RFP-R3114361 AMD08 03_22_2011.docx

RFP R3114361, Amendment 01 Page 19 of 32 AE- ITT Program Section B - Supplies or Services and Prices

GENERAL INFORMATION

B.1. REQUIRED SERVICES

Services in accordance with Section C. Performance Work Statement in support of Army Europe - Information Technology Training (AE-ITT) Program and other affiliated United States Government agencies in the region.

B.2. CONTRACT PERIOD

The contract periods are contingent upon award by 31 March 2011. If award is made after that date, there will be a corresponding unilateral change in the contract period for a base period of 365 days from contract award with a corresponding change for each option period.

B.3. TYPE OF CONTRACT

The resulting contract will be a hybrid-type, firm-fixed-price (FFP), cost-reimbursable (CR), Indefinite Delivery – Indefinite Quantity (IDIQ) Contract.

The maximum contract value is $45,000,000.00 for the entire contract period.

The minimum guaranteed amount is $100,000.00 for the basic period. The option periods do not include a minimum guaranteed amount.

B.4. NOTICE TO OFFERORS

a.) The quantities in the Schedule are for evaluation purposes only and may not reach or may exceed those indicated. These estimated quantities will be used for evaluation purposes only. These quantities shall not constitute a basis for a claim or price increase during the period of this contract. Payment will be made for quantities actually ordered and delivered. See Section B.3 for the minimum guaranteed amount and maximum contract value for the entire contract period.

b.) PAYMENT WILL BE IN UNITED STATES DOLLARS ($). NO ADJUSTMENTS WILL BE MADE FOR CHANGES IN EXCHANGE RATES.

B.5 SCHEDULE OF SUPPLIES AND SERVICES

CLIN ‘X’ signifies the period of performance, where X = Period of Performance and 0 = Base Period 1 = Option Period One 2 = Option Period Two 3 = Option Period Three 4 = Option Period Four [For example, CLIN 2003 is Item X003 in Option Period Two]

B.5 SCHEDULE OF SUPPLIES AND SERVICES CONT’D:

CLIN Type Description Qty[footnoteRef:1] Unit of Issue Unit/Price TOTAL [1: See Notice at B.4: The quantities in the Schedule are for evaluation purposes only and may not reach or may exceed those indicated. These estimated quantities will be used for evaluation purposes only. These quantities shall not constitute a basis for a claim or price increase during the period of this contract. Payment will be made for quantities actually ordered and delivered. See Section B.3 for the minimum guaranteed amount and maximum contract value for the entire contract period.]

X001 (FFP) Program Administration 12 Months $ $ Includes tasks within the PWS under paragraphs 3.2, 3.4, 3.6, and 7.0.

X002 (FFP) ITTP COTS Training 800 Days See Paragraph 3.1.1.A for description of courses. A day is defined as a training day of 8 hours.

X003 (FFP) ITTP COTS Training 120 Days See Paragraph 3.1.1.B for description of courses. A day is defined as a training day of 8 hours.

X004 (FFP) IATP Army Specific Training 220 Days See Paragraph 3.1.2.A for description of courses. A day is defined as a training day of 8 hours.

X005 (FFP) IATP COTS Training 600 Days See Paragraph 3.1.2.B for description of courses. A day is defined as a training day of 8 hours.

X006 (FFP) IATP COTS Training 120 Days See Paragraph 3.1.2.C for description of courses. A day is defined as a training day of 8 hours.

X007 (FFP) IATP COTS Training 290 Days See Paragraph 3.1.2.D for description of courses. A day is defined as a training day of 8 hours.

X008 (FFP) IATP COTS Training 430 Days See Paragraph 3.1.2.E for description of courses. A day is defined as a training day of 8 hours.

X009 (CR) ITTP/IATP COTS Testing 1200 Each $_____ NOT TO EXCEED AMOUNT See Paragraph 3.3. The Contractor will be reimbursed for the cost of each certification voucher provided on a cost reimbursable basis.

Custom POI/Custom Built Curriculum development referenced under paragraph 3.5 of the PWS. For reimbursement under this CLIN the Government will provide a request for task order (RFT). The Contractor shall provide a task order proposal that will be negotiated between the Government and the Contractor. A task order will be issued for any task requested under this CLIN..

B.5 SCHEDULE OF SUPPLIES AND SERVICES CONT’D:

CLIN Type Description Qty[footnoteRef:2] Unit of Issue Unit/Price TOTAL [2: See Notice at B.4: The quantities in the Schedule are for evaluation purposes only and may not reach or may exceed those indicated. These estimated quantities will be used for evaluation purposes only. These quantities shall not constitute a basis for a claim or price increase during the period of this contract. Payment will be made for quantities actually ordered and delivered. See Section B.3 for the minimum guaranteed amount and maximum contract value for the entire contract period.]

