HQ0028-10-R-0007 Weekly Hit Music Updates.doc

Section SF 1449 - CONTINUATION SHEET

BASE YEAR

FFP

MUSIC ON COMPACT DISK SVC

The Contractor shall provide all labor and material (except designated Government Furnished Property) to perform mastering and duplication of weekly hit music updates on compact discs (CDs), make the same music available via web-based downloads, and provide computer data files about each song for use in music scheduling computer programs. Contractor shall also provide packaging, labeling, metering, mailing, and other services incidental thereto in accordance with specifications set forth herein shall be included.

Weekly CD hit releases on stereo CDs in (at least) six formats as shown in paragraph C-3.1 of the Performance Work Statement (PWS), along with weekly data updates, and mail packaging, processing and postage for 1st class mail.

PERIOD OF PERFORMANCE: 1 MAR 2010 - 28 FEB 2011

FOB: Destination

PURCHASE REQUEST NUMBER: 216491886354

NET AMT

OPTION

1ST OPTION YEAR

MUSIC ON COMPACT DISK SVC

The Contractor shall provide all labor and material (except designated Government Furnished Property) to perform mastering and duplication of weekly hit music updates on compact discs (CDs), make the same music available via web-based downloads, and provide computer data files about each song for use in music scheduling computer programs. Contractor shall also provide packaging, labeling, metering, mailing, and other services incidental thereto in accordance with specifications set forth herein shall be included.

Weekly CD hit releases on stereo CDs in (at least) six formats as shown in paragraph C-3.1 of the Performance Work Statement (PWS), along with weekly data updates, and mail packaging, processing and postage for 1st class mail.

PERIOD OF PERFORMANCE: 1 MAR 2011 - 29 FEB 2012

NET AMT

OPTION

2ND OPTION YEAR

MUSIC ON COMPACT DISK SVC

The Contractor shall provide all labor and material (except designated Government Furnished Property) to perform mastering and duplication of weekly hit music updates on compact discs (CDs), make the same music available via web-based downloads, and provide computer data files about each song for use in music scheduling computer programs. Contractor shall also provide packaging, labeling, metering, mailing, and other services incidental thereto in accordance with specifications set forth herein shall be included.

Weekly CD hit releases on stereo CDs in (at least) six formats as shown in paragraph C-3.1 of the Performance Work Statement (PWS), along with weekly data updates, and mail packaging, processing and postage for 1st class mail.

PERIOD OF PERFORMANCE: 1 MAR 2012 - 28 FEB 2013

NET AMT

OPTION

3RD OPTION YEAR

MUSIC ON COMPACT DISK SVC

The Contractor shall provide all labor and material (except designated Government Furnished Property) to perform mastering and duplication of weekly hit music updates on compact discs (CDs), make the same music available via web-based downloads, and provide computer data files about each song for use in music scheduling computer programs. Contractor shall also provide packaging, labeling, metering, mailing, and other services incidental thereto in accordance with specifications set forth herein shall be included.

Weekly CD hit releases on stereo CDs in (at least) six formats as shown in paragraph C-3.1 of the Performance Work Statement (PWS), along with weekly data updates, and mail packaging, processing and postage for 1st class mail.

PERIOD OF PERFORMANCE: 1 MAR 2013 - 28 FEB 2014

NET AMT

OPTION

4TH OPTION YEAR

MUSIC ON COMPACT DISK SVC

The Contractor shall provide all labor and material (except designated Government Furnished Property) to perform mastering and duplication of weekly hit music updates on compact discs (CDs), make the same music available via web-based downloads, and provide computer data files about each song for use in music scheduling computer programs. Contractor shall also provide packaging, labeling, metering, mailing, and other services incidental thereto in accordance with specifications set forth herein shall be included.

Weekly CD hit releases on stereo CDs in (at least) six formats as shown in paragraph C-3.1 of the Performance Work Statement (PWS), along with weekly data updates, and mail packaging, processing and postage for 1st class mail.

PERIOD OF PERFORMANCE: 1 MAR 2014 - 28 FEB 2015

NET AMT

PWS

PERFORMANCE WORK STATEMENT

FOR

DEFENSE MEDIA CENTER

RADIO PROGRAMMING

Dated 14 MAY 2009

C-1. SCOPE OF WORK

C-1.1. The Contractor shall master, duplicate, package, label, and mail weekly hit music updates on compact disks (CDs) for distribution to outlets of the American Forces Network (AFN); provide access to the same music via internet download; provide weekly computerized music data updates for use in music scheduling systems to keep those systems current with the music releases provided by the Contractor.

C-1.2. The recordings are broadcast outside the continental United States via the U.S. military's land-based radio outlets, Navy ships at sea, and closed-circuit facilities of the Department of Defense (DoD).

C-1.3. Distribution of all programming is non-commercial, non-profit, and royalty-free. The service is intended strictly for use by DoD personnel and their dependents.

