09-R-0002.doc

Section SF 1449 - CONTINUATION SHEET

Lot

Seafood Market Resale Operations

FFP

Supplier to operate seafood markets at Agency commissaries at NAS Jacksonville, FL; NS Mayport, FL; and MacDill AF, FL (See Performance Work Statement for details).

Seafood products ownership shall remain with the Supplier until sold (scanned) through the Agency's front-end system. Supplier is to provide a fixed percentage of savings (see Paragraph below) to DeCA patrons on each item sold through the in-store "fresh" seafood market. This percentage represents the minimum amount of savings the Supplier will provide to the patron based on the price of a like item, of like quality in the local commercial area of survey. The price is measured prior to the addition of the surcharge. The local commercial area survey definition is the area within a 10-mile radius from an installation's perimeter. Seafood products sold to DeCA patrons shall be from an approved source, which are found in the "Worldwide Directory of Sanitarily Approved Food Establishment for Armed Forces Procurement", or provide proof of other Federal inspections accepted by the U.S. Army Veterinary Command. The U.S. Army Veterinary Command directory is available at website http://vets.amedd.army.mil/86256F90007C2D1D/VETCOM. An award shall not be made to any Supplier that is not from an approved source.

Price is represented as a "total" fixed percentage of savings off the price offered to the commissary patron for each seafood product item, inclusive of all supplier, vendor and/or wholesaler discounts/allowances for the performance period.

Performance period begins on June 1 2009, or later and ends on May 31, 2011. Minimum Percentage of Savings shall be quoted FOB: Destination.

FOB: Destination

PURCHASE REQUEST NUMBER: HQCXXX8056SEAFOOD

NET AMT

0001AA

BASE PERFORMANCE PERIOD

FFP

Seafood market resale operations at NAS Jacksonville, NS Mayport and MacDill AFB to begin performance base period:

June 1, 2009, or date of award, whichever is later, through May 31, 2011. The performance start date may be delayed subject to mutual agreement of all parties.

First 12 consecutive months percentage of patron savings: _______%

Second 12 consecutive months percentage of patron savings: _____%

NET AMT

0001AB

FFP

Seafood market resale operations at NAS Jacksonville, NS Mayport and MacDill AFB For the period: June 1, 2011, through May 31, 2012.

Percentage of patron savings: _______ %

NET AMT

0001AC

FFP

Seafood market operations for NAS Jacksonville, NS Mayport, and MacDill AFB, for the period: June 1, 2012, through May 31, 2013.

NET AMT

0001AD

FFP

Seafood market operations for NAS Jacksonville, NS Mayport, and MacDill AFB, for the period: June 1, 2013, through May 31, 2014.

NET AMT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

CLAUSES INCORPORATED BY FULL TEXT

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.; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

ADDENDUM FAR 52.212-1

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Acceptance of Offers: The period of acceptance of offers shown in paragraph (c) of the clause is changed to 90 days.

Site Visit: Offerors are encouraged to visit each commissary covered by the solicitation. Arrangements for a site visit can be made with the respective Store Director listed below. Telephone numbers for making appointments are as follows:

Florida Cluster:

NAS Jacksonville, 951 Allegheny Ave. NAS Jacksonville, FL. 32212-0042. Store Director: John C. Moore, phone 904-542-5311 Ext. 7140.

NS Mayport, 2294 Mayport Road #51, Atlantic Beach, FL 32233. Store Director: John A Vierling, Jr., phone 904-249-7524 ext 201

MacDill AFB, 908 N. Boundary Blvd., Macdill, AFB, FL 33621-5009. Store Director: Ron Rogers, phone 813-828-3361.

NOTICE: Offerors are free to ask questions during the site visit, but are advised that such information exchange is informal, may not conform to the terms and conditions of this solicitation, and does not bind the Government in any way.

Questions Concerning the Solicitation: Offerors are invited to submit initial questions in writing to Defense Commissary Agency, Resale Contracting Division, ATTN: Nancy Matherne or Phyllis McGowan, 1300 E Avenue, Fort Lee, Virginia 23801-1800, or via e-mail to nancy.matherne@deca.mil or phyllis.mcgowan@deca.mil , or by facsimile to 804-734-8000 ext. 48908. If the government decides, as a result of questions asked, that there are issues that need to be addressed to all potential offerors, an amendment to the solicitation will be issued reflecting those questions. All questions of technical and/or contractual nature must reach this office by January 21, 2009. A consolidated list of questions and answers, if applicable, may be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation.

A. GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSAL:

1. Compliance with RFP Instructions. The Government will assess the extent to which each offeror complies with the instructions in this RFP. The government will consider any failure to comply with these instructions to be indicative of the kind of behavior that it can expect during contract performance and of a lack of capability to perform satisfactorily.

2. Submit an offer.

a. Proposal Package.

