N00189-13-T-0075.doc

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

1.0 Background

Navy Cyber Forces Command intends to consolidate all command functions by the physical move of the FCC, NCF, and NCDOC organizations to Suffolk Virginia.

2.0 Objective

Provide contractor services to support the physical move of the FCC, NCF, and NCDOC organizations to Suffolk Virginia. The move will be executed from Joint Expeditionary Base Little Creek-Fort Story, 2465 Guadalcanal Road, Virginia Beach, VA 23459-3228 and Buildings V-53, SP-367 and W-143, Naval Station Norfolk, Norfolk, VA 23511 to Buildings 112 and 115 Lake View Parkway, Suffolk, VA 23435.

3.0 Scope The organization that will be moving is defined as Commander Navy Cyber Force (NCF), Fleet Cyber Command, South (FCC), Naval Network Warfare Command (NETWARCOM), and Navy Cyber Defense Operations Command (NCDOC). Moves will be executed simultaneously from two geographically dispersed installations in the South Hampton Roads area. Multiple moving crews and equipment will be required.

The move will be planned by Space and Naval Warfare Systems Command (SPAWAR) based on the most efficient movement of required Cyber information technology systems. For solicitation and planning purposes the Schedule and Equipment List (Attachment 1) provides a list of items, furnishings and equipment to be moved, their present location and their designated new location.

The contractor will be responsible for moving pre-packed boxes of individuals scheduled to move, along with any associated files, safes, filing cabinets, shelves, tables and any other associated administrative equipment. For solicitation and planning purposes each person is expected to have two moving boxes approximately 3.1 cubic foot in size. Mover will be responsible for moving boxes from current office spaces and placing them in new offices. Pickup and drop off locations will be designated in the finalized plan and equipment list.

Actual personnel moving each day will be determined by SPAWAR and may be adjusted as move progresses. In developing move plan, fifteen to fifty personnel will move each day, excluding federal holidays. It is expected that all items will be moved as identified in Attachment 1.

Contractor should plan to have a crew available every work day during the move period. There will be no moves executed over the weekend periods.

Table 3-1 indicates the estimated number personnel moving by command and the estimated number of personnel moving from each location. Attachment 1 indicates the scheduled time period for each move and known estimated sizes and weights of these items.

TOTAL STAFFING

Table 3-1 Total Personnel Moving (1578)

THE FINAL SCHEDULE FOR THE MOVE IS TO BE DETERMINED AT THE Commander Navy Cyber Force COMMAND’s SOLE DISCRETION. There will be no cost to the Government as a result of schedule changes. The Government will advise the successful offeror and contracting officials of the move start date not later than 30 days prior the move.

4.0 Contractor Qualifications The contractor must have demonstrated to the Government’s complete satisfaction that they are fully aware of all facets involved in the move, has the capability, and can schedule the workforce and equipment to accomplish the installation and move within the specified time frames established. The contractor must have experience with similar agencies in a sensitive environment.

ALL Contractor personnel must be United States Citizens and sign a non-disclosure statement prior to any performance. All material will be considered and packages as SECRET and will be moved in accordingly. The storage of classified information shall be coordinated and approved by the COR prior to the actual storage event occurring. The Government reserves the right to:

5.0 Tasks Contractor will provide manpower, equipment, tools, packing supplies, tarps, and all related services for a complete and efficient move of the Navy Cyber Forces Command, commands and departments and their furnishings, equipment and supplies from their present location to their new location. Contractor- supplied moving equipment will not damage or mark floors or walls.

Contractor will perform all services required to move property from the present locations to its new locations as directed. These services will include padding, packing, crating as appropriate for the safe transport of the property, unpacking and uncrating as required, placement of property in new location, removal of padding and crating materials from the premises and any other service required to meet the requirements of this contract.

The Contractor will use only weather tight vehicles for transporting all materials. Protective covering (e.g. tarps) will be used to protect the property during loading and unloading operations in the event of inclement weather.

When disassembly of property is necessary for safe and efficient transportation, such disassembly and reassembly at new location will be performed by the Contractor. The Contractor will furnish the appropriate tools to perform the assembly/disassembly.

All electronic and photographic equipment, computers, and similar sensitive and fragile equipment will be moved and extraordinary care will be taken in the padding and securing of each piece of such equipment.

Before moving any item, the Contractor will verify that each item is properly labeled. All vehicles will be unloaded and all items in their designated places prior to the end of the workday.

There shall be no provisions for additional charges unless such charges are incurred due to circumstances outside the control of the Contractor and could not have been forecasted by prudent pre-bid analysis of the project. Any such additional charges must be completely documented by the Contractor, then accepted, endorsed and approved by the Government prior to commencement of additional work. No additional work will commence until the NAVSUP FLC Contracting Officer has provided an approved modification to the contract under ANY circumstances. Violation of this will result in an Unauthorized Commitment situation.

