36C26219Q0403-0001003.doc

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address

Department of Veteran Affairs

SAO West, Network Contracting Office-22

4811 Airport Plaza Drive, Suite 600

Long Beach, CA 90815-1263

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-96 effective November 6, 2017.

Solicitation 36C26219Q0403 is issued as a Request for Quote (RFQ) and constitutes the only solicitation. The Government intends to award a Firm-Fixed Price (FFP) BPA single term of five years for services.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a business size standard of 1,000 employees.

The Department of Veteran Affairs, SAO West, Network Contracting Office-22, 4811 Airport Plaza Drive, Suite 600. Long Beach, CA 90815 is seeking to purchase a Cost-per-test Digital Indirect Fluorescent Assay (IFA) imaging system that a minimum meets the following statement of work with a brand name or equal product for the VA Greater Los Angeles Healthcare System:

Section 2- Schedule of Supplies and Services Pg. 8 and (See Attachment B- IFA Volumes) Section 3 -Statement of Work/ Salient Characteristics Pg.10 (Attachment A) Place of Performance: VA Greater Los Angeles Healthcare System (VALBHS), 11301 Wilshire Blvd, Los Angeles, CA 90073

Provisions 52.212-1, Instructions to Offerors – Commercial and 52.212-2, Evaluation – Commercial Items are applicable to this acquisition. Furthermore, Provision 52.212-2 is utilizing the lowest price on an Acceptable/Unacceptable evaluation process.

Submitting Quote: Offeror(s) shall submit their quote on company letterhead and shall include the completed pricing forms, along with name, address, telephone number of the offeror, firm’s DUNS#, total price and a completed copy of FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items or a copy of offeror’s annual offeror representations and certifications (ORCA) document from www.sam.gov as required by FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items.

Submit all question(s) to Carol Evans at Carol.Evans3@va.gov no later than March 11, 2019, 5:00 PM Pacific Daylight Time (PDT). Ensure to reference solicitation # 36C26219Q0403 within subject line of the email.

Quotes must be received by March 14, 2018 by 5:00 PM (PDT). Email your quote to Carol Evans at Carol.Evans3@va.gov. Ensure to reference solicitation # 36C26219Q0403 within subject line of the email. Quote(s)/offer(s) received after the prescribed deadline, shall be considered non-responsive and will not be considered for award.

Table of Contents

Combined Synopsis Cover Combined Synopsis (Continued)

Table of Contents

SECTION B

Description of Contract Schedule of Supplies and Services Instructions to Attachment B Statement of Work Contract Administration Data Hours of Work Contract Clauses and Provisions

B SECTION B

1. DESCRIPTION OF CONTRACT

1.1 INTENT: Pursuant to Federal Acquisition Regulation (FAR) Part 13.5, for the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 to establish a Cost-Per-Test (Hereafter referenced as CPT) Blanket Purchase Agreement (Hereafter referenced as BPA) for an Automated Digital Indirect Fluorescent Assay (IFA) imaging system. It is the intent of the Government to award this BPA to a single Contractor for all necessary IFA imaging system equipment to perform IFA related testing for VISN 22. The BPA shall be awarded as a five year agreement in the open market in accordance with FAR Part 13.5. Contractor agrees to the following terms of the BPA exclusively with the VISN facilities listed in B1.5. However, as requirements change, facilities within VISN 22 may be added or deleted by supplemental agreement between the Government and the Contractor.

1.2 TERM OF AGREEMENT: The BPA shall have one (1) five-year term and will be reviewed, at least, annually IAW FAR Part 13.303-6 to ensure the BPA terms are met, to assess current market conditions and to determine price reasonableness. Additional discounts maybe requested by NCO 22 at any time. If the contractor fails to perform in a manner satisfactory to the Contracting Officer (CO), this BPA may be canceled with a thirty (30) days written notice to the contractor by the CO. This BPA shall not exceed sixty (60) months from the effective date of the BPA.

Est. BPA Ordering Period: 03-15-2018 through 03-14-2024

1.3 BPA PRICES: This BPA is a pricing agreement and does not obligate any funds. Pricing shall be established based on the estimated test quantities listed in Attachment B, Test Schedule and Volumes. Additional items may be added to this BPA that are related to the use of an IFA system and related services.

1.4 BPA ORDERS: The Government is obligated only to the extent of authorized BPA Delivery Orders (DO) issued under the BPA by authorized individuals. DO’s shall be identified by the BPA Number, 36C26219AXXXX (TBD), and DO Number 36C26219NXXXX(TBD). DO’s may include options, if it is determined that options would be in the best interest of the Government. Any DO issued during the effective term of this BPA shall be accepted and completed by the contractor within the time specified in the DO, including all option years. The contractor shall accept the price, terms and conditions of an issued DO as long as they do not conflict with the terms set forth in the BPA.

