Blankets_Attachment_003_-_Proposal_Preparation_Instructions_(1)_(3).pdf

HSFE70-13-R-0071 Attachment 003 -- Proposal Preparation Instruction

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ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

1. INSTRUCTION FOR SUBMITTING PROPOSALS

1.1 General Instructions:

a. Proposals are due on or before September 13, 2013, 12:00 Noon, Eastern Standard Time to email address, Carolyn.Knight@fema.dhs.gov and Zahra.Hashmi@fema.dhs.gov to be considered responsive.

b. Questions due via email no later than September 9, 2013, by 9:00 a.m. EST.

c. Offerors shall provide a list of their proposed manufacturers and/or distributors for this effort.

d. Offerors shall provide a sample of the blanket. Blanket sample must be shipped to the following address. Samples will not be returned.

Federal Emergency Management Agency Attn: Carolyn Knight Office of Acquisition Management 395 E. Street, PP 5th Floor Washington, DC 20472

1.2 Instruction on Submission of Electronic Proposals via Email:

1. Each electronic file shall clearly label in accordance with solicitation provisions.

2. The entire proposal (signed) shall be submitted in a PDF format except the cost/price.

3. Adobe Acrobat shall be used to create the PDF files.

4. All submissions shall include the solicitation number on the line of the email.

1.3 Specific Instructions:

The written proposal shall be submitted electronically with three (3) attachments:

• Attachment 1: Technical Approach

• Attachment 2: Past Performance

• Attachment 3: Section B Price Schedule

1.3.a Offerors are required to submit their responses electronically to: Carolyn.Knight@fema.dhs.gov and Zahra.Hashmi@fema.dhs.gov.

1.3.b Format mailto:Carolyn.Knight@fema.dhs.gov mailto:Zahra.Hashmi@fema.dhs.gov mailto:Carolyn.Knight@fema.dhs.gov mailto:Zahra.Hashmi@fema.dhs.gov

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Margins – Top, Bottom, Left, and Right – 1” Gutter – 0” From Edge – Header, Footer – 1” Page size, 8.5” by 11”

1.3.c Additional Restrictions: Each paragraph shall be separated by at least one blank line. A standard, no less than 11-point font size applies. Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape. Legal size will counted as two pages and front and back will be counted as two pages.

1.3.d Page Count Identification Maximum pages

1. Attachment 1 –Technical Approach 10 Pages

2. Attachment 2 -Past Performance 10 Pages

3. Attachment 3 –Price No page limit

NOTES:

Those pages that exceed the page counts for technical will be removed prior to evaluation.

1.4 Attachment 1: Technical Approach

Offerors must submit sufficient information in a concise and comprehensive format to allow the government to evaluation the offeror’s capability in accordance with the evaluation criteria identified in the Solicitation.

1.4.a Requirement

1. The Offeror shall provide a SAMPLE that meets the technical and physically specifications outlined in the solicitation announcement. The sample will not be returned.

2. The Offeror shall explain in detail how they will meet the quantity and delivery time frames specified in the solicitation for both

a. Steady State/Stock Replenishment: at least 100,000 blankets in 30 days delivered to the Distribution Centers identified, and

b. Emergency Response/Surge Operations Delivery: at least 100,000 blankets delivered within 48 hours to any destination CONUS or nearest Port of Exit for OCONUS.

c. Depending on need, the agency may order more than the minimum required under this solicitation. In addition to the minimums, the Offeror shall include its maximum production and delivery capability for both Emergency Response/Surge and Steady State/Stock requests. For example, a weekly or monthly production figure, and the maximum number of blankets that the offeror can deliver in response to Emergency/Surge orders within 48 hours.

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3. The Offeror shall explain how the blanket is manufactured in accordance of Buy American Act. If the blankets are not manufactured in accordance with the Buy America Act, then the offeror shall state where the blankets are manufactured.

4. The Offeror shall explain how it proposes to meet the packaging, packing and marking requirements specified in the solicitation and delivery order request.

5. The Offeror shall explain how they meet the requirement to track individual truckloads from origin to destination by using a satellite tracking system or equivalent method to provide immediate product location. All CONUS orders shall be shipped FOB Destination, unless FOB Origin is requested by the Contracting Officer. All OCONUS orders shall be shipped FOB Port of Entry.

NOTE: Offerors must provide a detailed response to each requirement identified above.

Failure to do so may result in your proposal considered deficient and eliminated from further consideration.

1.4.b Contractor Responsibility Offerors must demonstrate their responsibility as a prospective contractor. Offerors must provide a response to support each of the following:

1. Offeror has adequate financial resources or the ability to obtain them to successfully fulfill this requirement.

2. If the offeror has other existing commercial and government contracts to provide the same item(s), offeror must state how it will comply with the requirements when taking other contractual obligations into full consideration.

3. Offeror shall outline their quality assurance measures to ensure that all products will meet FEMA’s requirements at delivery during steady state or disaster shipments.

