Summary of changes made to 2012 solicitations on 1/26/2012:

Boilerplate Changes for M/C 4.1

B03. Basis of Award. Language is added to address unrestricted solicitations as follows:
Unrestricted

  1. Multiple awards of Blanket Purchase Agreements (BPAs) resulting from this solicitation will be made on a competitive basis to responsible business concerns.
  2. Priority ranking for dispatch will be determined by the method described in D.6.2; no advantage will be given for business size or status in an unrestricted solicitation.

C01. TERMS AND CONDITIONS. FAR Clause 52.212-5 "Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items," dated Aug 2011 has been replaced with the most current version dated Jan 2012. Changes include adding the following clauses:

  • (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).
  • (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

In addition to adding the two references above, the date for FAR clause 52.219-14, "Limitations on Subcontracting" changed from Dec 1996 to Nov 2011.

Please note that with the addition of two new clauses identified above, subsequent clauses were renumbered. Section (b) of FAR clause 52.212-5 previously had 49 clauses incorporated by reference, and now there are a total of 51 clauses.

C02. CLAUSES BY REFERENCE. The date for FAR Clause 52.245-1, "Government Property," changed from Jun 2007 to Aug 2011.

E00. REPRESENTATIONS AND CERTIFICATIONS. (Refer to Para E.3 within E00) FAR Clause 52.212-3 "Offeror Representations and Certifications—Commercial Items," dated Nov 2011 has been updated to include the following changes:

  • A definition is added for: "Economically disadvantaged women-owned small business (EDWOSB) concern"
  • A definition is added for: "Sensitive technology"
  • A definition is added for: "Subsidiary"
  • C(6) for WOSB is changed as follows:

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offerorprepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: ______.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

  • A section for Economically disadvantaged women-owned small business (now numbered as C(7)) has been added as follows:

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: ______. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

  • A section for Women-owned business concern (other than small business concern) (now numbered as C(8)) has been added as follows:

(8) 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.

  • The date for Alternate I of the Clause at 52.212-3 changed from Apr 2002 to Apr 2011.
  • The date for Alternate II of the Clause at 52.212-3 changed from Oct 2000 to Jan 2012 and the reference cite within changed to

E03. EXHIBIT B – PAYMENT OFFICE INFORMATION. Contact information for BIA and FWS was added and contact information for NPS was edited. Information is now as follows:

NATIONAL PARK SERVICE
Accounting Operations Center (AOC)
PO Box 100000
Herndon, VA 20171
703-487-9310

BUREAU OF INDIAN AFFAIRS
Office of the Deputy Assistant Secretary
Attn: Fiscal Services Division, Payments
2051 Mercator Dr.
Reston, VA 20191
703-390-6336

FISH & WILDLIFE SERVICE
Payments are processed by the FWS office with jurisdictional responsibility.