A written proposal shall contain the completed Standard Form 1449 with completion of Block 17a (to include DUNS* number) and blocks 30 a, b, and c, by someone in your company who has the authority to bind the company contractually; any/all properly executed amendments; and completed fill-ins to clauses set forth in Clause FAR 52.209-5, Certification Regarding Responsibility Matters, Clause FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, Clause FAR 52.232-4500, Delivery Ticket Invoice Procedure, DFARS 52.247-7022, Representation of Extent of Transportation by Sea, and DFARS 252.212-7000, Offeror Representations and Certifications-Commercial Items, all included in this solicitation. Also necessary is the completed pricing information for the base period, and options on the Section SF 1449 Continuation Sheet(s). You must offer on all locations within the cluster in order to be considered for award.

* The DUNS must match the information in the Central Contractor Registration (CCR) and Electronic Funds Transfer (EFT) databases. Registration in the CCR, EFT, and a DUNS are mandatory for award eligibility.

· Update or register with the Central Contracting Registry (CCR) & Electronic Funds Transfer (EFT) on-line; www.ccr.gov ; CCR customer service: 1-888-227-2423

· Update or register with the Electronic Data Access (EDA) on-line; http://eda.ogden.disa.mil ; EDA customer service: 1-800-392-1798 (select option 8)

· Update or register with the Wide Area Workflow-Receipt and Acceptance (WAWF-RA) on-line; https://wawf.eb.mil ; WAWF-RA customer service: 1-866-618-5988/1-801-605-7095

· Update or register with the Offeror Representations and Certifications (ORCA) on-line; http://orca.bpn.gov; ORCA customer service 1-888-227-2423

B. GENERAL INFORMATION

1.

Written Proposal. Proposal will be subject to an initial screening by the Contracting Officer for completeness and compliance with proposal preparation requirements. Only those proposals meeting the proposal preparation requirements of this solicitation may be evaluated further. Mail your completed proposal package to the address in Block 9, Standard Form (SF) 1449, ATTN: Nancy P. Matherne. On the face of the outside lower left corner of your envelope - in conspicuous print - state the solicitation number, date and time for receipt of offers, and the office designated to receive the offers (DeCA/PSCS, ATTN: Nancy P. Matherne). The Proposal Package must be received no later than the date & time shown in Block 8 of the SF 1449, and the package must contain an original plus one (1) copy of the complete proposal. Facsimile proposals WILL NOT be accepted.

2. Contract Award. OFFERORS ARE HEREBY ADVISED THE GOVERNMENT INTENDS TO EVALUATE OFFERS AND AWARD WITHOUT DISCUSSIONS, THEREFORE, OFFERORS SHOULD PROPOSE THEIR BEST OFFER INITIALLY. However, the Government reserves the right to conduct discussions. In accordance with FAR 15.306(D)(2), the objective of discussions is “to maximize the Government’s ability to obtain best value, based on the requirement and the evaluation factors set forth in the solicitation.” Should discussions be deemed necessary due to proposal weakness, deficiency, or other issues which must be addressed before award, they will be conducted either orally and/or in writing, with only those offerors determined to be within the competitive range. The Government may reject any or all offers if such action is in the public interest, and waives informalities and minor irregularities in offers received.

3. Subcontracting Plan. A small business subcontracting plan may be required prior to award. Upon notification that a subcontracting plan is required, you must provide a subcontracting plan by the date specified in the notification. The plan will be evaluated for compliance with FAR 19.704 and DFARS 219.704. Failure to submit and negotiate an acceptable plan within the time period specified by the Contracting Officer shall make the offeror ineligible for award of a contract.

4. Teaming Arrangement. When an Offeror proposes to use a subcontractor or submits an offer based on a teaming arrangement with another contractor, the Offeror must supply all of the requested information, not only as it pertains to the Offeror, but also as it pertains to the subcontractor or partner. The Offer must also provide specific evidence as to the stability of the subcontractor/teaming relationship: e.g., the previous teaming arrangements (does not have to be the same contractor or subcontractor), the duration and degree of success of those arrangements, etc.

C. PROPOSAL CONTENTS

1. Price. The Offeror will provide a completed SF1449 Continuation sheet(s) from the schedule in this solicitation. This solicitation is for a cluster of three stores and the requirement is being competed under full and open competition. You must offer a percentage of savings in the base performance period, and all option years for the cluster in order to be considered for award. Although the percentage of savings may change for each option year, the percentage offered may not vary among the three stores. The percentage of savings is to be calculated based on the price to the patron at check-out, and does not include the surcharge. Each offeror’s proposal must include a written narrative that sufficiently addresses each specific factor listed below.

Related Information. As this solicitation is for a firm fixed-priced contract award conducted under FAR part 12, Commercial Items, and adequate competition is expected, no cost or pricing data is required. However, the Contracting Officer reserves the right to require such data if unable to determine the proposed price to be reasonable or realistic or to resolve any apparent unbalanced pricing.