6.0 Specific Tasks

The contractor will be directly responsible for ensuring the accuracy, timeliness and completion of all tasks assigned under this contract. Specifically, the contractor will provide:

The Contractor will provide all manpower, equipment (dollies, vans, tools etc.) and related services to accomplish the receiving (truck unloading), delivery, assembly and installation of furnishings and other equipment.

The Contractor will be responsible for setting items in their designated rooms, unpacking and assembling all previously disassembled furnishings and disposing of all packing materials, and ensuring that the area is neat at the end of each day. The Contractor will furnish the dumpster and/or trash compactor if required.

The Contractor will be expected to designate a single individual as its project manager (PM) for each naval installation. These project managers will remain on-site at all times and will be responsible for coordinating the activities with the Navy for moves on both naval installations. The Contractor will provide all cell phones and communications required for each PM. The contractor shall adhere to cellular phone and electronic communication restrictions at the original and final locations. No government equipment will be provided in support of this move.

The Contractor will provide all the necessary labor and material handling equipment required to carry out their responsibilities within the time frame set by the government. The installation of furnishings and equipment will be completed per the government-approved schedule to ensure minimal disruption of operational capabilities.

The move will be executed from Joint Expeditionary Base Little Creek-Fort Story, 2465 Guadalcanal Road, Virginia Beach, VA 23459-3228 and Buildings V-53, SP-367 and W-143 and Naval Station Norfolk, Norfolk, VA 23511 to Buildings 112 and 115 Lake View Parkway, Suffolk, VA 23435.

It is the intent of SPAWAR and Navy Cyber Forces Command to accomplish this move with absolute minimal disruption of cyber support service and mission critical operations.

Schedule changes will be coordinated between the contractor and the COR or his representative. There will be no cost to the government for schedule changes. The COR will advise the Contractor of the move start date as far in advance as possible. Working hours will be adhering to standard military working hours. Any extensions will be coordinated with the COR or his representative. Extensions requiring the use of overtime shall not be affected without an approved contract modification under any circumstance.

The Contractor will identify where special packaging is needed during the walkthrough or by experience with other similar projects. The contractor is responsible for packing and unpacking all common files, supplies and existing equipment to be relocated. The Contractor will move all boxes, files, professional books, equipment and supplies and furnishings.

The Contractor will ensure that vacated spaces are clear of all equipment, furnishings and trash. The COR or his representative will conduct an inspection of the vacated spaces to ensure all items have been appropriately accounted for and removed. Conversely the COR or his representative will conduct an inspection of the newly occupied spaces to ensure all equipment has been appropriately accounted for and replaced as required.

7.0 Ordering Period

The ordering period is 1 September 2013 and 31 August 2014. The Government Contracting Officers Representative (COR) will notify the contractor no later than 15 days in advance of the move date. The contractor will have upon issuance of order: 90 days to move to building 115, 120 days to move to building 112 or 120 days to move both buildings simultaneously. The COR will provide the contractor the move schedule approximately for each week approximately 1 week in advance. It is the contractors responsibility to manage the move appropriately to ensure the move schedules are executed on a weekly basis. The Mission-critical operational contingencies may require this period of performance to change. All efforts will be made to keep the successful offeror and contracting representatives advised of prospective changes as soon as practicable.

8.0 Data Use, Disclosure of Information and Handling of Sensitive Information The Contractor will maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of sensitive information. The Contractor will provide information only to employees, Contractors, and subcontractors having a need to know such information in the performance of their duties for this project.

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

If public information is provided to the contractor for use in performance or administration of this effort, the contractor except with the written permission of the Contracting Officer may not use such information for any other purpose. If the contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the contractor will consult with the COR regarding use of that information for other purposes.

Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or Contractor personnel will not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Commander, Navy Cyber Forces Command. The Contractor will not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein will preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at not cost to the Government between the Contractor and the data owner that provides for greater rights to the Contractor.

All data received, processed, evaluated, loaded, and/or created as a result of this delivery order will remain the sole property of the Government unless specific exception is granted by the Contracting Officer.

9.0 Points of Contact

All contract questions and concerns will be directed to the Government Contract Specialist, contact information identified below. The contracting officer is the only individual with the authority to amend this contract.

Contracting Officer’s Representative:

TDB

10.0 Invoicing

The Contractor will develop a payment schedule based on deliverables, and will be reviewed by the COR. If payment schedule is acceptable to the Government, the contractor will invoice once a month and a final invoice upon project completion.

