Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

DELICATESSEN & BAKERY OPERATIONS

FFP

Commissary delicatessen and bakery resale operations in the Great Lakes Cluster of the East Region for Great Lakes NS, IL; Selfridge ANGB, MI; Harrison Village, IN; Wright-Patterson AFB, OH; Fort Knox and Fort Campbell, KY. All six locations have both a deli and a bakery. Wright Patterson, Fort Knox and Fort Campbell have contractor operated cash registers. The area of survey for each of these locations is 10 miles from the installation perimeter (see Performance Work Statement, Technical Exhibit A, Para. 1.2.3.). In the event that two comparable commercial supermarkets are not available within the 10-mile radius from the installation perimeter, the Contractor shall contact the Contracting Officer to request an increase of the survey area.

The base performance period consists of two consecutive 12-month periods. Two 1-year option periods are also available. The contract performance period may be extended in one year "Award Term" increments. (See Technical Exhibit, Award Term Plan).

Contractor is to submit their proposal price as a percentage of patron savings. This amount, expressed as a percentage, is what the contractor will save the commissary patron on each individual high volume core item identified below, inclusive of all the locations within the cluster.

HIGH VOLUME CORE ITEMS:

(Applicable to all Sub-Clins in this solicitation)

Honey Ham, Virginia Ham, Roast Beef, Smoked Turkey Breast, Mesquite Turkey Breast, Roasted Turkey Breast, Salami (Cotto), Provolone Cheese, Swiss Cheese, American Cheese (Premium quality tier products required. Premium quality tier is defined as: Turkey Breast - 3 or less pieces of whole muscles; Ham - inside and outside muscles, no shank or knuckle meat; Beef - Choice, cap off. Quality tier products have a low percent of pump and brand name recognition. Type and amount of additives are also considerations.)

FOB: Destination

PURCHASE REQUEST NUMBER: HQCXXX2010077

NET AMT

0001AA

BASE PERFORMANCE PERIOD

FFP

Delicatessen and Bakery Operations

Base Performance Period to begin:

September 1, 2010 through August 31, 2012.

First consecutive 12 months of Base Performance Period

Percentage of patron savings on Deli Core Items: ___________ %.

Second consecutive 12 months of Base Performance Period

Percentage of patron savings on Deli Core Items: ___________ %.

NET AMT

0001AB

FFP

Delicatessen and Bakery Operations

First Option Performance Period to begin:

September 1, 2012 through August 31, 2013

Third consecutive 12 months of First Option Performance Period

NET AMT

0001AC

FFP

Delicatessen and Bakery Operations

Second Option Performance Period to begin:

September 1, 2013 through August 31, 2014

Fourth consecutive 12 months of Second Option Performance Period

NET AMT

0001AD

FFP

Delicatessen and Bakery Operations

Earned for overall excellent performance during the first consecutive 12 months of the base performance period, September 1, 2010 through August 31, 2011.

Award Term One Performance Period to begin:

September 1, 2014 through August 31, 2015

NET AMT

0001AE

FFP

Delicatessen and Bakery Operations

Earned for overall excellent performance during the second consecutive 12 months of the base performance period, September 1, 2011 through August 31, 2012.

Award Term Two Performance Period to begin:

September 1, 2015 through August 31, 2016

NET AMT

0001AF

FFP

Delicatessen and Bakery Operations

Earned for overall excellent performance during the third consecutive 12 months of the first option performance period, September 1, 2012 through August 31, 2013.

Award Term Three Performance Period to begin:

September 1, 2016 through August 31, 2017

NET AMT

0001AG

FFP

Delicatessen and Bakery Operations

Earned for overall excellent performance during the fourth consecutive 12 months of the second option performance period, September 1, 2013 through August 31, 2014.

Award Term Four Performance Period to begin:

September 1, 2017 through August 31, 2018

NET AMT

CLAUSES INCORPORATED BY REFERENCE

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 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

FAR 52.212-1 ADDENDUM –INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Acceptance of Offers. The period of acceptance of offers shown in paragraph (c) of FAR 52.212-1 is changed to 90 calendar days.

Site Visit. Offerors are encouraged to visit each commissary covered by this solicitation. Requests for site visits should be coordinated through the DeCA Resale Contracting Division, Resale Services Support Branch (PSCS), Amy Williams, Contract Specialist, at 804-734-8000, extension 48408, or e-mail amy.williams@deca.mil. Information on individual locations can be found at website: www.commissaries.com.

