Amendment 0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

22 June 2012

4. REQUISITION/PURCHASE REQ. NO.

SPE600-12-R-0812

5. PROJECT NO.

(If applicable)

6. ISSUED BY CODE

DEFENSE LOGISTICS AGENCY ENERGY

SP0600 7. ADMINISTERED BY CODE (If other than Item 6)

8725 JOHN J. KINGMAN ROAD, SUITE 3830

FORT BELVOIR, VA 22060-6222

BUYER/SYMBOL: Taina M. Rivera - DLA Energy-FEEDA

PHONE: (703) 767-9652

E-MAIL: taina.rivera@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street, city ,county, State, and ZIP Code)

9a. AMENDMENT OF SOLICITATION NO.

SPE600-12-R-0812

9b. DATED (SEE ITEM 11) 30 March 2012

X 10a. MODIFICATION OF CONTRACT NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [ X ] is not extended Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copy of the amendment;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers.

FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) Not Applicable

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)

THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: FAR 43.103(a)

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Utility Privatization of the Water Distribution and

Wastewater Collection Systems at Picatinny Arsenal, NJ

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER (Type or print)

MARTHA A. GRAY

15B. NAME OF CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

Previous Edition Unusable Prescribed by GSA FAR (48 CFR) 53.243 mailto:taina.rivera@dla.mil

Picatinny Arsenal, NJ SPE600-12-R-0812 Utilities Privatization Amendment 0003

The purpose of this amendment is to revise solicitation SPE600-12-R-0812 as follows. Changes and additions are presented below and shown in blue font; deletions are shown in red strikethrough font.

A. Section B – Supplies or Services and Price/Costs

Section B.3.6, Price Data Sheet 6 is deleted in its entirety and replaced with Section B.3.6, Price Data Sheet 6 – Proposal 50 Year Charges to the Government, Constant 2013$, as the proposed prices shall be submitted in dollars for the year of the projected award. Accordingly, Price Data Sheet 6 is replaced with the following:

B.3.6 Price Data Sheet 6 – Proposal 50 Year Charges to the Government, Constant 20123$ Notes:

1. Offerors shall provide for Schedule B-2

2. Contract year--Fill in for each year (1-50)

B. Section I - Contract Clauses

Section I.2, FAR Clauses, is deleted in its entirety and replaced with the following:

I.2 FAR Clauses The following FAR clauses are incorporated by reference:

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q)

Contract Year

Operations & Maintenance less FIT FIT for O&M Other Costs & Credits, Net

Non Federal Income Taxes

& Fees

Purchase Price

Recovery Purchase

Price Credit

Renewals & Replacements less FIT FIT for R&R Subtotal

CLIN 0001

ISDC Projects Amortization less FIT FIT for ISDC

Projects Subtotal

CLIN 0002

Transition Charges less

FIT

FIT for Transition Charges

Subtotal

CLIN 0003

Total Contract

Costs Real Real Real Real Nominal Nominal Real Real -- Nominal Nominal Nominal Nominal Nominal Nominal --

1 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 13 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 15 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 16 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 17 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 19 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 23 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 24 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 25 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 26 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 29 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 31 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 32 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 33 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 34 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 35 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 36 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 37 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 38 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 39 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 40 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 41 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 42 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 43 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 44 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 45 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 46 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 47 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 48 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 49 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 50 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Totals -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

Contract Items

CLIN 0001 - Utility Service Charge CLIN 0002 - Initial System Deficiency Corrections / Connection Charges CLIN 0003 - Transition Period Charges

FAR Paragraph

Clause Title

IAW

Date

52.202-1

Definitions

FAR 2.201

Jan 2012

52.203-3

Gratuities

FAR 3.202

Apr 1984

52.203-5

Covenant Against Contingent Fees

FAR 3.404

52.203-6

Restrictions on Subcontractor Sales to the Government

FAR 3.503-2

Sep 2006

52.203-7

Anti-Kickback Procedures

FAR 3.502-3

Oct 2010

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

FAR 3.104-9(a)

Jan 1997

52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

FAR 3.104-9(b)

52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

FAR 3.808(a)

Sept 2007

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

FAR 3.808(b)

52.203-13

Contractor Code of Business Ethics and Conduct

FAR 3.1004(a)

Apr 2010

52.203-14

Display of Hotline Poster(s)

