408R0003SOL-FedBiz.doc

Section SF 1449 - CONTINUATION SHEET

AGENCY POINT OF CONTACT

CONTRACTING:

Ms. Senta Hanson

Phone: (804) 734-8606

Senta.hanson@deca.mil, fax: (804) 734-8269

ADDENDUM 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

I. SUBMISSION OF OFFERS: [(Reference Paragraph (b)]

Note: Complete specification reference (Commissary Equipment Description, (CED)) for each line item can be accessed at www.commissaries.com. The following steps will take you to the pages where the CEDs are located:

1. To www.commissaries.com

2. To “About Us”

3. To “Business with DECA”

4. To “Equipment”

5. To “Automated Commissary Equipment Descriptions”

6. To “Search CEDs”

7. In “Search” enter the CED number for each line and search

8. The CED will open for viewing/printing

a. Proposals are to be submitted to the Defense Commissary Agency, Support and Material Handling Equipment Branch, Attn: Senta Hanson, 1300 E. Ave, Fort Lee, VA 23801-1800. The complete proposal with authorized representative’s signature must be received by the closing date and time.

b. The Offeror shall provide the following information, pricing, product description, make and model of the product offering. All information should be filled out in the solicitation including 52.212-3, 52.212-5 and 252.225-7000.

c. Offered Price: In the Schedule of Supplies/Services, enter your offered price for each individual line item and enter the extended price for stated maximum quantity for each line item. Do this for the base year and each of the four (4) option years.

II. PERIOD FOR ACCEPTANCE OF PROPOSALS: [(Reference Paragraph (c)]

Change minimum acceptance period to 90 days.

III. PERIOD MULTIPLE AWARDS: [(Reference Paragraph (h)]

Award(s) will be made to the lowest-priced, technically acceptable offeror(s) per total CLIN. Therefore it is possible that the solicitation could result in several contract awards.

ADDENDUM 52.212-2

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

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

1. Product Information: Submit descriptive literature, a matrix, or other information that demonstrates that the proposed product meets all the mandatory salient characteristics of each product specified.

2. Past Performance References: Submit at least 3 references; companies that you have conducted business with for delivery of products that are similar to those listed in this solicitation. Provide the following information for each reference:

(1) Delivery Period

(2) Company Name and Address

(3) Point of Contact Name and Title

(4) Phone Number

(5) Facsimile Number

(6) E-Mail Address

(7) Description of Product Delivered

The references will be asked to provide information on your company’s past performance with regard to timeliness of delivery, quality of products, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the Contracting Officer will also be considered. Please fax list of references to Senta Hanson (804) 734-8269 or email to senta.hanson@deca.mil

3. Price:

(b) Award will be made to the lowest-priced technically acceptable offeror. Offerors will be determined to be technically acceptable if their proposed product is rated acceptable, and by receiving a satisfactory overall rating in the past performance evaluation factor. For the proposed product to be acceptable, the offeror's product must meet or exceed the stated mandatory salient characteristics. Total evaluated price will be determined per group by applying each offeror’s unit price to the estimated quantity per sub-CLIN, and totaling all sub-CLINs for the base and option years for a total evaluated price

(c) 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 is seeking to determine whether the offeror has consistently demonstrated a genuine concern for customer satisfaction, and timely delivery of quality goods. This determination is a matter of judgment.

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

(e) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award or date of award (See Addendum to 52.212-4 regarding EDA access of orders).

ADDENDUM 52.212-4

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Provide products described in the Schedule of Supplies/Services to Defense

Commissary Agency Commissary Agency (DECA) stores.

TYPE OF CONTRACT): Indefinite Quantity, Indefinite Delivery (IDIQ) type with firm-fixed prices and with a guaranteed minimum purchase quantity for each line item.

PERIOD OF PERFORMANCE: Base: 12-month period beginning from date of award. There will be four one-year option periods.

ORDERING INFORMATION:

a. The contracting office will place orders by providing the contractor written delivery orders via the Department of Defense Electronic Data Access website at: http://eda.ogden.disa.mil/. The contractor must complete the on-line registration that is available at that address in order to have access to retrieve documents displayed there.

b. The minimum quantities that the government guarantees will be purchased per year under the contract and the maximum quantities that can be purchased per year are listed at the end of the Schedule of Supplies/Services. The quantity stated within each CLIN, base or option, is the maximum that can be ordered for that item, per year; that maximum quantity can only be changed by contract modification.

c. DECA, at its option, may choose to place consolidated orders for more than one store location. Consolidated orders may be issued for known requirements for up to a 6-month period; DECA may choose to consolidate for shorter periods, at its option. Delivery order CLINs for consolidated orders will contain the total quantity of each item being ordered. An attached spreadsheet will breakdown the order by delivery location. The spreadsheet will contain: Store name, CLIN number, quantity ordered, and requested delivery date.

d. In addition to consolidated orders, DECA may place individual delivery orders for items required outside the periods covered by consolidated orders.