11.0 Other Administrative Considerations

Hours of Work - Hours of work are flexible but on-site core business hour staffing will cover 8:00 a.m. to 5:00 p.m. Monday through Friday (excluding Federal Holidays). The COR or his representative and the contractor must mutually agree upon all deviations to this schedule. Any agreed upon deviation must be submitted in writing as a conditions found report with any proposed pricing changes to the contracting officer for inclusion in a modification to the original contract. No deviations will be effective without an approved modification.

INSTRUCTIONS TO QUOTERS

I. GENERAL

This requirement will be awarded using the procedures under FAR Part 13.5, Test Program for Certain Commercial Items. The quotation package shall consist of:

Factor I - Past Performance

Factor II - Price Proposal

IMPORTANT NOTES:

(1) In order to ensure that all questions submitted by potential quoters are answered prior to the solicitation closing date, one consolidated list of questions concerning the solicitation should be submitted via e-mail to the contracting point of contact, Javier Aponte at javier.aponte@navy.mil no later than 4:00 pm, Eastern Standard Time (EST), on July 24, 2013. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, quoters are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the quote timeframe.

(2) Quotations are due by the date and time shown in Block 8 of the RFQ; and are to be submitted via one of the following methods:

If sent Other than United States Postal Service:

Fleet Logistics Center Norfolk

Mail and Material Processing Center Code 200

Attn: Javier Aponte, Code 240C

9550 Decatur Avenue

Norfolk, VA 23511-3328

If sent using United States Postal Services:

Fleet Logistics Center Norfolk

Contracting Department

Attn: Javier Aponte, Code 240C

1968 Gilbert Street, Suite 600

Norfolk, VA 23511-3392

Electronic Mail (E-Mail):

javier.aponte@navy.mil

II. REQUIREMENTS FOR QUOTE CONTENT

(1) Quotation Page Limitations:

The following page limitations are established:

Past Performance is limited to the maximum number of pages as defined in the table above. Each “page” is defined as one sheet, 8 ½ “ x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12 point font). Lines shall, at a minimum, be single-spaced. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. Any cover sheet, compliance matrix, table of contents, tabs, and dividers will not count toward the page limit. Pages submitted in excess of the page limitations described above will not be evaluated.

The Price Quote is not page limited; however, the Price Quote is to be strictly limited to price information and completed solicitation documents.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the quote.

III. QUOTE CONTENT

The Government intends to award a Indefinite Delivery/ Requirements contract with Firm Fixed Priced (FFP) Provisions to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors and sub-factors in the solicitation. The Government intends to award solely on the information contained in the quote and is not obligated to seek completion or clarification of technical and past performance information.

Factor I - Past Performance:

In order to facilitate the Government's evaluation of this factor, the quoter shall provide information on no more than 3 previous contracts whose effort was relevant to the effort required by this solicitation; the contracts provided should have been performed within the last 5 years. Evaluation will focus only on work experience already performed. Yet-to-be performed work and experience prior to the last 5 years will not be considered. Quoters may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

Relevant past performance for proposed subcontractor(s) may be submitted. If subcontractor contracts are submitted, the quoter must also clearly indicate the percentage of work that the subcontractor(s) will perform under each task/category of effort throughout the course of the contract.

Quoters who describe similar contracts and subcontracts should provide a detailed explanation demonstrating the similarity of the contracts, in terms of scope and magnitude, to the requirements of the RFQ for purposes of the relevancy review. This information shall be provided by the submission of Attachment VI - Past Performance Information Form. The Past Performance Information forms will count toward the page limit described above. For additional information regarding a particular reference beyond that which will fit on the form, the quoter may provide up to three (3) additional pages per reference. Each past performance reference included shall not exceed four (4) pages (one (1) Past Performance Information Form and three (3) additional pages). Such continuation sheet(s) for submitted references will count toward the page limit. The data sheet shall be completed in its entirety and one copy submitted 5 days prior to the closing date of the solicitation. Failure to submit the completed questionnaire, or comparable format, shall be considered certification (by signature on the proposal) that the contractor has no relevant past performance. In addition to the information requested above, quoters shall contact their past performance references and request that each reference complete Attachment VII "Past Performance Report Form" and fax or e-mail the completed survey form directly to Javier Aponte, Fleet Logistics Center Norfolk, 1968 Gilbert Street, Suite 600, Norfolk, VA 23511-3392, e-mail: javier.aponte@navy.mil, Fax Number: 757-443-1424, BEFORE THE DUE DATE OF THIS SOLICITATION. The Government may consider questionnaires received after the due date of the solicitation. The Government reserves the right to contact references for verification or additional information.

