SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

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1 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND REQUISITION NUMBER HQ PAGE 1 OF CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE HQ T May FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: 12:00 AM 18 May ISSUED BY CODE HQ THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS X UNRESTRICTED DESTINATION UNLESS DSCA GEORGE C. MARSHALL CENTER BLOCK IS MARKED CONTRACTING BRANCH SET ASIDE: % FOR GERNACKER STRASSE 2 GEB 112 SEE SCHEDULE SB GARMISCH-PARTENKIRCHEN,GERMANY HUBZONE SB 13a. THIS CONTRACT IS A RATED ORDER 8(A) UNDER DPAS (15 CFR 700) 13b. RATING SVC-DISABLED VET-OWNED SB TEL: EMERGING SB 14. METHOD OF SOLICITATION FAX: SIZE STD: NAICS: X RFQ IFB RFP 15. DELIVER TO CODE W91V3V 16. ADMINISTERED BY CODE GEORGE C. MARSHALL CENTER STEPHEN DOUMA IM SYSTEMS SUPPORT BRANCH ATTN: GCMC-DBO-IM-S APO,UNITED STATES TEL: FAX: a.CONTRACTOR/ OFFEROR CODE 18a. PAYMENT WILL BE MADE BY CODE FACILITY TEL. CODE 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT SEE SCHEDULE 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only ) 0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR FAR ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR FAR IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 COPIES 29. AWARD OF CONTRACT: REFERENCE TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER DATED. YOUR OFFER ON SOLICITATION X SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED 30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) (TYPE OR PRINT) TEL: AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV 3/2005) Prescribed by GSA FAR (48 CFR)

2 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 49 (CONTINUED) 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT SEE SCHEDULE 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 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 32g. OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER PARTIAL FINAL 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 36. PAYMENT COMPLETE PARTIAL FINAL 37. CHECK NUMBER 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 AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV 3/2005) BACK Prescribed by GSA FAR (48 CFR)

3 Section SF CONTINUATION SHEET INSTRUCTIONS TO QUOTERS a. This requirement is being solicited using FAR 13.5, Test Program for Certain Commercial Items. The purpose of this test program is to vest contracting officers with additional procedural discretion and flexibility, so that commercial item acquisitions greater than the simplified acquisition threshold but not exceeding $6.5 million may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both Government and industry. As such, the Contracting Officer will perform an initial price reasonableness screening of all quotes. If a quoted price is so high that the Contracting Officer determines the firm has no reasonable chance of award; the Government reserves the right to conduct no further evaluation of the technical portion of the quote. b. Small business size and identification does not apply to this Request for Quotes. NAICS SUBMISSION FORMAT quotes are acceptable to the attention of Mr. Benjamin Hardy at benjamin.n.hardy@eur.army.mil. Please courtesy copy Mr. Peter Sizemore at peter.sizemore@eur.army.mil 1.2. Facsimile quotes are acceptable to the attention of Mr. Benjamin Hardy at +49 (0) INSTRUCTIONS FOR SUBMITTALS The quoter shall submit their quote in two separate parts, individually titled as set forth below. All attachments to the quote shall clearly indentify the quoter. Part I Past Performance Part II Price 2.2. The two parts of the above written submissions shall be independent of each other. Quoters are cautioned that no reference to the quoted prices/cost shall be made in the Technical portion Paper size shall be 8-1/2 X 11 inches, or DIN A4 typed using standard size fonts (10 to 12 point). 3 SUBMITTAL CONTENTS 3.1. Part I Factor 1 - Past Performance: The submission shall be presented in narrative form, in the English language, in a clear and logical manner. It must be confined to essential matters sufficient to permit a thorough analysis. The submission shall address the Past Performance factor noted below Submission Requirements: The quoter shall provide at least three examples of past performance information (e.g. contract performance evaluations) indicating the quality of ISP support services during the past three years in similar working environments and with contracts involving services considered to be similar in scope, magnitude and complexity when compared to the requirements described in this solicitation. Past performance information shall represent contracts with a continuous period of performance of at least 1 year in providing uninterrupted ISP support services. The quoter shall provide at least one reference knowledgeable of the services provided for any project identified that has a performance period within the past three years of the date of issuance of the solicitation. The quoter shall complete the name of the proposed client and immediately forward the below Past Performance Questionnaire (Attachment A) for completion by references for projects cited. Quoters shall request their references to return Attachment A to the George C. Marshall Center Procurement Office as soon as possible so that the Government receives as many references as possible on or before the due date for the receipt of quotes. For each reference, the quoter shall use Attachment A and provide:

4 1. Organization/company/contracting partner s name. 2. Point of contact s (POC) name, title and contact information: Current phone numbers; and Valid addresses 3. Description that precisely explains: General scope of the contract; Specific requirements of the contract (For example, providing dedicated Internet connection for the client s network/managed LAN; providing continuous uninterrupted (with not more than 2% down time) internet access 24 hours a day, 7 days a week with no downtime; providing circuit bandwidth 34Mbps or higher; responsiveness providing multiple contiguous subnet address blocks and static IP addresses for DMZ servers and devices; providing equipment and services including but not limited to routers, registering and publishing the client s domain publicly, providing public DNS services for the client, publishing DNS addresses for the client services that have public DNS addresses, such as and web services; providing and servicing ISP installations that conform to applicable codes and meet the client s security standards and specifications; providing/executing transition plan install a separate, new circuit and test it during transition period; providing on-site and/or remote installation, maintenance, repairs, upgrades and improvements. Providing customer support services including but limited to monitoring the circuit to ensure that it remains operational; circuit testing to ensure operability; maintaining and repairing all vendor provided equipment; providing advance notice to the client, as well as estimated uptime/downtime, when hardware, software or circuits need repairing, upgrading or replacing; Software/hardware upgrades needed to continue/enhance functionality; providing a technical support hotline (phone number) 24 hours a day 7 days a week; providing Helpdesk telephone and support. Providing expert technicians for specific hardware/software systems to rectify any problems with the ISP; and Performance period PAST PERFORMANCE QUESTIONNAIRE ATTACHMENT A 3.2. Part II Factor 2 - Price: Quoters shall return a signed Standard Form (SF) 1449 (solicitation) with all prices completed Representations and Certifications: In addition to the price schedule contained in this solicitation, quoters shall return one completed Representations and Certifications (FAR ALT I and DFARS ). Quoters are required to ensure current registration on the CCR Website, and are encouraged to complete/update Annual Representations and Certifications on the ORCA website, Quoters shall please provide a Duns and Bradstreet Number (DUNS) and a NATO Cage Code (NCAGE) Number on your quote. If you do not have DUNS and NCAGE, first register for DUNS at Next, register for NCAGE at For Block 5. PRIORITY / PRIORITÉ, please mark "Emergency". Be advised that the DUNS and NCAGE is a requirement for award Tax Relief: Quoters shall complete DFARS Clause Tax Relief (JUNE 1997) - Alternate I (JUNE 1997) of this Request for Quote to indicate which taxes, if any, have been excluded from the contract price due to any existing tax agreements between the United States Government's and the quoter's Government. 4. EVALUATION METHODOLOGY