2. Past Performance. Offerors shall submit the following information as part of their proposal for their company, and all proposed major subcontractors, partners, members of a teaming arrangement, members of a joint venture, etc. NOTE: this information should be submitted as soon as practicable in order to facilitate the Government’s ability to reduce evaluation time period.

(i) A list of three to five contracts and/or subcontracts completed during the last three years, or currently in progress that are relevant to the requirements of this solicitation and that demonstrate the offeror’s ability to perform the proposed effort. This information may be related to the supply of products, as well as the performance of services. These references must be able to provide information on their business experiences with your company relating to the following: (1) quality history/overall customer satisfaction, and (2) business relations, to include the business aspects of performance. Contracts listed shall include other government agencies, agencies of any state or local government, and any commercial customers or suppliers. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts, as require above, wherein the past performance of key personnel may be obtained for assessment. Include the following information for each contract and subcontract:

1. Name and Address of Contracting Activity

2. Contract Number

3. Contract Type

4. Place of Performance

5. Total Contract Value

6. Reason for any termination or failure to exercise an option period

7. Contract Work (services/supplies included in the performance work statement)

8. Contracting Officer’s Name, telephone number, and e-mail address

9. Program manager’s name, telephone number, and e-mail address

10. List of Major Subcontractors.

NOTE: Offerors currently performing Seafood Market Operations for the Defense Commissary Agency are not required to provide past performance references outside of the Agency; however, such offerors may submit additional information conforming to the above requirement, if they desire to do so, which will be included in the evaluation of their past performance.

(ii) The past performance information should be relevant to contracts on which the offeror, or any proposed subcontractor has performed, is performing, or is performing as a prime contractor or subcontractor. Offerors may selectively provide information on contracts that provide the best evidence of technical and managerial experience relative to the requirements of the contract. Provide general information about your company and experience in providing in-store operations of the same or similar size and scope with commercial industry as well as any contracts that your firm currently has or previously had with any other Government agencies.

(iii) The Offeror may provide information regarding any problems encountered on the contracts and subcontracts identified above and corrective action taken to resolve those problems. The offer may provide any narrative or supporting material specific to those problems / issues limited to one one-sided page per contract/subcontract reference as deemed necessary for the government to fully understand the offeror’s past performance. Offerors should not provide general information regarding their performance of the identified contracts; general performance information will be obtained from the references.

(iv) Offerors shall send all private sector references specified as a past performance reference a letter to the following effect authorizing the reference to provide past performance information to the Government.

Dear “Client:”

We are currently responding to the Defense Commissary Agency (DeCA) Request for Proposal DECA02-09-R-0002 for the operation of seafood markets in three military commissaries located in the state of Florida. These commissaries are NAS Jacksonville, NS Mayport and Macdill AFB.

Past performance has been identified in the solicitation as a factor that DeCA intends to evaluate in the process of selecting a successful offeror. As such, they are requiring that clients of entities responding to their solicitation be identified and that their participation in the evaluation process be requested. In the event you are contacted for information on work “insert applicable firm” has performed, you are hereby authorized to respond to those inquiries, fully disclosing your assessment in the areas requested by DeCA.

We have identified Mr. / Mrs. / Ms. __________________________of your organization as the point of contact based on their knowledge concerning our work. Your cooperation is appreciated. Any questions may be directed to: ( Insert your company’s point of contact.)

NOTE: References identified by the offeror may be contacted by the Government.

If references indicate that they received no such clearance to release information to the

Government, such results may adversely affect the overall past performance rating of the

Offeror.

3. Technical Capability

a. Customer Satisfaction. The Offeror shall provide a methodology for measuring customer satisfaction, adjusting/refining levels of service and product mix to achieve the satisfaction objectives, and promote awareness of the benefits of a seafood market.

b. Increased Sales. The offer shall describe its methodology for increasing sales, to include marketing and merchandising strategies (e.g. product tastings, weekly specials, recipe cards, etc). The offer shall describe how it will identify and adjust to demographic and cultural changes within the customer base to increase sales. Using this information as a foundation, the offer shall provide a proposed percentage of sales increase per individual store for each of the performance periods listed. (NOTE: The historical sales data for each store location is provided in Attachment 3 of this solicitation.) Describe the plan to monitor the percentage of sales to the Government to ensure that the lowest possible price is offered to the commissary patrons. Your proposed percentage of sales increases will be incorporated into the resultant contract and will be applicable to the performance periods as indicated. Your ability to meet or exceed these projected percentages will become a part of the consideration in making the decision for exercising the option years.

