Solicitation SP0600-10-R-0202.doc

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SOLICITATION SP0600-01-R-0123

9SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-10-1500

PAGE 1 - 74

2. CONTRACT NUMBER

3.AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-10-R-0202

6. SOLICITATION ISSUE

DATE

01/13/2010

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SUSAN CHYZ/TERRY PERRY

b. TELEPHONE NUMBER

(no collect calls) (703) 767-8659/

(703) 767-8458

8. OFFER DUE DATE/LOCALTIME

02/16/2010@ 1:00 PM EST

DESTINATION UNLESS

12. DISCOUNT TERMS

MOBILITY FUELS DIVISION (DESC-PH)

FORMCHECKBOX

UNRESTRICTED

FORMCHECKBOX

SET ASIDE % FOR

BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

DEFENSE ENERGY SUPPORT CENTER

FORMTEXT

8725 JOHN J. KINGMAN ROAD, SUITE 3821

FORMCHECKBOX

SMALL BUSINESS

FORMCHECKBOX

HUBZONE SMALL BUSINESS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

FORT BELVOIR, VA 22060-6222

FORMCHECKBOX

8(A) 13b. RATING

PHONE: (703) 767-8659/ (703) 767-8458

FAX: (703) 767-8506

OFFICE SYMBOL:

DESC-PHC

PP: 1.2E

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

SEE SCHEDULE IN CLAUSE B15.01

DEFENSE ENERGY SUPPORT CENTER

17a. CONTRACTOR /

OFFEROR CODE

CODE

DUNS:

DEFENSE FINANCE AND ACCOUNTING SERVICES

ATTN: DFAS-CVDBBA / CO

P. O. BOX 182317

COLUMBUS, OH 43218-6251

FORMCHECKBOX

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK BELOW IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

OVERSEAS 1.2 EAST supporting requirement for various locations overseas

SEE CLAUSE B15.01

(ATTACH ADDITIONAL SHEETS AS NECESSARY)

25. ACCOUNTING AND APPROPRIATION DATA

97XXXX4930.5CFO 01 26.1 S33150

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

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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 AND CONDITIONS SPECIFIED HEREIN.

FORMCHECKBOX

29. AWARD OF CONTRACT: REFERENCE: 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)

TAMMY E. BALTZELL

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA – FAR (48 CPR) 53.212

THE FOLLOWING CLAUSES ARE INCLUDED IN FULL TEXT AND CAN BE FOUND IN THIS SOLICITATION:

INDEX

PAGE NUMBER

SCHEDULE

SOLICITATION CLAUSES

PRE-AWARD

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007)

(AUG 2009/APR2002/OCT 2000)

K1.06 K15

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 19

RELEASE OF UNIT PRICES (DESC MAR 2009) 19

K85 K86

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRIST COUNTRY 20

(JAN 2009)

FOREIGN TAXES (DESC JUN 1987) 20

K94

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005)

L2.05-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (INTO-PLANE) (DESC MAR 2009) 22 L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I) (JAN 2004/OCT 1997) 25 L2.10

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

L2.10-1

SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

L2.11-3

FACSIMILE PROPOSALS - COMMERCIAL ITEMS (DESC NOV 1999)

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005)

L5.01-1 AGENCY PROTESTS (APR 2006) – DLAD

L5.05

DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) – DLAD 28

L69.01

ABBREVIATIONS (INTO-PLANE) (DESC MAY 2009)

M3.01

EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DESC JAN 1998)

M43.05

EVALUATION OF OPTIONS (JUL 1990)

M55

CONVERSION FACTORS (DESC MAR 2007)

M57

UNIT PRICES/ALTERNATE PRODUCTS/EVALUATION/AWARD (INTO-PLANE)(DESC AUG 2004)

M72

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997)

M90 WAIVER OF UNITED KINGDOM LEVIES – EVALUATION OF OFFERS (APR 2003)

POST-AWARD

B19.38

ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DESC FEB 2009)

C1.02

DODISS SPECIFICATIONS (DESC OCT 2000)

C2

SPECIFICATIONS (INTO-PLANE) (DESC JUL 2009)

C16.08

TURBINE FUEL, AVIATION (JET A/A1/A50) (DESC AUG 2008)

C16.64-4

TURBINE FUEL, AVIATION (JP8) (INTO-PLANE)(DESC AUGU 2008)

E5

INSPECITION OF SUPPLIES – FIXED-PRICE (AUG 1996)

E17

CONTRACTOR INSPECTION RESPONSIBILITIES (INTO-PLANE)(DESC NOV 1999)

E22

LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC JAN 2009)

E35

NON-CONFORMING SUPPLIES AND SERVICES (DESC OCT 2009)

F56.01

DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE)(DESC AUG 2005)

F91

DEFUELING/RESERVICING (DESC DEC 1985)

G3

INVOICE NUMBERING REQUIRMENTS (DESC AUG 1998)

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE EXCHANGE

(DESC MAR 2003)

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER

SYSTEM (JAN 2007)

G9.11

DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER

N INFORMATION (MAY 1999)

G149.02

SUBMISSION OF INVOICES FOR FUEL SAMPLE TRANSPORTATION CHARGES (INTO-PLANE)

(DESC NOV 2008)

G150.02-1 COURIER DELIVERY OF INVOICES (INTO-PLANE)(DESC JAN 2005)

H20.03 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA –

SUBMISSION AFTER AWARD (DEC 2006)

I1.03-7

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (INTO-PLANE)(DESC MAR 2009)

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (SEP 2009)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DESC JAN 2003)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DESC FEB 1996)

I27 GRATUITIES (APR 1984)

I28.17 TAXES – FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENT (JAN 1991)

I28.21 TAXES – FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

I33 INTEREST (OCT 2008)

I90 RESTRICTIONS OF CERTAIN FOREIGN PURCHASES (JUN 2008)

I128.01 SUBSTANTIATION OF LOCAL TAXES FOR INTRASTATE/INTRACOUNTRY FLIGHTS

(DESC APR 1987)

I151 AIRPORT FEES AND/OR CHARGES (DESC AUG 1998)

I190.06 MATERIAL SAFETY DATA SHEETS – COMMERCIAL ITEMS (DESC MAR 2000)

I209.09 EXTENSION PROVISIONS (DESC JUL 2009)

I211.04 ORDERING (INTO-PLANE) (DESC FEB 2009)

I252 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009)

I285.01 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (MAR 2006)

I285.02 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED

OUTSIDE THE UNITED STATES (JULY 2009)

I285.03 CONTRACTOR PERSONNEL IN THE UNITED STATES CENTRAL COMMAND AREA OF

RESPONSIBILITY (JUL 2009) (DEVIATION 2007-O0010)

I302 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)

I340 COMBAT TRAFFICKING IN PERSONS (FEB 2009)

I350 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I410 LEVIES OF CONTRACT PAYMENTS (DESC 2006)

LIST OF ATTACHEMENTS

[ X ] SF FORM 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SOLICITATION 1 – 74

[ X ] COUNTRY LISTING OF SOLICITED ITEM (Schedule)

PAGES 1-26

[ X ] OFFERORS’ SUBMISSION PACKAGE (OSP)

PAGES 1 – 28

[ X ] MILITARY STANDARD (1548G)

B15.01

SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DESC MAR 2009)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period. With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver into-plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS clause.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at the specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, the Government shall only order from the Contractor the Government's fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) clause.

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specified method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited. Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) clause for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause.

(f) For Manual delivery processing, the U.S. Government will provide the following:

(1) MECHANICAL IMPRINTERS. Only one imprinter will be issued for each location upon award. If additional imprinters are needed, it will be at the sole discretion of the Contracting Officer. Requests for initial Bartizan Mechanical Imprinter, Model Number 4760-100-20 or equal, must be submitted to—

ATTN: DESC-RRR

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

Facsimile: (210) 925-0555

Email: descsa.imprinters@dla.mil

(2) DD FORM 1898. Request for initial and re-supply of DD Forms 1898 must be submitted in writing (on company letterhead) referencing the contract number and the quantity of DD Forms 1898 needed via either email or facsimile 30 days prior to the date additional forms are required. Submit email requests to DD1898-admin@pgmail.daps.dla.mil and facsimile requests to (215) 697-2424. The Contractor will return all unused DD Forms 1898 at the expiration of the contract unless a follow-on contract is awarded.

(g) Any prime contractor using another source as a refueler MUST submit a Commitment Letter from that Fixed Base Operator (FBO) indicating their support as the prime contractor’s refueling operator.

I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: _______________

AIRPORT LOCATION: ________________________

PRICE EFFECTIVE

EST. 4 YEARS (01 December 2009 )

SUBITEM NO.

PRODUCT

QUANTITY (USG)

(USD/USG

II. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a refueler, see paragraph (g).

A. NAME

ADDRESS

TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME

ADDRESS

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from II.A.)

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY

CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for call-outs):

Hours of operation: ________________________________________________

Phone/Pager/Cellular Number (please identify): _____________________________________

Answering service and contact number: ___________________________________________

Is advance notice required for after-hours delivery? [ ] Yes [ ] No

If yes, how far in advance (days, hours, minutes, etc.)? ____________________________________

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No

*If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

[ ] per occurrence

OR

[ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED IN THE SECTION I. UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES clause.)

NAME AND ADDRESS IN FULL OF AUTHORITY

AMOUNT OF FEES AND/OR CHARGES PER GALLON

TO WHOM FEE AND/OR CHARGE IS PAID

AND GRADE OF PRODUCT APPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

PRODUCT

TYPE OF CHARGE

UNIT PRICE

VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE ABOVE.

PRODUCT

TYPE OF CHARGE

DUTY TAX

*Per the FOREIGN TAXES clause, paragraph (b), this tax/duty has been listed separately but applies to every delivery of fuel and has been included in the estimated contract value.

VIII. ADDITIONAL INFORMATION.

A. Does your company have world wide web/internet access?

[ ] Yes [ ] No

NOTE: For those companies with internet access, DESC will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DESC Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site?

