RFP_08 JAN 10.doc

Section SF 1449 - CONTINUATION SHEET

ADDTL INFO FOR OFFERORS

A-1 THIS IS A FULL AND OPEN COMPETITION REQUEST FOR PROPOSAL (RFP) FOR AN INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) EFFORT. ALL OFFERoRS ARE ENCOURAGED TO PROVIDE THEIR BEST PRICE PROPOSAL IN RESPONSE TO THIS RFP. THE GOVERNMENT RESERVES THE RIGHT TO MAKE AWARD, BASED ON THE PROPOSALS RECEIVED, WITHOUT FURTHER DISCUSSIONS OR NEGOTIATIONS.

A-2 THE RESULTING CONTRACT AWARD DOES NOT COMMIT THE GOVERNMENT TO ANY QUANTITY ABOVE THE MINIMUM QUANTITIES SET FORTH.

ORDER QUANTITIES

MINIMUM:

$5,000.00

MAXIMUM:

$20,000,00.00 (contract ceiling)

A-3 contract duratiion: THE CONTRACT RESULTING FROM THIS REQUEST FOR PROPOSAL (RFP) WILL CONSIST OF ONE (1) ONE YEAR BASE ORDERING PERIOD WITH FOUR (4) ADDITIONAL ONE YEAR OPTION PERIODS. TOTAL LENGTH OF THE CONTRACT , IF ALL OPTIONS ARE EXERCISED, IS FIVE (5) YEARS.

A-4 THE CLINS OUTLINED IN THIS RFP ARE FOR THE BASE PERIOD ONLY. ALL OPTION YEAR CLINS WILL BE INCORPORATED AT TIME OF CONTRACT AWARD. BASE AND ALL OPTION YEAR CLINS WILL BE REFERENCED AS AN ATTACHMENT TO THIS RFP IN AN EXCEL SPREADSHEET. ALL PRICING WILL BE SUBMITTED ON THIS SPREADSHEET.

A-5 THE FIRST ORDERING PERIOD IS CONSIDERED TO BE FROM THE EFFECTIVE DATE OF CONTRACT AWARD THROUGH THE END OF THE TWELFTH (12TH) MONTH AFTER THE EFFECTIVE DATE OF CONTRACT AWARD.

A-6 DEFENSE INFORMATION TECHNOLOGY CONTRACTING ORGANIZATION (DITCO) IS THE ONLY AGENCY AUTHORIZED TO ISSUE ORDERS UNDER THE RESULTING CONTRACT FOR ANY FEDERAL GOVERNMENT AGENCY.

A-7 The vendor shall include engineering support services under this contract for normal day-to-day tasks in the service charge rates for data and voice usage for each aircraft delivery order. Normal day-to-day tasks include but are not limited to system monitoring, network system servicing, software patches, system upgrades, scheduled and preventative maintenance, fault reporting, troubleshooting, repairs, contract required delivery order invoices, monthly reports, quality assurance reports, periodic reviews, and other similar functions needed to comply with the service performance criteria in paragraph 2.1.1 OF THE PWS. A SEPARATE DELIVERY ORDER WILL BE ISSUED BY DITCO FOR ENGINEERING SUPPORT AS REQUIRED BY THE CUSTOMER FOR THE PARTICULAR TASK REQUESTED.

A-8 QUESTIONS REGARDING THIS RFP SHALL BE SUBMITTED NO LATER THAN 3:00 P.M. LOCAL TIME ON 22 JAN 10. ALL QUESTIONS MUST BE RECEIVED IN WRITING VIA EITHER ELECTRONIC MAIL OR FACSIMILE AT THE FOLLOWING:

CONTRACTING OFFICER:

JODY RENNER

EMAIL:

JODY.RENNER@DISA.MIL

PHONE:

(618) 229-9402

FAX:

(618) 229-9174

OR

CONTRACTING OFFICER:

DEBORAH BENSCOTER

EMAIL:

DEBORAH.BENSCOTER@DISA.MIL

PHONE:

(618) 229-9298

FAX:

(618) 229-9174

A-9 ALL QUESTIONS AND CORRESPONDING ANSWERS WILL BE POSTED TO FEDBIZOPPS.GOV

HF DATALINK

FFP

HF DATALINK (NO ACTIVATION FEE REQUIRED) PWS 6.1.5

FOB: Destination

NET AMT

000101

VARIABLE RATE

VARIABLE RATE (PER AIRCRAF TAIL/PER KILOBIT OF USAGE)

