeror must provide in the proposal one year of annual maintenance and support (one 12-month Base Period) to ensure system maintainability. Using Attachment I, the offeror must describe the details of the maintenance and support policy and response commitments.

3.1. Maintenance. Maintenance that includes updates and upgrades must be provided for the Chart of Account Conversion Tool. The offeror must describe how the maintenance shall provide for product and license updates and upgrades.

3.2. Support. The offeror must describe the method(s) (e.g. web or telephony based) the Government is to obtain technical support for the Chart of Account Conversion Tool.

3.2.1. The offeror must describe how the support packages will provide a response to a Government technical support request within 24 hours, assuming a 9am to 5pm, Monday through Friday business week.

4. Additional Requirements: The requirements in Section 4 will be rated on a three value Risk Level scale where Exceptional (3) = Very Low Risk, Acceptable (2) = Moderate Risk, and Unacceptable (1) = Very High Risk. Using Attachment I, the offeror shall describe in detail how their Chart of Accounts Conversion tool meets the following additional requirements.

4.1. The offeror shall describe the user-friendliness of the graphical user interface (GUI) and the nature and level of training required to use the product.

4.2. The offeror shall describe how the tool delivers new Chart of Account structures, values, and code combination IDs (CCIDs) throughout the existing Oracle applications data.

4.3. The offeror shall describe how this Chart of Accounts Conversion Tool will transition to an Internet Protocol Version Six (IPv6) capable network in the future.

4.4. The offeror shall describe how all of their proposed client-side software will provide support for Windows Vista Business Service Pack 1 (SP1), or Windows 7.

4.5. The offeror shall describe how all of their proposed client-side software will provide support for Windows Server 2008 Service Pack 2 (SP2).

4.6. The offeror shall describe how the Chart of Accounts Conversion Tool supports Security Provisions for ensuring proper level of developer and user security. The Chart of Accounts Conversion Tool shall have the ability to execute in a PKI-enabled (Public Key Infrastructure) environment as required by Department of Defense Information Assurance Certification and Accreditation Process (DIACAP) Certification & Accreditation (C&A) process.

4.7. The offeror shall describe, in detail, all known limitations of all of their proposed software when executing in, or against, a server-side virtualized environment(s) as compared to non-virtualized environment(s.)

4.8. The offeror shall describe all known limitations of all of their proposed software when executing against Oracle E-Business Suite Release 11i and 10g Database instances running on UNIX Solaris 10 platform.

4.9. Where available, offeror shall provide Section 508 Voluntary Product Accessibility Template (VPAT) datasheet documentation.

4.10. The offeror's Chart of Accounts Conversion Tool must pass a Defense Information Systems Agency (DISA) Information Assurance (IA) security risk assessment review in order to be approved for use on the DISA network. In order to assist in this review, the offeror shall describe how they will provide documentation during the security risk assessment review.

5. Licensing Information: The following environment information, if needed, is provided to enable offerors to specify licensing. The offeror must describe the licensing structure required in order to complete a change in the Chart of Accounts in the below described environment.

5.1. Hardware: There will be four identical hardware configurations for the purposes of Development, System Test, Quality Assurance Test, and Production environments. The Oracle application consists of an Oracle Financials 11i application along with an Oracle 10g database and the implemented modules include Receivables, Payables, Purchasing, General Ledger and Federal Administration. The Oracle application and database are run on a UNIX Solaris 10 platform. The offeror must specify which servers require licenses, for the Chart of Accounts Conversion Tool.

5.2. Users: There will be one user of the Chart of Account Conversion Tool. The offeror must specify if additional licenses are required for additional users.

5.3. Configuration: There is one set of books and a single production instance to be changed. The changes to be done with this software will include multiple Chart of Account segments, including the changes to the length of the segments, combining segments, removing segments and changing segment values.

6. Chart of Accounts Conversion Tool Evaluation Criteria

The Government will award a contract resulting from this “Brand Name or Equal” 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:

FACTOR 1 - TECHNICAL CAPABILITY

FACTOR 2 - PRICE

Technical Capabilities are more important than the Price Factor.

FACTOR 1 – Technical Capability:

Note that all Offerors must use Attachment I for responses.