If yes, what is the web address? ______________________________________________________________

C. Does your company have email capability?

If yes, what is your email address? ____________________________________________________________

D. Is your company registered under the Central Contractor Registration?

E. What is your company's Dun and Bradstreet number? ____________________________________________

F. What is your company’s CAGE code number? ________________________________________________

IX. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES clause. Federal Excise Taxes are applicable to deliveries to all U.S. Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. ISSUES TO CANADIAN MILITARY AIRCRAFT. See paragraph (c), Submission of Invoices for Payment, of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause for details. In the event Canadian Military Aircraft personnel do not possess/present Government AIR Card, the Contractor will ensure that the information, identified in paragraph (c) of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause is entered in the appropriate blocks of the DD Form 1898.

3. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420.

(DESC 52.207-9F35)

I1.07

CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007)

(a) DEFINITIONS. As used in this clause--

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Commercial and Government Entity (CAGE) code means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

Data Universal Numbering Systems (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System + 4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor’s CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) within the Internal Revenue Service, and has marked the records “Active.” The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or, if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification and sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR records to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(FAR 52.204-7/DFARS 252.204-7004)

K1.01-10

OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (ALTERNATES I/II)

(AUG 2009/APR 2002/OCT 2000)

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 of 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 the 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 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 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 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 (n) 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 is to be performed in the United States or its outlying areas. Check all that apply.

(1) SMALL BUSINESS CONCERN. The offeror represents as part of its offer that it--

[ ] is

[ ] is not a small business concern.

(2) VETERAN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it— 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— 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--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--a woman-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 -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--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)). The offeror represents as follows:

(A) The 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) The 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:)

AVERAGE ANNUAL GROSS

NUMBER of EMPLOYEES

REVENUES

50 or fewer [ ] $1 million or less

51 - 100 [ ] $1,000,001 - $2 million

101 - 250 [ ] $2,000,001 - $3.5 million

251 - 500 [ ] $3,500,001 - $5 million

501 - 750 [ ] $5,000,001 - $10 million

751 - 1,000 [ ] $10,000,001 - $17 million

[ ] Over 1,000 [ ] Over $17 million

(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--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--

[ ] has

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

(ii) JOINT VENTURE 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: _____________________________________________________________.

(iii) ADDRESS. The offeror represents that its address— in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. Address, as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, address refers to the address 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--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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It--a 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 the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ___________________________________________________________________________________________________.)

Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) The offeror shall check the category in which its ownership falls:

Black American

Hispanic American

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

Asian-Pacific American (persons with origin from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

(d) REPRESENTATIONS REQUIRED TO IMPLEMENT PROVISIONS OF EXECUTIVE ORDER 11246.

(1) PREVIOUS CONTRACTS AND COMPLIANCE. The offeror represents that--participated in a previous contract or subcontract subject to the EQUAL OPPORTUNITY clause of this solicitation; and filed all required compliance reports.

(2) AFFIRMATIVE ACTION COMPLIANCE. The offeror represents that--

[ ] has developed and has on file

[ ] has not developed and does not have on file at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

[ ] 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 $100,000). 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, OMG 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) TRADE AGREEMENTS CERTIFICATE (DFARS 252.225-7020). (Applies only if DFARS clause 252.225-7021, TRADE AGREEMENTS, is incorporated by reference in this solicitation.) DFARS 252.225-7020 is hereby incorporated by reference in its entirety; only the certification portion is reproduced below.

(1) For all line items subject to the TRADE AGREEMENTS clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in subparagraph (2) below, is a U.S.-made qualifying country, or designated country end product.

(2) The following supplies are other nondesignated country end products:

(Line item no.)

(Country of origin)

(g) BUY AMERICAN ACT – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DFARS 252.225-7035). (Applies only if DFARS clause 252.225-7036, BUY AMERICAN ACT – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM, is incorporated by reference in this solicitation.) DFARS 252.225-7035 is hereby incorporated by reference in its entirety; only the certification portion is reproduced below.

(1) For all line items subject to the BUY AMERICAN ACT – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM clause of this solicitation, the offeror certifies that—

(i) Each end product, except the end products listed in subparagraph (2) below, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror shall identify all end products that are not domestic end products.

(i) The offeror certifies that the following supplies are qualifying country (except Australian and Canadian) end products:

(Line item number)

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products:

(iii) The following supplies are other foreign end products including end products manufactured in the United States that do not qualify as domestic end products:

(Country of origin (if known))

(h) CERTIFICATION REGARDING RESPONSIBILITY MATTERS (EXECUTIVE ORDER 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)

The offeror certifies, to the best of its knowledge and belief, that--

(1) The offeror and/or any of its principals

[ ] are

[ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, and

(2) [ ] have

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

(3) [ ] are 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 provision; and

(4) [ ] have

[ ] 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. Sec. 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. Sec. 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 underling 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. Sec. 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. Sec. 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) List End Product.

(Insert end product) (Insert country of origin)

(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 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.

(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.