5 The Government intends to extend one offer resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and past performance considered. Factor 1, Past Performance is approximately equal to Factor 2, Price. Factor 1 Past Performance The Government will evaluate the recency, relevancy, and quality of the contractor s past performance. The assessment of the contractor s past performance will be used to evaluate how well the quoter performed similar services in the past. In determining recency, work on relevant contracts and/or tasks performed within 3 years of the date of issuance of the solicitation will be determined recent. Relevant contracts are contracts operating in similar working environments and contracts involving services considered to be similar in scope, magnitude and complexity when compared to the requirements described in this solicitation. Relevant contracts would include but not be limited to those providing dedicated Internet connections for networks of similar size and complexity to that described in this PWS, providing connections that provide Internet access 24 hours a day, 7 days a week with no more than a 2% downtime, providing circuit bandwidths equal to or higher than bandwidths required in this solicitation, providing multiple contiguous subnet address blocks and static IP addresses and devices similar to those required by this solicitation; providing equipment and services similar to those required in this PWS including but not limited to on-site and/or remote installation, maintenance, repairs, upgrades and improvements; customer support services including but limited to those listed in this PWS; providing expert technicians to rectify hardware/software systems problems with the ISP; providing and separate, new circuit and test during transition period with minimum outage time for cut-over from old to new ISP circuit. Quality is an assessment of how well, in contracts of similar size, scope and complexity did the contractor - Conform to the contract requirements and standards of good workmanship? Adhere to contract schedules? Provide reasonable and cooperative behavior and commitment to customer satisfaction? Demonstrate business-like concern for the interest of the customer? This evaluation is separate and distinct from the Contracting Officer s responsibility determination. The assessment of the contractor s past performance will be used to evaluate how well the quoter has performed similar services in the past. Quotes lacking relevant past performance history will not be evaluated favorably or unfavorably for past performance. To assess performance risk the Government may use both past performance data provided by the quoters (e.g., official performance reviews/appraisals, letters of recommendation) and data obtained independently. Factor 2 Price All prices will be evaluated for reasonableness The Government will evaluate quotes for award purposes by adding the total price for all line items, including options, under the contract. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Examples include, but are not limited to (i) comparison of proposed prices received in response to the solicitation; (ii) comparison of the quoted prices to historical prices paid, whether by the Government or other than the Government, for the same or similar services; (iv) comparison with competitive published price, (v) comparison of quoted prices with independent Government cost estimates.; and (vi) comparison of quoted prices with prices obtained through market research for the same or similar items. PERFORMANCE WORK STATEMENT Performance of Work Statement (PWS) Internet Service Provider

6 1. Description and Purpose. The George C. Marshall European Center for Security Studies (GCMC) is soliciting proposals for a dedicated Internet connection and associated services. GCMC provides Internet services for its staff and students through a commercial provider, vice using the US Department of Defense Global Information Grid. The successful Vendor will be expected to interface with the existing network infrastructure and replace the current vendor hardware and configuration with no more than 2 hour downtime during the cut-over period. 2. Scope of Work. 2.1 General: The Vendor shall provide a dedicated Internet connection for the GCMC network. The connection shall provide Internet access 24 hours a day, 7 days a week with no more than a 2% downtime. The circuit bandwidth shall be 34Mbps or higher. The vendor shall provide four (4) contiguous Class C subnet address blocks and an additional eight (8) static IP addresses for DMZ servers and devices. 2.2 Specific Tasks: The vendor must provide the following equipment and services: One (1) router must be provided, as well as any necessary accessories to interface with the GCMC network. Four (4) contiguous Class C subnets (total of 1024 addresses) and an additional eight (8) statically mapped addresses for DMZ servers and devices. Minimum of 34 Mbps circuit bandwidth with a creditable Inbound/Outbound bit service. Offerings may provide for a larger bandwidth than 34Mbps. Register and publish the marshallcenter.org domain publicly. Provide public DNS services for the Marshall Center network. Publish DNS addresses for Marshall Center services that have public DNS addresses, such as and web services. Installation must conform to any applicable codes and meet the security standards and specifications as directed by the Marshall Center Information Assurance Manager. Guarantee the work and equipment to be rendered as set forth in the PWS. If necessary, vendor must submit a written transition plan detailing the ability to install a separate, new circuit and test it over a two week transition period while the Marshall Center operates on the current ISP circuit. Maximum outage time for the cut-over from the existing circuit to the new ISP circuit is two hours. Vendor must present the Network Manager with phone numbers and contacts of Network Operations Center (NOC) personnel The contractor will provide all labor, test equipment, tools and supervision necessary to provide on-site and/or remote installation, maintenance, repairs, upgrades and improvements. All work, both on-site and remotely, will be coordinated in advance of the planned event Support: The vendor must provide the following customer support services: Monitor the circuit to ensure that it remains operational. Circuit testing to ensure operability. Maintenance and repair of all vendor provided equipment. Advance notice to SSB COR and Network Manager, as well as estimated uptime/downtime, when hardware, software or circuits need repairing, upgrading or replacing. Software/hardware upgrades needed to continue/enhance functionality. Technical Support hotline (phone number) must be 24 hours a day 7 days a week. Helpdesk telephone and support will allow for an unlimited number of or telephone incidents A Government representative shall be present while the contractor is inspecting or repairing any GCMC system/equipment. This includes any work conducted after duty hours, weekends, or holidays.

