0412R0011 Shelving.doc

Section SF 1449 - CONTINUATION SHEET

ADDENDA

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

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

a. Proposals are to be submitted to the Defense Commissary Agency, Operations Contracting Division LEAE, Attn: Rebecca L. Antico, 1300 E. Ave, Fort Lee, VA 23801-1800. No faxed, scanned or e-mailed copies will be accepted. The complete proposal with authorized representative’s signature must be received by the closing date and time. All questions of a technical and/or contractural nature concerning this solicitation must be submitted in writing no later than February 3, 2012. 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.

b. The Offeror’s proposal shall consist of two volumes as follows:

(1) Volume I (original only)

(a) A completed Standard Form (SF) 1449. Ensure that blocks 17a, 30a, 30b, and 30c are complete and that an authorized official with authority to bind the company signs the document.

(b) All amendments issued against this solicitation before the closing date shall be signed, dated, and included in this volume.

(c) Offerors must have updated on-line representations completed via ORCA, http://orca.bpn.gov. The offeror only needs to complete paragraph (b)(2) of FAR 52.212-3 and submit with their proposal.

North American Industry Classification System (NAICS) Code applicable to this solicitation is 337215 and the Size Standard is 750. Per FAR 4.1201(a): Prospective contractors SHALL complete electronic annual representations and certifications (Reps & Certs) at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Your Reps and Certs must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

Per 13 CFR 121.106 – If the size determination is based on the number of employees, the method for determining business size status is based on the average number of employees of the concern (including part-time and full-time employees of its domestic and foreign affiliates), which is based upon the number of employees for each of the pay periods for the preceding completed 12 calendar months. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html] Per 13 CFR 121.104 - If the size determination is based on average annual gross revenue, the method for determining business size status is based on the company’s average annual gross revenues for the last three fiscal years. Organizations whose average annual gross revenues exceed the size standard of this solicitation are considered large businesses. [Additional definition is available by searching 13CFR121 at http://www.gpoaccess.gov/cfr/index.html]

(d) Past Performance References. Submit at least three references; companies that you have conducted business with over the last five years for delivery of products and installation services that are similar to those listed in this solicitation.

(1) Company Name and Address

(2) Point of Contact Name and Title

(3) Phone Number

(4) Facsimile Number

(5) E-Mail Address

(6) 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, and business relations. The contracting officer may contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.

(e) Price (only) for the Sample Project, Attachment A, with itemized costs such as materials; labor, to include types and numbers of personnel; overhead; profit; and general and administrative expenses, as applicable.

(f) A Small Business Subcontracting Plan is required from large business concerns, if subcontracting is applicable, and must be included in this section with the initial proposal. See FAR Clause 52.219-9, Alternate II. Small Business Subcontracting Plan for the required information that must be included in the plan.

(2) Volume II (original and 3 copies)

(a) Product Information: Submit descriptive literature, a matrix, or other information that demonstrates that the proposed product meets the required generalized operating specifications of Commissary Equipment Description (CED), 2G14, Gondola Shelving, which are listed at pages 37-45. During the oral presentation (see below), you will be required to direct the evaluator’s attention to the portion of your descriptive literature that demonstrates compliance with the mandatory characteristics.

(b) Experience and Technical Capability. Provide an overview of your company’s experience in this industry and the technical capability of the firm and the key members who will be involved in this contract. Provide the overview in a written narrative format of no more than 10 single spaced pages. Key points should provide information sufficient for evaluators to determine whether your firm has the ability and technical expertise to perform delivery orders under contracts resulting from this solicitation. An outline of the type of information needed, as a minimum, is included on pages 45 and 46.

(c) Sample project. Provide a detailed narrative to describe how your company would complete this project. See the sample Statement of Work on pages 46 and 47 and the sample sketch available by telephoning Rebecca L. Antico at 804-734-8000, ext 48676. Provide the list of components that would be used to complete the project as well as details on the ordering, shipping, delivery, and installation processes required to complete the project in the required time frame. Provide details such as the source of Project Management, Installers, Laborers; what resources are available to on-site staff in the event of material shortages or other contingencies.

(d) Copies of Powerpoint slides for Oral Presentation, below.

(3) Oral Presentation . All offerors will be afforded an opportunity to present the information covered by Volume II of their proposal in person at HQ, Defense Commissary Agency, Fort Lee, VA approximately three weeks after the closing date of proposals. Oral presentations must be scheduled within one week of the time and date offered by the Government on the initial notification. The Government will provide a computer, projector, and screen for presentation of the offeror’s Powerpoint presentation. Failure to provide an oral presentation within the allotted time will result in an initial assessment of documentation provided without additional clarification.

(a) Each offeror may make an oral presentation of not longer than 60 minutes to the Government’s technical evaluation board. The offeror will not be allowed to complete the presentation if they are not finished in 60 minutes.

(b) Each offeror should be prepared to elaborate on details of any part of their experience and technical capabilities from their proposal.

(c) After the oral presentation, the offeror must answer questions from the technical evaluation board for no longer than 30 minutes.