Technical evaluation Sections 2 and 3: Requirements outlined in Sections 2 and 3 are “must be met” requirements. The Government will review offeror responses to each of the criteria and assign a rating of either Meets Requirement (1=Pass); or, Does Not Meet Requirement (0=Fail). Additionally, offerors are advised that for each of the criteria listed in Sections 2 and 3, each response must begin with a “yes” or “no” answer followed by a supporting description. If answered “no” the offeror may provide a description, if needed. A “yes” response means the offeror can fully meet the specification requirements outlined in the individual criteria, while a “no” response indicates the offeror cannot meet the specification criteria. Offerors are advised that a “no” response with no supporting description to any of the criteria in Sections 2 and 3 will result in an automatic overall evaluation of “Does Not Meet Requirement (0=Fail) and the offeror will not be considered for award.

If the offeror has received an overall rating of “Pass” for Sections 2 and 3 requirements, Section 4 will then be evaluated as follows. For each criteria set forth in Section 4, based on offeror responses, the criteria will be rated as either Exceptional, Acceptable or Unacceptable. For each criteria rated as Exceptional, three (3) points will be assigned; for criteria rated as Acceptable, two (2) points will be assigned; while those criteria rated as Unacceptable will be assigned one (1) point. Section 4 scores will then be tallied by offeror to determine the highest point score.

Table 1.

Evaluation Definitions for Section 4

Risk Level: Very Low Risk

Risk Level: Moderate Risk

Risk Level: Very High Risk

Section 5 is provided for licensing informational purposes only to assist the offeror in submitting an accurate proposal.

FACTOR 2: - Cost/Price:

Price will be evaluated for fairness and reasonableness, and separately from other non-cost/price factors. The Government will evaluate the reasonableness of each offeror's Price proposal using one or more of the techniques defined in FAR 15.404, as supplemented. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. The evaluated price will be the total of all the priced line items for the base year and all option year periods of performance. As the collective non-cost/price factors reach equality in the evaluation, cost/price becomes a more important factor in the tradeoff analysis.

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 priced offer; and waive informalities and minor irregularities in offers received. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The competitive range will be comprised of those proposals that received an overall rating of “Pass” for the requirements in Sections 2 and 3 and received a point score for the requirements in Section 4. Alternate proposals will not be evaluated or accepted.

Solicitation Requirements, Terms and Conditions: The offeror is required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors or subfactors. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale.

Submission of Proposals: Signed proposals shall be received by September 15, 2009, no later than 2:00 PM Mountain Time. Proposals received after the date and time stated may be rejected. The proposals shall be submitted by email to: rose.roach@tma.osd.mil and cc: rebecca.reineke.ctr@tma.osd.mil, by fax at (303) 676-3866, or by mail at TRICARE Management Activity, Attention: Rose Roach, 16401 East Centretech Parkway, Aurora, CO 80011-9066. All emails and correspondence related to this solicitation shall have the solicitation number indicated in the subject block. The cut-off date for all inquiries is September 11, 2009 at 2:00 PM Mountain Time and shall be submitted only by email to: Ms. Rose Roach and cc: Ms. Rebecca Reineke.

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 best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, Source Selection, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS). The Government will select the best overall offer, based upon an integrated assessment of the offeror’s Technical Capabilities and Cost/Price. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR, as supplemented, whose proposal conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required in this solicitation) and is judged, based on the evaluation factors and subfactors to represent the best value to the Government. The Government seeks to award to the offeror who gives TMA the greatest confidence that it will best meet, or exceed, the requirements. This may result in an award to a higher-rated, higher-priced offeror, where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that the technical superiority and/or overall business approach outweighs the cost difference. The award decision will be based on an integrated assessment of proposals against all source selection criteria outlined in the solicitation (described below). While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective and, therefore, professional judgment is implicit throughout the entire process.

The Government intends to award one firm fixed price contract to support the TRICARE Chart of Accounts Conversion Tool Requirement.

Rejection of Unrealistic Offers: The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend scope of requirements

91. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

3. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

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

5. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

6. 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

7. 52.222-3 CONVICT LABOR (JUN 2003)

8. 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005)

9. 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (AUG 2009)

10. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

11. 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

12. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [SEP 2006]

13. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

14. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

15. 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

16. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

17. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

18. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

19. 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

20. 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

21. 52.233-1 DISPUTES (JUL 2002)

22. 52.233-3 PROTEST AFTER AWARD (AUG 1996)

23. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

24. 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009)

25. 52.245-1 GOVERNMENT PROPERTY (JUN 2007)

26. 52.247-34 F.O.B. DESTINATION (NOV 1991)

27. 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

28. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

29. 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

30. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

31. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2009)

32. 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2005)

33. 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

TC "1. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)" \f C \l "2"

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.arnet.gov/far.