DELIVERY/SHIPPING INSTRUCTIONS: Each delivery order will contain the delivery location and any other necessary delivery/shipping instructions. The contractor can find the delivery address and points of contact information for each store at www.commisssaries.com.

Required delivery is 30 days after receipt of order (ARO). The contractor may propose an alternate delivery schedule. _________Contractor accepts 30 days ARO delivery. _________Contractor proposes _____ days ARO delivery.

PAYMENT INFORMATION: The payment procedures stated in paragraph a., below, will apply at the time of contract startup; however, it is likely that in order to comply with advances in electronic commerce procedures, including Wide Area Work Flow (WAWF), the method for payment and the paying office will change during the contract performance (see paragraph b., below).

a. When the contract commences payments will be made in accordance with DFARS 252.232-7000, Mandatory Payment by Government-Wide Purchase Card (GPC) (Dec 2006). A separate invoice for each delivery will be mailed, faxed, or preferably, sent as an attachment to an e-mail, to the GPC holder named in Block 18a of each delivery order. The GPC holder will determine if the charge is justified and if so, will provide the contractor written-pre-authorization to charge the GPC. The contractor shall not make a charge without first receiving the written pre-authorization from the cardholder.

b. Clause 252.232-7003, entitled Electronic Submission of Payment Requests (May 2006), is included in this contract. Procedures for payment outlined in paragraph a., above, are intended to comply with paragraph (c) of that clause. Paragraph (c) states that if either the contractor or the government does not have the capability to process payments electronically, an alternate method is to be used; paragraph a., above, is the interim alternate method for payments under this contract. If during the period of performance of this contract, the Contracting Officer determines that DECA (including stores) and the contractor have mutual capability to comply with new electronic commerce procedures, including WAWF, the Contracting Officer may require the contractor to convert to the electronic procedures; the Contractor will be provided a 30 day advance notice before the effective date for compliance. Conversion will be at no additional cost to the government.

GROUP 1, DECA EAST, BASE YEAR

FFP

Base Year:

Wire Basket Shopping Carts for delivery to DECA Eastern Region (DECA East) commissaries in Group 1.

FOB: Destination

MAX

NET AMT

0001AA

CED# 2E02A 15,000 CU IN SHOPPING CART

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 600

MAX

0001AB

CED# 2E02D 17,000 CU IN SHOPPING CART

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 150

MAX

0001AC

CED# 2E02E 5,000 CU IN DOUBLE BASKET

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 50

MAX

GROUP 2, DECA WEST, BASE YEAR

Base Year:

Wire Basket Shopping Carts for delivery to DECA Western Region (DECA West) commissaries in Group 2.

MAX

0002AA

CED# 2E02A 15,000 CU IN SHOPPING CART

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 600

MAX

0002AB

CED# 2E02D 17,000 CU IN SHOPPING CART

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 150

MAX

0002AC

CED# 2E02E 5,000 CU IN DOUBLE BASKET

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 1:

MAX

1001AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 700

MAX

1001AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 100

MAX

1001AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 1:

MAX

1002AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 700

MAX

1002AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 100

MAX

1002AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 2:

MAX

2001AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 720

MAX

2001AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 250

MAX

2001AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 2:

MAX

2002AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 720

MAX

2002AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 250

MAX

2002AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 3:

MAX

3001AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 750

MAX

3001AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 300

MAX

3001AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

UNDEFINED

FFP

Option Year 3:

MAX

3002AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 750

MAX

3002AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 300

MAX

3002AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 4:

MAX

4001AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 800

MAX

4001AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 350

MAX

4001AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

FFP

Option Year 4:

MAX

4002AA

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 800

MAX

4002AB

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MINIMUM QUANTITY = 350

MAX

4002AC

FFP

MAKE: ________________________________

MODEL: _______________________________

WARRANTY: ___________________________

MAX

DELIVERY INFORMATION

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007)

An offeror shall complete only paragraph (k) 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 (j) 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.

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) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

___ TIN:---------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(5) Common parent.

___ Offeror is not owned or controlled by a common parent;

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

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

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

(List as necessary)

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

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

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

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

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

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

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

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

Other End Products:

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

(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12689). The offeror certifies, to the best of its knowledge and belief, that --

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

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government 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, or receiving stolen property; and

(3) ( ) are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product

Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (k)(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 (b) through (j) 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.)

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT…