HEVAS6-12-T-0047.pdf

DDESS AREA SERVICE CENTER

ATTN: PROCUREMENT DIVISION

700 WESTPARK DRIVE

PEACHTREE CITY GA 30269-1498

678-364-8000

770-632-8720

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$7M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HEVAS6-12-T-0047 13-Sep-2012

b. TELEPHONE NUMBER

678-364-6832

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 19 Sep 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HEVAS6

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TEL: FAX:

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INFORMATION CALL:

a. NAME

SABRA BOYNTON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

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30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

621330

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

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SEE SCHEDULE

ARE NOT ATTACHED

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TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

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38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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HEVAS6-12-T-0047

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL PRICE

0001 Psycho-educational Evaluations

20 Each

Psycho-educational Evaluations, North Carolina District students, Camp Lejeune and Fort Bragg Schools. Services are In accordance with the attached Performance Work Statement and not to exceed 20 evaluations. Period of Performance: 29 September 2012 - 28 September 2013

FOB: Destination

NET AMOUNT

PURCHASE REQUEST NUMBER: HA603312RCP00060001

OPTION

1001 Psycho-educational Evaluations

Bragg Schools. Services are In accordance with the attached Performance Work Statement and not to exceed 20 evaluations. Period of Performance: 29 September 2013 - 28 September 2014

PURCHASE REQUEST NUMBER: HA603312RCP00061001

OPTION

2001 Psycho-educational Evaluations

Bragg Schools. Services are In accordance with the attached Performance Work Statement and not to exceed 20 evaluations. Period of Performance: 29 September 2014 - 28 September 2015

PURCHASE REQUEST NUMBER: HA603312RCP00062001

PWS

PERFORMANCE WORK STATEMENT (PWS)

PSYCHO EDUCATIONAL DIAGNOSTIC EVALUATIONS FOR AUTISTIC

SPECTRUM DISORDER

NORTH CAROLINA DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY

SCHOOLS, FORT BRAGG AND CAMP LEJEUNE, NORTH CAROLINA

C.1. GENERAL. The Contractor shall provide the following educational services as related to students suspected of having Autistic Spectrum Disorder (ASD) and/or diagnosed with ASD:

Diagnostic evaluations of students suspected of having autism or re-evaluation at triennial of students who have been diagnosed in the past by another provider. The Contractor will provide services to students prekindergarten through grade twelve who attend DDESS/North Carolina District Schools at Camp Lejeune and Fort Bragg Schools.

C.1.1. SCOPE OF WORK. The contractor shall provide the following services: Twenty (20) evaluations at initial referral and/or triennial review. The purpose of the evaluations will be: a) provision of a diagnosis of ASD as appropriate and b) provision of instructional suggestions and recommendation, strategies and accommodations to aid the classroom teacher and other providers with tools to meet the educational needs of the student diagnosed on the Autistic Spectrum or c) provide diagnostic information for students who have within the past three year cycle received a diagnosis of ASD from medical personnel. The diagnosis will be rendered by a psychiatrist, clinical psychologist, or developmental pediatrician with extensive training and experience in autism and related communication disorders. Statement of diagnosis of the nature and severity of impairment is required within the DoDEA forty-five 45 school day timeline with full written report.

C.1.2. BACKGROUND INFORMATION

C.1.2.1. DDESS/NC District Schools provide support to the individuals classified under the individuals with Disabilities Education Act, Part b. The schools operate under an INTERDISCIPLINARY MODEL. The following disciplines are represented: regular education teacher, special education teacher, speech therapy, occupational therapy, school nursing, school psychology, school administration, special education program coordinators and social worker.

C.1.2.2. Services may be performed in the school facilities or at the location of the center responsible for the assessment. The school facilities are located on the Fort Bragg, North Carolina military reservation, adjoining Pope Army Airfield, Linden Oaks, Cameron and Camp Lejeune and adjoining New River Air Station, North Carolina. Travel distance between the twelve Fort Bragg schools varies from ¼ to 15 miles from the administrative office and distance between the seven schools at Camp Lejeune varies from ¼ to 12 miles.

C.1.2.3. Additional regulations/guidance requirements: The services shall be in compliance with Public Law #101-476 and Public Law #99-457. National Education Goals as established by the Presidential Council, and the Department of Defense Education Activity community strategic plan.

C.1.3. CONTRACTOR PERSONNEL.

C.1.3.1. Contractor shall provide an evaluator or team or evaluators who are trained in autism (e.g. psychiatrist, clinical psychologist, or developmental pediatrician) with more than 5 years of experience.

C.1.3.2. Contract Manager(s). The contractor shall provide a local Contract Manager (CM) who shall be responsible for the performance of work and shall be empowered with making on-site decisions on the contract matters. The contractor shall also provide a local Alternate Contract Manager (ACM) who shall act for the contractor when the Contract Manager is absent. The contractor shall provide the name of the CM and ACM along with contact information (day time telephone number, cell and/or pager number) in writing to the Contracting Officer at least ten

(10) days prior to contract start date.