Deli/Bakery Floor Plans for the 6 locations are available upon request.

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. No later than Tuesday June 29, 2010, offerors are invited to submit initial questions in writing to Defense Commissary Agency, Resale Contracting Division, ATTN: PSCS/Amy Williams, 1300 E Avenue, Fort Lee, Virginia 23801-1800, or e-mail at amy.williams@deca.mil. 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 and the answers.

A. GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSAL:

1. Written Proposal. The Government will assess the extent to which each offeror complies with the instructions in this RFP. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The Government will consider any failure to comply with these instructions to be indicative of the quality of the offeror’s performance and, as such, the offeror will be considered to lack the capability to perform satisfactorily.

Proposal package will be composed of two volumes assembled in the following manner:

Volume I - Section l - Complete Block 17a (to include DUNS* number), and Blocks 30 a, b, and c of the Standard Form 1449 (must be done by someone who has the authority to bind the company contractually) and insert in this section. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation with attachments.

*The DUNS must match the information in the Central Contractor Registration (CCR) and Electronic Funds Transfer (EFT) databases. Instructions for obtaining a DUNS number can be found at www.ccr.gov, under Related Links, “D & B Web Form for DUNS Number Request.” Registration in the CCR and EFT, and a DUNS are mandatory for award eligibility.

· Update or register with the Central Contracting Registry (CCR) & Electronic Funds Transfer (EFT) database on-line; www.ccr.gov

· Update or register with the Electronic Data Access (EDA) on-line; http://eda.ogden.disa.mil

· Update or register with the Offeror Representations and Certifications (ORCA) on-line: http://orca.bpn.gov Insert any/all properly executed amendments issued against this solicitation, and your completed fill-in information required by FAR 52.209-5, pertaining to certification regarding responsibility matters, FAR 52.212-3 pertaining to representations and certifications, and DFARS 252.212-7000 pertaining to transportation of supplies by sea.

Section 2 - Price. Offeror is to submit their proposal price as a percentage of patron savings. Provide pricing information for base period, options, and award term periods on the Section SF 1449 Continuation Sheet(s). (See Proposal Contents.) NOTE: Offeror must include all store locations within the cluster as identified in the Schedule in order to be considered for award.

Related Information. As this solicitation will result in 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 apparent inconsistent or unbalanced pricing.

Section 3 - Provide past performance information as required below. (See Paragraph C, Proposal Contents, below.)

VOLUME II shall contain the written technical proposal, not to exceed 100 pages, exclusive of exhibits. Narratives addressing the solicitation factors and sub-factors should be tabbed for ease of identification. Use standard 8.5 x 11 inch paper in portrait orientation. It is imperative that your written technical proposal explicitly address all of the evaluation factors and sub-factors set forth under Technical Capability below. The narrative must be written in a clear, concise fashion, describing precisely HOW the offeror proposes to perform the requirements. The inclusion of filler material from previous proposals or commercial applications should be avoided unless it has a direct application to the objective of this solicitation.

Required Number of Copies of Each Volume: Provide an original of each Volume. In addition, provide three (3) copies of Volume II (Technical Proposal).

SUBMISSION OF PROPOSAL: Deliver completed response package to the address in Block 9, Standard Form 1449. The Solicitation Number, date and time of closing, and the office designated to receive offers (DeCA/PSCS) must be clearly printed on the face of the outside lower left corner of your package. The package must be received no later than the date and time shown in Block 8 of the SF 1449. No facsimile or electronic transmissions will be accepted.

B. GENERAL INFORMATION:

1. Contract Award. OFFERORS ARE HEREBY ADVISED THE GOVERNMENT INTENDS TO EVALUATE OFFERS AND AWARD WITHOUT DISCUSSIONS; THEREFORE, OFFERS 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; accept other than the best priced offer; and waive informalities and minor irregularities in offers received.

2. 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 (Volume I, Section 2) -

The offeror will provide completed SF 1449 Continuation Sheet(s) from the Schedule in this solicitation. The offeror must include all store locations within the cluster as identified in the Schedule in order to be considered for award.

