N61331-14-T-5501_SF1449.doc

Section SF 1449 - CONTINUATION SHEET

HP/LP AIR SOURCE, NO MOISTURE

FFP

Base Year. High/Low Pressure Air Sources (full sample), special air sample kit, emergency sample kit, in accordance with Attachment 4, Performance Work Statement (PWS).

FOB: Destination

ESTIMATED

NET AMT

HP/LP AIR SOURCE, WITH MOISTURE

Base Year. High/Low Pressure Air Sources (full sample), in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

RENTAL CHARGES

Base Year. In accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

KIT TRANSPORTATION

Base Year. Transportation costs in U.S. dollars for kit transportation. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed for actual transportation costs and handling as stated in the PWS. The Contractor shall propose for this CLIN $115,000.00.

ESTIMATED

BLIND CONTROL SAMPLE BOMBS

ESTIMATED

UNUSED SAMPLES

ESTIMATED

BREAKAGE AND LOSS

Base Year. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed the cost of the damaged item as stated in the PWS. See Attachment 1. The Contractor shall propose for this CLIN $2,124.00.

ESTIMATED

ESTABLISH WEBSITE

ESTIMATED

WEBSITE MAINTENANCE

ESTIMATED

Lot

CONTRACT DATA REQUIREMENTS LIST

Base Year. Exhibit A, DD Form 1423-1. In accordance with Attachment 4, Performance Work Statement (PWS).

Not Separately Priced.

ESTIMATED

HP/LP AIR SOURCE, NO MOISTURE

Option Year 1. High/Low Pressure Air Sources (full sample), special air sample kit, emergency sample kit, in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, WITH MOISTURE

Option Year 1. High/Low Pressure Air Sources (full sample), in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

RENTAL CHARGES

Option Year 1. In accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

KIT TRANSPORTATION

Option Year 1. Transportation costs in U.S. dollars for kit transportation. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed for actual transportation costs and handling as stated in the PWS. The Contractor shall propose for this CLIN $115,000.00.

ESTIMATED

BLIND CONTROL SAMPLE BOMBS

ESTIMATED

UNUSED SAMPLES

ESTIMATED

BREAKAGE AND LOSS

Option Year 1. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed the cost of the damaged item as stated in the contract. See Attachment 1. The Contractor shall propose for this CLIN $2,124.00.

ESTIMATED

WEBSITE MAINTENANCE

ESTIMATED

Lot

CONTRACT DATA REQUIREMENTS LIST

Option Year 1. Exhibit A, DD Form 1423-1 in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, NO MOISTURE

Option Year 2. High/Low Pressure Air Sources (full sample), special air sample kit, emergency sample kit, in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, WITH MOISTURE

Option Year 2. High/Low Pressure Air Sources (full sample), in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

RENTAL CHARGES

Option Year 2. In accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

KIT TRANSPORTATION

Option Year 2. Transportation costs in U.S. dollars for kit transportation. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed for actual transportation costs and handling as stated in the PWS. The Contractor shall propose for this CLIN $115,000.00.

ESTIMATED

BLIND CONTROL SAMPLE BOMBS

ESTIMATED

UNUSED SAMPLES

ESTIMATED

BREAKAGE AND LOSS

Option Year 2. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed the cost of the damaged item as stated in the contract. See Attachment 1. The Contractor shall propose for this CLIN $2,124.00.

ESTIMATED

WEBSITE MAINTENANCE

ESTIMATED

Lot

CONTRACT DATA REQUIREMENTS LIST

Option Year 2. Exhibit A, DD Form 1423-1 in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, NO MOISTURE

Option Year 3. High/Low Pressure Air Sources (full sample), special air sample kit, emergency sample kit, in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, WITH MOISTURE

Option Year 3. High/Low Pressure Air Sources (full sample), in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

RENTAL CHARGES

Option Year 3. In accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

KIT TRANSPORTATION

Option Year 3. Transportation costs in U.S. dollars for kit transportation. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed for actual transportation costs and handling as stated in the PWS. The Contractor shall propose for this CLIN $115,000.00.

ESTIMATED

BLIND CONTROL SAMPLE BOMBS

ESTIMATED

UNUSED SAMPLES

ESTIMATED

BREAKAGE AND LOSS

Option Year 3. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed the cost of the damaged item as stated in the contract. See Attachment 1. The Contractor shall propose for this CLIN $2,124.00.

ESTIMATED

WEBSITE MAINTENANCE

ESTIMATED

Lot

CONTRACT DATA REQUIREMENTS LIST

Option Year 3. Exhibit A, DD Form 1423-1 in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, NO MOISTURE

Option Year 4. High/Low Pressure Air Sources (full sample), special air sample kit, emergency sample kit, in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

HP/LP AIR SOURCE, WITH MOISTURE

Option Year 4. High/Low Pressure Air Sources (full sample), in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

RENTAL CHARGES

Option Year 4. In accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

KIT TRANSPORTATION

Option Year 4. Transportation costs in U.S. dollars for kit transportation. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed for actual transportation costs and handling as stated in the PWS. The Contractor shall propose for this CLIN $115,000.00.

ESTIMATED

BLIND CONTROL SAMPLE BOMBS

ESTIMATED

UNUSED SAMPLES

ESTIMATED

BREAKAGE AND LOSS

Option Year 4. In accordance with Attachment 4 Performance Work Statement (PWS). The Contractor shall be reimbursed the cost of the damaged item as stated in the contract. See Attachment 1. The Contractor shall propose for this CLIN $2,124.00.

ESTIMATED

WEBSITE MAINTENANCE

ESTIMATED

Lot

CONTRACT DATA REQUIREMENTS LIST

Option Year 4. Exhibit A, DD Form 1423-1 in accordance with Attachment 4, Performance Work Statement (PWS).

ESTIMATED

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

21-DEC-2015

21-DEC-2016

21-DEC-2017

21-DEC-2018

21-DEC-2019

* SEE INDIVIDUAL DELIVERY ORDERS.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

Federal contracts and grants with total value greater than $10,000,000 means--

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

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 will be used to evaluate offers:

Factor 1:

Technical Capability

· Sampling Kit

· Facilities

· Quality Assurance/Inspection System

· Website

Factor 2:

Key Personnel Resume

Factor 3:

Past Performance

Factor 4:

Price Factors 1, 2, and 3, and 4 are equal in importance.

1. The Government intends to make award using the Lowest Price Technically Acceptable Source Selection Process.

2. The Government intends to make award on the basis of initial proposals without conducting discussions, but reserves the right to conduct discussions if determined necessary (See FAR 52.215-1 ALT I). Offerors are advised to offer their most favorable terms and conditions in their initial proposal submission. Therefore, each initial offer should contain the Offerors best terms from a price and technical standpoint.

3. Offerors are advised that with the exception of the Sampling Kit(s) submitted with the proposal, the Government will not evaluate any information not contained within the body of the proposal. Letters of transmittal and/or cover letters that forward the proposal to the Government are not considered part of the body of the proposal.

4. The Government may reject an offer as non-responsive if it is materially unbalanced as to prices for basic and option items. An unbalanced offer is one, which is based on costs significantly less than cost for some work and/or significantly overstated for other work. Offerors are advised that a proposal containing unrealistic technical or schedule assertions or unrealistically low prices will be deemed indicative of a lack of technical understanding or a failure to comprehend the complexity and risks of the contract requirements and consequently may make the proposal unacceptable.

5. Offers submitted on a basis other than F.O.B. Destination shall be rejected as unacceptable.

6. Award will be made to the offeror who is deemed responsible in accordance with FAR 9.104; whose proposal conforms to the solicitation's requirements and is judged to be technically acceptable to the Government, and whose prices are deemed fair and reasonable.

7. The Government may contact government and commercial references submitted by Offerors and may use information in its files to verify information provided within the Offerors proposal.

EVALUATION OF TECHNICAL PROPOSALS

The Government has determined that the technical factors are equal in importance. The Technical Evaluator(s) will evaluate the proposals as specified in this clause for whether or not they have met the requirements specified in the Addendum to FAR 52.212-1, Instructions to Offerors and the Addendum to FAR 52.212-4, Performance Work Statement (PWS). The Offeror will be evaluated on an “ACCEPTABLE or UNACCEPTABLE” basis. Any proposal that is found to be “UNACCEPTABLE” in any factor of the Technical proposal may result in the entire Proposal being deemed unacceptable.

In order to be considered awardable, there must be an “acceptable” rating in every non-price factor.

The Government reserves the right to conduct a pre-award survey on any offeror found to be technically acceptable.

