W911KB-09-T-0020.pdf

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA CT (W911KB)

P. O. BOX 6898

ELMENDORF AFB AK 99506-0898

907-753-2544

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$7.0 M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911KB-09-T-0020 15-Jul-2009

b. TELEPHONE NUMBER

907-753-2547

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 31 Jul 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W911KB

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERNEST L WOODS III

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

561790

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

ELM701 BUILDING ENERGY UPGRADES

FFP

WINDOW FILM INSTALLATION

NON PERSONAL SERVICES: Contractor shall provide all labor, materials, tools, equipment, transportation and all other things necessary to provide and install heat-rejecting film to selected windows at the Historic Original Wing of the Corps of Engineers Headquarters Building (Building #2204), located on Elmendorf AFB, Alaska in strict accordance with the attached Scope of Work and Service Contract Act Wage Determination 2005-2017 (Rev 11) attached.

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACTION. NO

LEGAL LIABILITY ON THE PART OF THE GOVERNMENT FOR ANY

PAYMENT MAY ARISE UNTIL FUNDS ARE MADE AVAILABLE TO THE

CONTRACTING OFFICER FOR THE RESULTANT PURCHASE ORDER

CONTRACT AWARD AND UNTIL CONTRACTOR RECEIVES NOTICE

THAT FUNDS ARE AVAILABLE. SEE CONTRACT CLAUSE FAR 52.232-

18 AVAILABILITY OF FUNDS (APR 1984) IN THIS SOLICITATION.

FOB: Destination

NET AMT

BUILDING ENERGY IMPROVEMENT PROJECT

NEW WINDOW FILM AT BUILDING 2204, HISTORIC WING

ELMENDORF AFB, ALASKA

JUNE 4, 2009

SCOPE OF WORK

PART A

PROJECT OBJECTIVES AND INSTALLATION REQUIREMENTS

1.0 GENERAL

1.1 PROJECT DESCRIPTION/STATEMENT OF WORK

a) General

The goal of this project is to help reduce excessive summertime solar heat gain at the Historic Original Wing of the Corps of Engineers Headquarters Building on Elmendorf Air Force Base (AFB), Alaska, by installing heat-rejecting window film to the building’s east-, south-, and west-facing windows. This project is one of a series of small, in-house, energy-related building improvements that are part of the Corps of Engineers’ Plant Replacement Improvement Program (PRIP), whose overall goal is to achieve better energy management of Corps of Engineers facilities.

b) Current Situation

Currently, the Historic Original wing of the Corps of Engineers Headquarters Building on Elmendorf AFB is subject to excessive heat gain during the sunny days of summer. Due to funding limitations, and the historic character of the building (#2204), the options for dealing with this situation are limited. To date, the primary means of eliminating heat within the building has been for employees to open windows, and to use personal fans to circulate or exhaust hot air. But these are rudimentary countermeasures, and do not address the main problem; namely, preventing solar heat from entering the building in the first place. This project will reduce the amount of solar radiation entering the Historic Wing via its east-, south- and west-facing windows.

c) Statement of Work – Install heat-rejecting film to selected windows at the Historic Original

Wing of the Corps of Engineers Headquarters Building (Building #2204), located on Elmendorf AFB, Alaska.

1. Description of Existing Windows: The exterior walls of the historic original Corps of

Engineers Building #2204 are provided with aluminum double-hung windows. The windows have double-sashes; that is, they consist of paired, single-paned double-hung windows – one in back of the other – thus achieving the effect of insulated glazing. The interior surfaces of the existing windows’ exterior sash have been previously fitted with a clear window film of unknown manufacture at some unknown date.

2. Location of Windows Scheduled to Receive Window Film: Office windows located on the primary south façade of Building #2204, shall receive window film, as will office windows located on the adjacent east and west-facing facades.

3. Windows Not Scheduled to Receive Window Film: Doors and windows at entries and stairwells at the Historic Wing’s south, east, and west facades shall not receive window film. Windows throughout the north side of the Historic Building shall not receive window film. Also, the four, basement-level windows at the west end of the south façade, which are currently blocked off to accommodate the building’s cafeteria kitchen, shall not receive window film Finally, glazing at the building’s newer North Addition and its connecting Atrium shall not receive window film.

4. Glazing Dimensions: There are two sizes of double-hung windows on the Historic building. The windows at the upper two floors being slightly larger than the windows at the basement level. Thus, window panes at the building’s upper two floor levels are 28” wide X 25” high, whereas window panes at the basement level are 29-1/2” wide X 17” high.

5. Quantities of Windows Scheduled to Receive Window Film: At the Historic Building’s

West façade, there are 48 “larger” windows at the upper two floors, and 13 “smaller” windows at the basement level. At the South façade, there are 114 “larger” windows at the upper two floors, and 33 “smaller” windows at the basement level. At the East façade, there are 46 “larger” windows at the upper two floors, and 8 “smaller” windows at the basement level. Thus, at all three facades, there are a total of 208 “larger” windows at the upper two floors, and a total of 54 “smaller” windows at the basement level, making for a grand total of 262 windows – each window having two panes of glazing scheduled to receive window film.

1.2 PROJECT LOCATION

The U.S. Army Corps of Engineers, Alaska District, Headquarters Building #2204 is located at 2204 Third Street, Elmendorf AFB, Alaska 99506-1538. NOTE: Ample parking surrounds the building, with the main parking lot located across the street to the north of the building.

Arrangements can be made to accommodate limited contractor parking near the building during regular working hours.

1.3 INTENT

The Alaska District of the Corps of Engineers seeks to reduce summertime solar heat gain through certain windows at its headquarters facility through application of a heat-restrictive, nominally colorless film to the surface of the windows’ glazing. It is intended that the installation be complete, free of defects, compatible with the existing building, require little or no maintenance, result in little or no perceived difference in the windows’ visual appearance, and that the heat-blocking abilities of the window film be long-lasting.

1.4 CRITERIA AND REFERENCES

The design criteria in Section 01010 represents the minimum acceptable quality and quantity for the work described. Installer is encouraged to exceed these minimums.

Installer shall be responsible for obtaining any documents not attached as part of this SOW, but referenced as criteria for the project.

1.5 SCHEDULING OF WORK

The work shall be scheduled to have minimal impact on the day-to-day activities of Government employees working within the building. During weekdays, work shall be scheduled between the hours of 5:00 PM to 11:00 PM.

2.0 DESIGN CRITERIA

The following section represents minimum technical requirements for the Heat-Rejecting Window Film.

2.1 ARCHITECTURAL DESIGN CRITERIA

2.1.1 Minimum Requirements

2.2.1.1 Safety and Security

a) Safety: In performing the SOW, practice good safety procedures with regard to working around windows. If the window film will be applied to window glazing that is left “in place”, and because this will mean that workers will have to climb atop adjacent tables and counters in order to get near enough to the windows to work on them, practice sound safety procedures designed to prevent injuries from falls. If the window film will be applied to window glazing while the sash is removed from the frame, then practice sound safety procedures, designed to prevent injuries that could be sustained while removing, handling and replacing window sash.

b) Security: The Headquarters Facility of the Corps of Engineers is a secure facility. If arrangements are made for window film to be installed after normal working hours, comply with all agreed upon security procedures for keeping the building secure after hours.

2.2.2.2 Narrative Description of Primary Window Film Function

Once installed, the window film will serve to reduce the amount of heat entering the building, via solar radiation, through the building’s windows. Since the film will be applied to the interior surface of the interior pane of each window’s tandem pair of double-hung units, it will augment the heat-blocking abilities of an existing window film, previously applied at some date in the past to the interior surface of the exterior pane of each window. In addition, during winter months, the window’s heat-blocking abilities will serve to limit the amount of the building’s interior heat that might normally escape to the exterior through windows. Also, although the installed window film will have a nominally clear and colorless appearance, it will block a significant portion of the total visible sunlight encountering the window, thus reducing solar glare. Finally, the installed film will provide a health benefit for workers inside the building, in that it will block almost 100 percent of the sun’s harmful ultraviolet radiation.

