RFP.pdf

DSCA GEORGE C. MARSHALL CENTER

CONTRACTING BRANCH

GERNACKER STRASSE 2 GEB 112

GARMISCH-PARTENKIRCHEN 82467

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)

$7.0M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HQ0236-13-R-0001 25-Oct-2012

b. TELEPHONE NUMBER

08821-750-2730

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 26 Nov 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 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.

HQ0236

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE W91V3V 16. ADMINISTERED BY

GEORGE C. MARSHALL CENTER

PETER ARMBRUST

PARTNER LANGUAGE TRAINING CENTER EUROPE

GERNACKER STRASSE 2

SHERIDAN KASERNE GEB 253

82467 GARMISCH-PARTENKIRCH

TEL: 440-3668 FAX: 440-3671

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRIAN KEHOE

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

611630

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

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HQ023620764003

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 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)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HQ0236-13-R-0001

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

Addendum to FAR 52.212-1 Instruction to Offerors –Commercial Items

(a) Per FAR 19.000(b), this requirement is being solicited on an unrestricted basis for the NAICS identified.

(b)

(12) E-mail proposals are acceptable to the attention of Mr. Brian Kehoe at brian.k.kehoe@marshallcenter.org.

Facsimile proposals are acceptable to the attention of Mr. Kehoe at +49 (0)8821 750-2554.

(13) The offeror shall submit their proposal in two separate parts, individually titled as set forth below.

Part I Technical Part II Price

The two parts of the above written submissions shall be independent of each other. Offerors are cautioned that no reference to the proposed prices/cost shall be made in the Technical portion.

Paper size shall be 8-1.2 X 11 inches, or DIN A4 one-sided typed or printed using standard size fonts (10 to 12 point).

(14) Additional Submittal Contents.

Part I – Technical: The submission shall be presented in narrative form, in the English language, in a clear and logical manner. It must be confined to essential matters sufficient to permit a thorough analysis.

i. Factor 1. Language Skills.

Sub-Factor 1. Target Language (TL) Proficiency (Persian/Farsi and Introductory French).

Submission Requirements Persian/Farsi: The offeror shall demonstrate the proposed instructor’s TL proficiency in Persian/Farsi with the ability to listen, speak, read, and write at a level consistent with that of an educated native speaker. Documentation of TL proficiency shall consist of evidence that the proposed instructor is a native speaker, or, the proposed instructor obtained TL proficiency through formal education (courses completed at an institution of higher learning taught in the TL), or TL proficiency certification, or has used the TL in a work environment where the TL was the primary means of communication.

Submission Requirements Introductory French: The offeror shall demonstrate the proposed instructor’s TL proficiency in French with the ability to listen, speak, read, and write at a level consistent with that of an educated native speaker. Documentation of TL proficiency shall consist of evidence that the proposed instructor is a native speaker, or, the proposed instructor obtained TL proficiency through formal education (courses completed at an institution of higher learning taught in the TL), or TL proficiency certification, or has used the TL in a work environment where the TL was the primary means of communication.

Sub-Factor 2. Working Knowledge of English.

Submission Requirements: The offeror shall demonstrate the proposed instructor’s working knowledge of English.

English language skills must be sufficient to fulfill the teaching requirements of this contract. The offeror shall provide evidence of the proposed instructor’s proficiency of English, either as a native speaker, through formal education (courses completed at an institution of higher learning taught in English and requiring participation in English, e.g. term papers), or English language proficiency certification, or has used English in a work environment where English was the primary means of communication.

ii. Factor 2. Education.

Submission Requirements: The offeror shall demonstrate the proposed instructor’s educational qualifications by providing documents such as transcripts and diplomas of all courses taken by the proposed instructor at institutions of higher learning.

iii. Factor 3. Experience.

Sub-Factor 1. Teaching Experience.

Submission Requirements: The offeror shall provide a narrative of the proposed instructor’s teaching experience including subjects taught, number of years taught, target audience (e.g., high school, secondary school students, university students, business people, etc.), and number of contact hours during the past six years. A “contact hour” is an instructional period lasting at least 50 minutes. Monitoring a language lab session is not considered a “contact hour”.

Sub-Factor 2. Development of Instructional or Test Materials.

Submission Requirements: The offeror shall provide a description of any instructional or test materials the proposed instructor developed, and for each indicate if it was published, not published but shared by peers (e.g. 15 lessons for 20 instructional periods, shared with 3 colleagues), or for personal use only (e.g. exercises to supplement commercial text). “Instructional materials” do not refer to articles/books about the language, but actual lessons.

Instructional materials also do not refer to lesson plans, but actual lessons and exercises developed. If publications are identified, the offerors must include the title, publisher’s name and date.

Sub-Factor 3. Life and Work Experience in the Target Language Country.

Submission Requirements: The offeror shall clearly and fully indicate the number of years the proposed instructor spent as an adult (after age 18) in the TL countries. The narrative shall also provide the dates and a description of what he/she did during that time (e.g. university studies, teaching, worked for a publishing company etc.).

iv. Factor 4. Past Performance.

Submission Requirements: The offeror shall provide past performance information for the proposed instructor (e.g.

letters of recommendation, copies of student/supervisor feedback, performance evaluations) indicating the quality of teaching during the past three years. Past performance information shall cover a minimum of 1 year in teaching.

The offeror shall provide at least one reference for any project identified under the experience factor that has a performance period within the past three years. The offeror shall complete the name of the proposed instructor and immediately forward the Past Performance Questionnaire (Attachment A) for completion by references for projects cited under the experience factor. Offerors shall request their references to return the past performance questionnaire to the George C. Marshall Center Contracting Division as soon as possible so that the Government receives as many references as possible on or before the due date for the receipt of proposals. For each reference, the offeror shall use the Past Performance Questionnaire (Attachment A) and provide:

1. Organization/company/contracting partner’s name.

2. Point of contact’s name and contact information, including current phone numbers and valid email addresses.

3. Description of the project that precisely explains the general scope of the contract, the specific requirements performed by the proposed language instructor, and the period of performance.

Part II – Price:

i. Factor 5. Price.

Submission Requirements: The offeror shall provide firm fixed unit and total prices in all line item descriptions (SF1449) except for the travel Contract Line Items (CLINs) 0003, 1003 and 2003.

ii. Representations and Certifications: In addition to the price schedule contained in this solicitation, offerors shall return one completed Representations and Certifications (FAR 52.212-3 ALT I and DFARS 252.212-7000).

Offerors are required to ensure current registration on the System for Award Management (SAM) Website, www.sam.gov and are encouraged to complete/update Annual Representations and Certifications on the ORCA website, http://orca.bpn.gov .

iii. Offerors shall please provide a Duns and Bradstreet Number (DUNS) and a NATO Cage Code (NCAGE) Number (if you are a non-US based organization) or Cage Code (CAGE) Number (if you are a US based organization) on your proposal. If you do not have DUNS and NCAGE or CAGE, first register for DUNS at http://fedgov.dnb.com/webform/pages/CCRSearch.jsp. Next, register for NCAGE or CAGE at http://www.dlis.dla.mil/Forms/Form_AC135.asp (the instructions for US based organizations will take you to http://www.ccr.gov). For Block 5. PRIORITY/PRIORITÉ, please mark "Emergency". Be advised that the DUNS and NCAGE or CAGE is a requirement for award.

iv. Tax Relief: Offerors shall complete DFARS Clause 252.229-7001 Tax Relief (JUNE 1997) - Alternate I (JUNE 1997) of this Request for Proposal to indicate which taxes, if any, have been excluded from the contract price due to any existing tax agreements between the United States Government's and the offerors Government.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 35 Week Foreign Language Instruction Services

FFP

The Contractor shall perform Foreign Language Instruction Services for the Partner Language Training Center Europe of the George C. Marshall Center for the Base Period from January 1, 2013 through December 31, 2013, pursuant to the Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: HQ023620764003

NET AMT

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 35 Hours OPTION Other Language Services

FFP

Per paragraph 3.3 of the performance work statement, the Contractor shall support other language services requirements beyond the basic requirements identified in paragraph 3.2 of the performance work statement, as required.

TOT ESTIMATED PRICE

CEILING PRICE

0003 1 Each OPTION Travel

FFP

Per paragraph 3.4 of the performance work statement, the Contractor may be required to accompany course participants or officials on field trips/in-country exercises that require travel.

1001 35 Week OPTION Foreign Language Instruction Services

FFP

The Contractor shall perform Foreign Language Instruction Services for the Partner Language Training Center Europe of the George C. Marshall Center for the Option Period 1 from January 1, 2014 through December 31, 2014, pursuant to the Performance Work Statement.

1002 35 Hours OPTION Other Language Services

FFP

Per paragraph 3.3 of the performance work statement, the Contractor shall support other language services requirements beyond the basic requirements identified in paragraph 3.2 of the performance work statement, as required.

1003 1 Each OPTION Travel

FFP

Per paragraph 3.4 of the performance work statement, the Contractor may be required to accompany course participants or officials on field trips/in-country exercises that require travel.

2001 35 Week OPTION Foreign Language Instruction Services

FFP

The Contractor shall perform Foreign Language Instruction Services for the Partner Language Training Center Europe of the George C. Marshall Center for the Option 2 Period from January 1, 2015 through December 31, 2015, pursuant to the Performance Work Statement.

2002 35 Hours OPTION Other Language Services

FFP

Per paragraph 3.3 of the performance work statement, the Contractor shall support other language services requirements beyond the basic requirements identified in paragraph 3.2 of the performance work statement, as required.

2003 1 Each OPTION Travel

FFP

Per paragraph 3.4 of the performance work statement, the Contractor may be required to accompany course participants or officials on field trips/in-country exercises that require travel.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government

1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JAN-2013 TO

31-DEC-2013

N/A GEORGE C. MARSHALL CENTER

PETER ARMBRUST

PARTNER LANGUAGE TRAINING

CENTER EUROPE

GERNACKER STRASSE 2

SHERIDAN KASERNE GEB 253

82467 GARMISCH-PARTENKIRCH

440-3668

W91V3V

0002 POP 01-JAN-2013 TO

31-DEC-2013

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JAN-2013 TO

31-DEC-2013

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2014 TO

31-DEC-2014

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JAN-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JAN-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2015 TO

31-DEC-2015

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JAN-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JAN-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

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

AUG 2012

52.209-5 Certification Regarding Responsibility Matters APR 2010 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

MAR 2006

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997

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:

Factor 1 Language Skills Sub-factor 1 – Target Language Proficiency (Persian/Farsi and Introductory French) Sub-factor 2 – Working Knowledge of English

Factor 2 Education Factor 3 Experience

Sub-factor 1 – Teaching Experience Sub-factor 2 –Development of Instructional and Test Materials Sub-factor 3 – Life and Work Experience in the Target Language Country Factor 4 Past Performance Factor 5 Price

Factor Order of Importance. Language Skills, Sub-factors 1 and 2 must be rated not less than Acceptable to be considered further. Education, Experience, and Past Performance are of equal importance. For Experience, Sub-factors 2 and 3 are of equal importance. When combined, Sub-factors 2 and 3 are of equal importance to Sub-factor

1. Education, Experience, and Past Performance, when combined, are significantly more important than Price.

Factor 1. Language Skills.

Sub-Factor 1. Target Language (TL) Proficiency (Persian/Farsi and Introductory French).