7 The contractor is responsible, at no additional expense, to provide expert technicians for specific hardware/software systems to rectify any problems with the ISP If any of the vendor s hardware fails, it is the vendor s responsibility to replace faulty hardware in according with Appendix A- Detailed Requirements See Appendix A for performance standards and acceptable quality levels (AQLs). 3. Administrative Matters Travel costs: The contractor is responsible for providing transportation, lodging and meals for technicians and staff during installation, onsite visits, maintenance periods, emergency repairs, and the actual performance period for on-site technical support Appearance: Contractor shall present a neat, well-groomed appearance at all times while performing onsite visits in support of this contract Language: All business and correspondence conducted by/at/with GCMC must be in English. On-site technicians must be conversant in English, both in speaking and writing Hours of Operation. The Marshall Center s normal business hours are 0800 to 1700 Monday through Friday and closed on U.S. Federal Holidays. However, when classes are in session, staff and students require Internet access 24 hours a day, 7 days a week. The vendor shall provide 24x7 Internet access Security Requirements. The contractor shall meet the security requirements as set forth in Army Regulation (AR) A security clearance is not required for the contractor s performance of work. 4. Government Furnished Property and Services General. The government will provide access to facilities, materials, and automation equipment and/or services listed herein for the conduct of this PWS Access to information. The contractor shall be given access to SSB technical drawings and schematics on a need to know basis. 5. Information for Vendors: Present dedicated Internet connection bandwidth is 34 Mbps Commercial dedicated Internet connection shall be provided in Building 101, Room 106, Sheridan Kaserne, US Army Garrison Garmisch, Garmisch-Partenkirchen, Germany. Commercial address is Gernackerstr. 2, Garmisch-Partenkirchen, D Definitions 7.1. Internet Service Provider (ISP): A company that provides Internet connections and services to individuals and organizations Abbreviations. GCMC (George C. Marshall Center) POC (Point of Contact) PWS (Statement of Work) DMZ (Demilitarized Zone) ISP (Internet Service Provider)

8 SSB (Systems Support Branch) NOC (Network Operations Center) AR (Army Regulation) GFE (Government Furnished Equipment) 8. Period of Performance. The period of performance consists of a transition period (if required), a base period, and four option periods: Transition Period (if required) shall be two weeks within the dates of 01 June 2011 through 31 May 2012 (no longer than 2 week period). If there is an additional cost for the transition / installation period, it should be included in the vendor s proposal. Base Period shall be from 01 June 2011, or date of award, whichever is later, through 31 May 2012 Option Period 1 shall be 01 June 2012 through 31 May 2013 Option Period 2 shall be 01 June 2013 through 31 May 2014 Option Period 3 shall be 01 June 2014 through 31 May 2015 Option Period 4 shall be 01 June 2015 through 31 May Copyright Considerations. Any products or services produced as a result of this contract are produced specially for the George C. Marshall European Center for Security Studies and are produced using Government equipment and materials. All rights to these products and services belong to the George C. Marshall Center. The contractor waives the rights to, and claims for, compensation against these materials, other than the normal compensation in the performance of this contract. 10. Physical Security. The contractor shall be responsible for safeguarding all government property in the work area. Facilities and equipment shall be secured at the close of each work period. The contractor shall adhere to all physical security/key control regulations and procedures while providing onsite support under this contract. Contractor shall be financially responsible for all George C. Marshall Center equipment or furniture damaged due to neglect by the contractor. Contractor shall maintain sufficient insurance to pay for such damage. 12. Anticipated Future Changes. The contractor must have the ability to provide an increase in bandwidth if required by the GCMC. Any upgrades will be negotiated through future modifications to the contract. 11. Points of Contact (POC): The technical POC for this contract is: Michael J. Milewski (Network Manager) Bldg 101, Room 104 DSN: Commercial: +49-(0) michael.j.milewski@marshallcenter.org The Contract Representative (COR) for the contract is: Stephen M. Douma (Chief, SSB) Bldg 101, Room 107 DSN:

9 Commercial: +49-(0) Anticipated Future Changes. The contractor must have the ability to handle an increase in bandwidth if required by the GCMC. Any upgrades will be negotiated through future modifications to the contract.