FAR 3.1004(b)

Dec 2007

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

FAR 4.303

May 2011

52.204-7

Central Contractor Registration

FAR 4.1105

Feb 2012

52.204-9

Personal Identity Verification of Contractor Personnel

FAR 4.1303

Jan 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 4.1403(a)

52.207-3

Right of First Refusal of Employment

FAR 7.305(c)

May 2006

52.209-6

Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, FAR 9.409

Dec 2010 or Proposed for Debarment

52.209-7 Information Regarding Responsibility Matters FAR 9.104-7(b) Feb 2012

52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters

FAR 9.104-7(c)

52.215-2

Audit and Records -- Negotiations

FAR 15.209(b)

52.215-8

Order of Precedence – Uniform Contract Format See Section C.1 of contract

FAR 15.209(h)

Oct 1997

52.215-11

Price Reduction for Defective Cost or Pricing Data— Modifications

FAR 15.408(c)

Aug 2011

52.215-13

Subcontractor Cost or Pricing Data—Modifications

FAR 15.408(e)

52.215-21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications

FAR 15.408(m)

52.219-4

Notice of Price Evaluation Preference for HUBZone Small Business Concerns

FAR 19.1309(b)

52.219-8

Utilization of Small Business Concerns

FAR 19.708(a)

52.219-9

Small Business Subcontracting Plan Alternate II

FAR 19.708(b)(1)(ii)

Alt II Oct 2001

52.219-16

Liquidated Damages—Subcontracting Plan

FAR 19.708(b)(2)

Jan 1999

52.219-25

Small Disadvantaged Business participation Program- Disadvantaged Status and Reporting

FAR 19.1204(b)

52.219-28

Post-Award Small Business Program Representation

FAR 19.309(d)

Apr 2009 2012

52.222-1

Notice to the Government of Labor Disputes

FAR 22.103-5(a)

Feb 1997

52.222-3

Convict Labor

FAR 22.202

Jun 2003

52.222-4

Contract Work Hours and Safety Standards Act - Overtime Compensation

FAR 22.305

Jul 2005

52.222-21

Prohibition of Segregated Facilities

FAR 22.810(a)(1)

Feb 1999

52.222-26

Equal Opportunity

FAR 22.810(e)

Mar 2007

52.222-35

Equal Opportunity for Veterans

FAR 22.1310(a)(1)

Sep 2010

52.222-36

Affirmative Action for Workers with Disabilities

FAR 22.1408(a)

52.222-37

Employment Reports on Veterans

FAR 22.1310(b)

Sep 2010

52.222-50

Combating Trafficking in Persons

FAR 22.1705(a)

Feb 2009

52.222-54

Employment Eligibility Verification

FAR 22.1803

Jan 2009

52.223-3

Hazardous Material Identification and Material Safety Data

FAR 23.303

52.223-5

Pollution Prevention and Right-to-Know Information, Alternate I

FAR 23.1005

May 2011

52.223-6

Drug-Free Workplace

FAR 23.505

May 2001

52.223-12

Refrigeration Equipment And Air Conditioners

FAR 23.804(b)

May 1995

52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 23.1105

Aug 2011

52.225-13

Restrictions on Certain Foreign Purchases

FAR 25.1103(a)

Jun 2008

52.225-25

Prohibition on Contracting With Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification

FAR 25.1103(e)

Nov 2011

52.228-5

Insurance - Work on a Government Installation

FAR 28.310

52.232-1

Payments

FAR 32.111(a)(1)

52.232-8

Discounts for Prompt Payment

FAR 32.111(b)(1)

Feb 2002

52.232-11

Extras

FAR 32.111(c)(2)

52.232-17

Interest

FAR 32.611(a) and (b)

52.232-18

Availability of Funds

FAR 32.705-1(a)

52.232-23

Assignment of Claims

FAR 32.806(a)(1)

Jan 1986

52.232-25

Prompt Payment

FAR 32.908(c)

Oct 2008

52.232-33

Payment by Electronic Funds Transfer --Central Contractor Registration

FAR 32.1110(a)(1)

Oct 2003

52.233-1

Disputes

FAR 33.215

Jul 2002 Dec 1991

52.233-3

Protest after Award

FAR 33.106(b)

Aug 1996

52.233-4

Applicable Law for Breach of Contract Claim

FAR 32.215(b)

