solicitation.doc

Section SF 1449 - CONTINUATION SHEET

CONTACT INFORMATION

Contact Amy L. Collins by email, Amy.L.Collins@usace.army.mil

Quotation envelope should read as follows:

W912HN-10-T-0037 (Amy Collins)

Residential Property Appraisal Reports New Jersey Counties of Monmouth, Ocean, Middlesex, and Mercer for Homeowners Assistance Program Fort Monmouth, New Jersey Electronic and fax quotes are acceptable

Basis for award:

Quotation shall meet the minimum requirements listed in the Request for Quotation to be eligible for an award. Awards will be made to the vendors whose quotes represent the lowest evaluated quotes to the Government and whose prices are otherwise determined to be fair and reasonable

The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirements. 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).

Submission of Quotes: See Statement of Work, Paragraph 7. It is the Government’s intent to issue up to five awards as a result of this Request for Quotation (RFQ). (See FAR 52.212-1(h))

The quantities shown for the base period and for each option year are strictly estimates based on current information available and may change or be modified based on the actual number of properties to be acquired. The quantities for each line item may be adjusted during the base period and each option period to reflect the most realistic number of properties the Government expects to purchase. The quantities shown are for estimating purposes only.

The Contractor shall provide the following services in accordance with the attached Statement of Work.

0001AA

Prior and After Appraisal Set

0001AB

Prior or After Single Appraisal

0001AC

Single Appraisal Re-Evaluation After Government Purchase

0001AD

Contractor Manpower Reporting System - See 52-204-4006, Accounting for Contract Services. The requirements can be separately priced or not separately priced. If separately priced use this line item to show the cost. If not separately priced, use NSP on this line item. You may choose to cover the cost of reporting in your overhead or general and administrative expenses.

TOTAL: Base Year: $____________________

OPTION

0002AA

0002AB

0002AC

0002AD

TOTAL Option Year One: $____________________

OPTION

0003AA

0003AB

0003AC

0003AD

TOTAL: Option Year Two: $____________________

TOTAL: Base and Options: $____________________

SCOPE OF WORK

STATEMENT OF WORK

RESIDENTIAL PROPERTY APPRAISAL REPORTS

NEW JERSEY COUNTIES OF MONMOUTH, OCEAN, MIDDLESEX, AND MERCER

For HOMEOWNERS ASSISTANCE PROGRAM

FORT MONMOUTH, NEW JERSEY

1.

PURPOSE. The purpose of the appraisal reports is to estimate market value for residential properties owned by former personnel (hereinafter referred to as ‘Applicants’) stationed at Fort Monmouth, New Jersey. On May 13, 2005, the Department of Defense announced a Base Realignment and Closure (BRAC) action for Fort Monmouth, which will close September 2011. The estimates of market value from the appraisal reports will be used to determine individual Applicant financial losses or resale hardships attributable to the closure of Fort Monmouth. Applicants affected will be eligible for benefits under the Homeowners Assistance Program administered by the US Army Corps of Engineers, Savannah District (USACE). This Statement of Work (SOW) applies to all appraisal reports that will be required.

2.

BASE REALIGNMENT & CLOSING COMMISSION (BRAC) ACTION DATES.

The announcement date of the BRAC action for Fort Monmouth is May 13, 2005. The appropriate appraisal dates will be specified in the Government Appraisal Order.

3.

DESCRIPTION OF THE HOMEOWNERS ASSISTANCE PROGRAM (HAP).

HAP is authorized by an Act of Congress which provides that federal personnel homeowners may be entitled to reimbursement for certain real property losses they incur with the sale of their home when their job is transferred or terminated and they have to relocate due to the closure or realignment of an installation. When a homeowner is unable to sell his/her home, the home will be acquired by the Government. Appraisal reports of one‑to-two‑family residences are required to determine any benefits to be paid to an Applicant.

4.

GEOGRAPHIC PROGRAM AREA OF THE HAP. The Geographic Program Area for the purpose of this Scope of Work will be properties located within the geographic boundaries of the New Jersey counties of:

· Monmouth

· Ocean

· Middlesex

· Mercer.