Given the applicability of the Service Contract Act (SCA) of 1965, as Amended (FAR 52.222-41), to this solicitation and the resulting contract, and since there may be periodic increases to the applicable minimum wage rates and/or health and welfare benefits associated with the workers employed under this contract, we are seeking specific information from your firm describing how any such increases will impact your proposed percentage of savings. Simply responding that an increase in wages/benefits will adversely affect the proposed percentages will be considered an insufficient response. The response to this issue should be in sufficient detail to allow for a clear, calculable, understanding of the potential impact. You may elect to provide detailed proposal calculations (e.g., labor costs, supplies/equipment costs, etc.) and/or pricing data that was not otherwise provided with your proposal, and include a sample calculation of the impact of a proposed future change. By whatever means elected, your explanation should be detailed enough so as to not require additional follow-up questions from the Contracting Officer on this matter.

Additionally, pricing of CLINs 0001AA, 0001AB, 0001AC, 0001AD, 0001AE, 0001AF, 0001AG (Cluster 1) shall include all labor, materials, overhead, and profit costs for the work effort required to operate and manage the deli/bakery at the locations set forth in the schedule.

2. Past Performance (Volume 1, Section 3) -

NOTE: Offeror’s currently performing 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 requirements below, which will be included in the past performance evaluation.

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 to facilitate reduction of the evaluation time period, but NO LATER THAN 4:00 P.M. FRIDAY, July 9, 2010. FAXES ARE ALLOWED AT (804) 734-8009, pause, pause, 78408 (ATTN: Amy Williams, OR VIA E-MAIL TO: amy.williams@deca.mil.)

Information shall be provided on three to five contracts and/or subcontracts completed during the last three years, or currently in progress, that are similar in nature 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 willing 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. Newly formed entities, without prior experience as set forth above, 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:

Name and Address of Contracting Activity

Contract Number

Contract Type

Place of Performance

Total Contract Value

Information on any significant awards or accomplishments exceeding the expectations of the contract(s) (if applicable)

Reason for any termination or failure to exercise an option period or earn an award term (if applicable)

Contracted Work (services/supplies included in the performance work statement)

Contracting Officer’s Name, Telephone Number, and e-mail Address

Program Manager’s Name, Telephone Number, and e-mail Address

List of Major Subcontractors, if applicable

The Offer may provide any narrative or supporting material limited to two, one-sided pages, per contract/subcontract reference as deemed necessary for the Government to fully understand the offeror’s past performance. The past performance information should be relevant to contracts on which the offeror, or any proposed subcontractor has performed, 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 this requirement.

The offeror may provide information regarding any problems encountered on the contracts and subcontracts identified above and corrective action taken to resolve those problems. Offerors should not provide general information regarding their performance of the identified contracts. General performance information will be obtained from the references.

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 HDEC02-10-R-0005 for the operation of deli/bakeries in the Great Lakes Area of the US.

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:

3. Technical Capability (Volume 2) –

Customer Satisfaction.

(1). The offeror shall identify a methodology they will employ for measuring customer satisfaction, adjusting/refining levels of service and product mix to achieve the satisfaction objectives, and promoting awareness of the benefits of the managed services. The offer shall identify metrics to be employed in monitoring and measuring customer satisfaction based on the performance work statement. The offeror shall identify techniques and any additional tools necessary to support the managed services to promote customer satisfaction.

(2) The offeror shall identify any procedures and/or additional tools required to support the in-store deli/bakery services in promoting customer satisfaction.

Increase sales.

(1) The offeror shall describe its principles, practices, and procedures for increasing sales, to include marketing and merchandising strategies. The offeror shall highlight any major factors influencing its ability to increase sales, and the extent of Government participation required to be successful.

(2) 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 overall deli and bakery (combined) operation sales increases per individual store for each performance period listed below. These percentages of sales increases will be calculated using the previous year’s deli and bakery (combined) operation sales as a base. These percentages represent the minimum amounts you can increase sales for the locations represented. (NOTE: The historical sales data for each store location is provided in Attachment 3 of this solicitation.) 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 Award Term decisions.

Percentage of Increased Sales*

Fort Knox

Fort Campbell

Great Lakes NS

Harrison Village

Selfridge ANGB

Wright-Patterson AFB

*Deli, bakery, and hot foods (where applicable) combined.

Continue customer savings. The offeror shall describe how it will identify and control product cost factors, implementing industry best practices, and all other aspects of its long-term approach to providing continued customer savings.

Quality assurance program.