1.5 Attachment 2: Past Performance

1.5.a Offerors shall provide past performance information to be evaluated in accordance to the Solicitation, Past Performance Factor. Offerors shall provide a list of all contracts similar in size, scope, and complexity completed or begun during the past (3) three years. Include the following information for each contract: Provide exactly (2) two references to include the following:

1. Name of Company

2. Point of Contact

3. Current Telephone Number and Email Address

4. Title of Work

5. Period of Performance

6. Brief Description of Effort and How This Effort Is Relevant to this Requirement.

7. Total Value of Contract (if applicable)

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1.5.b The Government reserves the right to use publicly available reports and data from Government performance systems. The Government may also use present and/or past performance data obtained from a variety of sources, not just those identified by the offerors.

You are responsible for ensuring that all contact information is current and relevant.

1.6 Attachment 001A: Price Schedule

1.6.a Offerors shall submit all pricing information on the Excel Spreadsheet provided in: Attachment 001A: Price Schedule

1.6.b Offerors must provide pricing for all CLINs. Partial pricing may be considered non-responsive.

Price Schedule Instructions

• Shipping will be included in the unit price for Steady State CLINS (Sites 1-5).

• Shipping will be included in the unit price for Emergency Response/Surge Operations Delivery CLINS (Sites 1-8).

• Shipping for Emergency Site 9(CONCUS) and 10 (OCONCUS) will be determined at order, when the location is determined.

1.7 52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM QUANTITY QUOTATION TOTAL

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(c) The information requested in this provision is being solicited to avoid acquisition in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

1.8 752.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

“Federal contracts and grants with total value greater than $10,000,000” means—

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

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

1.9 52.216-1 TYPE OF CONTRACT (APR 1984)

“The government contemplates to award a Firm-Fixed-Price Indefinite Delivery Indefinite Quantity (IDIQ) contracts resulting from this solicitation.” However the Government reserves the right to award more or less if it is beneficial to the government.

1.10 52.225-18 PLACE OF MANUFACTURE (SEP 2006)

(a) Definitions. As used in this clause—

“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;

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(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.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

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

(2) [ ] Outside the United States.

1.11 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Federal Emergency Management Agency 500 C Street, S.W., PP 5th Floor Washington DC 20472

Mailing Address:

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Washington DC 20472

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Addendum to 52.212-1)

1.12 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

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

Technical Past Performance Price

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

(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.

Award will be made without discussions (FAR 15.306-1(a)(3)). However, the Government reserves the right for discussion if it is in the best interest of the government.

1.13 EVALUATION FACTORS—

1.13.a FACTOR 1: Technical Approach

The technical proposal will be evaluated to determine whether the offeror effectively demonstrates the knowledge, understanding, and technical ability to successfully perform the requirements as described in the solicitation. The proposal must provide sufficient detail as outline in the solicitation to demonstrate the offeror’s ability. Offeror must receive a rating of “acceptable” for each factor to be considered acceptable overall. Mere statements that an Offeror can meet all requirements, without detailed supporting information, will be considered “unacceptable.” The technical specifications, descriptive

9 | P a g e material, literature, and brochures provided will be evaluated to ensure that it meets all of the requirements identified in this solicitation.

1.13.b Technical Proposal:

1. Does the SAMPLE meet the technical and physically specifications outlined in the solicitation announcement?

2. Did the Offeror explain in detail how they will meet the quantity and delivery time frames specified in the solicitation for:

a. Steady State/Stock Replenishment orders: delivery of 100,000 blankets within 30 days,

b. Emergency Response/Surge Operations orders: delivery of 100,000 blankets in 48 hours anywhere CONUS and to the Port of Exit for OCONUS, and

c. Does the Offeror include their maximum production capability and a plan to respond to Emergency Response/Surge and emergency requests?

d. Did the delivery schedule include CONUS and OCONUS deliveries?

3. Does the Offeror explain if the blanket is manufactured in accordance of Buy American Act, or, if not, where it is manufactured?

4. Does the Offeror explain how they will propose to meet the packaging, packing and marking requirements specified in the solicitation and delivery order request?

5. Does the Offeror explain how they meet the requirement to track individual truckloads from origin to destination by using a satellite tracking system or equivalent method to provide immediate product location?

6. Does the Offeror explain how their quality assurance measures to ensure all products will meet FEMA’s requirements?

NOTE: Offerors must provide a detailed response to each requirement identified above.

Failure to do so may result in your proposal considered deficient and eliminated from further consideration.

1.13c Contractor Responsibility Offerors must demonstrate their responsibility as a prospective contractor. Offerors must provide a response to support each of the following:

1. Does the offeror have adequate financial resources or the ability to obtain them to successfully fulfill this requirement?

2. Does the offeror have other existing commercial and government contracts to provide the same item(s)? Does the offeror state how it will comply with the requirements when taking other contractual obligations into full consideration?