Based upon a sampling of personnel addresses, approximately 60% of the properties should be located within Monmouth County, 20% within Ocean County, and 5% within Middlesex County. The other 15% are spread out in other areas.

5. CCR REGISTRATION and INFORMATION. Bidding Appraisers or firms should have an existing registration or complete a new registration in the federal Central Contractor Registration (CCR) website at http://www.ccr.gov/ in order to submit a bid. The successful bidder must be registered in CCR and have a DUNS Number in order to be awarded a contract.

a. Registering. Follow directions at http://www.ccr.gov/. Items to have on hand before registering are:

· Data Universal Numbering System (DUNS) Number provided by Dunn and Bradstreet (D&B); the hyperlink is on the CCR site,

· Tax Identification Number (TIN) and Taxpayer Name used in Federal tax matters,

· Statistical Information about your business,

· Electronic Funds Transfer (EFT) Information for payment of invoices.

b. Post Award Conference. Upon contract award, the Appraiser will be contacted by the Government Appraiser to discuss details of the assignment.

6.

DEFINITION OF MARKET VALUE (MV). The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

· buyer and seller are typically motivated;

· both parties are well‑informed or well‑advised, and each acting in what he or she considers his or her own best interest;

· a reasonable time is allowed for exposure in the open market;

· payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and

· the price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

7.

SCOPE/DESCRIPTION OF WORK. All appraisal reports shall conform to:

· Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation;

· Appraisal Standards and regulations in effect by the State appraisal regulatory agency within the State the property to be appraised is located;

· Supplemental Standards particular to this Statement of Work.

a. Dates. Appraisal assignments generally will contain a request for an appraisal report based on two effective valuation dates. A “PRIOR” report is a retrospective appraisal effective as of the Closure Announcement date of May 13, 2005, unless specified otherwise. Appraisals specified for subsequent dates are termed “AFTER” with that date either the date of inspection or the date the Applicant sold the subject property. A PRIOR and AFTER appraisal order is termed an “Appraisal Set.” An order for either a PRIOR or AFTER only is termed a “Single Appraisal.”

b. Ordering Procedures. The Government will assign work to the Contractor with the issuance of Appraisal Orders (AO). AOs are issued by written orders delivered either by e-mail, fax or mail, with e-mail being preferred due to time and cost effectiveness. Each AO will reference specific requirements and dates for the appraisal action.

c. Forms. Appraisal reports shall be completed using the Uniform Residential Appraisal

Report (URAR), FNMA Form 1004, June 1993 edition. The 1993 form is preferred since the newer 2005 edition is more oriented toward mortgage lending activities. There is no requirement for Form 1004MC. All reports will be delivered by e-mail with electronic signatures. Use of e-mail to the maximum extent is encouraged for timeliness and cost savings.

d. Condition and Property Attributes. The basis for the subject property condition and characteristics for all appraisal dates will be the effective "AS IS" condition as of the AFTER Date of Sale or Date of Inspection (as specified in the Appraisal Order). It is the intent of this appraisal process to measure any movements in value levels related to changes in time and market conditions, not property condition or attributes. Therefore the URAR page #1 will reflect the same physical attributes of the Subject property for all appraisal dates. For USPAP purposes this appraisal requirement may be considered a Hypothetical Condition for the PRIOR date and should be so stated in the report.

· Example 1: the Applicant adds a garage to the property after the May 13, 2005 PRIOR date. For the purpose of this program, a MV estimate of the subject property including the garage is required for both the PRIOR and AFTER dates.

· Example 2: upon inspection, the property has several broken windows, ceiling damage from roof leaks, and other deferred maintenance. For the purpose of this program, a MV estimate of the subject property including these conditions is required for both the PRIOR and AFTER dates.

e. Report Content. Each appraisal report shall, as a minimum, consist of:

(1) the URAR page #1 filled out in its entirety.

Significant damages or deferred maintenance should be listed and an estimate of the cost to repair included;

(2) URAR page #2 shall be completed for the analysis of the AFTER date. Substantial differences between the After MV estimate and the Applicant’s selling price, if said sale occurred around the time frame of the AFTER date, should be fully explained;

(3) the PRIOR date valuation, comparables analysis and adjustment explanations will be included on the URAR Additional Comparables page, with the PRIOR valuation date and value estimate shown in bold print in the comments section. Substantial differences between the Prior MV estimate and the Applicant’s purchase price, if said purchase occurred around the time frame of the PRIOR date, should be fully explained;

(4) addendum page should be used to explain any comparable adjustments that are not explained on the URAR page 2, to report any extraordinary market influences, and to expand on any item on URAR page 1;

(5) clear and concise floor plan sketch of the Subject Property with dimensions and calculations shown except when access to the Subject property is denied for which a statement must be reported as to why access was denied. NOTE – All measurements must be reported in Standard, not Metric, format;

(6) original color digital photographs of the Subject Property showing as minimum the front view, the rear view, the typical neighborhood street view, and any additional photographs of any interior/exterior special, unusual, super adequate or damaged features that affect value;

(7) general area map showing the specific location of the Subject;

(8) the mandatory supporting pages to accompany each PRIOR and AFTER valuation date are identified as follows:

(a) front view photographs of all comparables;

(b) neighborhood map showing the location of Subject and all comparables, which may be combined with the general area map specified previously;

(c) a minimum of three (3) Comparable Sales must be used for each appraisal date, and shall be confirmed and verified from at least two (2) data sources;

(d) comparables shall be no older than six months in time unless documented as to lack of availability. The same comparable is not to be used in more than one appraisal date unless it is a sale and resale (two different transactions). Due to the retroactive effective appraisal dates, comparable sales which closed or were under contract within a reasonably short time period following the earliest retroactive appraisal date may be utilized, as long as they reflect the same market conditions as of that effective date;

(e) if sufficient comparable sales within 6 months are unavailable, the Appraiser should add the best current comparable ‘For Sale Listings’, located within the defined neighborhood if possible, as a fourth and/or fifth comparable in order to adequately address the market conditions as of the effective appraisal date. These should be prominently noted as LISTINGS;

(f) Adjustments for Comparables to the Subject Property must adhere to acceptable appraisal techniques, such as paired comparable analysis, and should be uniform for all dates within the appraisal set. To aid in the appraisal review process, the adjustment technique should be identified and non‑self evident adjustments should be explained on the applicable URAR Page #2, Additional Comparables Addendum, or the addendum page.

(9) The Appraiser must include in the Addenda a discussion of any significant changes in appraised values for the Subject over the effective date range. Any influx of new construction, over/under supply of competitive properties, changes in the local economy due to plant closings or new business, local market impact of mortgage crisis, etc. should be examined and addressed.

8.

DELIVERY TURNAROUND TIME. A Twelve (12) Calendar Day delivery turnaround time from the date the order is received by the Contractor is required on all appraisals. Delays must be submitted to the Government Appraiser by telephone or e-mail. All reports will be delivered by e-mail with electronic signatures. Use of e-mail to the maximum extent is encouraged for timeliness and cost savings.

9.

APPROVED APPRAISERS. The signature appearing on the left side of the appraisal report must be that of the Appraiser inspecting the subject property and comparable sales and completing the appraisal analysis. There shall be no cosigning of reports although internal review within the Appraiser’s office is encouraged. The Appraiser signing and responsible for the report MUST BE State Certified Residential or General.

10.

SPECIFIC TECHNICAL QUALIFICATIONS. The Appraiser must possess the following:

a. New Jersey State Certification, either General or Certified Residential in accordance with the New Jersey Appraiser Licensing and Certification Act and be in good standing with that Board;

b. Single family residential appraisal experience that demonstrates the knowledge and ability to apply the principles, practices, methods and techniques of real estate appraising;

c. Geographic Competency. Five (5) years of immediately prior residential appraisal experience in the Geographic Program Area that demonstrates a detailed knowledge and familiarity with the Geographic Program Area;

d. Fifty percent (50%) of the Appraiser’s completed residential appraisals since January 1, 2005 must have been on Subject properties physically located within the Geographic Program Area.

e. Contractor must be able to provide an explicit and feasible management plan for: the timely performance of appraisal reports compliant with all appraisal standards contained within this statement of work; quality control and review of completed reports; timely return of completed reports; and, the capacity to perform the Government's estimated need for services in the quantities and time responses specified.