NET AMT

000102

FLAT RATE PER AIRCRAFT TAIL

FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE _________ NUMBER OF KILOBITS ARE REACHED IN A GIVEN MONTH)

NET AMT

000103

FLAT RATE PER AIRCRAFT MDS

FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE _________ TOTAL MDS KILOBITS ARE REACHED IN A GIVEN MONTH)

NET AMT

VHF DATALINK MODE 2

VHF DATALINK MODE 2 (PWS 6.1.4)

NET AMT

000201

VARIABLE RATE

NET AMT

000202

FLAT RATE PER AIRCRAFT TAIL

FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE _________ NUMBER OF KILOBITS ARE REACHED IN A GIVEN MONTH)

NET AMT

000203

FLAT RATE PER AIRCRAFT MDS

FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE _________ TOTAL MDS KILOBITS ARE REACHED IN A GIVEN MONTH)

NET AMT

VHF DATALINK ACARS

VHF DATALINK ACARS PWS 6.1.3

NET AMT

000301

VARIABLE RATE

NET AMT

000302

FLAT RATE PER AIRCRAFT TAIL

FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE _________ NUMBER OF KILOBITS ARE REACHED IN A GIVEN MONTH)

NET AMT

000303

FLAT RATE PER AIRCRAFT MDS

FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE _________ TOTAL MDS KILOBITS ARE REACHED IN A GIVEN MONTH)

NET AMT

SATCOM AERO I DATALINK

SATCOM AERO I DATALINK PWS 6.1.1

NET AMT

000401

VARIABLE RATE

VARIABLE RATE (PER AIRCRAFT TAIL/PER KILOBIT OF UAGE) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

000402

FLAT RATE PER AIRCRAFT TAIL

FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE _________ NUMBER OF KILOBITS ARE REACHED IN A GIVEN MONTH) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

000403

FLAT RATE PER AIRCRAFT MDS

FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE _________ TOTAL MDS KILOBITS ARE REACHED IN A GIVEN MONTH) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

SATCOM AERO H DATALINK

SATCOM AERO H DATALINK PWS 6.1.2

NET AMT

000501

VARIABLE RATE

VARIABLE RATE (PER AIRCRAFT TAIL/PER KILOBIT OF USAGE) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

000502

FLAT RATE PER AIRCRAFT TAIL

FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE ______ NUMBER KILOBITS ARE REACHED IN A GIVEN MONTH) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

000503

FLAT RATE PER AIRCRAFT MDS

FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE______TOTAL MDS KILOBITS ARE REACHED IN A GIVEN MONTH) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

SATCOM AERO H+ DATALINK

SATCOM AERO H DATALINK (PWS 6.1.2)

NET AMT

000601

VARIABLE RATE

VARIABLE RATE (PER AIRCRAFT TAIL/PER KILOBIT OF USAGE) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

000602

FLAT RATE PER AIRCRAFT TAIL

FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE_____ NUMBER OF KILOBITS ARE REACHED IN A GIVEN MONTH) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

000603

FLAT RATE PER AIRCRAFT MDS

FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE_____ TOTAL MDS KILOBITS ARE REACHED IN A GIVEN MONTH) (TO INCLUDE ALL POTENTIAL PROVIDERS)

NET AMT

GROUND DATALINK

GROUND/GROUND DATALINK (PWS 6.3)

NET AMT

000701

GROUND OPERATIONS CENTER

GROUND OPERATIONS CENTER-AIRLINE OPERATIONS CENTER (AOC) FACILITY MESSAGE ROUTING

NET AMT

HF/VHF AIR TO GROUND

HF/VHF AIR TO GROUND, GROUND TO AIR VOICE SERVICES (PWS 6.5)

NET AMT

000801

HF

HF (PRICED PER INDIVIDUAL POSITION REPORT CONTACT)

NET AMT

000802

VHF

VHF (PRICED PER INDIVIDUAL POSITION REPORT CONTACT)

NET AMT

AIR TO GROUND, GROUND TO AIR SATCOM

AIR TO GROUND/GROUND TO AIR SATCOM VOICE SERVICE (PWS 6.2)

NET AMT

000901

AERO-H (CABIN) VARIABLE RATE

AERO-H (CABIN) VARIABLE RATE (PER AIRCRAFT TAIL/MINUTE OF USAGE) (PRICED FOR ALL POTENTIAL PROVIDERS)

NET AMT

000902

AERO-H (CABIN) FLAT RATE FOR TAIL

AERO-H (CABIN) FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE_____ NUMBER OF MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000903