(End of Provision) TC "2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)" \f C \l "2"

2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(Reference 4.1104) TC "3. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)" \f C \l "2"

3. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(Reference 12.301) TC "4. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)" \f C \l "2"

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

(Reference 12.301) TC "5. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)" \f C \l "2"

5. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

(Reference 14.201-6) TC "6. 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)" \f C \l "2"

6. 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

(Reference 14.201-6) TC "7. 52.222-3 CONVICT LABOR (JUN 2003)" \f C \l "2"

7. 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 22.202) TC "8. 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005)" \f C \l "2"

8. 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 2005) (Reference 22.305) TC "9. 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (AUG 2009)" \f C \l "2"

9. 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (AUG 2009)

(Reference 22.1505) TC "10. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)" \f C \l "2"

10. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(Reference 22.810) TC "11. 52.222-26 EQUAL OPPORTUNITY (MAR 2007)" \f C \l "2"

11. 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(Reference 22.810) TC "12. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [SEP 2006]" \f C \l "2"

12. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [SEP 2006] (Reference 22.1310) TC "13. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)" \f C \l "2"

13. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

(Reference 22.1408) TC "14. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)" \f C \l "2"

14. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (Reference 22.1310) TC "15. 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)" \f C \l "2"

15. 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

(Reference 22.1006) TC "16. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)" \f C \l "2"

16. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(Reference 22.1705) TC "17. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)" \f C \l "2"

17. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 25.1103) TC "18. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)" \f C \l "2"

18. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (Reference 32.1110) TC "19. 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)" \f C \l "2"

19. 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008) (Reference 232.7004) TC "20. 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)" \f C \l "2"

20. 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(Reference 232.7102) TC "21. 52.233-1 DISPUTES (JUL 2002)" \f C \l "2"

21. 52.233-1 DISPUTES (JUL 2002)

(Reference 33.215) TC "22. 52.233-3 PROTEST AFTER AWARD (AUG 1996)" \f C \l "2"

22. 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 33.106) TC "23. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)" \f C \l "2"

23. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 33.215) TC "24. 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009)" \f C \l "2"

24. 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009)

(Reference 44.403) TC "25. 52.245-1 GOVERNMENT PROPERTY (JUN 2007)" \f C \l "2"

25. 52.245-1 GOVERNMENT PROPERTY (JUN 2007)

(Reference 45.107) TC "26. 52.247-34 F.O.B. DESTINATION (NOV 1991)" \f C \l "2"

26. 52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 47.303-6) TC "27. 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)" \f C \l "2"

27. 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.

(End of clause) TC "28. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)" \f C \l "2"

28. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 511210.

(2) The small business size standard is $25M.

(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)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronic ally, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

/_/ (i) Paragraph (d) applies.

/_/ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

__________ (i) 52.219-19, Small Business Concern Representation for the

Small Business Competitiveness Demonstration Program.

__________ (ii) 52.219-21, Small Business Size Representation for Targeted

Industry Categories Under the Small Business Competitiveness

Demonstration Program.

__________ (iii) 52.219-22, Small Disadvantaged Business Status.

__________ (A) Basic.

__________ (B) Alternate I.

__________ (iv) 52.222-18, Certification Regarding Knowledge of Child

Labor for Listed End Products.

__________ (v) 52.222-48, Exemption from Application of the Service

Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment Certification.

__________ (vi) 52.222-22 Exemption from Application of the Service

Contract Act to Contracts for Certain Services-Certification.

__________ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of

Recovered Material Content for EPA-Designated Products

(Alternate I only).

__________ (viii) 52.223-13, Certification of Toxic Chemical Release

Reporting.

__________ (ix) 52.227-6, Royalty Information.

__________ (A) Basic.

__________ (B) Alternate I.

__________ (x) 52.227-15, Representation of Limited Rights Data and

Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

| FAR | | | |

| Clause | Title | Date | Change |

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision) TC "29. 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)" \f C \l "2"

29. 252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

(a) "Definitions." As used in this clause--

"Central Contractor Registration (CCR) database" means the primary Government repository for contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means--

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an "NCAGE code.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

"Registered in the CCR database" means that¿-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor¿s CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records "Active." The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

TC "30. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)" \f C \l "2"

30. 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 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 o 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):

Number of Employees Average Annual 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 applic ation 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…