SFSIAQ11R0022.pdf

SOLICITATION/CONTRACT/ORDER FOR

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

1. REQUISITION NUMBER

Lines

5. SOLICITATION NUMBER

SFSIAQ11R0022

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/28/2011

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Erin E. Williams

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL williamsee3@State.gov

8. OFFER DUE DATE / LOCAL

TIME

03/14/2011 17:00:00

CODE FSIAQ

FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)

4000 ARLINGTON BLVD

ARLINGTON, VA 22204

9. ISSUED BY

X UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 611430

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SERVICES NO SHIPPING REQUIRED

SERVICES NO SHIPPING REQUIRED

WASHINGTON, DC 20520

CODE16. ADMINISTERED BY

FACILITYCODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FSIBUCODE18a. PAYMENT WILL BE MADE BY

BUDGET OFC (FSI/EX/BUD)

FOREIGN SERVICE INSTITUTE

BUDGET & MANAGEMENT OFFICE

WASHINGTON, DC 20520-4201

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

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

CHECKED

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

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN__3__COPIES 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.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Martin Regan 31c. DATE SIGNED

02/28/2011

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

SFSIAQ11R0022

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 10/2010) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Supplies or Services, and Prices/Costs

C Descriptions/Specifications/Statement of Work C.1 Statement of Work

D Packaging and Marking D.1 Packaging and Marking

E Inspection and Acceptance 52.246-6 Inspection--Time-and-Material and Labor-Hour (May 2001) E Inspection and Acceptance

F Deliveries or Performance F Period of Performance

G Contract Administration Data

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

FSI1 FSI Invoicing Instructions FSI4 Contractor Self-Identification

H Special Contract Requirements

652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (SEP

2007)

652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (SEP 2007)

H.1 Removal from Duty 37.114(c) Special Acquisition Requirments

I Contract Clauses 52.202-1 Definitions (July 2004) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-7 Central Contractor Registration (Apr 2008) 52.204-9 Personal Identity Verification of Contractor Personnel. (Sept 2007) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) 52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009) 52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Mar 2009) - Alternate I (Oct 2008) 52.215-8 Order of Precedence--Uniform Contract Format (Oct 1997) 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item Acquisition (Feb 2007) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-6 Drug Free Workplace (May 2001) 52.223-14 Toxic Chemical Release Reporting 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Feb 2007) 52.232-23 Assignment Of Claims (Jan 1986) 52.233-1 Disputes (July 2002) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.243-3 Changes--Time-and-Material or Labor-Hours (Sept 2000) 52.244-6 Subcontracts for Commercial Items (Dec 2009) 52.245-1 Government Property (June 2007) 52.245-9 Use and Charges (June 2007) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 52.249-14 Excusable Delays (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.232-72 LIMITATION OF FUNDS (AUG 1999)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR

2004)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2010) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 652.237-71 Identification/Building Pass

J List of Attachments J.1 Reserved

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2010) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.223-13 Certification of Toxic Chemical Release Reporting

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Instructions to Offerors--Commercial Items (June 2008) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.237-1 Site Visit (Apr 1984) L.1 General Instructions 52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2004) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M.1 Evaluation Criteria 52.212-2 Evaluation - Commercial Items (Jan 1999)

1 Power Generation Course 0.00 EA

BASE YEAR

Doc Ref No: 103102011040 Delivery Date (Start to End) Date FOB:

04/01/2011 to 03/31/2012 Destination

2 Power Generation Courses 0.00 EA Option Year 1

Doc Ref No: 103102011040 Delivery Date (Start to End) Date FOB:

04/01/2012 to 03/31/2013 Destination

3 Power Generation Courses 0.00 EA Option Year 2

Doc Ref No: 103102011040 Delivery Date (Start to End) Date FOB:

04/01/2013 to 03/31/2014 Destination

4 Power Generation Courses 0.00 EA Option Year 3

Doc Ref No: 103102011040 Delivery Date (Start to End) Date FOB:

04/01/2014 to 03/31/2015 Destination

5 Power Generation Courses 0.00 EA Option Year 4

Doc Ref No: 103102011040 Delivery Date (Start to End) Date FOB:

04/01/2015 to 03/31/2016 Destination

B.1 Supplies or Services, and Prices/Costs

B. SUPPLIES OR SERVICES, AND PRICES/COTSTS

B. 1. The Foreign Service Institute, Department of State, anticipates the award of a Blanket Purchase Agreement (BPA) that establishes the terms and conditions applicable to future purchases.

B. 2. The services shall be performed in accordance with Section C - Description/Specifications/Work Statement and as further described elsewhere in this document.

Contractor shall provide a per session fully loaded, firm fixed labor rate as outlined in Section C.

Power Generation Course (On or about)

Base Year: $__________ per session April 1, 2011 - March 31, 2012

Option Year 1: $__________ per session April 1, 2012 - March 31, 2013

Option Year 2: $__________ per session April 1, 2013 - March 31, 2014

SFSIAQ11R0022

Line Item Summary

Solicitation Number:

SFSIAQ11R0022

Contract Number: Title: Power Generation Solicitation

Date of Solicitation:

02/28/2011

Line Item No. Description Quantity Unit Unit Price Total Cost

Option Year 3: $__________ per session April 1, 2014 - March 31, 2015

Option Year 4: $__________ per session April 1, 2015 - March 31, 2016

Section C - Descriptions/Specifications/Statement of Work

C.1 Statement of Work

STATEMENT OF WORK:

GENERAL:

The U.S. Department of State (Dos) requires a service contractor to provide training on Power Generation for DoS Facility Managers (FM) and locally employed staff (LES) from embassies throughout the world. The contractor will provide all labor, supplies, tools, materials and equipment necessary to provide the training services as described in the course requirements below.

COURSE REQUIREMENTS:

The contractor will provide a detailed lesson plan for classroom presentations and hands-on training including time required for each event and troubleshooting.

The class will cover at a minimum:

1. Maintaining, troubleshooting and repairing emergency generator sets operating as single units equipped with or without a control panel.

2. Properly recognize generator actual and apparent power loading

3. Understand the effects of power factor and reactive loading on the engine and generator

4. How to test, adjust and troubleshoot generator sets, engine mounted junction boxes, electronic modular control panel's and voltage regulators

5. Perform the proper voltage and frequency adjustments

6. Perform proper planned maintenance on generators

The Contractor shall plan, estimate, and schedule all work to assure labor, and equipment are available to complete training requirements and in conformance with specific contract and quality standards established herein.

The Contractor will provide classroom equipment with teaching aids such as TV, DVD, computer, projector, etc. The contractor will provide a laboratory equipped with all working generator equipment.

TOOLS/EQUIPMENT:

All required tools and equipment for the execution of the laboratory hands-on shall be furnished by the contractor.

SECURITY REQUIREMENTS: Unclassified

The contractor shall execute all class activities in accordance with contract and statement of work requirements.

The Contractor shall be responsible for supervising, directing, or otherwise controlling their personnel. The contractor shall be responsible for ensuring quality in the work associated with the performance of this contract.

Upon completion of all training activities the contractor shall provide written and performance tests.

Certifications of Achievement will be provided to each participant signed by an office of the contractor's organization and the FM, Administration Training Division that states that the participant has achieved at least 70% on all requirements. The certification shall be furnished to each participant on the final day of training.

LOCATION: The Contractor shall provide the facility for training. The facility shall be located within a 20 mile radius of 4000 Arlington Boulevard, Arlington Virginia, 22204. Travel costs for the students to and from the facility will be paid for by the Foreign Service Institute. The facility must be ADA (American Disability Act) compliant.

COORDINATION: All correspondence concerning execution of this presentation will be copied to the CO and the COR.

Section D - Packaging and Marking

D.1 Packaging and Marking

RESERVED

Section E - Inspection and Acceptance

Clauses By Reference Clause Title Date 52.246-6 Inspection--Time-and-Material and Labor-Hour (May 2001) 05/11/2001

E Inspection and Acceptance

Section E - Inspection and Acceptance E. 1. Inspection and acceptance of the services to be provided hereunder shall be made by the Government Technical Monitor (GTM) or Contracting Officer's Representative (COR).

E. 2. The Role of Government Personnel and Responsibility for Contractor Administration

A. Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.

B. Government Technical Monitor (GTM): The GTM will assist the COR in discharging responsibilities. The responsibilities of the GTM include, but are not limited to: monitoring and inspecting the Contractor's progress and performance; evaluating contractor performance with the terms and conditions of this contract; acting as the Government's representative at the work site; advising the contractor of proposed deductions for non-performance or unsatisfactory performance; preparing receiving reports and/or approving invoices for payment; and advising the COR of any factors which may cause delay in work performance.

C. Contracting Officer's Representative (COR): The COR is responsible for promptly notifying the Contracting Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and provisions of the contract; knowing the scope and limitations of your authority; using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sensitive procurement information. If questions arise which are not clearly answered in the contract or if disputes with the Contractor occur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered.

Section F - Deliveries or Performance

F Period of Performance

F.1- PERIOD OF PERFORMANCE (On or about)

Base year: March 1, 2011 - February 28, 2012

Option Year 1: March 1, 2012 - February 28, 2013

Option Year 2: March 1, 2013 - February 28, 2014

Option Year 3: March 1, 2014 - February 28, 2015

Option Year 4: March 1, 2015 - February 28, 2016

F.2 PLACE OF PERFORMANCE

Services under this contract will be performed at a facility provided by the contractor within a 20 mile radius of 4000 Arlington Boulevard, Arlington VA, 22204.

F.3 NORMAL HOURS OF OPERATION

The normal hours of operation at FSI are Monday through Friday from 8:00 am to 4:30 pm.

F.4 PERFOMANCE SCHEDULE

Power Generation Courses:

We anticipate the class to take place between three and five times per year based on a class size of 10 students.

Section G - Contract Administration Data

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) 08/01/1999

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is to be determined with each Task Order.

(End of clause)

FSI1 FSI Invoicing Instructions 01/01/2005

Contractor shall submit invoice to the following address:

Department of State

Foreign Service Institute

Washington, D. C. 20520-4201

ATTN: Office of Budget and Management

Your invoice must include the following information:

(1) your name and address to which payment is to be made;

(2) your DUNS number and tax identificiation numbers (for individuals this is your SSN);

(3) the order numbers in Blocks 3 and 4;

(4) the correct amount owed by FSI;

(5) time payment discount, even if 'net';

(6) itemized billing;

(7) show ordering office in block 10;

(8) cite contract number (Block 2) as well as requisition number (Block 4) in all correspondence;

(9) unique vendor invoice number;

(10) contact name and telephone number;

(11) invoice date;

(12) description, price, and quantity of goods/services.

Failure to submit an invoice with all required information will result in invoice being returned for proper submission.

Payment under this purchase order will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the designated office, or (2) the date the services are accepted by the Government.

(end of clause)

FSI4 Contractor Self-Identification 05/07/2008

All contractor personnel attending meetings, answering Government telephones, and/or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel or Congress that they are Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any contractor utilize letterhead for any correspondence between the contractor and any other entity depicting or intimating that the Contractor is a member/employee of the U.S. Government, either as an individual or as a company/corporation. Example: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

Section H - Special Contract Requirements

Clause Title Date

652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (SEP

2007)

09/01/2007

652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (SEP 2007)

09/01/2007

H.1 Removal from Duty

H.1 Removal from Duty

The Government may direct that a contractor be removed immediately from the work site(s) should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifiable types of misconduct or delinquency as set forth below:

*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;

*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government;

*Theft, vandalism, or any other criminal actions;

*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance

The Contractor shall be responsible for maintaining satisfactory standards of conduct and integrity. The Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).

37.114(c) Special Acquisition Requirments

FAR 37.114(c) All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Section I - Contract Clauses

Clause Title Date 52.202-1 Definitions (July 2004) 07/19/2004

52.203-5 Covenant Against Contingent Fees (Apr 1984) 04/01/1984

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Sept 2007) 09/17/2007

52.204-7 Central Contractor Registration (Apr 2008) 04/22/2008

52.204-9 Personal Identity Verification of Contractor Personnel. (Sept 2007) 09/17/2007

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment (Sept 2006)

09/28/2006

52.212-4 Contract Terms and Conditions--Commercial Items (Mar 2009) 03/31/2009

52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Mar 2009) - Alternate I (Oct

2008)

; ; None; None;

10/17/2008

52.215-8 Order of Precedence--Uniform Contract Format (Oct 1997) 10/01/1997

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item

Acquisition (Feb 2007)

02/12/2007

52.217-8 Option to Extend Services (Nov 1999)

60 days;

11/23/1999

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

60 days; 60; 5 years;

03/27/2000

52.223-6 Drug Free Workplace (May 2001) 05/11/2001

52.223-14 Toxic Chemical Release Reporting 08/01/2003

52.224-1 Privacy Act Notification (Apr 1984) 04/01/1984

52.224-2 Privacy Act (Apr 1984) 04/01/1984

52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Feb 2007)

30th;

02/12/2007

52.232-23 Assignment Of Claims (Jan 1986) 01/01/1986

52.233-1 Disputes (July 2002) 07/29/2002

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 04/01/1984

52.243-3 Changes--Time-and-Material or Labor-Hours (Sept 2000) 09/25/2000

52.244-6 Subcontracts for Commercial Items (Dec 2009) 12/10/2009

Clause Title Date 52.245-1 Government Property (June 2007) 06/14/2007

52.245-9 Use and Charges (June 2007) 06/14/2007

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 04/01/1984

52.249-14 Excusable Delays (Apr 1984) 04/01/1984

52.253-1 Computer Generated Forms (Jan 1991) 01/01/1991

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

08/01/1999

652.232-72 LIMITATION OF FUNDS (AUG 1999) 08/01/1999

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004) 04/01/2004

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2010)

02/01/2010

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L.

111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved] x (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219–23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program -- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

x (20) 52.222-19, Child Labor -- Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

x (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

x (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

x (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

x (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

x (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

x (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

x (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223–16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (30) 52.225-1, Buy American Act -- Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act (June 2009) (41 U.S.C.

10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

x (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

x (38) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer -- Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

x (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

x (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222–54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998) 02/01/1998

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://aope.a.state.gov/dosar/fullscreen.asp?menu_id=40 and https://www.acquisition.gov/FAR/

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984) 04/01/1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Department of State Acquistions Regualtions. (48 CFR DOSAR) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

652.237-71 Identification/Building Pass

652.237-71 Identification/Building Pass.

As prescribed in 637.110(b), insert the following clause.

Identification/Building Pass (APR 2004)

(a) Contractors working in domestic facilities who already possess a security clearance. (1) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. The Bureau of Diplomatic Security, Office of Domestic Facilities Protection, shall issue passes. They shall be used for the purpose of facility access only, and shall not be used for any other purpose.

(2) The contractor shall submit a Visitor Authorization Request (VAR) Letter to the Bureau of Diplomatic Security, Information Security Programs Division, Industrial Security Branch (DS/ISP/INB) on its cleared employees containing the following information:

(i) Contractor employee's full name, social security number, and date of birth;

(ii) Contractor's company name;

(iii) Security clearance level;

(iv) Date the clearance was granted;

(v) Name of the contractor's Facility Security Officer;

(vi) Contracting Officer's Representative (COR); and,

(vii) Contract number.

(3) DS/ISP/INB shall process and approve the VAR letter, if appropriate. The approved VAR letter shall be forwarded to the contractor for their records.

(4) The contractor employee shall hand-carry the following documentation to the Building Pass Office, Department of State, 520 23rd Street, courtyard of Columbia Plaza, Washington, DC:

(i) A Department of State sponsorship letter from the COR, addressing the following:

(A) The purpose for which the pass is being requested;

(B) The employee's valid security clearance level (reflected on the VAR);

(C) Contract number and period of performance;

(D) Type of access (24/7, normal business hours, escort authority or no escort authority granted); and

(E) Expiration date of building pass (1 year or 3 years);

(ii) Letter on company letterhead to accompany the application, containing the following information:

(A) The purpose for which the pass is being requested;

(B) Verification of employment;

(C) The employee's valid security clearance level; and,

(D) Contract number and period of performance;

(iii) The DS-1838, Request for Building Pass Identification Card.

(b) Contractors working in domestic facilities where security clearances are not required. (1) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. The Bureau of Diplomatic Security, Office of Domestic Facilities Protection, shall issue passes. They shall be used for the purpose of facility access only, and shall not be used for any other purpose.

(2) The contractor shall submit the following paperwork, in original, to the Bureau of Diplomatic Security, Information Security Programs Division, Industrial Security Branch (DS/ISP/INB):

(i) SF-85P, Questionnaire for Public Trust Positions ;

(ii) SF-85P/S, Supplemental Questionnaire for Selected Positions ; and,

(iii) DOS Credit Release, which may be obtained from DS/ISP/INB via mail or facsimile.

(3) DS/ISP/INB shall conduct a preliminary background check. If the background check is favorable, DS/ISP/INB will forward a letter to the company Facility Security Officer (FSO) notifying them that the individual may proceed to the Building Pass Office to continue the badging process. DS/ISP/INB will forward a copy of this letter to the Building Pass Office.

(4) When a contractor employee is approved to receive a building pass, he/she shall hand-carry the following documentation to the Contractor Building Pass Office, Department of State, 520 23rd Street, NW., courtyard of Columbia Plaza, NW., Washington, DC.:

(i) A Department of State sponsorship letter from the COR, addressing the following:

(A) The purpose for which the pass is being requested;

(B) Whether or not the employee has a valid security clearance;

(C) Contract number and period of performance;

(D) Type of access (24/7, normal business hours, escort authority or no escort authority granted); and

(E) Expiration date of building pass (1 year or 3 years);

(ii) DS Form 1838, Request for Building Pass Identification Card ;

(iii) Letter on company letterhead to accompany the application, containing the following information:

(A) The purpose for which the pass is being requested;

(B) Verification of employment;

(C) Whether or not the applicant has a valid security clearance; and,

(D) Contract number and period of performance;

(iv) Original SF-85P or a copy of the SF-85P, with an original signature and current date;

(v) Original SF-85P/S or a copy of the SF-85P/S, with an original signature and current date;

(vi) Copy of the DOS Credit Release, with an original signature and current date; and,

(vii) Original proof of U.S. citizenship, such as a birth certificate or valid U.S. passport. Non-U.S. citizens must submit a valid photo Immigration and Naturalization Service Employment Authorization Document (INS

EAD).

(5) Applicants shall be fingerprinted at the Building Pass Office and the process for a building pass shall be initiated. The approval process shall take at least 48 hours. Applicants shall not return to the Building Pass Office until they receive notification from DS/ISP/INB that the process is complete. Once DS/ISP/INB receives notification from the Building Pass Office that a building pass can be issued, DS/ISP/INB shall notify the FSO and the COR that the applicant has been approved for initial contract performance.

(c) Contractors working in overseas facilities. Contractors shall submit appropriate documentation to obtain building passes as specified in the contract.

(d) All contractor employees, both domestic and overseas, shall wear the passes in plain sight at all times while in Department of State buildings. All contractor employees shall show their passes, where appropriate, when entering these buildings and upon request of uniformed guards or any other authorized personnel.

(e) All passes shall be returned to the COR upon separation of the employee, or expiration or termination of the contract. Final payment under this contract shall not be made until all passes are returned to the COR.

(End of clause)

[69 FR 19342, Apr. 13, 2004]

Section J - List of Attachments

J.1 Reserved

Reserved

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

Clause Title Date 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal

Transactions (Sept 2007)

09/17/2007

52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2010) 10/01/2010

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.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 (m) of this provision.

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

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

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

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

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

“Inverted domestic corporation” 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).

"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 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 form teh 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.

"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.

"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 its stock 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; and

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

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.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…