OSP - Blikatan Feb 2011 Final.doc

OFFEROR SUBMISSION

PACKAGE

SOLICITATION: SP0600-09-R-0222-0002, PHILIPPINES PC&S PROGRAM

THE ENCLOSED SOLICITATION COVERS THE PERIOD:

Date of Award

THROUGH:

15 April 2011

INSTRUCTIONS

1. The original completed package must be returned to: The Bid Custodian/DESC-PCC/RM 3729/Defense Energy Support Center/8725 John J. Kingman Road, Suite 4950/Fort Belvoir, VA 22060-6222 as your offer. All documents to be filled in or completed are contained in this Offeror Submission Package (OSP):

X Standard Form SF 1449, Solicitation/Contract/Order for Commercial Items Signed & Dated X All applicable fill-in clauses

X Price Data Sheets-OSP 30

2. Be sure to proof-read all offered prices submitted. Offers must be shown as price per gallon (e.g. $0.0000), not price differentials. Prices should be listed on the price data sheet provided. The price data sheet may be reproduced as needed.

3. Be sure to check your offer package for accuracy and legibility prior to submission. Initial all changes and sign and date the Standard Form 1449 in ink.

4. Facsimile Proposals may be submitted in accordance with Clause L2.11-2 FACSIMILE PROPOSALS (OCT 1997).

5. Electronic proposals may be submitted in accordance with Clause L2.11-4 EMAIL PROPOSALS (DESC APR 2005).

6. By submission of this package, you are stating that all terms and conditions of the entire solicitation are accepted and apply to your offer, unless exceptions are clearly stated herein.

SOLCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-06-0108

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

See Block 31C

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-09-R-0222-0002

6. SOLICITATION ISSUE DATE

14 January 2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Angela Ponder, angela.ponder@dla.mil

Karen Hammack, karen.hammack@dla.mil

b. TELEPHONE NUMBER

(no collect calls)

Phone: (703) 767-9508

FAX: (703) 767-8506

8. OFFER DUE DATE

14 February 2011

3:00 PM

Ft. Belvoir Time

9. ISSUED BY CODE

(UNRESTRICTED

(SET ASIDE % FOR

Defense Energy Support Center

8725 John J. Kingman Road, Suite 4950

(SMALL BUSINESS

(SMALL DISADV BUSINESS

MARKED

( SEE SCHEDULE

Fort Belvoir, VA 22060-6222

Buyer/Symbol: Angela Ponder /DESC-PEA

PP 1.6P

(RFQ (IFB (RFP

15. DELIVER TO CODE

16 . ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See schedule in Master Solicitation

25. ACCOUNTING AND APPROPRIATION DATA

To be cited on each Delivery Order

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

(27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-3. FAR 52.212-4 AND 52.212-5. ADDENDA ( ARE ( ARE NOT ATTACHED. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

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

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

(RECEIVED (INSPECTED (ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

(PARTIAL (FINAL

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

INT-B1.05-2

SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) (DLA ENERGY MAY 2001)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION clause.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as 1 year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS

AND METHOD OF DELIVERY

ESTIMATED QUANTITY

SEE

JET FUEL, AVIATION

385 (USG)

SCHEDULE

NSN: 9130-00-753-5026

GASOLINE PREMUIM UNLEADED (MUP)

1705 (USG)

NSN: 9130-00-148-7104

DIESEL FUEL #2 (DF2)

115,565 (USG)

NSN: 9140-00-286-5294

PHILIPPINE NATIONAL STANDARD 20

Grade “ADO”

SPECIAL NOTES:

1. The above are details of the all products solicited and applicable specifications. Offers should be made for line items listed on the following pages.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

MARINE BARRACKS GREGORIO LIM

OVERSEAS, United States Army

TERNATE, PHILLIPINES

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

001-27 1.6P GASOLINE, PREM UNL (MUP) Lift 715 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 13 drums will be stored at contractor facility.

-Delivery to 31st MEU at Marine Barracks Gregorio.

-Projected delivery dates from 4/4/2011 to 4/9/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Delivery dates subject to change.

-Vendor will provide hand pump .

-Vendor will remove empty drums.

-Unit must coordinate own spill containment .

001-34 1.6P DIESEL FUEL #2 (DF2) Lift 715 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 13 drums will be stored at contractor facility.

-Delivery to 31st MEU at Marine Barracks Gregorio.

-Projected delivery dates from 4/4/2011 to 4/9/2011.

-Delivery dates subject to change.

-Vendor will provide hand pump .

-Vendor will remove empty drums.

-Unit must coordinate own spill containment .

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

BASA AB

OVERSEAS, United States Army

Floridablanca, Pampanga, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

002-34 1.6P DIESEL FUEL #2 (DF2) Lift 17,820 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 324 drums will be stored at contractor facility.

-Delivery to 3rd MARDIV HQ Basa, AB.

-Projected delivery dates from 3/22/2011 to 4/9/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Fort Magsaysay

OVERSEAS, United States Army

Nueva Ecija, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

003-03 1.6P JET FUEL, AVIATION (JA1) Lift 385 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 7 drums will be stored at contractor facility.

Delivery to 105th Troop Command at Fort Magsaysay.

-Projected delivery dates from 3/28/2011 to 4/10/2011.

-0900hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor will provide hand Pump.

-Vendor required to remove empty drums.

-Unit to provide proper spill containment.

003-27 1.6P GASOLINE, PREM UNL (MUP) Lift 220 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 4 drums will be stored at contractor facility.

Delivery to 106th Troop Command at Fort Magsaysay.

-Projected delivery dates from 3/22/2011 to 4/9/2011.

-0900hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Excess drums coordinate with unit and Fuels Officer as needed .

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

003-34 1.6P DIESEL FUEL #2 (DF2) Lift 19,200 GL $ __________

***PORTS ACTIVE***

TANK TRUCK (TT), w / pump & meter

-Delivery to MARFOR at Fort Magsaysay.

-Projected delivery dates from 3/23/2011 to 4/15/2011.

-Vendor required to refuel GERS system 800 gal daily coordinated by unit and

Fuels Officer as needed / 0900 hrs to be delivered.

-Unit needs to provide proper spill containment.

-Delivery dates subject to change.

003-341 1.6P DIESEL FUEL #2 (DF2) Lift 39,000 GL $ __________

***PORTS ACTIVE***

TANK TRUCK (TT), w / pump & meter

-Delivery to 523rd EN CO. at Fort Magsaysay.

-Projected delivery dates from 3/1/2011 to 3/30/2011.

-Vendor required refuel 1300gal daily and to coordinate with unit and Fuels

Officer as needed / 0900 hrs to be delivered at Fort Magsaysay, unit to provide

HEMTT Fueler for storage.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Clark Air base

OVERSEAS, United States Army

Pampanga, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

004-34 1.6P DIESEL FUEL #2 (DF2) Lift 990 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 8 drums will be stored at contractor facility.

-Delivery to 78th AVN BN at Open Air Hanger.

-Deliver 10 Drums 03/16/2011, remaining drums as needed or as required by requestor or Fuels Officer.

-Vendor required to remove empty drums.

-Vendor to provide hand pumps.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

004-341 1.6P DIESEL FUEL #2 (DF2) Lift 1,100 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to 59th Sig. at Clark Air Base.

-Approximately 20 drums will be stored at contractor facility.

-Projected delivery dates from 3/19/2011 to 4/7/2011.

-Vendor will refuel and replace drums as needed and provide hand pumps.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

004-342 1.6P DIESEL FUEL #2 (DF2) Lift 715 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to USARPAC HHBN at POL Storage / F5 Hangar.

-Projected delivery dates from 3/23/2011 to 3/23/2011.

-Vendor will refuel and replace drums as needed and provide hand pumps.

-0800hrs - 1000hrs deliver fuel or as required by requestor or Fuels Officer.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

004-343 1.6P DIESEL FUEL #2 (DF2) Lift 18,810 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 342 drums will be stored at contractor facility.

-Delivery to Marines at TBD.

-Projected delivery dates from 3/22/2011 to

4/9/2011.

-0800hrs deliver fuel, 1000 gal daily (18 drums) or as required by requestor or Fuels Officer.

-Vendor will provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Camp Gen Emilio Aguinaldo

OVERSEAS, United States Army, Armed Forces of the Philippines / Command and

General Staff College (AFPCGSC)

Quezon City, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

005-34 1.6P DIESEL FUEL #2 (DF2) Lift 4,800 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW), W/PUMP & METER

-Delivery to LTF 505th QM BN at Armed Forces of the Philippines / Command and General Staff

College .

-Projected delivery dates from 3/23/2011 to

4/15/2011.

-Need one delivery between 0800-1000hrs and one between 1500-1700 / Need a small refueler with pump and meter to issue fuel into tactical generators and drums / approximately 200 gal per delivery.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Crow Valley

OVERSEAS, United States Army

Tarlac, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

006-34 1.6P DIESEL FUEL #2 (DF2) Lift 550 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to 31st MEU at TBD

-Projected delivery dates from 4/2/2011 to 4/2/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps, Aircraft Nozzle (6-con).

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

006-341 1.6P DIESEL FUEL #2 (DF2) Lift 4,000 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW), W/PUMP & METER

-Delivery to 31st MEU at TBD.

-Projected delivery dates from 4/9/2011 to 4/12/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps, Aircraft Nozzle (6-con).

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Mayantoc

OVERSEAS, United States Army

Tarlac, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

007-27 1.6P GASOLINE, PREM UNL (MUP) Lift 550 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to CAB, CEC at Pedro L. Quines Elementary School.

-Projected delivery dates from 3/3/2011 to 3/3/2011.

-1000hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

007-34 1.6P DIESEL FUEL #2 (DF2) Lift 110 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to CAB, CEC at Pedro L. Quines Elementary School.

-Projected delivery dates from 3/3/2011 to 3/3/2011.

-1000hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Tarlac

OVERSEAS, United States Army

Tarlac, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

008-27 1.6P GASOLINE, PREM UNL (MUP) Lift 55 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in a 55 gallon drum.

-Delivery to US Navy at Bantog Community Center, Tarlac.

-Projected delivery dates from 3/3/2011 to 3/3/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

008-34 1.6P DIESEL FUEL #2 (DF2) Lift 440 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to US Navy at Bantog Community Center, Tarlac.

-Projected delivery dates from 3/3/2011 to 3/3/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

009-27 1.6P GASOLINE, PREM UNL (MUP) Lift 165 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Delivery to 773rd CES at Parang Elementary School.

-Projected delivery dates from 3/28/2011 to 3/28/2011.

-1000hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

009-34 1.6P DIESEL FUEL #2 (DF2) Lift 1,100 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 20 drums will be stored at contractor facility.

-Delivery to 773rd CES at Parang Elementary School.

-Projected delivery dates from 3/28/2011 to 4/4/2011.

-1000hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Candelaria

OVERSEAS, United States Army

Zambales, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

010-34 1.6P DIESEL FUEL #2 (DF2) Lift 275 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 5 drums will be stored at contractor facility.

-Delivery to 643rd EN CO at Taposo Elementary School.

-Projected delivery dates from 3/3/2011 to 3/28/2011.

-0900hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

San Antonio

OVERSEAS, United States Army

Zambales, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

011-34 1.6P DIESEL FUEL #2 (DF2) Lift 4,620 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 84 drums will be stored at contractor facility.

-Delivery to 130TH EN BDE at NETC.

-Projected delivery dates from 2/28/2011 to 4/15/2011.

-0800hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

011-341 1.6P DIESEL FUEL #2 (DF2) Lift 275 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 5 drums will be stored at contractor facility.

-Delivery to 643rd EN CO at Angel C.Manglicmot Elementary School.

-Projected delivery dates from 3/3/2011 to 3/30/2011.

-0900hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

011-342 1.6P DIESEL FUEL #2 (DF2) Lift 275 GL $ __________

***PORTS ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 5 drums will be stored at contractor facility.

-Delivery to 643rd EN CO at Pundaquit Elementary School.

-Projected delivery dates from 3/3/2011 to 3/29/2011.

-0900hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

ITEM ESTIMATED UNIT CONTRACT

NUMBER QUANTITY UI PRICE SP0600- CONTRACTOR

Subic Bay

OVERSEAS, United States Army

Zambales, Phillipines

DELIVERY DODAAC: W90UMB

BILLING DODAAC: W90UMB

ORDERING OFFICE:

ORDERING DODAAC : W90UMB

012-34 1.6P DIESEL FUEL #2 (DF2) Lift 770 GL $ __________

***PORTSW ACTIVE***

TANK WAGON (TW),

Product to be delivered in 55 gallon drums.

-Approximately 14 drums will be stored at contractor facility.

-Delivery to T-F 3 USMC at Subic Bay Port Global Pax Terminal.

-Projected delivery dates from 4/4/2011 to 4/9/2011.

-0900hrs deliver fuel or as required by requestor or Fuels Officer.

-Vendor to provide hand pumps.

-Vendor required to remove empty drums.

-Delivery dates subject to change.

-Unit needs to provide proper spill containment.

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications—Commercial Items (Jan 2011)

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 (o) 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 the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“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 the stock of which 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 this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

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

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

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

(2) Foreign End Products:

[List as necessary]

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

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements–Israeli Trade Act.”

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

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

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

Canadian End Products:

Line Item No.

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

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

Canadian or Israeli End Products:

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

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

Other End Products:

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

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

(1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) o Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1).