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3. Did the Offeror outline their quality assurance measures to ensure that all products will meet FEMA’s requirements at delivery during steady state or disaster shipments?

1.13.d Rating Standards

Offerors will be rated acceptable or unacceptable.

Rating Definitions Acceptable A Contractor meets or exceeds all evaluation criteria requirements.

Unacceptable U Contractor cannot meet one or more of evaluation criteria

NOTE: A rating of “Unacceptable” for any factor or subfactor will render the entire technical proposal unacceptable. Failure to provide a sample will render your proposal “Unacceptable.”

Offerors whose technical proposal is determined to be unacceptable will be excluded from the competition without further consideration.

1.14 FACTOR 2: Past Performance:

The Government will evaluate the Offeror’s relevant past performance. The government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to similar efforts considering such factors as length of scope, number, complexity, and diversity of contracts completed by the firm. Past Performance either positive or negative which is considered by the Government to be more closely related to the scope of this effort will be given additional weight in the evaluation process.

The government will inquire about the following elements which are of equal importance:

(1) Quality of the Offeror’s work; (2) customer satisfaction; and (3) timeliness of performance and the completion of the contract. The government may research federal, state, and local commercial sources to determine the contract performance of the offeror that is not included in the submitted performance information. Additionally, professional experience and evaluator knowledge of offeror performance may be utilized.

Relevant is defined as work similar in complexity and magnitude to the work identified in this solicitation.

In this context, “Offeror” refers to the proposed prime contractor and all proposed major subcontractors.

A major subcontractor is defined as one who will be providing critical equipment/services whose subcontract is for more than 51% of the total proposed price. In either case, the prime contractor and proposed major subcontractors will be assessed individually and the results will then be assessed in their totality to derive the offeror’s Past Performance. The greater the equality in Past Performance, the more important the Prime contractor’s Past Performance rating becomes in selecting the best value for the Government. The Past Performance Factor must be addressed in detail and will be rated against the chart below: Evaluation Rating for Past Performance.

You are responsible for ensuring that all contact information is current and relevant.

Evaluation Rating for Past Performance

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FACTOR 2: PAST PERFORMANCE

Evaluation Rating for Past Performance Rating Definition

Superior

Based on an offeror’s past performance record, essentially no doubt exists that the offeror will successfully perform the

Satisfactory

Based on an offeror’s past performance record, some doubt exists that the offeror will successfully perform the required effort.

Neutral

No Relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment.

Unsatisfactory

Based on an offeror’s past performance record, extreme doubt exists that the offeror will successfully perform the required effort.

NOTE: If the Offeror fails to receive a rating of “Satisfactory” or “Neutral” for a Past Performance rating, the offeror will be excluded from competition.

1.15 FACTOR 3: Price

1. Government will evaluate the submitted pricing. Price is rated and will be evaluated separately.

Price will be evaluated to determine whether it is reasonable and if it reflects that the offeror understands the work. This factor will be evaluated utilizing price analysis techniques identified in FAR Part 15.404-1.

The analysis will include review of price reasonableness. The government will evaluate total price which is the sum of the base year and total price of each option year. However, the government will evaluate total price for base and each option year separately.

The pricing for items a thru c below will be evaluated for reasonableness and will remain constant for the life of the contract and become part of the contract. These rates will be used at the delivery order.

a. Unit price for Drop Trailer Fee

b. Unit price for Diversion Mileage Rate

c. Unit price for Diversion Labor Hour

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The award will be based on the grand total of the proposal.

Offerors are cautioned that unreasonably high or low and (unbalanced, i.e. high price base period, low price first option, high price 2nd option, etc.) prices may cause the proposal to be deemed unacceptable and rejected.

2. Options. The Government will evaluate each option separately. The government will also evaluate the grand total of the proposals which is the sum of all options. The award will be made based on the grand total of the proposal. Evaluation of options shall not obligate the Government to exercise the option(s).

Award(s) will be made to the lowest evaluated price for the proposal that meets or exceed the technical factors and past performance acceptability standards. An offer is technically acceptable if its technical approach conforms to the solicitation. The government anticipates awarding four contracts; however, the Government reserves the right to award more or less if determined to be beneficial to the government.

(END PROVISION 52.212-2)

1.17 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL

ITEMS (MAY 2011)

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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

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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;

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(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.

"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 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"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 the stock of which is owned by one or more women; and

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

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"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(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 .

(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)(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--

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

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

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

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

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

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.

(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) [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

17 | P a g e 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)(10)(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: ___________________.]

(11) 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)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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.

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(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that 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.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that 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

19 | P a g e 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. Country of Origin

[List as necessary]

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

Line Item No. Country of Origin

[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. 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":

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Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. 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

[List as necessary]

(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, 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:

Line Item No. Country of Origin

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[List as necessary]

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

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

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

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

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

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed.

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax

22 | P a g e because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice…