13-T-6030_Final.pdf

COMMANDER NAVFAC ATLANTIC

6506 HAMPTON BLVD

NORFOLK VA 23508-1278

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

X

DO-C2

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N62470-13-T-6030 03-Sep-2013

b. TELEPHONE NUMBER

(757) 322-4489

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 16 Sep 2013

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N62470

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LINDA C. STEIN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N62470-13-T-6030

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project Develop Training Course

FFP

Develop a two (2) day training course entitled, "Introduction to Waterfront Engineering" in accordance with the attached Statement of Work.

FOB: Destination

NET AMT

0002 1 Lot Travel

FFP

Travel cost associated with course development

0003 1 Project Instruct 2-Day Course

FFP

Instruct 2-Day "Introduction to Waterfront Engineering" Course at NAVFAC Mid- Atlantic, Norfolk, VA

0004 1 Lot Travel

FFP

Travel costs associated with instructing class in Norfolk, VA

0005 1 Project OPTION Optional Line Item

FFP

Instruct 2-Day "Introduction to Waterfront Engineering" Course at NAVFAC Southwest, San Diego, CA

0006 1 Lot OPTION Optional Line Item

FFP

Travel costs associated with instructing class in San Diego, CA

0007 1 Project OPTION Optional Line Item

FFP

Instruct 2-Day "Introduction to Waterfront Engineering" Course at NAVFAC Pacific, Honolulu, HI

0008 1 Lot OPTION Optional Line Item

FFP

Travel costs associated with instructing class in Honolulu, HI

0009 1 Project OPTION Optional Line Item

FFP

Instruct 2-Day "Introduction to Waterfront Engineering" Course at NAVFAC Southeast, Jacksonville, FL

0010 1 Lot OPTION Optional Line Item

FFP

Travel costs associated with instructing class in Jacksonville, FL

0011 1 Project OPTION Optional Line Item

FFP

Instruct 2-Day "Introduction to Waterfront Engineering" Course at NAVFAC Northwest, Seattle WA

0012 1 Lot OPTION Optional Line Item

FFP

Travel costs associated with instructing class in Seattle, WA

STATEMENT OF WORK

Statement of Vendor Services

1.

Project Title: Introduction to Waterfront Engineering - Training

Type of Product: On-Site Training

References:

(a) UFC 1-300-01 Unified Facilities Criteria Format Standard

(b) Unified Facilities Criteria Microsoft Word Template located at http://www.wbdg.org/

(c) Standard Practice for Unified Facilities Criteria (MIL-STD-3007) located at http://www.wbdg.org/

(d) UFC 1-200-01 General Building Requirements

(e) UFC 1-200-02 High Performance Buildings

(f) Whole Building Design Guide (WBDG) Resource Pages(http://www.wbdg.org/resources/rpindex.php )

(g) DOD Unified Facilities Space Program Spreadsheets Examples

(http://www.wbdg.org/references/pa_dod_sps.php)

(h) UFC 1-300-02 Unified Facilities Guide Specifications (UFGS) Format Standard

(i) UFC 1-300-09N Design Procedures

(j) UFC 4-152-01 Design: Piers and Wharves Existing published UFC’s located at http://www.wbdg.org/

2. 5252.242-9300 Government representatives (OCT 1996)

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

http://www.wbdg.org/ http://www.wbdg.org/resources/rpindex.php http://www.wbdg.org/references/pa_dod_sps.php

___X____The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

3. NAVFAC Contract Specialist:

Ms. Linda Stein, NAVFAC Atlantic, Code AQ35, 757-322-4489

(Internet E-Mail: linda.stein@navy.mil)

The Contract Specialist is responsible for all contract terms, changes or deviations requiring contract adjustments. No changes to the contact scope will be made or additional work authorized without the prior approval of a Contracting Officer.

