LGCB ASPHALT PURCHASE

ATTENTION POTENTIAL OFFERORS: DUE TO ESTABLISHED ECONOMIC AGREEMENTS BETWEEN THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF TURKEY, THE AIR FORCE INTENDS TO AWARD THIS SOLICITATION TO A BUSINESS CONCERN WITHIN THE COUNTRY OF TURKEY. THEREFORE, IF THERE ARE PROPOSALS FROM BUSINESS CONCERNS OUTSIDE OF TURKEY THEY WILL ONLY BE CONSIDERED IF NO PROPOSALS ARE RECEIVED FROM INSIDE TURKEY (OR ARE DEEMED UNREASONABLE). (i) This is combined synopsis/solicitation number FA5685-09-T-0003 issued on 12 February, 2009 for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) Solicitation FA5685-09-T-0003 is issued as a Request for Quote. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-14 and Defense Acquisition Circular 91-13. NAICS Code 423320 (Asphalt Mixtures) applies to this procurement (For a full list please view attached Solicitation Document). (iv) This acquisition is Unrestricted from Small-Business Set-Asides due to the Overseas Location Exception. (v) This is a combined synopsis and solicitation for the following commercial items: ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 365 Actual Tons LGCB PURCHASE ASPHALT TO PAVE STREETS FFP PROVIDE ALL TOOLS, SUPPLIES. LABOR AND TRANSPORTATION TO DELIVER ASPHALT BASE OR BINDER IN TURKISH WITH ROCK SIZE OF 0 -20 MM. MUST BE DELIVERED WITH A MINIMUM TEMPERATURE OF 180-190 DEGREES CELSIUS. COORDINATION OF QUANTITY AT A TIME MUST BE MADE BEFORE DELIVERY IS ACCOMPLISHED. FULL QUANTITIES WILL BE DELIEVERED WITHIN 30 DAYS. FOB: Destination NSN: 5610-98-026-A003 PURCHASE REQUEST NUMBER: F2G3C29026A003 SIGNAL CODE: A NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 185 Actual Tons LGCB PURCHASE ASPHALT TO PAVE STREETS FFP PROVIDE ALL TOOLS, SUPPLIES. LABOR AND TRANSPORTATION TO DELIVER ASPHALT BASE OR BINDER IN TURKISH WITH ROCK SIZE OF 0 -19 MM. MUST BE DELIVERED WITH A MINIMUM TEMPERATURE OF 180-190 DEGREES CELSIUS. COORDINATION OF QUANTITY AT A TIME MUST BE MADE BEFORE DELIVERY IS ACCOMPLISHED. FULL QUANTITIES WILL BE DELIEVERED WITHIN 30 DAYS. FOB: Destination NSN: 5610-98-026-A003 PURCHASE REQUEST NUMBER: F2G3C29026A003 SIGNAL CODE: A NET AMT **NOTE** PLEASE PROVIDE SPECIFICATIONS ON ALL PRODUCTS ALL DOCUMENTATION MUST BE TRANSLATED AND CERTIFIED IN ENGLISH IF THE ORIGINAL DOCUMENTS ARE IN ANY LANGUAGE OTHER THAN ENGLISH AND WILL BE KEPT AS AN ATTACHMENT IN THE FOLDER. THESE DOCUMENTS WILL NOT BE RETURNED BACK TO THE ORIGINATORS. Please ensure that your firm is registered with CCR and all information is current. If you are not registered or you information is not current you need to go to https://www.bpn.gov/CCR/scripts/index.html and fill out a web base application that take 30 to 40 minute to complete. You must have a DUNS number in order to start this process. If you don't have a Duns number you can obtain one at http://fedgov.dnb.com/. It takes two to three business days in order to receive a DUNS number and then two to three business day to receive a CAGE code. Please begin the process as soon as you receive this notice in order to speed up the contracting process in the event that you are the winning offeror. In addition, a mandatory system called Wide Area Work Flow (WAWF) is now online. This system will speed up your payment processing time and allow you to monitor your payment status online. There are no charges or fees to use WAWF. To help familiarize yourself with this new system, a web based training site located at http://wawftraining.com is here to help you out. In order to get registered, see attachment for further instruction on how to get registered. Delivery will be to 39th Civil Engineering Squadron, Incirlik A.B., Turkey (viii) (xiv) The Defense Priorities and Allocation Systems (DPAS) assigned rating for this procurement is unrated. (xv) There are no numbered notes applicable. (xvi) Signed and dated offers, to include a complete listing of all items, must be submitted to 39th Contracting Squadron, Building 485/LGCB, Attn: Frank D. Boyce., 39 TAAHHUT BOLUGU, BINA #485, 10cu TANKER US KOMUTANLIGI, ADANA no later than 1600 hrs, 27 February, 2009. Responsible sources may submit a proposal, or quote which shall be considered. Offers may be submitted via mail, facsimile, or e-mail. (xvii) POC: Frank D. Boyce at 0-322-316-8075, fax: 0-322-332-1090, or e-mail: frank.boyce@incirlik.af.mil . ADDENDUM ONE Addendum One 52.212-1, Instruction to Offerors - Commercial Items (Jan 2006) Add this information to the end of the clause ATTENTION POTENTIAL OFFERORS: IMPORTANT INFORMATION CONCERNING ELIGIBILITY FOR AWARD OF THIS SOLICITATION. 1. DUE TO ESTABLISHED ECONOMIC AGREEMENTS BETWEEN THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF TURKEY, THE AIR FORCE INTENDS TO GIVE FIRST CONSIDERATION TO AWARD THIS SOLICITATION TO A BUSINESS CONCERN WITHIN THE COUNTRY OF TURKEY, FOLLOWED BY EUROPEAN BASED COMPANIES, AND FINALLY UNITED STATES COMPANIES. IF THERE ARE NO TURKISH OR EUROPEAN BUSINESSES THAT CAN MEET THE SPECIFICATIONS REQUIRED, THE AIR FORCE RESERVES THE RIGHT TO AWARD THE CONTRACT TO A UNITED STATES FIRM. 2. THIS SOLICITATION CAN BE ELECTRONICALLY ACCESSED AT THIS SITE. IT IS HIGHLY ENCOURAGED THAT YOU DOWNLOAD THE SOLICITATION DUE TO HARD COPY BEING UNAVAILABLE. 3. INTERESTED VENDORS MUST PROVIDE DETAILED INFORMATION INCLUDING THE FOLLOWING DOCUMENTATION STATING YOUR COMPANY'S ABILITY TO PROVIDE THE REQUIRED SUPPLIES TO THE FOLLOWING INDIVIDUAL: Address for Vendors and Postal: 2Lt FRANK BOYCE 39 TAAHHUT BOLUGU BINA # 485 10cu TANKER US KOMUTANLIGI, ADANA PHONE: 0-322-316-8075 (three lines) e-mail: frank.boyce@incirlik.af.mil ADDITIONAL REQUIRED DOCUMENTATION FOR TURKISH VENDORS ONLY - TURK FIRMALARI ICIN GEREKLI BELGELER: a- TAX PAYERS LICENSE - VERGI KAYDI SURETI b- TRADE CHAMBER REGISTRATION - TICARET ODASI KAYIT SURETI c- SIGNATURE CIRCULAR - IMZA SIRKULERI d- COMPANY REGISTRATION IF APPLICABLE - VAR ISE SIRKET SOZLESME SURETI e- CERTIFIED/AUTHORIZED RETAIL/RESELLER DOCUMENTATION FROM MANUFACTURER AND OR IMPORTER FOR REQUESTED SUPPLIES - TALEP EDILEN MALLARIN - RETICISI VEYA YETKILI ITHALATCISINDAN TEMIN EDILECEK YETKILI/ONAYLI PAREKENDE/SATICILIK BELGELERI. f- PHOTOCOPIES OF WRITTEN WARRANTY DOCUMENTS, IF APPLICABLE - GARANTI GEREKIYOR ISE GARANTI EVRAKLARI SURETLERI. g- A COMPLETED COPY OF 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS. KONTRAT SARTNAME Madde 52.212-3, TEKLIF SAHIBINE AIT TEMSIL VE BELGELENDIRME BILGILERI BOLUMUNU TAMAMLAYIP, IMZA VE KASELIYEREK TEKLIFINIZ EKINDE TESLIM EDINIZ h- TECHNICAL CAPABILITIES DOCUMENTS- THE OFFEROR SHALL PROVIDE ANY DOCUMENTS DISPLAYING THE CAPABILITIES OF THE OFFERED PRODUCTS. THESE DOCUMENTS MUST CERTIFY THAT THE PRODUCTS MEET OR EXCEED THE CAPABILITIES OF THE PRODUCTS DESCRIBED IN THIS SOLICITATION. THE ABOVE DOCUMENTATION MUST BE TRANSLATED AND CERTIFIED IN ENGLISH AND WILL BE KEPT AS AN ATTACHMENT IN THE FOLDER. THESE DOCUMENTS WILL NOT BE RETURNED BACK TO THE ORIGINATORS. 4. PLEASE PROVIDE THE BELOW INFORMATION/DOCUMENTATION: A. YOUR COMPANY MUST BE CENTRAL CONTRACTOR REGISTRATION (CCR) REGISTERED IN ORDER TO SUBMIT AN OFFER OR A BID TO THE 39th CONS. 1. YOU NEED TO HAVE DUNS AND NGACE CODE TO BE REGISTERED ON CCR. 2. THE WEBSITE FOR CCR REGISTRATION: http://www.ccr.gov/ B. NATO CAGE CODE: ________________________________ 1. If you do not have a Nato Cage Code, you must contact: http://www.msb.mil.tr/prgs/tekhizweb/TEKMURACAT/NCAGE/default.asp or MLLI SAVUNMA BAKANLIGI TEK.HIZ.D. BSK.LIGI (TURK MILLI KODLANDIRMA BUROSU) 06100 Bakanliklar, ANKARA 2. Telephone NGACE ASSIGNMENT: 0312-4106184 C. YOUR COMPANY'S "DUNS" NUMBER:________________________________ 1. If you do not have a DUNS number, you must contact "Dun and Bradstreet", at the numbers below to have one assigned, before your quotation will be considered: U.S.A. OFFICE: ISTANBUL OFFICE: Phone: 001 610-882-7741 Phone: 0-212-327-2238 ext 122 FAX: 001 610-882-7140 FAX: 0-212-327-2243 WEBSITE: http://www.finar.com.tr 5. FAILURE TO PROVIDE THE REQUIRED DOCUMENTS AND THE SOLICITATION PROPERLY FILLED, SIGNED, AND STAMPED MAY CAUSE YOUR OFFERS TO BE CONSIDERED, AND DETERMINED NON RESPONSIVE. 6. INFORMATION TO FOREIGN VENDORS NOTE 1: Authorization to Foreign Vendors The contract warrants that it has been duly authorized to operate and do business in the country or countries in which this contract is to be performed, and that it has obtained, at no cost to the United States Government, all necessary licenses and permits required in connections with this contract, and that it will fully comply with all laws, decrees, labor standards and regulations of this country or countries during the performance of this contract. NOTE 2: Law Governing Contracts In any dispute arising out of this contract, the decision of which requires consideration of questions of law, the rights and obligations of the parties shall be interpreted in accordance with the substantive laws of the United States of America. NOTE 3: Invoices All invoice amounts shall be reflected in US Dollars or payment may be delayed. VAT-EXEMPT PURCHASE I certify that this purchase (delivery of goods or service) is made for the purpose of common defense and in accordance with the Tax Relief Agreement between Turkey and The United States of America, which was ratified by Law Number 6426 of June 1954. This purchase is exempt from Value Added Tax according to the Council of Ministers of the Republic of Turkey decision number 92/2958 or 22 April 1992, published in the Official Gazette dated 21 May 1992, number 21234. KDV'DEN MUAF SATINALMA Isbu satinalmanin (mal teslimi veya hizmet); Turkiye ile Amerika Birlesid Devletleri arasinda imzalanmis bulunan ve 30 Haziran 1954 tarihli ve 6426 sayili kanunla onaylanmis Vergi Muafiyetleri Anlasmasina uygun olarak ve ortak savunma amaciyla yapildigini onaylariz. Isbu satinalma: 21 May 1992 tarih ve 21234 sayili Resmi Gazetede yayinlanmis olan 22 Nisan 1992 tarih ve 1992/2958 sayili Bakanlar Kurulu Kararina gore katma deger vergisinden mustesnadir. NOTE TO TURKISH VENDORS: It is recommended contractors attach their VAT exempt form when submitting their invoices to Defense Finance Accounting System (DFAS) in Wide Area WorkFlow (WWAF) and/or handcarry to 39 CONS for certification. For the Turkish Government to accept it, a duly appointed Contracting Officer must first certify the VAT exempt form. 7. HOST NATION LABOR LAWS, RELATIONS AND STANDARDS a. The contractor shall be responsible for complying with any and all Turkish labor laws, relations and standards in effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals. The Contractor and all subcontractors are required to adhere with all safety laws in effect and that may come into effect of the Turkish Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government. Failure by the contractor to correct deficiencies in a reasonable time shall be cause for Termination of Default. b. Furthermore, the contractor shall safeguard his firm with additional insurance for potential liabilities to Turkish authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above. c. The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement. d. Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer if requested at any time during the completion of the work. e. With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number to the Turkish Pass and ID. f. With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this special contract requirement and also for all responsibilities and risks indicated herein. 8. OPERATIONS SECURITY In the performance of contract terms and conditions, contractors performing work on Incirlik Air Base may witness or hear of activities which provide them insight into present or future military activities. Each contractor is responsible to ensure its employees and/or subcontractors understand this type of information shall not be discussed and/or spread to any other sources. Infractions on the part of any contractor (or its employees or subcontractor[s]) may result in: 1) Immediate removal of the employee/subcontractor[s] from base, 2) A less than satisfactory past performance record for the project, and/or 3) Debarment actions. 