HDEC02-09-R-0006.doc

Section SF 1449 - CONTINUATION SHEET

MAGAZINES in CONUS COMMISSARIES

FFP

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 178 commissaries in the Contiguous United States (CONUS) to include Alaska and Hawaii. Price is represented as a "total" fixed percentage of savings off the cover price of the magazines offered to the commissary patrons, inclusive of all publisher and/or wholesaler allowances.

FOB: Destination

PURCHASE REQUEST NUMBER: HQCXXX9127MAGS

ESTIMATED

NET AMT

0001AA

Base Period 24 months

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 178 commissaries in the Contiguous United States (CONUS) to include Alaska and Hawaii.

The Base Period of Performance will commence approximately 30 calendar days after notification of contract award (or date as specified by the Contracting Officer) and continue for 24 consecutive months.

BASE PERIOD PERCENT OF PATRON SAVINGS:

First 12 Consecutive months: ____________________% Second 12 Consecutive months: _____________________%

ESTIMATED

0001AB

Option Year One

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 178 commissaries in the Contiguous United States (CONUS) to include Alaska and Hawaii.

Option Year One may be exercised to extend the Period of Performance for 12 consecutive months.

Percentage of Patron Savings: ____________________%

ESTIMATED

0001AC

Option Year Two

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 178 commissaries in the Contiguous United States (CONUS) to include Alaska and Hawaii.

Option Year Two may be exercised to extend the period of performance for 12 consecutive months.

ESTIMATED

0001AD

Option Year Three

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 178 commissaries in the Contiguous United States (CONUS) to include Alaska and Hawaii.

Option Year Three may be exercised to extend the period of performance for 12 consecutive months.

ESTIMATED

MAGAZINES in OCONUS COMMISSARIES

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 68 commissaries overseas (OCONUS), Including Puerto Rico, the Far East and Europe.

Price is represented as a "total" fixed percentage of savings off the cover price of the magazines for the commissary patrons, inclusive of all publisher and/or wholesale discounts/allowances.

PURCHASE REQUEST NUMBER: HQCXXX9127MAGS

ESTIMATED

0002AA

Base Period 24 Months

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 68 overseas (OCONUS) commissaries including Puerto Rico, Europe, and the Far East.

The Base Period of Performance will commence approximately 30 calendar days after notification of contract award (or date as specified by the Contracting Officer) and continue for 24 consecutive months.

BASE PERIOD PERCENT OF PATRON SAVINGS

First 12 consecutive months: ___________________%

Second 12 consecutive months: ____________________%

ESTIMATED

0002AB

Option Year One

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 68 overseas (OCONUS) commissaries including Puerto Rico, Europe, and the Far East.

Option Year One may be exercised to extend the period of performance for 12 consecutive months.

ESTIMATED

0002AC

Option Year Two

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 68 overseas (OCONUS) commissaries including Puerto Rico, Europe, and the Far East.

Option Year Two may be exercised to extend the period of performance for 12 consecutive months.

ESTIMATED

0002AD

Option Year Three

Purchase, Distribution and Merchandising of approximately 55 Magazine Titles and "Special Issues" of those titles to approximately 68 overseas (OCONUS) commissaries including Puerto Rico, Europe, and the Far East.

Option Year Three may be exercised to extend the period of performance for 12 consecutive months.

ESTIMATED

CLAUSES INCORPORATED BY FULL TEXT

IMPORTANT NOTICE

Upon award of this contract, the Agency intends to make public the total contract award amount, as well as any awarded individual contract line item pricing(CLIN and Sub-CLIN), within the Agency's electronic reading room located @ www.commissaries.com.

Unexercised Option year prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

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)

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO FAR 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 Directors listed in Attachment B1 and/or Attachment B2. Telephone numbers for making appointments are also listed at these attachments. 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 Patterson Matherne or Phyllis A. McGowan, Resale Contracting Division (PSCS), 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 804-734-8009-pause button two times, ext. 78908. 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 November 24, 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 Request for Proposal (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 30a, 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, Certitication 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 Standard Form 1449 Continuation Sheet(s). There are two separate contract line item numbers (CLINs) under this requirement.

CLIN 0001 is for all magazine requirements for the CONUS store locations, to include Alaska and Hawaii. Provisions of Title 10 United States Code Section 2495 (b) – Sale or rental of sexually explicit material prohibited - is applicable; as referenced at Addendum to FAR 52.212-4. All deliveries associated with CLIN 0001 are FOB Destination.

CLIN 0002 is for all magazine requirements for the OCONUS store locations. Provisions of Title 10 United States Code Section 2495(b) – Sale or rental of sexually explicit material prohibited - is applicable, as referenced at Addendum to FAR 52.212-4. All deliveries associated with CLIN 0002 are coded “FOB Variable” and will allow for second destination transportation charges to commercial bills of lading to pay for overseas support.