Evaluation Methodology for Persian/Farsi and Introductory French: If the Government receives evidence that the proposed instructor is a native speaker, or, the proposed instructor obtained TL proficiency through formal education (courses completed at an institution of higher learning taught in the TL), or TL proficiency certification, or has used the TL in a work environment where the TL was the primary means of communication, the proposed instructor shall receive an Acceptable rating under this sub-factor. Only those proposals that meet these requirements will be evaluated further.

Sub-Factor 2. Working Knowledge of English.

Evaluation Methodology: If the Government receives evidence that the proposed instructor’s English language skills are sufficient to fulfill the teaching requirements of this contract, the proposed instructor shall receive an Acceptable rating under this sub-factor. Evidence shall consist of proof that the proposed instructor is either as native speaker, or he/she has obtained English language proficiency through formal education (courses completed at an institution of higher learning taught in English and requiring participation in English, e.g. term papers), or English language proficiency certification, or has used English in a work environment where English was the primary means of communication. Only those proposals that meet these requirements will be evaluated further.

Factor 2. Education.

Evaluation Methodology: The Government will evaluate the level and relevancy of the proposed instructor’s educational qualifications. Examples of desired teaching credentials include an M.A. or higher in teaching the Target Language (TL) to foreigners, (Foreign Language Education), an M.A. or higher in teaching English as a Foreign Language (EFL/ESL), an M.A. in Linguistics/Philology of the TL Country, or an M.A. in History/Literature/Anthropology/Education (related to the TL country)/Educational Psychology/International Relations. For purposes of evaluation, “TL Country” is a country where the TL is the primary means of communication among the educated and commercial elite and/or the majority of the population.

Factor 3. Experience.

Sub-Factor 1. Teaching Experience.

Evaluation Methodology: The Government will evaluate the depth, recency, and relevancy of the proposed instructor’s experience as compared to the services required by this solicitation. Relevant experience includes contracts operating in similar working environments and contracts involving services that are considered to be similar in scope, magnitude, and complexity when compared to the requirements described in this solicitation (e.g., teaching the Target Languages at a U.S. Government institution in a formal setting to multinational adult learners for extended periods of time/contact hours).

Sub-Factor 2. Development of Instructional or Test Materials.

Evaluation Methodology: The Government will evaluate the extent to which the proposed instructor has developed instructional or test materials that are relevant to this requirement.

Sub-Factor 3. Life and Work Experience in the Target Language Country.

Evaluation Methodology: The Government will evaluate the extent of life and work experience the proposed instructor spent as an adult (after age 18) in the TL country. The Government desires the proposed instructor to have a minimum of 2 years of life and work experience in the TL country as an adult. For purposes of evaluation, “TL Country” is a country where the TL is the primary means of communication among the educated and commercial elite and/or the majority of the population.

Factor 4. Past Performance.

Evaluation Methodology: The Government will evaluate the recency, relevancy, source of the information, context of the data, and general trends in the proposed instructor’s past performance. Recent/current performance is performance under contracts that are: (a) contracts which have been completed within the last 3 years from the date of issuance of the solicitation, or (b) contracts that are currently being performed (with performance record of at least one year from the date of issuance of this solicitation). Past performance information that is found to be neither current nor recent will not be evaluated. Relevant past performance under this requirement is defined as performance under contracts operating in similar working environments and contracts involving services that are considered to be similar in scope, magnitude and complexity when compared to the requirements described in this solicitation. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination.

The assessment of the proposed instructor’s past performance will be used to evaluate how well he/she has performed similar services in the past. Proposed instructors lacking relevant past performance history will not be evaluated favorably or unfavorably for past performance.

Factor 5. Price.

Evaluation Methodology: All prices, including options, will be evaluated for reasonableness and in accordance with FAR 52.225-17, Evaluation of Foreign Currency Offers (FEB 2000) and FAR 52.217-5, as applicable. The techniques and procedures described under FAR 15.404-1, “Proposal Analysis Techniques”, will be used in the evaluation of the price proposal.

(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)

CLAUSES INCORPORATED BY FULL TEXT

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.:

[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:

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…