(d) The Government may audio and videotape the oral presentation solely for its use and records. Participation in the oral presentation provides consent to the government to use the presentation recording for internal government purposes after contract award.

(e) The purpose of the oral presentation is to allow the offeror to demonstrate that their proposed products comply with the required salient characteristics of the CED; to present their company’s experience and technical capabilities; and to explain the methodology that they would use to complete the sample project. If there is a conflict in the oral presentation and the written proposal, the written proposal will prevail as the offeror’s final response.

(f) The contracting officer will schedule the oral presentations and will notify each offeror of the date, time, and location of its oral presentation after the Government receives the offers in response to this RFP. The contracting officer will provide additional instructions for the oral presentation with the notification. The government will hold the oral presentation at the Headquarters Defense Commissary Agency, 1300 E Avenue, Fort Lee, Virginia 23801.

(g) An offeror’s oral presentation must be made by one or more persons who will be primarily responsible for the performance of any resultant contract. This person must be able to legally bind the company contractually. However, the maximum number of contractor personnel allowed in the oral presentation is three.

(h) Neither the oral presentation nor the question and answer session will constitute discussions, as defined in FAR 15.306. They will also not obligate the Government to conduct discussions or to solicit or consider any revisions to the offer or to request a best and final offer.

II. PERIOD OF ACCEPTANCE: is changed to 90 days

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

(a) The Government will award a maximum of three indefinite delivery indefinite quantity contracts resulting from this solicitation to the responsible offerors whose offers 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

2. Experience and Technical Capability

3. Sample Project

4. Past Performance

(a) Timeliness

(b) Quality of Products

(c) Business Relations

5. Price

b. Award will be made to the technically acceptable offerors who offer the best value to the Government. Offerors will be determined to be technically acceptable if their proposed product complies with the Commissary Equipment Description, (CED) requirements, and by receiving at least an acceptable rating for each past performance evaluation sub-factor. For the proposed product to be acceptable, the offeror's product must meet or exceed the stated general and operational characteristics. In accordance with Federal Acquisition Regulation (FAR) 16.505-(b)(1), the Contracting Officer will provide each awardee a fair opportunity to be considered for each order exceeding $3,000 issued unless one of the exceptions under FAR 16.505(b)(2) applies, including satisfying the minimum guarantees for all awardees.

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. 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. Past performance will also be assessed on delivery orders for future delivery orders.

d Options. Option periods are not priced. The sample task will be used to evaluate an offeror’s understanding of the requirement, and his ability to offer a fair and reasonable price to complete the project. Offerors that receive contract awards will compete for actual individual shelving installations, as each requirement is identified.

e. Prior to award, the successful offeror(s) will be required to submit an acceptable subcontracting plan. If applicable, the subcontracting plan submitted by the contractor must be deemed acceptable by the Contracting Officer before an award may be made. A subcontracting plan will be required if the offeror is other than a Small Business (SB) concern or if the Contracting Officer determines that the contractor’s current method of providing the product and services are performed in-house and do not reasonably anticipate a significant portion of subcontracting awards to any concerns under this contract.

f. A written notice of award or acceptance of an offer, 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 (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The Government reserves the right to award without discussions.

ADDENDUM TO 52.212-4

TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.

1. Delivery Orders:

(a) Offerors awarded a contract resulting from this solicitation will be given an opportunity to provide a proposal on individual projects to furnish and install shelving as the requirements are identified during the duration of the performance period, unless the contractor requests consideration for only certain areas. In addition, awardees need not be given an opportunity to be considered for a particular order if the contracting officer determines that:

(1) The agency need for such services is of such urgency that providing such opportunity would result in unacceptable delays;

(2) It is necessary to place an order to satisfy a minimum guarantee.

(b) Offerors are not required to submit a price for every project; however, negative responses are required.

(c) A statement of work and layout plan will be provided with every request for proposal. It will contain the performance date, time, and other necessary information, as well as the criteria that will be used to evaluate proposals and determine the successful offeror. The contractor’s price must include all related costs associated with the performance of the project to furnish and install shelving. The request for proposal will include the Department of Labor wage determination applicable to the project.

(d) Evaluation for award of each delivery order will be Lowest Price, Technically Acceptable (LPTA).

(e) Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) at http://eda.ogden.disa.mil.

(f) Evaluation of shelving project performance.

(1) Each delivery order to furnish and install shelving will contain a performance evaluation to be completed by the DeCA HQ Reset Coordinator after the completion of the installation. The performance evaluation will contain a rating of the following elements of the service performance: Quality of Products, Timeliness/Schedule, and Business Relations. Past performance will be rated acceptable or unacceptable.

(2) The information contained in these evaluations will be used to create a past performance data base for consideration in awarding future delivery orders. If a contractor’s recent performance differs significantly from the information in the past performance data base, the Government reserves the right to use the more current information for future awards. Some situations that may impact future awards include, but are not limited to, cancelled resets due to the contractor’s inability to perform, adverse reports of performance, trends in performance such as repeated lateness, and/or inability to complete projects on time.

(g) The Government reserves the right to obtain services elsewhere if none of the contractors are available for a performance at a reasonable price.