C-2. BASIC REQUIREMENTS AND QUANTITIES

C-2.1. The Contractor shall furnish all labor and materials to duplicate hit music selections onto CDs weekly, provide special labeling to meet Department of Defense regulations, assure that the Contractor has the right to duplicate all recordings provided, and supply weekly data updates for use in computerized music library and scheduling programs to reflect additions to the library. Signing this contract constitutes certification that the Contractor has the right to duplicate all recordings provided to AFRTS (Armed Forces Radio & Television Services) and will afford the protections contained in rights in data clauses contained elsewhere in the contract.

C-2.2. AFRTS (Armed Forces Radio & Television Services) supplies all programming to outlets deployed to meet the operational requirements of the Department of Defense. There are approximately 85 AFN field locations currently using hit music selections on CDs. The estimated required weekly quantity will be 100 sets. A “set” is comprised at minimum of the music CD, labeling required by paragraph C-2.1, jewel cases, mailing costs, and applicable entries into scheduling software that update song selections in the scheduling database. Excess materials produced for AFN not delivered to overseas locations shall be forwarded to the Defense Media Center (DMC) at Riverside, California.

C-2.3. Quantities of products specified in this contract are absolute. Over the last ten years of contract performance, the Government has purchased 100 sets per week.

C-3. CONTRACTOR PROVIDED MUSIC SERVICE ON COMPACT DISC

C-3.1. Weekly "CURRENT HITS SERVICE" consists of Contractor-provided, regularly released current hit music selections on Compact Disc(s) in (at least) the following six major formats and the major subgroupings commonly associated with those major formats:

(1) Contemporary Hit Radio (CHR), including Top 40, Contemporary Hits-Pop and Contemporary Hits-

Rhythmic

(2) Country

(3) Adult Contemporary, including Hot Adult Contemporary

(4) Rock, including Active Rock, Alternative, Adult Album Alternative

(5) Urban Contemporary including Urban Adult Contemporary

(6) Smooth Jazz

C-3.1.1. The Contractor shall assure that AFRTS (Armed Forces Radio & Television Services) receives timely delivery of, at least, the current 40 top songs in all of the formats noted. However, some formats (currently, Urban AC, AC, Smooth Jazz, Rock, and Adult Album Alternative) normally limit their “top current hits” consideration to 30 songs; the Contractor shall assure that AFRTS (Armed Forces Radio & Television Services) receives timely delivery of, at least, the top 30 current songs in such formats.

C-3.1.2. Contractor shall utilize lists of the most frequently played songs by radio stations in the United States to determine the selections to be included. Top American radio industry trade publications (such as Billboard, or Radio and Records) or airplay research information (such as that produced by MediaBase and Broadcast Data Systems) shall be used to meet this requirement.

C-3.1.3. “Timely delivery” of the songs shall be construed to mean Contractor's delivery of completed CDs to the U.S.P.S. not later than seven (7) calendar days after the "release date" (vice "publication date") of the radio industry trade sources used to determine the music selections.

C-3.1.4. The Contractor shall also make the songs released on CD available to AFRTS (Armed Forces Radio & Television Services) affiliate stations via, timely, internet or FTP download. Songs available for download shall be encoded in MP3 or equivalent format.

C-3.2. The completed sets of current hit CDs along with weekly data updates for the computerized music library and scheduling program shall be delivered to the nearest distribution center of the United States Postal Service (U.S.P.S.) for shipment via first-class (or priority) mail to AFRTS (Armed Forces Radio & Television Services) outlets and shall have all labels and indicia required by the U.S.P.S. for delivery to AFN stations abroad.

C-3.3. Songs provided to AFN shall conform to broadcast standards generally accepted in the United States. The Contractor shall make a good faith effort to provide special warnings to accompany selections which contain language or concepts that have a likelihood of being interpreted as indecent, profane, explicit, defamatory, racially insensitive or otherwise objectionable by reasonable listeners.

C-4. IMPRINTING, LABELING AND PACKAGING

C-4.1. Each CD shall be delivered in a standard, Contractor furnished, plastic case (aka "jewel box"). AFN shall have the option of switching in whole or in part from plastic cases/jewel boxes to suitable cardboard or similar CD holders.

C-4.2. Each CD shall be imprinted with information that includes (but is not limited to) the following:

a. Disc number within series

b. Cut number

c. Name of each song

d. Recording artist for each song

e. Government furnished Department of Defense indicia intended to reduce pilferage

C-4.2.1. Each original CD shall be identified by a unique identification code. No code may duplicate existing codes used in AFN’s existing CD music library. A list of those codes shall be provided upon request. The characteristics of the code shall be consistent with the capabilities of (at least) the “Powergold” music scheduling and library inventory program used by many AFN affiliates.

