RFP HU0001-10-R-0001.doc

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Statement of Work (SOW) Base IDIQ:

Technical Requirements:

This statement of work details the requirements to provide of AV and Simulation support infrastructure, distribution planning, system integration, technical support and provide technical expertise for support/design, installation, operations and upgrade planning for all current and future USU locations.

The choice of which firm to use for an individual action will be a the discretion of the Contracting Officer, in accordance with the procedures outlined in FAR Part 16.505(b) which will be used to determine the best interest of the Government based on the stated evaluation factors in each Request for Task Order Proposal (RFTOP).

USU reserves the right to use other sources, if such action is in the best interest of the Government.

Design Services:

Contractor will assist and provide guidance in designing AV and simulation requirements. Contractor will be required to meet with stakeholders to determine goals of equipment use and desired outcomes of installation. Design will include accounting for labor cost, equipment cost integration, testing, software costs and installation. Equipment/software recommendations will include a range of possibilities that meet the requirements laid out by the stakeholders. Rough drawings and engineering diagrams will be part of the design phase of any project. As technology and software change, contractor will make recommendations for changes to the university infrastructure to include cost of said changes and how the changes should occur. Additional guidance and design for AV and simulation requirements will develop with changes in curriculum and goals.

Installation/Removal Services:

Contractor may be responsible for the installation of new equipment and successful integration with existing equipment. Contractor may also be responsible for removal and/or disposal of existing equipment. Installation/removal will be coordinated with the Contracting Officer’s Representative (COR) designated in each task order. Contractor must be available during normal business hours (7:00 AM – 4:00 PM Mon-Fri), afterhours and weekends. Installation/removal must be coordinated around room availability. Contractor will be required to maintain a log including serial numbers of all equipment removed and provide the log to the COR listed in the task order. Who (Government and/or Contractor) will be responsible for disposal will be established in each task order award.

Deliverables:

Equipment listed in each task order. Contractor must also provide finished drawings of all wiring and equipment installation in electronic and hardcopy format for each awarded task order. The contractor must provide copies of all control software and programming required for equipment use and management. All operating/technical manuals, warranty information and specifications must be provided on all installed equipment. Finished drawings become the property of the Government and may be used for operations, maintenance, upgrades and any and all future projects as required.

Technical Support:

Contractor will provide general maintenance to include quick turnaround tech support in the form of telephonic or technician visits on an on-call basis. Contractors must respond within 24 hours to requests for service support. The contractor must notify the COR of any software updates within one week of availability. Contractor will provide needed/requested updates to software utilized in the AV and simulation systems within 72 hours of request throughout the life of the contract. The support will include any training updates for university personnel in response to changes or repairs that may occur throughout the life of the contract. Contractor will notify government of potential problems involving the age of equipment or reaching a lifecycle point in the equipment’s usefulness. Requests for technical support are authorized to be placed on departmental government purchase cards (GPC) as the purchase and payment mechanism, if under the micropurchase threshold.

Training:

Training requirements will be detailed in individual task orders. These requirements will be based on changes in technology, equipment, or programming utilized in the support of the teaching mission in the rooms supported by this contract. Training will be presumptive to any changes that occur in the above rooms that support technicians are required to maintain. Contractor will provide on-the-spot training for any equipment and/or software that are changed out in response to equipment failure or maintenance by the contractor. Contractor will notify COR of any upcoming changes that will require training of the support staff so that the training can be scheduled at a convenient time for the staff and contractor.

AV Equipment Rental:

Contractor will provide reasonable cost rental and support for equipment needed for intermittent events as graduation, conferences, and meetings supported by the government. The equipment needed for these events would be for equipment not normally kept, because use would be sporadic and purchase would not be in the best interest of the government. This support will include a review of the equipment required with the stakeholders; a suggested equipment list to meet the requirement; delivery and set up of required equipment; training in equipment use for support personnel; on-site support, if necessary, during the event (or telephonic availability if on-site is not necessary); and, breakdown and pickup of equipment after the event.

Simulation:

Design and development of an immersive virtual-reality theater for medical team training and other simulation services to support the university and hospital.

Contract Administration:

Administrative Fee for Use for Non-USU Entities:

A onetime .5% (not to exceed $500.00) fee shall be applied to each order awarded under this IDIQ contract by other federal agencies. The contractor shall charge the requesting agency the designated fee and submit payment to USU in the form of a check. The fee shall be paid to USU within 45 days of task order award. Amount of fee is based on total task order award amount, inclusive of options.