The following adjectival ratings/definitions shall be used for the evaluation of Factors 1 and 2.

Table 1: TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

The following adjectival ratings/definitions shall be used for the evaluation of Factor 3.

Table 2: PAST PERFORMANCE EVALUATION RATINGS

*Note* In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

Factor 1 Technical Capability:

BASIS FOR EVALUATION: Factor 1 will be evaluated as an overall factor with no subfactors. Factor 1 will be determined technically acceptable if:

1. The offeror’s submitted Sampling Kit is capable of testing inside and outside confined spaces and:

- is correctly labeled and and packaged to ensure cleanliness of sampling equipment is maintained and that sampling equipment is not damaged during shipment to or from the field activity,

- remains intact with no damage or breakage when dropped once on each side from a height of 36 inches onto a flat, concrete floor,

- has a unit number for identification,

- contains pictogram testing instructions that are easy to read, one page, wipe off plastic, and clear and precise,

- contains an inventory list of all items in the air sample kit and the equipment in the kit matches the inventory list, and

- incorporates a tamper proof method for indicating whether the sample containers were used or not used.

The Government will evaluate the Sampling Kit(s) in accordance with the evaluation factors. The Sampling Kit will be utilized by Navy personnel simulating typical air sampling operations. The Government will exercise due diligence when using the sample kit. However, the Sampling Kit may be damaged during normal use.

2. The offeror’s Facilities proof of accreditation from A2LA or NAVLAP is provided and the equipment/instrumentation that the offeror identifies for use on a contract resulting from this RFP in accordance with the specifications of this solicitation;

3. The offeror’s summary of its:

- Quality System and Quality Assurance Program Plan meet the requirements of ISO 9001:2008 and ISO/IEC 17025-International Standards organization—General Requirements for the Competence of Testing and Calibration Laboratories 15 May 2005 and include sufficient quality controls to perform the tasks of this solicitation.

- Configuration Management Plan meets the requirements of the TECHAMERICA EIA-649-B-2011 Configuration Management Standard.

- Equipment Calibration Plan meets the requirements of ISO/IEC 17025 – International Standards organization—General Requirements for the Competence of Testing and Calibration Laboratories 15 May 2005.

4. The offeror’s description of its approach for the website as a minimum indicates the website:

- will have the capability for field activities to log in securely, place sampling kit orders, maintain a current list of all testable equipment at the field activity, and maintain all analysis reports for their activity,

- will have the capability to allow group sponsors, as identified by the COR, to log in securely to view air sampling status of their group, and

- will have a dedicated page for the COR to log in securely to authorize shipment of Sampling Kit orders.

Factor 2 Key Personnel Resumes BASIS FOR EVALUATION: Factor 2 will be evaluated as an overall factor with no subfactors. Factor 2 will be determined technically acceptable if the Offeror proposed the required key personnel and the Key Personnel Resume meets the minimum requirements.

Factor 3 Past Performance

BASIS FOR EVALUATION: Factor 3 will be evaluated as an overall factor with no subfactors. The past performance evaluation results in an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements; and, is based on the offeror’s record of recent and relevant past performance information that pertain to the solicitation requirements. There are two (2) aspects to the past performance evaluation. The first is to evaluate whether the offeror’s present/past performance is relevant or not relevant to the effort to be acquired. The second is to determine how well the contractor performed on the contracts.

Recent past performance is defined as occuring within the past three (3) years. Relevant is defined as a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

To determine how well the contractor performed on the contracts, the Government will verify no negative reports are found in data from other customers, the DoD Past Performance Information Retrieval System (PPIRS), NAVSEA Product Deficiency Reporting (PDREP) system, other Government contractors, the Environmental Protection Agency, the Department of Labor, consumer protection organizations, etc.

EVALUATION OF PRICE PROPOSALS

Factor 4 Price

1. The Price Proposal will be evaluated to determine that the total evaluated price is fair and reasonable.

(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).

AWARD DETERMINATION

Award will be made on the basis of the lowest total evaluated price among the proposals having “acceptable” ratings for every non-price factor.

AWARD BY FULL QUANTITY

An offeror must quote on all items in this solicitation to be eligible for award. Proposals shall be valid through April 20, 2015, unless an extension is requested by the Contracting Officer.

(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 (NOV 2013) 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 http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) 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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM 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 SAM 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. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is…