Once applied, the window film should require no future inspections or maintenance, other than to be periodically cleaned by professional window cleaners.

2.2.2.3 Overall Window Film Design and Systems

a) The total window film design shall be in conformance with PART I, PAR 1.1(c) (Statement of Work) and PAR #2.2.1.1 (Safety and Security), above, and as described below.

b) Provide a window film installation which is compatible with the existing window system, is complete and functional, requires little or no maintenance, is scratch-resistant, and is capable of withstanding normal periodic window cleaning procedures.

c) These specifications are based on the Quality Standard of “Prestige Series Ultra PR S50”

Window Film, by 3M Building Safety Solutions. Products of other manufacture, providing the salient features described herein will also be acceptable.

d) Window Film Performance Characteristics:

1) Visible Light Transmitted: 45 per cent, minimum.

2) Solar Energy Rejected (SER): 55 per cent, minimum.

3) SER -- on 60 Degree Angle: 60 per cent, minimum.

4) Infrared Rejected (900–1000nm): 95 per cent, minimum.

5) Ultraviolet Light Rejected: 98 per cent, minimum.

6) Glare Reduction: 40 per cent, minimum.

e) Window Film Physical Characteristics:

1) Film Thickness: 6 mils, minimum.

2) Non-metal Technology: Non-corrosive film, compatible with

Cell-phone signals.

f) Window Film Manufacturer’s Warranty: Provide minimum 10-year Warranty to cover all costs associated with window film replacement, in the event that the film needs replacing within the Warranty period due to normal wear and tear.

3.0 EXECUTION

3.1 GENERAL

Windows scheduled to receive window film are described in paragraph “Statement of Work”, above. Apply window film to the interior surface of the interior panes of each window opening’s tandem pair of double-hung window units. Handle and store window film, prepare glazing to receive window film, and apply window film, in accordance with these specifications, the approved submittals, and the manufacturer’s recommendations. Repair all breakage.

3.2 INSTALLATION

3.2.1 Preparation of Surfaces

3.2.1.1 Disposition/Orientation of Window Sash

a) At contractor’s option, window sash with glazing scheduled to receive window film may be removed from its frame, so that window film can be applied to glazing that is laid horizontal

b) Alternatively, window sash may be left in-place, so that window film will be applied to vertical glazing surfaces.

3.2.1.2 Preparation of Surfaces to Receive Window Film

a) Remove all grit and grime from glazing. If necessary, use razor blade tools to “chisel” stubbornly adhered grit and grime from surface of glazing.

b) Wash surface of glazing to receive window film with soap and water, and thereafter properly dry glazing surface, as recommended by the window film manufacturer.

3.2.2 Application of Window Film

3.2.1.1 Installation of Film

Install window film in accordance with the manufacturer’s instructions, the approved submittals, and as described herein.

3.2.1.2 Coverage of Individual Panes

The window film shall cover the entire surface of the glazing scheduled to receive window film.

The film shall not lap onto the 3/16 inch bead of grey vinyl (or possibly rubber) molding at the perimeter of each pane, but shall terminate on the glazing, at the point where glazing meets vinyl/rubber molding.

3.2.1.3 Sash Replacement

If sash is removed for window film installation, replace the sash after film has been installed, and ensure that the reassembled window operates as before.

3.2.1.4 Clean Up

Perform the following at the end of each work session: Clean work areas of all residue. Wipe affected portions of windows free of dust, dirt and smudges resulting from window film installation. Remove all residue from the site and dispose of off-site, or as approved.