If the order is canceled/terminated prior to contractor performance the USU processing fee will not be charged. The fee will be non-refundable and cannot be later reduced due to an adjustment in the task order award amount (See SOW).

The fee is to cover administrative costs of the USU Contracting Office (CTR) issuing Requests for Task Order Proposal (RFTOP). The requesting agency will submit a request to the CTR to utilize the AV MATOC. The request will be submitted on a request form created at a future date. If the request is accepted, CTR will assign an order number. The requesting agency must provide CTR the statement of work (SOW) and or specifications, to include delivery schedule/performance period, option periods (if applicable), independent government estimate (IGE), evaluation factors, POC at requesting agency (Contract’s Office), requested due date for proposals and preferred means of proposal submission.

CTR will issue the RFTOP in accordance with the procedures of FAR Part 16.505(b) and direct offerors to submit their proposals to the requesting agency. The requesting agency will conduct evaluations and award. A Contracting Officer at USU will co-sign all awards. The requesting agency will email the task order award to USU for signature and USU will return the signed task order to the requesting agency. The requesting agency will notify the selected contractor of award and notify all unsuccessful offerors. The task order award number will be the order number assigned by CTR.

The selected contractor will be required to notify the contract specialist at USU listed on the RFTOP of award, in writing, within ten (10) calendar days of award. The notification must include the following:

· Name of Contractor (Including POC Information)

· Name of Agency (Including POC Information)

· Order Number

· Order Amount (Inclusive of Options Broken Out)

· Amount of Fee

· Performance Period (Inclusive of Options)

· Copy of Awarded Task Order

Contractor must notify the administrative contract specialist at USU via email when new Task Orders are received from other agencies. Faxed, mailed and/or verbal notifications will not be accepted.

The administration fee shall be paid by check made payable to “The Uniformed Services University of the Health Sciences.” The check shall be mailed to the following address:

USUHS/FMG

(Contract/Order #) 4301 Jones Bridge Road, A1040B Bethesda, MD 20814

The check must also include the contract number and task order number.

A copy of the check must be forwarded to the contract specialist listed in the base IDIQ contract.

If the contractor fails to provide the fee to USU within 45 days of task order award the contractor will be subject to a moratorium for any new award until such fee is received by USU.

Contracting Officer’s Representative (COR):

A COR will be identified in each task order, if applicable. The COR will be responsible for the following duties:

· Monitoring the Contractor's technical progress in accordance with the delivery schedule identified in the task order. This will also include the surveillance and assessment of performance and recommending modifications to the requirement to the Contracting Officer if needed.

· Interpreting the SOW and any other technical performance requirements.

· Performing technical evaluation.

· Performing technical inspections and acceptance required by the contract.

· Assists in the resolution of technical problems during performance.

The COR does not have the authority to change any terms and conditions of the contract to include, but not limited to, the performance period/delivery schedule, the scope of the requirement by limiting or broadening the SOW, and/or the total or unit prices of the order.

THE CONTRACTING OFFICER IS THE ONLY PERSON WITH THE AUTHORITY TO ACT AS AN AGENT OF THE GOVERNMENT UNDER THIS CONTRACT.

Subcontracting Opportunities:

Individual negotiated acquisitions expected to exceed $550,000.00 that has subcontracting opportunities, the successful offeror must submit an acceptable subcontracting plan within a reasonable time established by the Contracting Officer. Subcontracting plans are not required from small businesses.

DoD has established a test program which allows offerors to submit “comprehensive subcontracting plans on a corporate, division, or plant-wide basis” in order to reduce administrative costs, while still increasing subcontracting goals to various small business concerns. Comprehensive subcontracting plans are not subject to liquidated damages during the test period (DFAR Part 219.702). USU will require comprehensive subcontracting plans, if applicable, during the test program. If the test program is not extended or DoD does not provide an alternative method for submitting subcontracting plans, USU will follow the procedures outlined in FAR Part 19.702 for subcontracting plans.

The solicitation and resultant award(s) will contain FAR Clause 52.219-9 (Small Business Subcontracting Plan) and DFAR Clause 252.219-7003 [Small Business Subcontracting Plan (DoD Contracts] for any future requirements that have subcontracting opportunities that meet the dollar threshold.

Invoice Submission:

Invoice instructions will be included in each task order. Invoices may be paid by either DFAS or by GPC.

Invoices must be submitted in accordance with FAR Clause 52.212-4(g) “Invoices.” Invoices not submitted in accordance with FAR Clause 52.212-4(g) may be rejected. Contractors failure to submit an acceptable invoice may delay payment. Electronic invoices may be authorized.