Following award, the Contractor receiving award will contact the DeCA Transportation Office ATTN: Arlene Ripp, Transportation Manager, telephone 804-734-8000 ext. 48314, for instructions as to which commercial carrier will be used to transport the selected magazines for OCONUS locations. The contractor will be responsible for packaging the magazines for individual store delivery into air cans for transport. The commercial carrier will notify DeCA through the Power Track System of the number of pallets of Air Cans for each commissary. The commercial carrier will deliver these magazines to the individual stores, and the magazines will be received by DeCA personnel. At delivery to the commissary, the commercial carrier will notify DeCA of delivery, again using the U S Bank’s Power Track System. Following commissary receipt, an employee of the Contractor will merchandise the new magazines in the proper position in the racks, and will remove expired/unsold magazines from the racks. After the store has completed a VCM for unsold magazines the Contractor is responsible for the removal of the magazines from the commissary. These magazines may be recycled at the individual commissaries should that be an option, donated to the Morale, Welfare and Recreation Recycling Program where available, recycled through other military installation recycling programs, or destroyed, depending on the requirements of the state or country in which the commissary is located or the Status of Forces Agreement (SOFA) for that country.

An Offeror may choose to submit an offer for CLIN 0001 only, for CLIN 0002 only, or for both CLINs. The proposal must comply with all terms and conditions for each CLIN(s) selected. If both are selected then address each CLIN individually concerning your capability to meet the requirement. In addition, the proposal must contain a separate but consolidated list of the individual UPC codes for all applicable magazine titles provided under this solicitation (CLIN 0001, CLIN 0002, or both, as applicable). Each CLIN will be evaluated separately, under this solicitation.

*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.

Awardee(s) will be required to:

Update or register with the Central Contractor Registration (CCR) and 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.

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. The 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. The package must contain an original plus three (3) copies of the complete proposal. Electronic and 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. The Government does however, reserve 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 waive 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. Standard Form (SF) 1449. This form must be completed to include the following entries:

a. Block 17a – to include the Contractor’s business name and address, Data Universal Numbering System (DUNS) Number and the CAGE Code. Note: The DUNS number must match the information submitted in the Central Contractor Registration (CCR) Database, the Electronic Funds Transfer (EFT), and Electronic Data Access (EDA). Registration in the CCR, EFT, EDA, and DUNS are mandatory for award eligibility. CAGE Codes may be obtained by contacting CCR-Office Services. All database registrations shall contain complete, accurate, and current information.

b. Blocks 30a, b & c must be completed by someone authorized to contractually bind your company.

2. Price. The offeror will provide a completed SF1449 Continuation sheet(s) from the schedule of supplies/services in this solicitation. There are two separate contract line item numbers (CLINs) under this requirement. You may offer for only one CLIN or for both. You must offer a percentage of savings in the base performance period, and all option years for each CLIN for which you are proposing. Although the Percentage of Savings may be a different number for each CLIN, and may change for each option year, the percentage offered may not vary for individual stores within the CLIN. NOTE: The minimum acceptable percent of savings on this solicitation is 25% , however, the Defense Commissary Agency has an overall goal of at least 30% savings to the Commissary Patron.

Related information. As this solicitation is for a fixed-price 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.

3. 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 within 10 days after issue date in Block 6 of SF 1449 in order to facilitate the Government’s ability to reduce evaluation time period.

a. 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/Timliness of Deliveries. 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 required 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 deliveries of magazines 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.

b. 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 information about your company including experience in providing magazines to commercial industry as well as any contracts that your firm currently has or previously had with any other Government agencies.

c. 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.

d. Offerors shall send all past performance references 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 HDEC02-09-R-0006 for the provision, distribution and merchandising of magazines to commissaries in either the Continental United States (CONUS), the (OCONUS) stores in Europe, the Far East and Puerto Rico, or for both proposals.

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.

4. Technical Capability. Each Offeror shall submit a technical capability proposal – a written narrative not to exceed 10 pages in length that sufficiently addresses each of the specific evaluation factors of this solicitation.

It is important that your technical proposal address all of the factors identified herein as this will be the basis for the government’s technical evaluation of your offer.

a. Experience.

- Provide general information about your company, to include the number of years you have been performing these or similar services. Describe your experience with magazine distribution and in-store merchandising with commercial industry, as well as any contracts that your firm currently has or previously had with any other Governmental Agencies.

- Submit a detailed but succinct plan that explains the accounting procedure(s) to be utilized by your firm to monitor the percentage discounts to the Government to ensure that the lowest possible price is being offered to the commissary patron.

b. Distribution and In-Store Merchandising.

- Describe the transportation system (infrastructure) you propose that will ensure that the required products will be delivered to the individual store locations in a timely manner.

- Describe the plan for ensuring that “current” and any “special” editions of each publication are available on the racks, to include a description of how soon after the individual publications become available to the general public they will be placed in the commissaries.

-Describe the plan for continuity of controls that will ensure the physical safety and protection of product from end to end; from time products are received from the manufacturer to delivery at each commissary. Explain how this will be accomplished.

-Describe the plan for maintaining (e.g., in-stocking) the magazine product on the racks at individual commissary locations, to include the expected frequency of delivery to each location.

5. Solicitation Amendments. Amendments may be issued against this solicitation. You are required to sign and date any amendments issued against this solicitation and return the amendment(s) with your proposal.

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

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 or Moroccan 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…