X011 (FFP) Phase-In/Phase-Out 1 Lot $_____ ____ NOT TO EXCEED AMOUNT

This to be priced as firm fixed. If incumbent receives the contract award this CLIN will not apply. Paragraph 8.0 listing phase in and phase out tasks are the only costs reimbursed under this CLIN.

X012 (CR) Other Direct Costs 1 Lot $100,000.00 NOT TO EXCEED AMOUNT

Costs not included under CLINS 001-0011. Specifically includes costs to lease classrooms off of a Government Installation. For reimbursement under this CLIN the Government will provide a request for task order (RFT). The Contractor shall provide a task order proposal that will be negotiated between the Government and the Contractor. A task order will be issued for any task requested under this CLIN.

GRAND TOTAL OF THE BASIC PERIOD AND ALL OPTIONS $

***FOLLOW INSTRUCTIONS IN SECTION L FOR PRICING PROPOSAL FOR THE BASIC PERIOD AND ALL OPTIONAL PERIODS.***

Section C- Performance Work Statement (PWS)

C.1 Performance Work Statement The Contractor shall perform the work specified in the Performance Work Statement (PWS) Statement in support of Army Europe - Information Technology Training (AE-ITT) Program (and affiliated Government agencies in the region) dated January 28, 2011 and other Attachments and Exhibits in Section J of this contract. The Contractor shall provide all necessary materials, labor, equipment and facilities incidental to the performance of this requirement.

*** SEE THE ATTACHED FILE: R3114361_PWS.PDF***

Section D – Packaging and Marking

D.1 Packaging and Marking.

Technical data items shall be preserved, packaged, packed, and marked in accordance with the best commercial practices to meet the packaging requirements of the carrier and insure safe delivery at destination.

Section E – Inspection and Acceptance

E.1 52.246-4 Inspection of Services—Fixed-Price AUG 1996

E.2 Basis of Acceptance The basis for acceptance shall be compliance with the requirements set forth in the Task Order, the Contractor’s proposal and other terms and conditions of the contract. Deliverable items rejected shall be corrected in accordance with applicable clauses.

Deliverables will be inspected for content, completeness, accuracy and conformance to Task Order requirements. Inspection may include validation of information or software through the use of automated tools, testing or inspections of the deliverables.

E.2.1 General Acceptance Criteria Deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected. The general quality measures, set forth below, will be applied to each deliverable received from the Contractor under this task order:

· Accuracy – Deliverables shall be accurate in presentation, technical content, and adherence to accepted elements of style.

· Clarity – Deliverables shall be clear and concise; engineering terms shall be used, as appropriate. All diagrams shall be easy to understand, legible, and relevant to the supporting narrative. All acronyms shall be clearly and fully specified upon first use.

· Specifications Validity – All Deliverables must satisfy the requirements of the Government as specified herein.

· File Editing – All text and diagrammatic files shall be editable by the Government.

· Format – Deliverables shall follow Army guidance. Where none exists, the Contractor shall coordinate approval of format with the COTR.

· Timeliness – Deliverables shall be submitted on or before the due date specified.

For software development, the final acceptance of the software program will occur when all discrepancies, errors or other deficiencies identified in writing by the Government have been resolved, either through documentation updates, program correction or other mutually agreeable methods.

E.2.2 Draft Deliverables If the draft deliverable is adequate, the Government may accept the draft and provide comments for incorporation into the final version. All of the Government's comments to deliverables must either be incorporated in the succeeding version of the deliverable or the Contractor must demonstrate to the Government's satisfaction why such comments should not be incorporated.

If the Government finds that a draft or final deliverable contains spelling/grammatical errors, improper format, or otherwise does not conform to the requirements stated within this Task Order, the document may be immediately rejected without further review and returned to the Contractor for correction and resubmission. If the Contractor requires additional Government guidance to produce an acceptable draft, the Contractor shall arrange a meeting with the COR.

E.2.3 Written Acceptance/Rejection By the Government The Government will provide written acceptance, comments and/or change requests, if any, within fifteen (15) work days from Government receipt of the draft deliverable.

Upon receipt of the Government comments, the Contractor shall have ten (10) work days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form.