C.1.3.3. Contractor shall supply one (1) telephone number and/or web-based interface for use by the COR to request services as needed.

C.1.3.4. Contractor shall comply with DA Circular 690-91-1, criminal history background check on individuals in Child Care Services. The contractor shall obtain a police check on employees of the contractor prior to the employees performing work under this contract. The contractor and the Contracting Officer must keep a copy of all police records on file. Individuals with a criminal conviction involving driving under the influence of alcohol or drugs, drug-related incidents, gambling, robbery, burglar, theft, rape or assault, any offense that constitutes a felony under the state of North Carolina or federal law, or a misdemeanor involving moral turpitude shall not be allowed to perform services under this contract. Contractor shall not allow any employee to perform services who is under the influence of alcohol, drugs, or any other incapacitating agents or who possess any other limiting psychological or speech condition, which would render that employee incapable of performing all duties required ensuring the safety and control of students, or other duties required of this contract. The removal of any employee or employees will not relieve the contractor of the responsibility of meeting contract terms.

C.1.3.5. Contractor shall be responsible for the conduct of all his employees. Any complaints received shall be directed to the Contracting Officer’s Representative (COR).

C.1.3.6. All personnel employed by the Contractor in the performance of this contract, or any representative of the contractor entering the Government reservation, shall abide by all the regulations of the installation which may be in effect during the contract period. The Government has the right to restrict the employment under the contract of any contractor employee, or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

C.1.3.7. All contractor personnel shall possess the skills, knowledge and ability to perform the services required by this contract, and shall be able to understand, speak, read and write the English language fluently.

C.1.3.8. Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest.

C.1.3.9. Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours or deployment. Their absence at any time shall not constitute an excuse for nonperformance under this contract.

C.1.3.10. Contractor personnel shall present a net appearance and be easily recognized. At a minimum this shall be accomplished by wearing a clearly readable identification badge, furnished by the contractor, made of durable material or plastic, which consists of the contractor’s company name, employee’s name and current picture. These identification badges shall be consecutively numbered and made accountable by the contractor. The Contractor shall be responsible for the conduct and appearance of his employees while working on Fort Bragg or Camp Lejeune.

C.1.3.11. Contractor employees shall remain fully clothed at all times while on the installation.

This includes shirts with sleeves, shoes and long pants or appropriate professional attire. Tank tops and tee shirts worn as outerwear are prohibited.

C.1.3.12. Contractor Vehicles. All Contractor vehicles shall display the Contractor’s name/logo so that it is clearly visible and shall at all times display a valid state license plate and safety inspection sticker.

C.1.4. SECURITY OF CLASSIFIED ITEMS AND INFORMATION: All student information is secured in a locked file cabinet in each school facility and is designated as accessible only to those staff members who have an approved and legitimate “need to know”. All file materials are considered confidential and released upon consent of the parent to agency requested.

C.2 DEFINITIONS.

C.2.1. Standard Definitions.

C.2.1.1. Point of Contact (POC). The unit representative who places the service calls and acts as liaison between the contractor and Contracting Officer’s Representative.

C.2.1.2. Contracting Officer (CO). A person duly appointed with the authority to enter into and administer contracts on behalf of the Government.

C.2.1.3. Contracting Officer’s Representative (COR). An individual designated by the Contracting Officer to act as his representative to assist in administering a contract. The source and authority for a COR is the Contracting Officer and limitations of a COR are contained in the written letter of designation.

C.2.1.4. Government Property. All property owned by the Government or acquired by the Government under the terms of the contract. Government property includes both Government-furnished property and Contractor acquired property as defined in FAR 45.101.

C.2.1.5. Contract Manager/Alternate Contract Manager. The Contractor’s on-site representative.

The Contract Manger/Alternate Contract Manger shall be delegated the authority to manage and coordinate all phases of the contract.

C.2.1.6. Quality Assurance. Those actions taken by the COR to assure services met the requirements of the contract.

C.2.1.7. Quality Control. Those actions taken by a Contractor to control the performance of the services so that they meet the requirements of the contract.

C.2.1.8. Response. As used in relation to service orders, means the Contractor’s workforce is at the work site ready to commence required work within the specified time.

C.2.1.9. Shall. The word “shall” is used in connection with the Contractor and specifies that the provisions are binding.

C.2.1.10. Will. The word “will” is used to express a declaration of purpose on the part of the Government.

C.2.2. Abbreviations.

ACM – Alternate Contract Manager

ASD - Autistic Spectrum Disorder

CM – Contract Manger

CO – Contracting Officer

COR – Contracting Officer’s Representative

DA – Department of the Army

DDESS – Domestic Dependent Elementary and Secondary Schools

DFARS – Department of Defense FAR Supplement

DoDEA – Department of Defense Education Activity

FAR – Federal Acquisition Regulation

NC – North Carolina

POC – Point of Contact

QA – Quality Assurance

QC – Quality Control

C.3. CONTRACTOR-FURNISHED ITEMS AND SERVICES

C.3.1. Contractor shall provide all labor, equipment, materials, and supplies needed to perform the requirements.