Oct 2004

52.237-2

Protection of Government Buildings, Equipment, and Vegetation

FAR 37.110(b)

52.237-3

Continuity of Services

FAR 37.110(c)

Jan 1991

52.242-1

Notice of Intent to Disallow Costs

FAR 42.802

52.242-13

Bankruptcy

FAR 42.903

Jul 1995

52.243-1

Changes – Fixed-Price

FAR 43.205(a)(1)

Aug 1987

52.243-7

Notification of Changes

FAR 43.107

52.244-6

Subcontracts for Commercial Items

FAR 44.403

52.249-2

Termination for Convenience of the Government (Fixed- Price)

FAR 49.502(b)(1)(i)

May 2004 Apr 2012

52.249-8

Default (Fixed-Price Supply and Service)

FAR 49.504(a)(1)

52.252-6

Authorized Deviations in Clauses

FAR 52.107(f)

Section I.5, Non-Regulated Utility Clauses Incorporated by Reference, is deleted in its entirety and replaced with the following:

I.5 Non-Regulated Utility Clauses Incorporated by Reference

The following FAR clauses are incorporated by reference if award is made to an entity that is non-regulated, non-Governmental:

Paragraph

52.222-41

Service Contract Act of 1965, as amended

FAR 22.1006(a)

Nov 2007

52.222-44

Fair Labor Standards Act and Service Contract Act – Price Adjustment

FAR 22.1006(c)(2)

Sep 2009

52.230-2

Cost Accounting Standards (DEVIATION)

FAR 30.201-4(a)

Jan May 2012

52.230-3

Disclosure and Consistency of Cost Accounting Practices (DEVIATION 2012-O0003)

FAR 30.201-4(b)(1)

Jan May 2012

52.230-6

Administration of Cost Accounting Standards

FAR 30.201-4(d)(1)

Jun 2010

52.244-5

Competition in Subcontracting

FAR 44.204(c) Dec 1996

D. Section J - List of Attachments, Exhibits & References

The following RFP Attachments are deleted in their entirety and replaced with the following:

Section JA1, Picatinny Arsenal Water Systems (April 2012) is deleted in its entirety and replaced with Utility-Specific Attachment JA1, Picatinny Arsenal Water Systems (June 2012). Utility-Specific Attachment JA1 can be obtained via the Federal Business Opportunity (FBO) Secure Site.

Section JA2, Picatinny Arsenal Wastewater System (April 2012) is deleted in its entirety and is replaced with Utility-Specific Attachment JA2, Picatinny Arsenal Wastewater System (June 2012).

Utility-Specific Attachment JA2 can be obtained via the FBO Secure Site.

Section JA42, B Schedules and Price Data Sheets is deleted in its entirety and is replaced with JA42, B Schedules and Price Data Sheets (June 2012).

E. Section K - Representations, Certifications, and other Statements of Offerors

Section K, Representations, Certifications, and other Statements of Offerors, is deleted in its entirety and replaced with the following:

Offerors shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR MAY 2012)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 221310 for Water Distribution and 221320 for Wastewater Collection.

(2) The small business size standard is $7.0 million.

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

(b)

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

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

http://orca.bpn.gov/

[_] (i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

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

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

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to—

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

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

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

[Contracting Officer check as appropriate.]

_X__ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

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

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov .

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the https://www.acquisition.gov/ representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

(End of Provision)

52.230-1 – COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (DEVIATION 2012-

O0003) (JAN MAY 2012)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT -- COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR

9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

__ (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

__ (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

__ (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

__ (4) Certificate of Interim Exemption. The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4).

Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. COST ACCOUNTING STANDARDS -- ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

__ The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

__ Yes __ No

F. Section L – Instructions, Conditions, and Notices to Offerors

DLAD Clause 52.233-9000, Agency Protests, is deleted in its entirety and replaced it with the following:

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

(a) Companies protesting this procurement may file a protest

(1) with the Contracting Officer,

(2) with the Government Accountability Office (GAO), or

(3) pursuant to Executive Order Number 12979, with the Agency for a decision by the Activity’s Chief of the Contracting Office.

(b) Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order Number 12979."

(c) Defense Logistics Agency (DLA) procedures for Agency Level Protests filed under Executive Order Number 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer. Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer.

G. All other Terms and Conditions shall remain unchanged and in full force and effect.

End of Amendment