Payment will be made in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

Travel:

Travel requirements will be identified in each request for task order proposal. Travel costs will be evaluated as part of the price evaluation for each task order requirement.

Task/Delivery Order Transmission:

Task and/or delivery may be issued by the awarding agency by any of the following means:

· Ground mail

· Faxed

· Emailed

The contractor is required to perform on any signed task order transmitted by any of the above authorized ways.

Service Contract Act (SCA):

A determination regarding the application of the Service Contract Act (SCA) will be made for each individual task order requirement. The SCA procedures outlined in FAR Part 22.10 (Service Contract Act of 1965, as Amended) and DFAR Part 222.10 (Service Contract Act of 1965, as Amended) will be followed.

Option Periods:

Task orders may utilize option periods. The total performance period for any task order may not exceed five (5) years.

Stated Minimum Quantity:

FAR Part 16.504(a)(2) requires a minimum quantity be provided to the contractor for establishment of a binding contract. The minimum quanitity is $500.00 per awarded contract.

SITE VISIT

Site Visit One site visit will be offered on April 1, 2010 at 10:00 AM EST for task order 0001 (Lecture Hall and Auditorium Upgrade). An alternative site visit will not be scheduled, unless the installation is closed due to unforeseen events. USU is located on a secure installation, therefore guests to USU must be on the base access list. Offerors interested in attending the site visit must register with the primary contract specialist, with a copy to the secondary contract specialist, by close of business (COB) March 29th. Requests received after that date will not be on the access gate list and access will be denied. Faxed, mailed or telephonic requests will not be accepted. Notes from the site visit will be posted as an amendment to the solicitation within approximately five (5) calendar days of the site visit.

The following information must be included in offeror’s request to attend the site visit:

· Name of Company

· Name of Individual(s)

· Phone Number(s)

· Email Address(es)

· License Plate Number(s) Primary Contract Specialist: Ms. Michelle Creenan (micreenan@usuhs.mil) Secondary Contract Specialist: Ms. Carolyn Lisovich (carolyn.lisovich.ctr@usuhs.mil)

Due to parking issues at USU, offerors will be restricted to two (2) representatives and encouraged to carpool. All efforts will be made to secure visitor parking if available.

The site visit will begin in the Contracting Office, located in building A, room 1040C. The site visit will begin promptly at 10:00 AM EST. Offerors are highly encouraged to arrive at the installation a minimum of 45 minutes prior to the commencement of the site visit to allow for possible vehicle inspection at the main gate and to secure parking.

Offerors must access the installation at the main gate located on Wisconsin Avenue, across the street from the Medical Center Metro Station.

QUESTIONS

Question Submittal Offerors may submit questions/clarifications in reference to any areas of the RFP. Questions/clarifications must be submitted via email to the primary contract specialist, with a copy to the secondary contract specialist. Submitted questions/clarifications will not be accepted by any other means. Questions/clarifications must identify the section of the RFQ. Questions/clarifications will be answered in an amendment to the solicitation. Questions/clarifications will not be discussed over the phone.

All questions/clarifications must be submitted by COB April 6, 2010. Questions submitted after this date will not be answered unless a deficiency is identified, which would compromise the quality of the proposals received in response to this solicitation.

Primary Contract Specialist: Ms. Michelle Creenan (micreenan@usuhs.mil) Secondary Contract Specialist: Ms. Carolyn Lisovich (carolyn.lisovich.ctr@usuhs.mil)

PROPOSAL SUBMISSION

Proposal Submission Instructions Proposals submitted shall be formatted as follows and furnished in the number of copies as stated. Each offeror will be required to provide two (2) complete sets (with original signatures) of their complete submission, which would include Technical Proposal, Cost/Price Proposal and the following additional items:

· A completed copy of FAR Provision 52.212-3, Alternate I (Offeror Representations and Certifications—Commercial Items).

· Signed Copy of SF 1449, acknowledging the latest amendment

· Statement that the proposal is valid for 90 days.

· Completed Copy of DFAR Provision 252.212-7000 (Offeror Representation and Certifications-Commercial Items)

Technical Proposal:

In addition, each offeror shall submit ten (10) copies of their Technical proposal which will address Evaluation Factors I, II and III (Corporate Experience, Past Performance and Socio-Economic Status). See the listed evaluation factors for the information requested for performance capabilities. Each proposal (all copies) shall contain a clearly identified section for each evaluation factor: Corporate Experience, Past Performance, and Socio-Economic Status. Each of these sections shall be labeled by some form of tabbing (i.e. Factor I, Factor II, Factor IV).

