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Solicitation No. 14-242-SOL-00006 laboratory supplies and reagents
Section B - Supplies or Services and Prices/Cost
B-1 Services
The AAO-IHS laboratory programs at Albuquerque Indian Health Center (AIHC), and Jicarilla Service Unit (JSU), have recurring requirements for laboratory supplies and reagents. The intended purpose of this contract is for delivery of laboratory testing supplies, reagents and any upgraded laboratory instruments for direct patient care.
Citing Federal Acquisition Regulation (FAR) Part 37, the contractor shall provide these requirements under a non-personal service contract independent of direct supervision of the Government.
1. The contractor shall take sole responsibility for collecting/invoicing the Indian Health Service for New Mexico Gross Receipt Taxes (NMGRTS) for services provided in the State of New Mexico, regardless if the services were provided on a sovereign Indian Reservation or within Government health facilities. This does not exempt a contractor from their obligations for payment of taxes.
2. Payment of federal taxes and all other applicable taxes for income earned under this contract is the sole responsibility of the contractor. The Indian Health Service is not tax exempt for services or labor.
3. The Contractor is not an employee of the Government and thus the Indian Health Service is not responsible for withholding of any taxes for issuing the W-2 Forms for wages earned during the calendar year.
4. The contractor shall be the sole responsible party to notify the Indian Health Service of any changes to its primary mailing address, remittance address, banking/financial institution, TAX ID, no later than 30-days from the effective date of the change.
5. The contractor shall be the sole responsible party to register in the System for Award Management (formerly Central Contractor Registration (CCR)) as required by FAR Clause No. 52.204-6, and to maintain registration as well as updating information as needed. The contractor shall obtain and maintain its Dun and Bradstreet Numbering Systems (DUNS) Number during the term of this contract.
The Albuquerque Area Indian Health Service, Division of Accounting Services is responsible for issuing Form 1099 MISC-Miscellaneous Income to report all payments made to the contractor during the term of the contract and to report to the Internal Revenue Service. The FORM 1099 will be mailed to the contractor's latest address on file with the Indian Health Service.
For inquiries regarding the FORM 1099, call 505-248-4582.
B-2 Prices/Costs
The contract is awarded as a single award contract for supplies, service and if required maintenance.
A Indefinite Delivery-Indefinite Quantity (IDIQ), type contract will be awarded for a base year with four one-year options for renewal. Total contract award shall not exceed five years. Option year renewals will be on the basis of satisfactory services provided availability of funds for the appropriate fiscal year, and on the basis of existing requirements.
The following Albuquerque Area IHS health facilities are authorized to place orders against the contract.
ALBUQUERQUE INDIAN HEALTH CENTER, AIHC
JICARILLA Service Unit, (JSU)
Schedule: for a period of 12 months.
Total Price:
a. Base Year: $__________ January 1, 2014 through December 31, 2014
b. Option Year One: $__________ January 1, 2015 through December 31, 2015
c. Option Year Two: $__________ January 1, 2016 through December 31, 2016
d. Option Year Three: $__________ January 1, 2017 through December 31, 2017
e. Option Year Four: $__________ January 1, 2018 through December 31, 2018
Total Amount: $__________
Individual task orders will be issued against the cited contract by each facility using the contract. The task order will have the facility's accounting code for obligation of funds for their requirements.
Applicable to this contract is FAR Clause No. 52.232.19, Availability of Funds for the Next Fiscal Year.
Funds are not presently available for performance of this contract beyond, January 15, 2014. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under contract beyond January 15, 2014 until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer
Section C - Description/Specs./Statement of Work
C-1 Description:
The Contractor shall provide the Albuquerque Area IHS laboratories with supplies and reagents and maintenance services for the analyzer at no charge based on each facility's requirements.
C-2 Statement of Work
Under the terms and conditions of the cited contract, the Contractor shall:
provide the Albuquerque Indian Health clinical laboratories with Beckman Coulter supplies and reagents on a monthly/as needed basis.
ship items within one week after ordering supplies and reagents.
do yearly audits of customer volumes, if volume increases significantly the price must be adjusted based on volume.
provide customer and technical service at no additional charge.
provide Clinical Laboratory Services with diagnostic testing and laboratory services.
Must comply with regulatory changes and provide updates when necessary.
provide, without additional charge to the Government, Initial Customer Training for (2) people per module including room, board and airfare at vendor site.
provide, without additional charge to the Government, Customer Training for (1) person per module at vendor site for each subsequent year of the contract.
provide Water System Warranty for each year for each Albuquerque Area Laboratory on this contract.
provide On-site Linearity Validation Studies (x2) per year each Albuquerque Area Laboratory on this contract including data processing.