(1)The offeror shall outline its quality assurance process for measuring and monitoring such areas as inspection techniques, and process control methods, tailored to each area of this requirement. The offeror shall identify its procedures for preventing, identifying, controlling, and correcting performance deficiencies, based on the requirements of the performance work statement.

(2) The offeror shall describe those formal and informal procedures and methods in its quality assurance system that deal with performance and management issues, to include Government/Contractor communications processes to promote exchange of relevant information.

Transition approach.

(1) The offeror shall explain its plan for assuming control of the managed services. The plan shall include milestones and procedures to ensure that all aspects of managed services will be transitioned as required.

(2) The offeror shall describe its approach to a partnership with DeCA and the incumbent contractor (as applicable) to ensure that a seamless and orderly transition to managed services occurs. (3) The offeror shall also provide similar information regarding transition to any follow-on contract that may occur in the future.

Subcontracting Plan. An offeror who is a large business per the NAICS Code 445110 for this solicitation, shall provide a small business subcontracting plan with their offer. The plan will be evaluated for compliance with FAR 19.704 and DFARS 219.704. Failure to submit an acceptable plan shall make the offeror ineligible for award of a contract.

52.212-2 ADDENDUM

FAR 52.212-2 ADDENDUM – EVALUATION – COMMERCIAL ITEMS

A. BASIS OF AWARD: The successful contractor to receive the contract award will be determined using the best value, trade-off method. The Government will award one or more contracts resulting from this solicitation to the responsible offeror/offerors whose offer represents the best value after evaluation in accordance with the factors and sub-factors in the solicitation. The following factors and sub-factors will be used to evaluate offers:

I. Technical Capability

a. Customer Satisfaction

b. Increase Sales

c. Continue Customer Savings

d. Quality Assurance Program

e. Transition Approach

II. Past Performance

a. Quality History/Overall Customer Satisfaction

b. Business Relations

III. 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.

B. RELATIVE ORDER OF IMPORTANCE OF THE EVALUATION FACTORS: 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, and significantly more important than “Transition Approach.”

Within Past Performance, “Quality History/Overall Customer Satisfaction” is equal to, “Business Relations.” For evaluation purposes, technical Capability and Past Performance, when combined, are considered to be significantly more important than Price (percentage of patron savings).

C. PAST PERFORMANCE: Past performance may 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. The Government will also consider all in-house information available, such as, but not limited to, the offeror Performance Evaluations (DeCA Form 10-17), past performance surveys, emails and correspondence on file regarding an 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 required for products and services provided under their contracts. This determination is subjective and a matter of judgment.

NOTE: Companies lacking relevant past performance history will be evaluated on past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.

D. PRICE: The Government will evaluate an offeror’s proposed percentage of savings for price realism in relation to the total requirements of the solicitation and the offeror’s technical proposal. An evaluated price will be calculated for the base period, all option periods, and all award term periods (see below formula, per cluster of stores (by CLIN). The evaluated price per cluster will be used as the estimated award amount in the resultant award.

E. EVALUATION OF PRICE: The Government will evaluate price for award purposes by adding together the evaluated price for the base period, each option period, and each award term period available under the resulting contract. As it is a common industry assumption that, based on the Pareto principle (80/20 rule), 80% of the sales are derived from 20% of the items offered for sale (these are identified as core items), the evaluated price will be determined as follows:

Historical deli sales cited in the solicitation for the applicable cluster x 80% (80/20 rule) x offeror's proposed percentage of savings for the given period = evaluated price for the given period.

The total evaluated price will be determined by adding the evaluated price for the base period, each option period, and each award term period available under the resulting contract. Evaluation of the option periods will not obligate the Government to exercise the option(s).

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

G. SOURCE SELECTION DECISION: Under this solicitation, the Best Value Tradeoff Method will be utilized to determine contract award. If the contracting officer considers a higher rated capability to be worth a higher evaluated price, then the more capable, higher evaluated priced offer will be the better value, and will be selected for award. If not, then the lower rated, lower evaluated priced offer will be the better value, and will be selected for award. This source selection decision will be made for each cluster, using the same evaluation criteria and the offeror’s proposed pricing for that cluster.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

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

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

"Women-owned 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 (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

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

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

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

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

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

(ii) It ( ) is, ( ) is not 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, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

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

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

Line Item No.

[List as necessary]

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