10 Appendix A - Detailed Requirements (See Para 2 in this Performance of Work Statement). The Contractor shall establish and maintain a dedicated Internet connection located in Building 101, Sheridan Kaserne, George C. Marshall European Center, Garmisch-Partenkirchen, Germany. Required Acceptable Quality Level Desired Outcomes Performance Standard Monitoring Method Services (AQL) Minimum 34 Mbps Provided by ISP The ISP circuit meets the desired outcome 98% uptime Provided by ISP ISP hardware & circuit meeting the desired outcome Maintenance performed Provided by ISP Vendor must respond within 1 in time to meet the desire hour, Internet connection must 98% uptime be restored within 2 hours of vendor notification. Not less than 5% of the desire minimum performance. Desire minimum 98% uptime Desire minimum 98% uptime Bandwidth test results that can be verified by the Network Manager (if applicable) Tracking log for uptime and downtime Tracking log for uptime and downtime

11 Page 11 of 49 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Months Commercial Internet Service Provider FFP FOB: Destination PURCHASE REQUEST NUMBER: HQ NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Months OPTION Commercial Internet Service Provider FFP Option Year 1 FOB: Destination NET AMT

12 Page 12 of 49 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Months OPTION Commercial Internet Service Provider FFP Option Year 2 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Months OPTION Commercial Internet Service Provider FFP Option Year 3 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Months OPTION Commercial Internet Service Provider FFP Option Year 4 FOB: Destination NET AMT

13 Page 13 of 49 INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-JUN-2011 TO 31-MAY-2012 N/A GEORGE C. MARSHALL CENTER STEPHEN DOUMA IM SYSTEMS SUPPORT BRANCH ATTN: GCMC-DBO-IM-S APO,UNITED STATES FOB: Destination W91V3V 1001 POP 01-JUN-2012 TO 31-MAY-2013 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W91V3V 2001 POP 01-JUN-2013 TO 31-MAY-2014 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W91V3V 3001 POP 01-JUN-2014 TO 31-MAY-2015 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W91V3V 4001 POP 01-JUN-2015 TO 31-MAY-2016 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W91V3V CLAUSES INCORPORATED BY REFERENCE Gratuities APR Printed or Copied Double-Sided on Recycled Paper AUG 2000

14 Page 14 of Restrictions on Certain Foreign Purchases JUN Applicable Law for Breach of Contract Claim OCT Control Of Government Personnel Work Product APR Compliance With Local Labor Laws (Overseas) JUN Authorization to Perform APR Invoices Exclusive of Taxes or Duties JUN Customs Exemptions (Germany) JUN Choice of Law (Overseas) JUN 1997 CLAUSES INCORPORATED BY FULL TEXT 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 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) , 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;

15 Page 15 of 49 (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 ). 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 serviceconnected, 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--

16 Page 16 of 49 (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 After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR , 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 ), 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

17 Page 17 of 49 (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 womenowned 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 $1,000,001 - $2 million $2,000,001 - $3.5 million $3,500,001 - $5 million $5,000,001 - $10 million 751-1,000 $10,000,001 - $17 million Over 1,000 Over $17 million

18 Page 18 of 49 (9) (Complete only if the solicitation contains the clause at FAR , Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR , 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 (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 (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 (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.

19 Page 19 of 49 (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) , 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 , 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

20 Page 20 of 49 [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 [List as necessary] (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 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. [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 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:

21 Page 21 of 49 Line Item No. Country of Origin [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR , 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

22 Page 22 of 49 (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 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 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 (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.)