Listed are names of analyzers with catalog numbers and locations:
AIHC: HMX, Serial Number AS14059 JSU: Instruments: DxC 600 Pro PN A11810 Access 2 PN 973111
Section D - Packing and Markings
D-1 All written correspondence and invoices must include the contract no. None
Section E - Inspection and Acceptance
E-1 FAR Clause No. 52.246-6, Inspection of Services-Fixed-Price (Aug 1996)
(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
E-2 Review, Approval and Evaluation
The Contracting Officer or his duly authorized representative shall review and approve services provided under the terms and conditions of the contract.
The Contracting Officer, the designated Government Project Officer and the Contractor shall evaluate the services during the term of contract and the report of the evaluation will be made a part of the official contract file. The evaluation will be objective and directed toward the progress made in meeting the contract objectives and statement of work, resolve problems encountered, clarify issues that may arise unexpectedly and to evaluate the accomplishments. The evaluation will be conducted on dates mutually agreed to by all parties.
E-3 Quality Assurance Review
Overall evaluation of the Contractor's performance in meeting the terms of the contract will be reviewed and monitored according to the applicable Service Unit Quality Assurance Standards.
Reviews shall consist of delivery orders in a timely manner, shipment of orders matching the order placed by IHS, and other documented errors. The Contractor will be informed if any quality of service problems are identified by the IHS Project Officer and the Contractor shall take appropriate corrective action within appropriate timeframes specified by the Government. Failure to do so may result in Termination for Default.
Section F - Performance and Reporting Requirements
F-1 Period of Performance
Services shall commence January 1, 2014 on through December 31, 2014. Services required beyond the completion date shall be by written modification to the contract and approved by the Contracting Officer.
The option year renewals shall be exercised pursuant to the following schedule:
First Year Option: January 1, 2015 through December 31, 2015 Second Year Option: January 1, 2016 through December 31, 2016 Third Year Option: January 1, 2017 through December 31, 2017 Fourth Year Option: January 1, 2018 through December 31, 2018
F-2 Reporting Requirements
a. Monthly Invoices shall be submitted within 10 days after the end of the month. The monthly invoice shall be accompanied by the monthly narrative report, including any problems encountered and other foreseeable issues.
F-3 Location of IHS Facility and Contact Person:
Attn: Lab Supervisor Jicarilla Service Unit P.O Box 187 500 North Mundo Dr.
Dulce, NM 87528
(575) 759-7218
Attn: Lab Supervisor, Duane Harris Albuquerque Indian Health Center Laboratory Department 801 Vassar Dr. NE Albuquerque, NM 87106
(505) 248-4029
The normal hours of business and clinical operation is from 8:00 AM to 4:30 PM, Monday through Friday, except all federal holidays.
Section G - Contract Administration Data
G-1 Accounting and Appropriation Data
The accounting data shown on the individual task order must be in each monthly invoice for proper accountability of reimbursements:
G-2 Contracting Officer Responsibility
The authority to negotiate changes in the terms and conditions or the amounts cited in the contract are reserved to the Contracting Officer.
G-3 Designation of Contracting Officer Representative (COR)
The primary Contracting Officer Representative (COR) assigned to this contract is:
Each primary and alternate COR is responsible as follows:
The Contracting Officer Representative listed above is hereby designated to monitor the performance of this order on behalf of the Government. The Contracting Officer Representative will provide no supervisory or instructional assistance to Contractor personnel. The COR's function is primarily to provide the Contractor with working data. The COR is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the Ordering Officer for action. The acceptance of any change by the Contractor without specific approval and written consent of the Ordering Officer will be at the Contractor's own risk.
G-4 Invoice Submission
The Contractor shall submit monthly invoices and narrative reports directly to the Project Officer, at each facility with the following information:
- Contract No.
- Contractor’s Name and Address
- Date of invoice period
- Invoice No.
- Appropriation Data cited in Item G-1
- Invoice signed and dated by the authorized representative of the Contractor, to include the individual's name, title, and telephone number
- The following certification shall be cited on each invoice submitted for payment.
"I hereby certify that all services provided and invoiced are for appropriate purposes and in accordance with the terms and conditions of the cited contract"
G-5 Payment Office
The payment office is:
Albuquerque Indian Health Service Division of Accounting Services 5300 Homestead Road, NE Albuquerque, New Mexico 87110
EFT Disbursed by:
U. S. Department of Treasury Office of Disbursements Austin, TX
Section H - Special Contract Requirements
H-1 Government Furnished Materials & Supplies/Office Facilities/Equipment None required for this contract
H-2 Contractor Furnished Materials & Supplies/Office Facilities/Equipment
The Contractor is responsible for delivery of all services and supplies under this contract.