Factor II – Price:

Price submission shall include a complete and detailed price breakdown with all supporting documentation, as follows:

a) Completed Schedule of Supplies/Services

b) Supporting information including a complete breakdown of prices and rates

Vendors shall submit one original signed copy of the completed Standard Form (SF) 1449, and if applicable, executed copies of all Amendments, and executed Representations and Certifications. Signed copies shall be submitted either by mail, email or fax. Quotes submitted shall be in accordance with the Schedule of Services contained in the solicitation. Quotes shall be held firm for 90 days. The prices offered shall be submitted in accordance with the Schedule of Supplies and Services contained in the solicitation.

EVALUATION OF QUOTATIONS

The Government intends to award a Indefinite Delivery/ Requirements contract with Firm Fixed Priced (FFP) Provisions, to the responsible quoter whose quote represents the best value. Quotes will be evaluated using past performance, and price. Note: The Government intends to award solely on the information contained in the quote and is not obligated to seek completion or clarification of past performance information.

The selection of a vendor for award will be based on past performance and price, as follows the Government’s evaluation of quotes will consider Past Performance to be more important than Price:

(1) Factor I – Past Performance

(2) Factor II - Price

Quotes will be reviewed in the order identified above. The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Factor I - Past Performance

Past performance will be evaluated based on relevancy and confidence.

For the Past Performance factor, the rating tables identified in the table below, entitled “Past Performance Relevancy Ratings Table” and “Past Performance Confidence Assessment Ratings Table” will be utilized for the assignment of ratings for relevancy and confidence assessment. Past performance will be evaluated for confidence based on the relevance of the submitted contracts.

Past Performance will be assessed as follows:

Evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last 5 years, will not be considered.

Past Performance Relevancy Ratings – Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine its individual scope and magnitude relative to the instant requirement. The following definitions will apply to this evaluation:

· Scope: Experience in the areas defined in the SOW.

· Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the SOW and the quoter’s references.

The aggregated total sum of each quoter’s Past Performance references in terms of scope and magnitude will result in the assessed overall relevance of that quoter’s individual past performance reference submission. Quoters lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. However, the quote of a quoter with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous quote to the Government. In this instance, the quoter will receive a rating of “Neutral” in the past performance factor.

Past Performance Confidence Assessment Ratings – The overall assigned rating for Past Performance will be the Past Performance Confidence Assessment rating. The assignment of this rating will be based on the quality of the relevant past performance and will also consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of Past Performance Confidence.

This evaluation and rating is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation sub-factor, the Government will give greater consideration to the contracts which the Government feels are most relevant to the RFQ.

Factor II - Price

The vendor’s proposed price will be evaluated on the basis of price reasonableness. The evaluation may include, but is not limited to the following:

(A) Price comparison with other vendors;

(B) Completeness: a complete “SF1449: schedule of services” pricing information as it directly relates to what is requested in the solicitation;

(C) Comparison with independent cost estimates.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

DEFINITIONS:

Past Performance Relevancy Ratings

Rating

Description

Past Performance Confidence Assessment Ratings

Rating

Description

SELECTION

The Government intends to evaluate offers and award a contract using the procedures of FAR Subpart 13.1. The Government shall select the vendor whose quote represents the best value to the Government, considering price and past performance when compared to other quotations. The Government also reserves the right to not award a contract if a contract award is not in the best interest of the Government Section SF 1449 - CONTINUATION SHEET

MOVE TO BUILDING 112

FFP

CONSISTS OF NCDOC AND NNWC. PERFORMANCE IN ACCORDANCE WITH STATEMENT OF WORK (SOW) & ATTACHMENT I EQUIPMENT LIST.

FOB: Destination

MILSTRIP: N3600113RC005FS

PURCHASE REQUEST NUMBER: N3600113RC005FSB

SIGNAL CODE: J

NET AMT

MOVE TO BUILDING 115

FFP

CONSISTS OF FCC AND NCF. PERFORMANCE IN ACCORDANCE WITH STATEMENT OF WORK (SOW) & ATTACHMENT I EQUIPMENT LIST.

FOB: Destination

MILSTRIP: N3600113RC005FS

PURCHASE REQUEST NUMBER: N3600113RC005FSB

SIGNAL CODE: J

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2014

SEE STATEMENT OF WORK

AS INDICATED IN CONTRACT

NORFOLK VA 23511

FOB: Destination N00189

31-AUG-2014

FOB: Destination N00189

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) ALTERNATE I (APR 2011)

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

(a) Definitions. As used in this provision:

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

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

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

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

(ii) It [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

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

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

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

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

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

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

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

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

___ Over 1,000 ___ Over $17 million

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

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

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

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

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

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

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

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

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

____Individual/concern, other than one of the preceding.

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

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

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

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

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

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

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

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

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

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

(2) Foreign End Products:

(List as necessary)

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

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

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.