It is estimated that proposals should be approximately 50 pages in length, this amount is an estimate and proposals larger than 50 pages will not be rejected. Proposals shall be mailed to:

Uniformed Services University of the Health Sciences

Director of Contracting

Attn: Ms. Michelle Creenan

4301 Jones Bridge Road, A1040C

Bethesda, MD 20814

Cost/Price Proposal:

Each offeror will submit four (4) copies of their price proposal (Factor III).

Price proposal will include:

· Hourly Bill Rates for Key Personnel

· Discount Offered on Equipment

RFTOP 0001: Upgrade to Lecture Halls and Auditorium:

USU has a requirement to upgrade five (5) lecture halls and one (1) auditorium to the current control systems already installed in the rooms and modifying the existing podiums and equipment racks into a cohesive and efficient system. Offerors interested in submitting a proposal for the first requirement to be awarded under the resultant MATOC award, please see the attached “RFTOP 0001-Upgrade Lecture Halls and Auditorium.” The attachment includes the SOW, evaluation factors and proposal submission instructions. Offerors are not required to submit a proposal for RFTOP 0001 in order to be considered as an awardee under the MATOC.

PROPOSALS WILL ONLY BE ACCEPTED BY COMMON CARRIER. PROPOSALS WILL NOT BE ACCEPTED VIA E-MAIL, FAX OR HAND DELIVERED. PROPOSALS SUBMITTED IN THIS FORMAT SHALL BE REJECTED.

Each proposal must contain a cover sheet with the following information:

· Company Name and Address

· Name, telephone number and e-mail address of point of contact*

· Solicitation Number

· Number of pages of proposal

· DUNS number

· Tax Identification Number (TIN)

· Socio-economic status

· A statement of acknowledgement of latest amendment**

*A confirmation that a proposal has been received and is on time will only be sent if an e-mail address is provided.

**An offeror’s proposal will be considered non-responsive if this information is lacking.

Proposals and past performance surveys are due on April 22, 2010 at 2:00 PM EST. Late proposals and past performance surveys will not be considered.

Proposals must be received in the USU mailroom or the USU Contracting Office (Building A, Room 1040C) by the due date and time to be considered on time. Proposals not received by either of these locations by the due date and time will be considered late and will be handled in accordance with FAR Part 52.212-1(f). It is the offeror’s responsibility to ensure that proposals arrive to the designated office by the closing date and time.

Offerors shall be registered in Central Contractor Registration (CCR – www.ccr.gov) by the closing date of the solicitation. Proposals of offerors not registered in CCR will not be accepted and will be considered non-responsive.

EVALUATION FACTORS

“The objective of source selection is to select the proposal that represents the best value” (FAR Part 15.302). Award will be made to contractors representing the best value to the Government using tradeoffs between the evaluation factors listed below. Tradeoffs allow the Government to select those contractors representing the best value to the Government by conducting a tradeoff between the evaluation factors. The Government is not required to award to the lowest priced offeror or the highest technically rated offeror.

Award will be made to the offeror whose offer is technically acceptable and whose Corporate Experience, Technical Expertise, Past Performance, Price and Socio-Economic Status are the best value to the Government. All evaluation factors other than price, when combined are significantly more important than price. However, as non-price evaluation factors are rated more equally among technically acceptable offerors, the importance of price increases. The Government reserves the right to award without discussions.

The Government may reject any proposal that has been determined to be unrealistic in terms of price, when compared to the Government estimate, market research and other offerors. Proposals may also be rejected if the offeror does not display a clear understanding of the requirements or the terms and conditions, in their proposal.

Evaluation factors are listed in their order of importance, with the most important being listed first. Evaluation factors I (Corporate Experience), II (Past Performance)and V (Socio-Economic Status) when combined are significantly more important than cost or price.

I. Corporate Experience (Most Important): Offerors are required to provide a narrative of their corporate experience in providing AV and simulation support in the following areas:

· Design Services for AV and Simulation Requirements: With a focus on university/college AV design and medical simulation for combat zones.

· AV and Simulation Installation and Removal: With a focus on projects involving integration and ability to meet project timelines/delivery schedules.

· Deliverables: With a focus on the range of products/brands offered.

· Technical Support: With a focus on the qualifications of technical support team and how technical support is provided (emergency repairs, PM visits, phone support, turn-around, etc)

· Training: With a focus on the type(s) of training provided to customers.

· AV Equipment Rental: With a focus on the types of equipment available for rental and type of support provided (set-up/breakdown, on-site, telephonic, etc).