11. PERFORMANCE MEASURES. Contractor must consistently submit appraisal reports that: adhere to sound appraisal practices; conform with all the requirements of this Statement of Work; and meet the time requirements as stated in this Statement of Work.

12.

TECHNICAL REVIEW. All appraisal reports will be subject to a technical review by a Government Appraiser. Upon request of the Government, the Contractor shall modify or supplement any and all reports prepared if:

a. the Contractor receives relevant additional appraisal data that existed prior to delivery of the reports;

b. applicable principles of sound appraisal practice require the modification or supplementation of such appraisal reports; and/or

c. changes are required due to oversight or negligence of the Contractor.

13.

OTHER PROVISIONS. By submitting the quotation package, the Contractor is self-certifying or affirming his/her Qualifications and Experience regarding items 10.c. and 10.d. Prior to award, the Contractor may be required to submit documentation to verify Qualifications and/or Experience.

a. Work Assignment. Appraisal assignments will be rotated among the various contract Appraisers at the discretion of the Government’s Appraiser. Specific assignments may vary due to individual Appraiser’s workload, timely work flow, availability, second opinion valuations, Applicant appeals, emergency, specific ability, etc.

b. Base Period and Option Years. The Government will evaluate quotes for award purposes by adding the total price for the Base Period (the contract award date plus 12 months) and two subsequent option years. Evaluation of the options will not obligate the Government to exercise the options. (See FAR 52.217-5).

14. INVOICING. Contractor will submit a monthly Invoice Summary Report (Invoice) within the first five (5) days of each month for all completed and approved activity of the previous month. The Invoice shall be dated and on company letterhead and shall serve as an itemized listing of all services to be paid by the Government. The Invoice shall be dated and include the following:

· contract number

· property identification including HAP#

· Contract Line Item Number (CLIN) for each report delivered and approved

· unit price

· total price.

15.

CONFLICT OF INTEREST. The Contractor, including any of its employees or subcontractors, shall not conduct any appraisal on any property where a conflict of interest exists, the potential for a conflict of interest exists, or the appearance of a conflict of interest exists. Should the Contractor be assigned any appraisal, which results in an actual, potential, or appearance of a conflict of interest, the Contractor shall take no action on the appraisal, but shall immediately contact the Government Appraiser.

16.

POINT OF CONTACT. Appraisal Issues: The Point of Contact (POC) is the Government Appraiser:

Name:

Vernon Lawless

Telephone:

(912) 652-5453

FAX:

(912) 652-6010.

Express Mail:

U.S. Army Corps of Engineers

ATTN: RE-TA (Lawless)

100 W. Oglethorpe St.

Savannah, GA 31401

E-mail:

michael.v.lawless@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.0200-4115 WAGE RATES (CESAS-CT FEB 95)

U.S. Department of Labor Wage Decision No. 05-2351 Rev 7dated 07/29/2009, 05-2349 Rev 8 dated 07/29/2009 and 05-2355 Rev 8 dated 07/29/2009 shall be applicable to any contract resulting from this solicitation. These rates and benefits are the minimums to be paid employees hereunder.

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(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.

Data Universal Numbering System (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; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a 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.

(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 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 record 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.

(End of clause)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ----531320

(2) The small business size standard is ----R411.

(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 certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) 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 $100,000.

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

(vi) 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.

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

(viii) 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.

(ix) 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.

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

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

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.

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

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

(xix) 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.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

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

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

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

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

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 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 at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the 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, identifyingchange 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)

52.204-4006 Accounting for Contract Services

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

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:

(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 (AUG 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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 (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 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)…