C-4.3. Each jewel box or cardboard holder shall include a liner-insert with information that includes (but is not limited to) the following information for all selections on the disc:

a. Disc number within series (printed on the main part of the liner and on both ends)

b. Cut number

c. Name of the song

d. Name of performing artist(s)

e. Intro (ramp or pre-post) time

f. Total run time

g. Nature of the ending (cold, fade, etc.)

h. Version (if applicable); e.g., "original version", "radio edit", "album version", etc.

i. Content warnings (if appropriate) that shall be clearly understood by all users

j. Disc release date

C-5. CONTRACTOR-PROVIDED COMPUTER DATA FOR USE IN MUSIC SCHEDULING COMPUTER PROGRAMS

C-5.1. The Contractor shall provide weekly data updates for use in music scheduling programs (such as “Powergold”) to accompany each weekly CD release.

C-5.2. Updates will include Contractor-made entries describing the song or the song's likely use in at least the following categories:

a. Song I.D.

b. Title

c. Artist

d. Run time

e. Intro time

f. Year

g. Song Ending

h. Source I.D.

i. Last played (an arbitrary, long-expired date is necessary for some scheduling programs to properly sort songs)

j. Source identification number

k. Category

l. Qualities (tempo 3-step, tempo 5-step, intensity, female/male, vocal, vocal style, ethnic, instrumental)

C-5.3. Updates will be coded in DBF (xbase-compatible, readable by Microsoft's Excel), Fixed-Field-Length ASCII, and/or Comma-Delimited ASCII.

C-5.4. Contractor shall provide free user support to DMC to respond to questions about the compatibility of its weekly data releases with a variety of common music scheduling programs.

C-6. PRODUCT SECURITY

C-6.1. The Contractor shall assure all CDs are labeled with the "For AFRTS (Armed Forces Radio & Television Services) Use Only," or similar warnings or indicia to be specified by the Defense Media Center, and distributed only to the Defense Media Center or specified AFN outlets. The materials are accountable items; their unauthorized possession is a violation of Federal law.

DELIVERY INFORMATION

28-FEB-2011

RADIO DIVISION

23755 Z STREET

RIVERSIDE CA 92518-2031

HQ0030

29-FEB-2012

HQ0030

28-FEB-2013

HQ0030

28-FEB-2014

HQ0030

28-FEB-2015

HQ0030

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

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

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

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

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

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to each quantity specified in the Contract.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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:

The following factors, listed in descending order of importance, shall be used to evaluate offers:

1. Technical Factor: Technical ability to comply with the scope and timeliness of services identified in the Performance Work Statement,

2. Past Performance, and

3. Price

Technical and past performance, when combined, are more important than price. Award will be based on integrated assessment of each offer using the evaluation criteria contained in the Addendum to FAR 52.212-2, proposal meeting all terms and conditions of the solicitation, together with a determination by the Contracting Officer that the price is fair and reasonable and the Offeror is responsible within the meaning of governing regulations.

(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)

ADDENDUM FAR 52.212-2

ADDENDUM FAR 52.212-2

EVALUATION CRITERIA

1) Offeror must provide documented evidence that it has the right to duplicate and distribute popular current recordings to radio stations on behalf of, at least, the top four record companies (Sony/BMG, Universal, EMI Group, and Warner). This is a go/no go item (see PWS paragraph 2.1).

a) Offeror must provide a sample of the computer data update called for in paragraph C-5 of PWS. Ability to upload and work in the “Powergold” music scheduling program is a go/no go item.

2) At minimum, any offeror must provide evidence that –at a given (recent) point in time of its choosing and extending for the period of 52continuous weeks it has delivered the top songs, in the formats identified, not later than sever (7) calendar days after the “release date” of the radio industry source the Offeror uses to determine its selections (see PWS paragraphs C-3.1., C-3.1.1., C-3.1.2 and C-3.1.3). Offeror’s approach to providing new music selections and establishing dates for release should be provided for evaluation.

3) Offeror must provide evidence of corporate performance to include documentation of appropriate operational and management qualifications and credentials in each of the work areas as outlined in the PWS and documentation of work history and demonstrated quality performance in areas during the last 5 years, which correspond to the requirements stated in the PWS. Offeror will provide the name, e-mail address and telephone number of points of contact of firms for who services of the same nature have been provided.

The following factors, listed in descending order of importance, shall be used to evaluate offers:

4. Technical Factor: Technical ability to comply with the scope and timeliness of services identified in the Performance Work Statement,

5. Past Performance, and

6. Price

Technical and past performance, when combined, are more important than price. Award will be based on integrated assessment of each offer using the evaluation criteria contained in the Addendum to FAR 52.212-2, proposal meeting all terms and conditions of the solicitation, together with a determination by the Contracting Officer that the price is fair and reasonable and the Offeror is responsible within the meaning of governing regulations.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

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

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

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

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

(List as necessary)

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

(g)

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

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

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

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

Line Item No.

[List as necessary]

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

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

(ii) The offeror shall list as other end…