3.3 WARRANTY

Provide manufacturer’s written warranty, covering all aspects of window film installation against all types of material and/or installation failure deriving from normal wear and tear for a period of at least ten years.

W911KB-09-T-0020

PART B

REVIEW CONFERENCE, AND SUBMITTAL REQUIREMENTS

1.0 GENERAL

This section lists items that must be submitted for review at various times during the course of the job. At a minimum, product submittals, schedule submittals and work procedures shall be reviewed and discussed prior to commencement of work at the jobsite.

All product and schedule submittals must comply with the criteria documented in Section 01010.

In the event of any conflict between Section 01010 and the Contractor’s submittals, Section 01010 criteria will govern unless there is a written and signed agreement between the Contractor and the Contracting Officer waiving a specific requirement.

1.1 Submittal Reviews and Review Conference

Product and schedule submittal reviews, and pre-work conferences shall precede on-site work.

Schedule changes must be requested in writing and approved by the government.

After receipt of the product submittal package as described in Part II, a review conference shall be scheduled at or near Elmendorf AFB, Alaska, within two weeks. The review will be to discuss the job in general, and to clarify matters needing resolution before on-site work can begin. The Contractor shall bring key on-site supervisory personnel to the conference.

At the conference, it is intended that all questions pertaining to the work, and which the Project Description/Statement of Work is not entirely clear upon, may be discussed and resolved, to help clear the way for work to commence on-site.

1.3 Coordination

The Contractor shall be responsible for coordinating the work at the jobsite.

2.0 PRE-WORK SUBMITTALS

2.1 Materials Submittals

Submit to the Government for review complete manufacturer’s literature, describing all products intended to be used in the work and applied to the windows.

2.2 Review Conference Notes

Submit to the Government for review a complete typewritten Record of the Review Conference proceedings, listing all topics discussed, resolved and unresolved topics, responsibilities assumed, and topics tabled for later discussion. Among other items, the Conference Record should include the following:

2.2.1 Work Schedule

State agreed days and hours of work, plus work to be accomplished.

2.2.2 On-Site Storage

State if and where any overnight storage of tools and equipment is allowed.

2.2.3 Trash Removal

State agreements for removal/disposal of trash and residue related to the work under this contract.

3.0 END-WORK SUBMITTALS

3.1 Final Inspection Punchlist

Submit for review the Final Inspection Punchlist, showing that all minor work items remaining to be corrected have been completed and approved by the Government.

3.1 Maintenance Considerations

Submit for review and for forwarding to Government maintenance staff any periodic maintenance and/or repair procedures pertaining to installed products about which the maintenance staff should be aware.

3.2 Warranty

Submit required labor and materials warranty covering installed product.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration APR 2008 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Offers will be technically evaluated in accordance with the requirements set forth in the Performance Work Statement. Award will be made to the lowest-priced technically acceptable offeror.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

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

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

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

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

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 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 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 its stock is owned by one or more women; or

(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 (m) 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 ( ) 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 ( ) is, ( ) 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 ( ) is, ( ) 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 ( ) is, ( ) 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 ( ) is, ( ) 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 ( ) 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 ( ) is, ( ) 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):

Average Annual

Number of Employees Gross 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 ( ) is, ( ) 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 ( ) 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 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 ( ) is, ( ) 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 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 ( ) is, ( ) is not s 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.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

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

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

(i) It ( ) 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

(ii) It ( ) 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, 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:

Line Item No.:--------------------------------------------------------- Country of Origin:-----------------------------------------------------

(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:

Line Item No.

[List as necessary]

(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:

Line Item No. Country of Origin

(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 (Jan 2004). 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 (Jan 2004). 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:

Line Item No. Country of Origin

[List as necessary]

(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:

Line Item No. Country of Origin

(List as necessary)

(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). 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,

(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, ( ) 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) ( ) 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 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. 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. 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 Product

Listed End Product · Listed Countries 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 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 is 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) ( ) 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) ( ) 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 ( ) does ( ) 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 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). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used…