SectionKAmend3.pdf

Connections II Solicitation #: QTA010ABA0023

K-i (7/22/10)

Table of Contents

Section K: Representations, Certifications, and Other Statements of Offerors

Section Page

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

K.2 ELECTRONIC REPRESENTATIONS AND CERTIFICATIONS

K.3 OFFEROR’S DUN AND BRADSTREET “D-U-N-S” NUMBER:

K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (FEB 2009) . 3

K-1 (7/202/10)

K.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Procuring Contracting Officer (PCO) will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of these provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also the full text of a solicitation provision may be accessed electronically at these addresses:

https:www.acquisition.gov/far/

(End of Provision)

CLAUSE # CLAUSE TITLE DATE

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS FEB 2009

52.222-22 PREVIOUS CONTRACTS & COMPLIANCE REPORTS FEB 1999

K.2 ELECTRONIC REPRESENTATIONS AND CERTIFICATIONS

Contractors shall use the electronic systems for the submission of representations and certifications as explained below:

Business Partner Network (BPN) is the integrated electronic infrastructure the government uses to manage (i.e., collect, validate, access and maintain) the information it needs to transact business with its contractors. The BPN is located at http://www.bpn.gov/. The BPN web site links to several electronic databases containing contractor information.

Central Contractor Registration (CCR) is the primary government repository for contractor information required for the conduct of business with the government.

The CCR database is located at http://www.ccr.gov/ and the CCR data will populate other government applications with the contractor’s information. In CCR, contractors shall assign themselves a Marketing Partner Identification Number (MPIN), which they will use to gain access to the BPN network applications.

The Online Representations and Certifications Application (ORCA) is part of the Business Partner Network (BPN). ORCA is the primary government repository for contractor submitted representations and certifications required for the conduct of business with the government. Contractors are required to use ORCA as a part of the proposal submission process. ORCA is located at http://orca.bpn.gov. Prior to accessing ORCA, contractors shall first register through the CCR database.

http://acqnet.gov/far/index.html

K-3

Contractors shall maintain and update CCR and ORCA in accordance with FAR Clauses 52.204-7 and 52.204-8 (above).

K.3 OFFEROR’S DUN AND BRADSTREET “D-U-N-S” NUMBER:

Offeror’s Name _________________________ DUNS Number _________________________

K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS.

(FEB 2009)

a.

1. The North American Industry Classification System (NAICS) code for this acquisition is 517110 – Wired Telecommunication Carriers.

2. The small business size standard is 1,500 employees.

3. The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

b.

1. If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

2. If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

i. Paragraph (d) applies.

ii. Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

c.

1. The following representations or certifications in ORCA are applicable to this solicitation as indicated:

i. 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless:

A. The acquisition is to be made under the simplified acquisition procedures in Part 13;

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K-4

B. The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

C. The solicitation is for utility services for which rates are set by law or regulation.

ii. 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

iii. 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

iv. 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that:

A. Are not set aside for small business concerns;

B. Exceed the simplified acquisition threshold; and

C. Are for contracts that will be performed in the United States or its outlying areas.

v. 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

vi. 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the government.

vii. 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the government.

viii. 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

A. The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

B. The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

ix. 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

x. 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

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K-5

xi. 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

xii. 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

xiii. 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA– designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

xiv. 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

xv. 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

xvi. 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

A. If the acquisition value is less than $25,000, the basic provision applies.

B. If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

C. If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

xvii. 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

xviii. 52.225-18, Place of Manufacture.

xvii.

xviii.xix. 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

xix.xx. 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to:

A. Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

Formatted: Indent: Left: 0.75", Hanging:

0.25", Tab stops: Not at 1.5"

Formatted: No bullets or numbering, Tab stops: Not at 1.5"

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K-6

B. For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

2. (2) The following certifications are applicable as indicated by the PCO:

[Contracting Officer check as appropriate.]

i. 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

ii. 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

iii. 52.219-22, Small Disadvantaged Business Status.

A. Basic.

B. Alternate I.

iv. 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

v. 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

vi. 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

vii. 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

viii. 52.223-13, Certification of Toxic Chemical Release Reporting.

ix. 52.227-6, Royalty Information.

A. Basic.

B. Alternate I.

x. 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

d. The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136222 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136271 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136314 https://www.acquisition.gov/far/current/html/52_222.html#wp1147605 https://www.acquisition.gov/far/current/html/52_222.html#wp1152427 https://www.acquisition.gov/far/current/html/52_222.html#wp1155404 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168892 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168933 https://www.acquisition.gov/far/current/html/52_227.html#wp1139116 https://www.acquisition.gov/far/current/html/52_227.html#wp1145584 http://orca.bpn.gov/

K-7 are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR CLAUSE # TITLE DATE CHANGE

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.

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