4. Project Scope:

a. Scope Description: This project consists of the development and implementation of a two (2) day training course entitled, ‘Introduction to Waterfront Engineering’. The course in general terms will cover the significant topics outlined in UFC 4-152-01 Design: Piers and Wharves. At a minimum the following topics will be addressed:

• Design Resources / Code Requirements

• General Function and Functional Categories of Waterfront Structures

• Berthing Flexibility

• Appurtenances and Features

• Facility Planning Issues o Facility Geometric Requirements and Considerations o Utilities (Electrical, Water, Fire Protection, Sewage, OWWO, Communications, Steam) o Lighting o Security o Landside Approaches o Structural Types o Hydraulic Fill

• Load Requirements

• Structural Design

• Fender Systems

• Camels and Separators

• Access

The following engineering disciplines are anticipated in execution of this training: Structural/Waterfront Engineer, Electrical Engineer, Mechanical Engineer, and Project Manager. All instructors shall be professional licensed in their respective disciplines and have a minimum of ten (10) years of experience in the field of waterfront and coastal engineering. The course will be delivered on-site at a location ‘to be Determined’ at Norfolk Naval Station, in Norfolk, Virginia. Specific dates will be coordinated following award of this contract.

Additionally as four options, the two-day course will be offered at NAVFAC Southwest in San Diego, CA; NAVFAC Pacific in Honolulu, HI; NAVFAC Southeast in Jacksonville, FL; and NAVFAC Northwest in Seattle, WA. If exercised, options would be executed within 60 days after contract award.

The course shall be provided and presented electronically utilizing Microsoft PowerPoint, compatible with the 2010 version. Course materials shall be provided to each student consisting of a hard copy of the presentation and all corresponding course materials. For purposes of this scope, the course size will consist of thirty (30) students at each location.

Provided training shall be certified so that hours can be used as CEU/PDH’s towards state licensure requirements.

The training session held in Norfolk, VA will be broadcast via DCO and the session shall be video recorded with video as a deliverable to NAVFAC Atlantic.

b. Scope Phases, Meetings and Requirements:

The following is an outline of the anticipated steps required to execute the Introduction to Waterfront Engineering Training Course:

i. Kick-off Meeting: Conduct a Kick-off meeting with the representation from the Vendor.

This meeting will be conducted at NAVFAC Atlantic’s offices at the Lafayette River Annex in Norfolk, Virginia. This meeting shall be executed within 10 working days of the contract award.

The focus of this meeting will include:

• Review the project scope

• Confirm schedule

• Develop and Finalize Course Outline

ii. Pre-final Presentation / Dry Run: A Pre-final Presentation / Dry-run rehearsal shall be provided a minimum of three (3) weeks prior to the course date to validate material, presentation and duration. This will be executed at the Vendor’s office. Government comments and feedback will be provided immediately. The Vendor shall provide a written record of government comments.

iii. Final Presentation: A Final Electronic Version of the training shall be provided to the

Government a minimum of two (2) weeks prior to the course date to ensure comments noted during the Pre-final presentation have been adequately addressed.

iv. Training: Introduction to Waterfront Engineering Course shall be executed within the

1st Quarter of FY14 in accordance with project scope. Vendor shall ensure that student course feedback is taken from each student at the end of the course and that comments are compiled and provided to Government Project Manager.

v. After Action Review (AAR): Vendor shall participate in an After Action Review with the Government Project Manager to review student feedback to make adjustments to the course material as is required. The AAR will be executed telephonically.

c. Meetings

• Kick-off meeting (NAVFAC ATLANTIC)

• Pre-final Presentation / Dry-run rehearsal (Vendor’s Office)

• Final Presentation (Electronic)

• Training (NAVFAC MIDATLANTIC)

• After Action Review (Telephonic)

5. Travel and subsistence: As required to attend all meetings listed above.

6. Submittal Due Dates: Work shall begin upon receipt of contract document and pursued diligently in accordance with the date/schedule established therein. Assessment of the schedule shall be provided bi-weekly to the NAVFAC Atlantic PM.