Percentage of increased sales

NAS Jacksonville

NS Mayport

MacDill AFB

c. Continue Customer Savings. The Offeror shall describe its processes for identifying and controlling product cost drivers, implementing industry best practices, and all other aspects to its long-term approach to providing continued customer savings.

d. Quality Assurance Program. The Offeror shall outline its Quality Assurance process for measuring and monitoring such areas as inspection techniques, and process control methods.

ADDENDUM FAR 52.212-2

EVALUATION -- COMMERCIAL ITEMS

1. BASIS OF AWARD. The successful offeror to receive the contract award will be determined using the Best Value Trade-Off method, in accordance with FAR 15.3. As a result of this solicitation, the Government will award one contract, for the cluster of stores, covered herein, to the responsible offeror whose offer conforms to the solicitation and is the most advantageous to the Government, considering Technical Capability, Past Performance, and Price (percentage of patron savings). The award resulting from this solicitation will be on an all or none basis. Each offeror’s rating, in the areas specified herein, will demonstrate the extent and quality of the offeror’s ability to perform. Each offeror’s technical capability and past performance will be evaluated utilizing the factors shown below.

a.

Technical Capability Customer Satisfaction

Increase Sales

Continue Customer Savings

Quality Assurance Program b.

Past Performance

Quality History/ Overall Customer Satisfaction Business Relations

c. Price

As a best value trade-off acquisition, the Government reserves the right to award to other than the offeror with the most favorable price, or the offeror with the highest ranked technical or past performance rating.

2. RELATIVE ORDER OF IMPORTANCE. Of the evaluation factors shown above, the evaluation factor “Technical Capability” is significantly more important than “Past Performance.” The evaluation factors within Technical Capability, “Customer Satisfaction,” “Increase Sales.” Continue Customer Savings,” and “Quality Assurance Program” are equally important.

Within Past Performance, “Quality History/Overall Customer Satisfaction” is equal to, “Business Relations.”

Technical Capability and Past Performance, when combined, are considered to be significantly more important than Price(Percentage of Patron Savings).

3. PAST PERFORMANCE. Past performance will be evaluated based on the offeror’s relationship and performance history with their customers and suppliers. In evaluating past performance, the Government will use the references provided by the offeror and other sources of information, including, but not limited to: Federal, State and local Government agencies, better business bureaus, published media, and electronic databases, including any information available in PPIRS. The Government will also consider all in-house information available such as Past Performance Surveys, e-mails, and correspondence on file regarding the offeror’s performance on current DeCA Contracts. The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance, but an offeror’s overall past performance history. The Government will seek to determine whether the offeror has consistently complied with the terms and conditions of contracts and the standard of quality products provided under their contracts, the likelihood of the offeror’s overall business methodology and quality assurance approach in successfully providing customer satisfaction, increasing sales, and continuing customer savings throughout the performance period of the contract. This determination is subjective and a matter of judgment.

4. PRICE. The Government will evaluate the proposed percent of patron savings off each individual seafood item compared to the same or similar products sold in current commercial markets, to determine price realism in relation to the total requirements of the solicitation and the offeror’s technical proposal. Price will be evaluated without the inclusion of the surcharge. An evaluated price for the base period and all option years will be made by adding the evaluated price for each option year to the evaluated price for the base period. Evaluation of the option years shall not obligate the Government to exercise these terms, except as otherwise described within the solicitation.

5. SOURCE SELECTION DECISION. The Best Value Trade-Off method will be utilized to determine the contract award. The source selection decision will be determined by comparing the differences in the value of the technical approach and performance history with the differences in price. If the Contracting Officer considers a higher rated Technical Capability/Past Performance proposal to be worth a lower evaluated price (percentage of savings) then, the most capable, lower evaluated price will be the better value and will be selected for award. If not, then the lower rated, higher evaluated price offer will be the best value and will be selected for the award. Award will be made to the offeror whose proposal contains the combination of those criteria offering the best overall value to the Government.

6. NOTIFICATION. A written notice of award or acceptance of a proposal 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 specified expiration time for offers, the Government may accept an offer whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award. If the Contracting Officer requires a Small Business Subcontracting Plan, the offeror will be notified at a later date to provide this product. Once notified of the need to submit a Small Business Subcontracting Plan, the offeror must provide the requested plan by the requested date in order to remain eligible for award. If applicable, Small Business Subcontracting Plans are evaluated in accordance with FAR 19.704, prior to any contract award.

7. ESTIMATED VALUE OF CONTRACT. The estimated value of the contract will be determined by adding the total monthly historical sales as shown in the solicitation for the last 12 months for each store covered by the solicitation/contract.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008) ALTERNATE I (APR 2002)

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 (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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 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 small business concern" means a small business concern--

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

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

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

(b) (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 (m) 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 a 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--Supplies.''

(2) Foreign End Products:

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

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

(List as necessary)

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

(g)

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

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

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

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

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision)…