2. Guarantees: The minimum value that the Government guarantees will be purchased per year under each contract awarded as a result of this solicitation is one re-set for a minimum of $3,000.00. The maximum value for all orders issued against the contract is $10,000,000.00, base plus option years. The minimum quantity will be provided at the time of award. The quantity stated within the CLIN for the base and option years is the maximum number of orders that will be issued for all contracts for one year. That maximum quantity can only be changed by contract modification. If the option year(s) is not exercised, the Government also does not guarantee any minimum purchase for that period. The minimum value stated applies to the entire contract period, base plus any exercised option periods combined.

3. Wage Determinations: Award(s) will be covered by the Services Contract Act (SCA) of 1965 as amended. Individual delivery orders will contain the wage determination for each specific delivery order location.

4. Task Order Ombudsman: According to FAR 16.505(b)(6), the Ombudsman for this contract is:

Defense Commissary Agency

Directorate of Contracting (LEA)

ATTN: Competition Advocate

1300 E Avenue

Fort Lee,VA 23801-1800

5. Service Contract Act Posting Requirements Clause at 52.222-41, Service Contract Act of 1965, as amended, is applicable to the services performed under this contract. The contractor is responsible for obtaining and posting the following publications available at http://www.dol.gov/osbp/sbrefa/poster/matrix.htm:

(a) Employee Rights on Government Contracts (WHD Publication 1313)

(b) Employee Rights under Fair Labor Standards Act (WHD Publication 1088)

(c) Equal Employment Opportunity is the Law (OFCCP 1420)

6. Administrative Modifications: The Government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data.

7. Payment Procedures:

a. Funding will be provided on individual delivery orders. Payment will be made by Defense Finance and Accounting Service (DFAS). Contract payments will be processed electronically via Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Service (DFAS). Prior to DFAS releasing any contract payment, the contractor must submit an invoice COMBO using Wide Area Work Flow (WAWF) electronic commerce. An invoice COMBO is used to invoice for supplies or services and enables the vendor to create a separate invoice and receiving report from the same data entry session, eliminating the need to re-key data. After an invoice COMBO is received, a Government representative will acknowledge acceptance and receipt of the service via WAWF. After all items are properly submitted, the contract payment will be processed via DFAS electronically.

b. The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractor to submit invoices via WAWF so that payments can be processed electronically through EFT.

c. For additonal WAWF information, see clause 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008).

d. Clause FAR 52.213-1, Fast Pay Procedures, apply to orders whose final destination is outside the continental United States only.

8. Period of Performance:

Base Year:

July 1, 2012 through June 30, 2013

Option Year 1:

July 1, 2013 through June 30, 2014

Option Year 2:

July 1, 2014 through June 30, 2015

Option Year 3:

July 1, 2015 through June 30, 2016

Option Year 4:

July 1, 2016 through June 30, 2017

9. Delivery:

a. Delivery orders will be issued and accessed through the Electronic Document Access System (EDA) http://eda.ogden.disa.mil. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

b. Delivery is required 30 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays. Delivery orders will contain the delivery location and any other necessary delivery instructions. The contractor can find the delivery address and points of contact information for each store at www.commissaries.com

10. Shipping: FOB destination within the continental United States. Some delivery locations may require packaging and preparation for overseas shipment by the contractor. However, the contractor is responsible only for shipment to the port. Equipment destined for overseas shipment will be wrapped, blocked, and braced using best commercial practices so that the equipment arrives at destination without damage. Each Outside Continental United States (OCONUS) delivery order will include packing and marking instructions to the shipping port specified in the order. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number.

11. 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).

CED 2G14

FFP

Furnish and Install Store Shelving

Base Year: July 1, 2012-June 30, 2013

Individual delivery orders will be issued, one per commissary location.

The quantities shown represent commissary locations requiring shelving re-sets.

FOB: Destination

MAX

NET AMT

FFP

Furnish and Install Store Shelving

Option Year One: July 1, 2013-June 30, 2014

Individual delivery orders will be issued, one per commissary location.

MAX

FFP

Furnish and Install Store Shelving

Option Year Two: July 1, 2014-June 30, 2015

Individual delivery orders will be issued, one per commissary location.

MAX

FFP

Furnish and Install Store Shelving

Option Year Three: July 1, 2015-June 30, 2016

Individual delivery orders will be issued, one per commissary location.

MAX

FFP

Furnish and Install Store Shelving

Option Year Four: July 1, 2016-June 30, 2017

Individual delivery orders will be issued, one per commissary location.

MAX

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (JAN 2012)

The contractor shall be responsible for obtaining applicable installation passes and inspections for vehicles and personnel at no additional cost to the government. Contractor employees may be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs such as RAPIDGate at a cost to the contractor. Any costs associated with obtaining passes must be included in the proposed contract pricing prior to award of any resultant contract.

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See the Addendum to FAR 52.212-2.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2011) ALTERNATE I (APR 2011)

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, as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(ii) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ------------. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) 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.

(9) 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:

(10) 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

(11) (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 CCR Dynamic Small Business Search Database maintained by the Small Business Administration, 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: ____________.)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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…