Offerors are not required to have Corporate Experience in all areas identified; however the number of award(s) made will be based on the mix of resources contractor(s) have and the ability to maintain competition among the awardees.

Offerors are required to provide resumes of key personnel in the following positions/capabilities:

· Project Manager(s)

· Design Services for AV Requirements (Subject Matter Expert(s), Applications Engineer, Network Engineer)

· Design Services for Simulation Requirements (Subject Matter Expert(s), Applications Engineer, Network Engineer)

· Technical Support

Offerors may provide resumes for additional positions the offeror feels are key to successful performance. Offerors must indicate whether resumes provided are current employees or possible future employees. Any offeror providing a resume of an individual for an identified key position, who will not be available during contract performance, must provide an alternative with comparable qualifications.

II. Past Performance (More Important than III & IV, Less Important than I): The Government shall evaluate the offerors present and past performance within the past three years. Offerors must provide a list of all contracts awarded to them within the past three (3) years. The Government reserves the right to select which references to contact. The following must be provided for each listed contract:

i. Name of agency and/or business and address

ii. Name of current point of contact including telephone number , e-mail address and title

iii. Contract number

iv. Contract value

v. Contract period of performance

vi. Brief description of services provided

Offerors may provide copies of recent past performance evaluations. USUHS may request additional information at any time.

Three (3) completed past performance surveys must be submitted. The surveys must be submitted by the customer reference by the due date of proposals. The surveys must be emailed to the listed contract specialist with a copy to the secondary contract specialist. Past performance surveys included in the proposal, but not received by the customer reference will not be considered. Past performance surveys submitted by the offeror will not be accepted. Past performance surveys may be submitted for subcontractors; however a minimum of two (2) surveys must be received from the prime offeror.

Offerors will have an opportunity to address any adverse past performance history. Offerors who do not have any past performance history will not be rated favorably or unfavorably, but will instead receive a Neutral/Unknown rating for past performance. Offerors must clearly state in their proposal if they do not have at least three (3) past performance references. Failure to provide this information will render an offeror’s proposal non-responsive and will not be considered for award. Offerors may provide past performance surveys for subcontractors they have worked with on previous and/or current contracts; however the majority of the past performance surveys must be for the offeror..

More than three (3) past performance surveys will be accepted.

The following numeric ratings will be used to evaluate past performance on the past performance surveys:

A strong history of relevant past performance may be more advantageous to the Government than a less relevant record of favorable performance. The most weight will be given to relevant past performance in the area of

AV and simulation support services provided to medical universities/institutions. The Government reserves the right to use data provided by the offeror and data provided by alternative sources in conducting its assessment of past performance history.

If offerors provide their email address in the Past Performance Survey, an email will be sent to the listed email address by USU that a Past Performance Survey was received and the name of the agency/business submitting the survey.

The Past Performance Survey is attached in the FBO Posting.

III. Price Proposal (More Important than IV, Less Important than I & II): Offerors must provide the percentage discounted off of the MSRP for the top 25 AV and simulation brands offered. Offerors must also include if quantity/volume discounts are offered.

Offerors must provide the loaded hourly bill rates for the following positions (or similar):

· Technical Support (Telephonic, Emergency, Routine Maintenance, After Hours, Etc)

· Design Engineering Support

· Project Manager

· Programmer

· Training

· Network Engineer

· Applications Engineer

Offerors may also provide the loaded hourly bill rates for other key positions identified in their proposal.

V. Socio-Economic Status (Less Important than I, II & III): Offerors must submit certifications for each small business status or program represented by the contractor. Offerors with multiple representations will be considered more advantageous to the Government.

AV and Simulation Support

FFP

FFP requirements for AV and Simulation support.

FOB: Destination

MAX

NET AMT

AV and Simulation Support

T&M

T&M requirements for AV and Simulation support.

TOT MAX PRICE

CEILING PRICE

AV and Simulation Support

FP-EPA

FP-EPA requirements for AV and Simulation support.

MAX NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

02-MAY-2015

02-MAY-2015

02-MAY-2015

CLAUSES INCORPORATED BY REFERENCE

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:

(i) Corporate Experience

(ii) Technical Approach

(iii) Past Performance

(iv) Price

(v) Socio-Economic Status

Technical and past performance, when combined, are significantly more important than price.

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

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

(End of provision)

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

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

(a) Definitions. As used in this provision:

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

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

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

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

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

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

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

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

____Black American.

____Hispanic American.

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

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

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

____Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.