C.3.2. Contractor shall prepare reports which are to be provided to the ISS-SPED prior to discussion of report with others and formal case study committee recommendations if appropriate.

C.3.2.1. Invoices. Contractor shall prepare and submit invoice IAW payment instructions outlined in Wide Area Workflow (see FAR Clause 52.212-4 Addendum and DFARS Clause 252.232-7006 of the solicitation for instructions) for payment of services rendered.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration AUG 2012

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

AUG 2012

52.212-1 Instructions to Offerors--Commercial Items FEB 2012

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012

52.219-28 Post-Award Small Business Program Rerepresentation APR 2012

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies MAR 2012

52.222-26 Equal Opportunity MAR 2007

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

OCT 2003

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7000 Disclosure Of Information DEC 1991

252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (JUN 2008)

(b)(2) All offers shall be received NLT 19 September 2012, 4:00 PM (Eastern Standard Time) by the office shown below. Fax and e-mail offers will be accepted as follows:

(i) The size of e-mail offers with or without attachments cannot exceed 5mb. The Government’s server will reject any e-mail size greater than 5mb.

(ii) Due to the potential of Government server fire walls blocking submission of e-mail offers, the Government recommends offerors activate the “delivery receipt” option. Offerors should assume the e-mail offer was undeliverable if a delivery receipt is not received.

(iii) Offers shall be submitted to:

DDESS Procurement Office

ATTN: Sabra Boynton

700 Westpark Drive

Peachtree City, GA 30269

FAX: 770/632-8720

EMAIL: sabra.boynton@am.dodea.edu

(b)(3) Standard Form (SF) 1449: One executed and signed copy, Blocks 17a (Company Name/Address/Phone number), 17b and 30a-c (page 1 of the solicitation) or as otherwise specified in 52.212-1(b).

(b)(6) Price Quote: Enter your prices on the attached Bid Schedule.

(f)(3) Acceptable evidence to establish time of receipt for e-mail offers shall be a copy of the delivery receipt showing the date, time and correct e-mail address.

(b)(4) Formal communications such as questions and/or requests for additional information concerning this solicitation shall be submitted in writing no later than 17 September 2012, 1:00 PM EST to sabra.boynton@am.dodea.edu. Telephonic requests for information will not be addressed.

(b)(5) Address evaluation factors in 52.212-2:

Factor 1: Technical. The technical quote shall address the offeror’s ability to meet the requirements as stated in the Performance Work Statement and sub factors listed below:

(i) Sub factor 1: Ability to provide an evaluator or team of evaluators trained in autism (e.g., psychiatrist, clinical psychologist, developmental pediatrician). Provide certification and or license in respective field (e.g. psychiatrist, clinical psychologist or developmental pediatrician).

(ii) Sub factor 2: Ability to provide evidence of more than five (5) years experience in diagnosing autism and related communication disorders.

Factor 2: Past Performance: Offerors shall submit with the offer a list of all current and completed contracts valued at $90K or above for psycho educational diagnostic evaluations services.

The list shall contain the following information:

(a) Short descriptive title of project

(b) Performance dates

(c) Total contract value

(d) Date of award

(e) Contracting Activity (Customer) name with complete mailing address

(f) Customer’s Point of contact (POC), name, title, mailing address, phone and e-mail address

(g) Any comments (e.g. problems, solutions). The offeror shall provide information on problems encountered on the identified contracts and the offeror’s corrective actions

c. Factor 3 - Price: Submit unit pricing using CLIN structure format located on the Bid Schedule in this document. The price quotes will be evaluated to ensure price reasonableness for the services being provided to the Government. The Government will perform price analysis in accordance with FAR Part 12.209 to ensure that contract terms, conditions, and prices are commensurate with the Government’s needs.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a single, firm-fixed price, bilateral contract from this solicitation using FAR Part 12 and 15 procedures. Award will be made to the offeror who is determined responsible in accordance with FAR Part 9 and whose offer and supporting documentation best meets the requirement at a price that is both fair and reasonable to the Government. The Government will not award to an offeror with an “unacceptable” or “fail” rating for any factor or subfactor. The Government will not pay a price it considers to be disproportionate to the benefits associated with the proposed services. The following shall be used to evaluate offers:

1. TECHNICAL FACTOR

i. Subfactor 1: Trained evaluator or team of evaluators

ii. Subfactor 2: Experience

2. PAST PERFORMANCE

3. PRICE

The technical subfactors are of equal importance. The technical and past performance factors are of equal importance and when combined, are significantly more important than price.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

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 via https://www.acquisition.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 electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.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 [ballot] is, [ballot] 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 for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program 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 [ballot] is, [ballot] is not an EDWOSB concern, 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 [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses 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 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:

[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 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, 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.”

Other Foreign End Products:

(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:

Line Item No.: Country of Origin:

(4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

(5) 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)(5)(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 Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) ( ) 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, violating Federal criminal tax laws, 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 enumerated in paragraph (h)(2) of this clause; and

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

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

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

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