Section I - Contract Clauses:
I-1 52.252-2 Clauses Incorporated by Reference. (2/98)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov.far
"All applicable FAR Clauses under the cited VA Contract __________ are hereby incorporated.
Health & Human Services Acquisition Regulation Clauses (48 CFR Chapter 3)
352.202-1 Definitions 1/2006 352.232-9 Withholding of Contract Payments 1/2006 352.224-70 Confidentiality of Information 1/2006 352.270-2 Indian Preference 1/2006 352.270-3 Indian Preference Program 1/2006 352.270-6 Publications and Publicity 1/2006
FAR Clauses written in full text:
52.204-1 Approval of Contract (12/89)
The contract is subject to the written approval of the Contracting Officer, and shall not be binding until so approved.
52.217-9 Option to Extend the Term of the Contract (3/00)
a. The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
b. If the Government exercises this option, the extended contract shall be considered to include this option clause.
c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.216-18 Ordering (10/95)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through contract expiration date.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of the total estimated contract amount. (2) Any order for a combination of items in excess of the total estimated contract amount.
(3) A series of orders from the same ordering office within five (5) calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
Section J - List of Attachments: Lab Supplies
The listing is not all inclusive, Indian Health Service (IHS) may order/supplies/items not on the list.
Section K - Representations, Certifications and Other Statement of Offerors
To Be Completed by the Offeror: (The Representation and Certifications must be executed by the individual authorized to bind the offeror).
The offeror makes the following Representations and Certifications as part of the offer (Please check or complete all appropriate boxes or blanks. Some items may not be applicable to the offeror, these items must still be check or completed as a negative response).
Name of Offeror: _____________________________________
Typed Name of Authorized Individual:
Signature of Authorized Individual Date
52.252-1 Solicitation Provisions Incorporated by Reference (2/98)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov.far
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (9/07)
52.204-6 Data Universal Numbering System (DUNS) Number (07/13)
52.222-38 Compliance with Veteran Employment Reporting Requirements (09/10)
52.203-2 Certificate of Independent Price Determination (4/85)
(a) The offeror certifies that-
The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-
(i) Those prices;
(ii) The intention to submit an offer;, or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
52.204-3 Taxpayer Identification (10/98)
(a) Definitions.
"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[__] TIN: _____________________.
[__] TIN has been applied for.
[__] TIN is not required because:
[__] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[__] Offeror is an agency or instrumentality of a foreign government;
[__] Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
[__] Sole proprietorship;
[__] Partnership;
[__] Corporate entity (not tax-exempt);
[__] Corporate entity (tax-exempt);
[__] Government entity (Federal, State, or local);
[__] Foreign government;
[__] International organization per 26 CFR 1.6049-4;
[__] Other _________________________.
(f) Common parent.
[__] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
[__] Name and TIN of common parent:
Name _____________________________
TIN ______________________________
52.204-5 Women-Owned Business (Other than Small Business) (05/99)
(a) Definition. "Women-owned business concern," as used in this provision, means a concern 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; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program representations, of this solicitation.] The offeror represents that it [__] is a women-owned business concern.
52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (04/10)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are [__] are not [__] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) 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 public (Federal, state, or local) 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, or receiving stolen property; and
(C) Are [__] are not [__] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
(ii) The Offeror has [__] has not [__}, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, and United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.204-6 Data Universal Numbering System (DUNS) Number (10/03)
(a) 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 number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.
(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
52.204-6 Data Universal Numbering System Number (JUL 2013)
(a) Definition. “Data Universal Numbering System (DUNS) number”, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.
(b) 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 number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.
(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 name.
(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).
52.204-7 System for Award Management (Jul 2013)
(a) Definitions. As used in this provision— “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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM 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 SAM 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) Offerors may obtain information on registration at https://www.acquisition.gov .
52.204-8 Annual Representations and Certifications (JUL 2013)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 621339 [insert NAICS code].
(2) The small business size standard is 6.5 million [insert size standard].
(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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:
[ ] (i) Paragraph (d) applies.
[ ] (ii) 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 SAM 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 $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 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.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 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.
(x) 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) 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 $77,494, the provision with its Alternate II applies.
(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxi) 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) 52.219-22, Small Disadvantaged Business Status.
__ (A) Basic.
__ (B) Alternate I.
__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.
__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vi) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (vii) 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 SAM website accessed through https://www.acquisition.gov. After reviewing the SAM 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, identifying change 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 SAM.
52.219-1 Small Business Program Representations (APR 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 621511 [insert NAICS code].
(2) The small business size standard is 6.5 million [insert size standard].
(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) Representations.
(1) The offeror represents as part of its offer that it__ is, __ is not a small business concern.
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer 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, __ not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer 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 (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses 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.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it __ is, ___ is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that it __is, __ is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It __ is, __ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
“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…
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