Project Title – Introduction to Waterfront Engineering Training VENDOR DELIVERY DATES Kick-off Meeting Within 10 days following contract award

Pre-final Presentation / Dry Run 21 calendar days prior to training

Final Presentation 14 calendar days prior to training

Training – NAVFAC Mid-Atlantic TBD

Option 1 – Training – NAVFAC Southwest TBD

Option 2 – Training – NAVFAC Pacific TBD

Option 3 – Training – NAVFAC Southeast TBD

Option 4 – Training – NAVFAC Northwest TBD

*Specific dates will be established during negotiations.

7. Project Submittal Requirements and Distribution: For each Milestone, submit products as listed below in the Submittal Distribution. Provide letter of transmittal with each submission. Provide a copy of all correspondence (without attachments) to the Contract Specialist.

a) Submittal Distribution:

Submit To PM Electronic Format (Provide all formats listed) Media (Provide/Transmit by all medias listed)

Pre-Final Course Presentation

1) Microsoft POWERPOINT 2010 (or NMCI-certified version) format (.ppt)

2) Portable document Format (PDF) Adobe Acrobat 9.0 (or NMCI-certified version).

By email or Website CD- [2] copy Hard Copy- [2] copies

Final Course Presentation

1) Microsoft POWERPOINT 2010 (or NMCI-certified version) format (.doc)

2) Portable document Format (PDF) Adobe Acrobat 9.0 (or NMCI-certified version).

By email or Website CD- [2] copy Hard Copy- [2] copies

Training Session Video

TBD DVD- [2] copy electronically

b) Emailed submittals shall not exceed a file size of 5 megabytes per attachment nor shall the total of all attachments exceed 10 megabytes per email. Compact Disks shall be capable of being read by any computer CD drive. Electronic files shall be virus scanned prior to submission.

c) Documents required to be submitted in portable document format (PDF) shall be fully bookmarked including chapter and section titles. Bookmark pane shall be visible when opening the document.

8. Period of Performance

The period of performance for this contract will be one year from contract award.

9. Type of Contract

This requirement will be issued as a Firm-Fixed Price Purchase Order.

10. The Government may require the delivery of the numbered line items, identified in the Schedule as option items, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within three (3) days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

11. Solicitation Submittal Requirements and Evaluation Factors For Award

A. Evaluation Factors for Award

1. The solicitation requires the evaluation of price and the following non-price factors.

Factor 1—Technical Factor 2—Past Performance

The lowest priced technically acceptable (LPTA) process is selected as appropriate for the acquisition because the best value is expected to result from selection of the technically acceptable quote with the lowest evaluated price.

An overall non‐price factor rating must be at least “ACCEPTABLE” in order to be eligible for award.

An “UNACCEPTABLE” rating in any factor results in the overall non‐price factors quote being rated “UNACCEPTABLE” unless corrected through discussions. An overall non‐price factors rating of “UNACCEPTABLE” makes a quote ineligible for award.

2. Basis for Evaluation and Submittal Requirements for Each Factor.

(a) Price:

(1) Solicitation Submittal Requirements: Vendors shall complete price schedule on the RFQ.

(2) Basis of Evaluation: The Government will evaluate price for award purposes by adding the total price of the base requirement and 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.

Evaluation of options will not obligate the Government to exercise the option(s).

(3) Analysis will be performed by one or more of the following techniques to ensure total price reasonableness:

(i) Comparison of proposed prices received in response to the RFQ.

(ii) Comparison of proposed prices with the Independent Government Cost Estimate.

(iii) Comparison of proposed prices with available historical information.

(a) Technical Factors:

(1) Factor 1—Technical

Each vendor shall provide an electronic quote/submission via email consisting of the following:

(i) A written narrative demonstrating the capability of the company and its systems to meet the minimum requirements listed below. The written technical submission is limited to a total five (5) singled sided pages, twelve (12) pitch, one inch borders on all sides).