The Government shall provide written notification of acceptance or rejection of all final deliverables within fifteen (15) work days. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.2.4 Non-Conforming Products Or Services Non-conforming products or services will be rejected. Deficiencies will be corrected, by the Contractor, within ten (10) work days of the rejection notice. If the deficiencies cannot be corrected within ten (10) work days, the Contractor shall immediately notify the COTR of the reason for the delay and provide a proposed corrective action plan within ten (10) work days.

Section F - Deliveries or Performance

F.1 Deliveries / Performance Deliveries and/or performance will be as specified on each Task Order issued against this contract.

F.3 Monthly Summary Report Contractor shall submit a monthly summary report by task/delivery order number detailing the current and cumulative amounts billed, including the cumulative contract amount billed to date.

F.4 Scheduled Services - Holidays US Holidays For scheduled services which include the Program Administration CLIN only, work shall be performed on U.S. holidays occurring during the normal workweek. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. The Government will not require that courses are scheduled on U.S. Holidays.

Host Nation Holidays For scheduled services, work shall be performed on local Host Nation* holidays occurring during the normal workweek. Unscheduled services may be performed on local Host Nation* holidays.

* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are:

New Year's Day January 1st M L King Memorial Day 3d Monday in January Presidents' Day 3d Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2d Monday in October Veterans' Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th The German national and local holidays are:

New Years Day 01 January Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January Good Friday varies yearly Easter Monday varies yearly Labor Day 01 May Ascension Day varies yearly Whit Monday varies yearly Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, varies yearly Nordrhein- Westphalia,Rhineland-Palatinate and Saarland) Assumption Day (Only in Saarland and Roman Catholic 15 August areas of Bavaria) Day of German Unity 03 October All Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November North Rhine-Westphalia, Rhineland-Palatinate and Saarland) 1st Christmas 25 December 2nd Christmas Day 26 December

Section G - Contract Administration Data

G.1 Billing /Payment Instructions Billing and payment shall be accomplished in accordance with instructions below with separate invoices for each task and/or delivery order and separate invoice line items for each CLIN.

The Period of Performance (POP) for each invoice shall be for one calendar month. The contractor shall submit only one invoice per month per order/contract. The appropriate GSA office will receive the invoice by the twenty-fifth calendar day of the month after either:

The contractor shall submit all required backup documentation (unless exempted by the contract or order) as follows.

For Travel: Costs incurred shall be itemized by Individual and Trip. The invoice shall identify all cumulative travel costs. The current invoice period’s itemized travel detail shall include separate columns and totals with the following detailed information:

· Description, travel authorization request number, or other identifier

· Names of each person traveling

· Dates of travel

· Location of travel

· Number of days per diem charged

· Per diem rates and total per diem charges

· Transportation costs

· Applicable indirect/material handling rate consistent with the proposal

· Dollar amount and totals of all charges

For ODCs: Cost incurred for the non-Travel ODCs shall be itemized and include the following detailed information, as applicable:

· Identifier or consent to purchase number

· Amount of current and cumulative ODC costs incurred

· Description with the quantity, unit price and extended price of each ODC

· Applicable indirect/material handling rate consistent with the proposal

· Date accepted by the Government

· Cost incurred not billed

Note: The Government reserves the right to audit, thus; the contractor shall keep on file all backup support documentation for travel and ODCs. The Government reserves the right to require certification by a GSA COTR before payment is processed.

Posting Acceptance Documents: Invoices shall initially be submitted monthly through GSA’s electronic Web-Based Order Processing System, currently ITSS, to allow the client and GSA COTR to electronically accept and certify services received by the CR. Included with the invoice will be all backup documentation required such as, but not limited to, travel/ODC authorizations and training authorizations (including invoices for such).

Receiving Agency’s Acceptance: The receiving agency has the following options in accepting and certifying services;

Note: The acceptance of the authorized agency customer representative is REQUIRED prior to the approval of payment for any invoiced submitted. Although this acceptance may occur in two ways, electronically or in paper copy, acceptance by the customer representative shall be obtained prior to the approval of payment. In order to expedite payment, it is strongly recommended that the contractor include the receiving agency’s WRITTEN acceptance of all the services or products delivered, with signature of the authorized agency customer representative and the date of acceptance, as part of the submission documentation.

Note: If any invoice is received without the required documentation and, (A) the customer's signed written acceptance -OR- (B) the customer’s electronic acceptance, the invoice shall be rejected in whole or in part as determined by the Government.