AERO-H (CABIN) FLAT RATE AIRCRAFT MDS

AERO-H (CABIN) FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE_____ TOTAL MDS MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000904

AERO-H (CREW DECK) VARIABLE RATE

AERO-H (CREW DECK) VARIABLE RATE (PER AIRCRAFT TAIL/MINUTE OF USAGE) (PRICED FOR ALL POTENTIAL PROVIDERS)

NET AMT

000905

AERO-H (CREW DECK) FLAT RATE FOR TAIL

AERO-H (CREW DECK) FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE _____ NUMBER OF MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000906

AERO-H (CREW DECK) FLAT RATE PER MDS

AERO-H (CREW DECK) FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE_____ TOTAL MDS MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000907

AERO-H+ (CABIN) VARIABLE RATE

AERO-H+ (CABIN) VARIABLE RATE (PER AIRCRAFT TAIL/MINUTE OF USAGE) (PRICED FOR ALL POTENTIAL PROVIDERS)

NET AMT

000908

AERO-H+ (CABIN) FLAT RATE FOR TAIL

AERO-H+ (CABIN) FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE_____ NUMBER OF MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000909

AERO-H+ (CABIN) FLAT RATE AIRCRAFT MDS

AERO-H+ (CABIN) FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE_____TOTAL MDS MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000910

AERO-H+ (CREW DECK) VARIABLE RATE

AERO-H+ (CREW DECK) VARIABLE RATE (PER AIRCRAFT TAIL/MINUTE OF USAGE) (PRICED FOR ALL POTENTIAL PROVIDERS)

NET AMT

000911

AERO-H+ (CREW DECK) FLAT RATE FOR TAIL

AERO-H+ (CREW DECK) FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE_____ NUMBER OF MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000912

AERO-H+ (CREW DECK) FLAT RATE PER MDS

AERO-H+ (CREW DECK) FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE______ TOTAL MDS MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000913

AERO-I (CABIN) VARIABLE RATE

AERO-1 (CABIN) VARIABLE RATE (PER AIRCRAFT TAIL/MINUTE USAGE) (PRICED FOR ALL POTENTIAL PROVIDERS)

NET AMT

000914

AERO-I (CABIN) FLAT RATE FOR TAIL

AERO-I (CABIN) FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE_____ NUMBER OF MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000915

AERO-I (CABIN) FLAT RATE PER MDS

AERO-I (CABIN) FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE_____ TOTAL MDS MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000916

AERO-I (CREW DECK) VARIABLE RATE

AERO-I (CREW DECK) VARIABLE RATE (PER AIRCRAFT TAIL/MINUTE OF USAGE) (PRICED FOR ALL POTENTIAL PROVIDERS)

NET AMT

000917

AERO-I (CREW DECK) FLAT RATE FOR TAIL

AERO-I (CREW DECK) FLAT RATE PER AIRCRAFT TAIL (BILLED AS A FLAT RATE PER TAIL ONCE_____ NUMBER OF MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

000918

AERO-I (CREW DECK) FLAT RATE PER MDS

AERO-I (CREW DECK) FLAT RATE PER AIRCRAFT MODEL DESIGN SERIES (MDS) (VOLUME DISCOUNT ONCE_____ TOTAL MDS MINUTES ARE REACHED IN A GIVEN MONTH)

NET AMT

SATCOM VOICE/DATA (CABIN ONLY)

AIR TO GROUND/GROUND TO AIR SATCOM VOICE AND DATA SERVICES FOR CABIN ONLY (PWS 6.2.3)

NET AMT

001001

SWIFT BROADBAND VOICE

SWIFT BROADBAND VOICE

NET AMT

001002

SWIFT BROADBAND DATA

SWIFT BROADBAND DATA

NET AMT

001003

MINI M VOICE SERVICE

MINI M VOICE SERVICE

NET AMT

001004

MINI M DATA SERVICE

MINI M DATA SERVICE

NET AMT

001005

SWIFT 64 - ISDN

SWIFT 64 - ISDN (INTEGRATED SERVICES DIGITAL NETWORK)

NET AMT

001006

SWIFT 64 - MPDS

SWIFT 64 - MPDS (MOBILE PACKET DATA SERVICE)

NET AMT

VALUE ADDED SERVICES

VALUE ADDED SERVICES (PWS 6.4)

NET AMT

001101

DIGITAL ATIS (D-ATIS)

DITIGAL ATIS (D-ATIS) ALL REGIONS OUTSIDE THE ASIA PACIFIC REGION (PER REQUEST) (PRIC3ED PER EVENT)