• Vendor must demonstrate that they can deliver all requirements within the indicated time frame for developing and implementing the required training as specified in the Statement of Work.

• Vendor must certify that the required training is certified so that the hours can be used as CEU/PDH’s towards state license requirements.

• Vendor must provide instructors’ qualifications demonstrating licensing and experience requirements meet requirements identified in the Statement of Work.

(ii) Basis of Evaluation: The Government will evaluate the technical submittal to determine whether the Vendor demonstrates the capability to meet the minimum requirements listed in the criteria listed above. In order to be considered technically acceptable, a Vendor’s technical quote must be rated acceptable for all technical criteria listed above, and failure to meet any one criterion shall deem the entire proposal as technically unacceptable. The possible proposal ratings are Acceptable (proposal meets all non-price evaluation criteria) or Unacceptable (proposal does not meet all non-price evaluation criteria).

(2) Factor 2—Past Performance

(i) Solicitation Submittal Requirements

Vendors shall submit information on three (3) of the firm’s contracts completed within 5 five years of the RFQ issue date that are relevant to the services being provided under this solicitation. Relevance is defined as similarity in scope, complexity and magnitude, i.e. similar size/dollar value and degree of administrative, managerial, and technical difficulty.

Past performance information shall be submitted in accordance with Attachment I, Past Performance Questionnaire. Vendors should provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. When submitting Past Performance Questionnaires (PPQ), the Vendor should provide completed Past Performance Questionnaires (PPQ) in the quotation. Vendors shall not incorporate by reference into their quotation PPQs previously submitted for other RFQs.

However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Linda Stein, linda.stein@navy.mil.

IMPORTANT: It is the responsibility of the vendor to provide accurate points of contact for each identified contract and current telephone numbers and/or email addresses.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Vendor’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System mailto:linda.stein@navy.mil

(FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the vendor.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Vendor.

(ii) Basis of Evaluation: Past Performance will be evaluated after the Contracting Officer has completed the technical evaluation. However, in the event a vendor submits a technically acceptable quotation with a non-competitive, high price when compared to the government estimate and/or other technically acceptable quotations, the Government, at its discretion, may not evaluate that vendor’s past performance submission and eliminate that vendor’s quotation from further evaluation and consideration for award.

The past performance evaluation results is an assessment of the vendor’s probability of meeting the minimum past performance solicitation requirements.

This assessment is based on the vendor’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. There are two aspects of the past performance evaluation.

The first is to evaluate whether the vendor’s present/past performance is relevant or not relevant to the effort to be acquired. For this solicitation, a relevant contract is defined as contracts completed within 5 five years of the RFQ issue date which are similar in scope, complexity and magnitude to the services being provided under this solicitation, i.e. similar size/dollar value and degree of administrative, managerial, and technical difficulty.

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts.

The Government will also evaluate the degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- Recency of tasks performed that are identical to, similar to, or related to the task at hand; and

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Vendor’s past performance will be used as a means of evaluating whether there is a reasonable expectation that the vendor will successfully perform the required effort.

In the case of a vendor 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 vendor will not be evaluated either favorably or unfavorably on past performance Therefore, the vendor shall be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “Acceptable.”

B. SELECTION

The Government shall select the vendor whose quote is determined to be the lowest price and meeting the acceptability standards for non-price factors (technical and past performance) as stated herein.

DELIVERIES AND PERFORMANCE

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2013 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.227-7013 Rights in Technical Data--Noncommercial Items JUN 2013 252.227-7015 Technical Data--Commercial Items JUN 2013 252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.247-7023 Transportation of Supplies by Sea JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

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 (c) through (o) of this provision.

(a) Definitions. As used in this provision --https://www.acquisition.gov/

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

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

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

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

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

395(b), applied in accordance with the rules and definitions of 6 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 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.

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

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

https://www.acquisition.gov/

(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) (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)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

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

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

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, 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) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements- Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, 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, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

(List as necessary)

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

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

(1) The offeror and/or any of its principals ( ) are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or…