Posting Invoice Documents: Contractors shall submit invoices to GSA Finance for payment, after acceptance has been processed in GSA’s electronic Web-Based Order Processing System, currently ITSS. The contractor has the option of posting the invoice on GSA’s web site, www.finance.gsa.gov/defaultexternal.asp or mail to the address shown on BLOCK 24 of the GSA FORM 300. NOTE: Only use one method of submission, web site or regular U.S. mail, but not both.

Content of Invoice: The contractor’s invoice will be submitted monthly for work performed the prior month. The contractor may invoice only for the hours, travel and unique services ordered by GSA and actually used in direct support of the client representative’s project. The invoice shall be submitted on official letterhead and shall include the following information at a minimum.

1. GSA Task Order Number

2. Task Order ACT Number

3. Remittance Address

4. Period of Performance for Billing Period

5. Point of Contact and Phone Number

6. CLIN Number, Quantity, Unit of Issue, Unit Price, Current Billed, Cumulative Billed to Date

7. Total Invoice Amount, Current Billed, Cumulative Billed to Date

Final Invoice: Invoices for final payment must be so identified and submitted within 60 days from task completion and no further charges are to be billed. A copy of the written acceptance of task completion must be attached to final invoices. The contractor shall request from GSA an extension for final invoices that may exceed the 60-day time frame.

Close-out Procedures.

General: The contractor shall submit a final invoice within sixty (60) calendar days after the end of the Performance Period. After the final invoice has been paid the contractor shall furnish a completed and signed Release of Claims (GSA Form 1142) to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

(1) Date of the task order

(2) Contract number and task order number

(3) Line Item(s) and Quantities being ordered and description of work

(4) Total amount of the task order

(5) Performance Period

(6) Place of Performance

(7) Accounting and Appropriation Data

(8) Any other pertinent Data

b. All task orders issued hereunder are subject to the terms and conditions of the contract. The contract shall control in the event of conflict with any task orders.

G.3 Points of Contact

a. GSA Contracting Officer:

Debra Stuart, 215-446-5817, debra.stuart@gsa.gov

b. GSA Contracts Specialist:

Angela Anderjack, 215-589-2356, angela.anderjack@gsa.gov

c. GSA Contracting Officer’s Technical Representative: (To be designated at time of award).

d. USAREUR Administrative and Program Points of Contract: (To be designated at time of award).

Section H - Special Contract Requirements

H.1 Authorization to Perform Services in Germany (March 2005) Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations. Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits. By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default.

H.2 Notice of Contractor Responsibility to Host Nation (March 2005) This is a non-personal service contract with an individual acting as an independent contractor. As such, the contractor is not an employee of the U.S. Government and it is solely the contractor’s responsibility to determine his/her reporting and payment responsibilities under Host Nation tax and labor laws. Status as a member of the U.S. Forces under the NATO SOFA Supplementary Agreement does not in itself relieve the contractor of responsibilities under Host Nation laws. Contractor should consult appropriate authorities and advisors on these matters. Department of Defense military and civilian personnel will not provide advice in these matters. Contractor shall hold harmless the U.S. Government for any liability that may arise from the contractor’s noncompliance with Host Nation laws.

H.3 Contractor Identification Requirements (March 2005):

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Security/ Installation Clearance Requirement

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:

http://www.ecc-e.army.mil/ under the library link

(e) The responsible Organizational Sponsor & Installation Access Control Office POC: (to be designated at time of award)

Section I - Contract Clauses

I.1 Clauses Incorporated By Full Text

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause) Alternate I (Jan 2011). As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2):

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

(End of clause)

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within one (1) working day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(End of clause)

(End of clause)

52.217-8 Option To Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of clause)

(End of clause)

52.232-18 Availability of Funds (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 30 September of each fiscal year . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September of each fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) United States law will apply to resolve any claim of breach of this contract.

(End of clause)

_____to be documented after contract award ____ _____via hand receipts_______________________ (End of clause)

I.2 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far/ http://www.acq.osd.mil/dp/dars/dfars.html http://farsite.hill.af.mil/vfafara.htm (End of clause)

CLAUSES INCORPORATED BY REFERENCE:

Government

SEP 2006

*** NOTE: The Government retains and acquires unlimited rights in all data, software, programs, and related technical documentation in LMS provided as GFE and maintained and modified under this contract.

APPLIES TO CLIN X010

Dec 2007

Section J - List of Documents, Exhibits and Other Attachments

Section K - Representations, Certifications and Other Statements of Offerors

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(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:

(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 firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(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.

(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 deliveryor 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) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(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

(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) The following certifications are applicable as indicated by the Contracting Officer:

[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.

__ (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.

__ (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 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. 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.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (JAN 2011)

(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…