NET AMT

001102

DIGITAL ATIS (D-ATIS)

DIGITAL ATIS (D-ATIS) ASIA PACIFIC REGION (PER REQUEST) (PRICED PER EVENT)

NET AMT

001103

PRE DEPARTURE CLEARANCE

PRE DEPARTURE CLEARANCE (PDC) SERVICE

NET AMT

001104

UPLINKED OCD

UPLINKED OCEANIC CLEARANCE DELIVERY (OCD) MESSAGE CHARGER (PER KILOBIT)

NET AMT

001105

DOWNLINKED OCD

DOWNLINKED OCEANIC CLEARANCE DELIVERY (OCD) MESSAGE READBACK (PER KILOBIT)

NET AMT

001106

DIRECT SATCOM DIALING

AIRCRAFT DIRECT SATCOM DIALING (PER AIRCRAFT/MONTH)

NET AMT

001107

AIRCRAFT SITUATION DISPLAY

GRAPHICAL FLIGHT SERVICE, AIRCRAFT SITUATION DISPLAY (PER AIRCRAFT/MONTH)

NET AMT

001108

WEATHER DATA

GRAPHICAL FLIGHT SERVICES, WEATHER DATA (PER AIRCRAFT/MONTH)

NET AMT

001109

AIRPORT DATA

GRAPHICAL FLIGHT SERVICE, AIRPORT DATA (PER AIRCRAFT/PER MONTH)

NET AMT

001110

WEATHER

WEATHER - TEXTUAL AND GRAPHICAL WEATHER DATA (PER AIRCRAF/MONTH)

NET AMT

001111

TRANSMISSION OF FLIGHT PLANS

TRANSMISSION OF ELECTRONIC FLIGHT PLANS

NET AMT

DATA MANAGEMENT DELIVERABLES

DELIVERABLES (PWS 6.6)

NET AMT

001201

MONTHLY INVOICE

MONTHLY DELIVERY ORDER INVOICE

NET AMT

001202

INVOICE SUPPORTING DOCUMENTATION

MONTHLY INVOICE SUPPORTING DOCUMENTATION

NET AMT

001203

MESSAGE DATA

MESSAGE DATA (CONTINUOUS AND MONTHLY ON INVOICES)

NET AMT

001204

FINANCIAL STATUS SUMMARY

QUARTERLY FINANCIAL STATUS SUMMARY

NET AMT

001205

ENGINEERING SERVICES INVOICE

ENGINEERING SERVICES INVOICE AND SUPPORTING DOCUMENTATION (AS TASKED BY ENGINEERING SUPPORT DELIVERY ORDER )

NET AMT

001206

QUALITY OF SERVICE DATA

QUALITY OF SERVICE DATA (MONTHLY AND YEAR TO DATE)

NET AMT

ENGINEERING SUPPORT LABOR RATES

ENGINEERING SUPPORT LABOR RATES (PWS 6.7.2)

NET AMT

001301

TBD BY VENDOR

TBD BY VENDOR

NET AMT

001302

TBD BY VENDOR

NET AMT

001303

TBD BY VENDOR

NET AMT

001304

TBD BY VENDOR

NET AMT

001305

TBD BY VENDOR

NET AMT

001306

TBD BY VENDOR

NET AMT

001307

TBD BY VENDOR

NET AMT

001308

TBD BY VENDOR

NET AMT

TRAVEL

TRAVEL IN ACCORDANCE WIT THE JOINT TRAVEL REGULATION (JTR) (ALL TRAVEL CHARGES ARE PASS THROUGH) (PWS 6.7.3)

NET AMT

Transition Cost

Transition Cost, Priced as a one-time government cost, independent of other monthly service CLINs and SLINs.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 Points of Contact (AUG 2005)

Contracting Officer

Name: Jody Renner

Organization/Office Symbol: DISA/DITCO/PL8223

Phone No.: (618) 229 9402

E-Mail Address: jody.renner@disa.mil

Contracting Officer Name: Deborah Benscoter

Organization/Office Symbol: DISA/DITCO/PL8223

Phone No.: (618) 229-9298

E-Mail Address: deborah.benscoter@disa.mil

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours (Jan 2007)

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Plan (OCCIP) to the contracting officer. The OCCIP shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Low Price, Technically acceptable proposal.

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

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

(End of provision)

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;

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

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

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

(6) Have been voluntarily suspended.

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 the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

(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 ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

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

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

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

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

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

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

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

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

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

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

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

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

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

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

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

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

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

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

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

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

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(List as necessary)

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) 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,…