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 0002 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 30 dys. ADC 365 F2G3C2 39 CES/CECEP BASE CIVIL ENG 39CES/CECEP BLDG 444 UNIT 7065 APO AE 09824 676-6596 FOB: Destination F2G3C2 0002 30 dys. ADC 185 (SAME AS PREVIOUS LOCATION) FOB: Destination F2G3C2 CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions JUL 2004 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2008 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.252-2 Clauses Incorporated By Reference FEB 1998 252.225-7042 Authorization to Perform APR 2003 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 CLAUSES INCORPORATED BY FULL TEXT 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) CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION - COMMERCIAL ITEMS JAN 1999 (IAW FAR 12.301(c) (a) This procurement is conducted under FAR 13.5, Test Program for Certain Commercial Items. The Government will award a Firm, Fixed Price commercial contract resulting from this solicitation to the lowest priced, technically acceptable, responsible offeror with acceptable past performance whose offer conforms to the solicitation. The Government intends to evaluate offers and award a contract without discussions with offerors. Offerors are required to submit a technical proposal and a price proposal according to the factors set forth under this provision. The following factors shall be used to evaluate offers: FACTOR 1 - TECHNICAL CAPABILITY FACTOR 2 - PRICE FACTOR 3 - PAST PERFORMANCE FACTOR 1: TECHNICAL CAPABILITY In order to be considered for award, the offeror's technical proposal must be rated as acceptable. To be determined technically acceptable, the offeror must provide all information and/or requirements listed in Factor 1. Failure to submit any of the listed requirements will result in the offeror's technical proposal being determined technically unacceptable. The standard is met when: A. The offeror provides written evidence of its registration and authorization to conduct business in the country of Turkey with the following required documentation. Required Documentation: a- TAX PAYERS LICENSE - VERGI KAYDI SURETI b- TRADE CHAMBER REGISTRATION - TICARET ODASI KAYIT SURETI c- SIGNATURE CIRCULAR - IMZA SIRK'LERI d- COMPANY REGISTRATION IF APPLICABLE - VAR ISE SIRKET S'ZLESME SURETI e- CERTIFIED/AUTHORIZED RETAIL/RESELLER DOCUMENTATION FROM MANUFACTURER AND OR IMPORTER FOR REQUESTED SUPPLIES - TALEP EDILEN MALLARIN - RETICISI VEYA YETKILI ITHALATCISINDAN TEMIN EDILECEK YETKILI/ONAYLI PAREKENDE/SATICILIK BELGELERI. f- PHOTOCOPIES OF WRITTEN WARRANTY DOCUMENTS, IF APPLICABLE - GARANTI GEREKIYOR ISE GARANTI EVRAKLARI SURETLERI. g- TECHNICAL CAPABILITY DOCUMENTS (IF PROPOSING EQUAL PRODUCTS)-PROVIDE ANY DOCUMENTS DEMONSTRATING TECHNICAL CAPABILITIES OF PROPOSED PRODUCTS. The above documentation must be translated and certified in english and will be kept as an attachment in the folder. These documents will not be returned back to the originators. FACTOR 2: PRICE Only price proposals submitted by offerors whose technical proposals are determined to be technically acceptable will be considered for evaluation. Award will be made to the lowest price, technically acceptable, responsible offeror with acceptable past performance. The lowest price offer will be computed by adding the total price for all options to the total price for the basic period. Proposed prices will be evaluated using the price analysis techniques prescribed in FAR 13.106-2 to determine price reasonableness. The standard is met when: The price is determined fair and reasonable in accordance with FAR 12.209. FACTOR 3: PAST PERFORMANCE Each offeror will be evaluated on their past performance based on existing and prior contracts using previous knowledge of contract performance. Offerors are encouraged to provide past performance on relevant contracts. The Government will evaluate the offeror's technical management capability, timeliness of performance, customer satisfaction, and any other applicable information. Offerors with no past performance information will be rated neutral. (End of clause) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision -- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------. (Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as p...