Designated primary facility Point of Contact’s (POCs) shall place orders against valid DO’s signed by the CO. POCs may coordinate delivery quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions.

1.5 PARTICIPATING FACILITIES: (Additional Facilities within VISN 22 may be added to this agreement with an exercise of a supplemental agreement between the CO and Contractor.

*** At this time, GLA is the only active participating facility.

1.5.1 VA Greater Los Angeles Healthcare System | 11301 Wilshire Blvd, Los Angeles, CA 90073 (GLA)

1.5.2 VA Loma Linda Healthcare System | 11201 Benton Street Loma Linda, CA 92357 (LL)

1.5.3 VA San Diego Healthcare System | 3350 La Jolla Village Dr, San Diego, CA 92161 (SD)

1.5.4 VA Long Beach Healthcare System | 5901 E. 7th Street, Long Beach, CA 90822 (LB)

1.5.5 New Mexico VA Healthcare System | 1501 San Pedro SE, Albuquerque, NM 87108 (NMVAHCS)

1.5.6 Northern Arizona VA Healthcare System | 500 HW 89N, Prescott, AZ 86113 (NAVAHCS)

1.5.7 Phoenix VA Healthcare System | 650 E Indian School Road, Phoenix, AZ 85012 (PVAHCS)

1.5.8 Southern Arizona VA Healthcare System | 3601 S 6th Ave., Tucson, AZ 85723 (SAVAHCS)

1.6 BPA PROGRAM MANAGER: The Contractor shall provide a primary BPA Program Manager who shall be responsible for the performance of the work under the BPA. In addition, the Program Manager shall act as the main focal point of communication between the Contracting Officer and the Contractor. The name of this person shall be designated in writing to the Contracting Officer. The Program Manager shall have full authority to act on behalf of the Contractor on all contractual/BPA matters relating to daily operation of the BPA.

Company Name:

Address:

Phone No:

Fax No:

Contact Name:

Email:

1.7 ORDERING CONTRACTS: The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities shall place orders. Additional tables may be inserted, if needed.

Company Name:

Address:

Phone No:

Fax No:

Contact Name:

Email:

1.8 DELIVERY: The Contractor shall deliver all supplies and services identified in Attachment B to the locations identified in Section B.1.5, Participating Facilities. The delivery location is subject to change as required by the designated authority or authorized personnel at the receiving facility. The primary facility POC shall be required to notify the Contractor when delivery locations have been changed.

All deliveries shall be accompanied by a delivery ticket or sales slip which shall contain: Contractor name, BPA number, DO number, VA Obligation number, date of order, date of delivery, itemized list of products furnished, including product description and quantity shipped.

All deliveries shall be made during normal working hours from 8:00 a.m. to 4:00 p.m., unless specified otherwise. Standard orders shall be delivered within no more than four (4) working days after receipt or placement of order. Emergency deliveries may be necessary on rare occasions and may occur outside of working hours from 4:00 p.m. to 8:00 a.m. Under emergency occurrences, The contractor shall deliver to the Government site in the most expeditious manner possible without additional cost to the Government, unless expedited shipping/delivery is approved by the primary facility POC, Contracting Officer or other authorized individual. The Contractor shall provide an emergency point of contact, if different from the standard points of contacts.

No product substitutions shall be made by the Contractor without prior approval of the treating facilities primary POC. However, if substitution would further obligate the Government, the Contractor shall have approval of a warranted CO.

1.9 PACKAGING: All supplies shall be adequately packaged to prevent damage during shipping, handling and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products at the Contractor’s expense.

1.10 INVOICE AND PAYMENT: An itemized invoice shall be submitted per order, monthly or upon expiration of this BPA, whichever occurs first. Invoices shall be submitted to WWW.TUNGSTEN-NETWORK.COM in accordance with FAR Part 52.232-33, Payment by Electronic Funds Transfer and Veterans Affairs Acquisition Regulation (VAAR) Part 852.232-72.

The following information shall be listed on all invoices submitted: (failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor).

a. Facility’s Name and address where service was provided

b. BPA Number 36C26218A0021

c. Purchase Order Number (For Example: 36C26218JXXXX)

d. Obligation Number (For Example: 600-C77001)

e. Itemized list of products provided, to include quantity, unit price and extended price

f. Include the period of time that is being invoiced for in the invoice

g. BPA Holder’s Internal Contract number (if applicable)

h. Contractor company name, address, and phone number including a POC for concerns and questions, Invoices shall name a specific person, the phone number and email

In the event of an inconsistency between the terms and conditions of this BPA and the Contractor’s invoice, the terms and conditions of this BPA will take precedence.

1.11 BPA REVIEW: The Contractor shall conduct a complete BPA review with the CO, at least annually, and as requested by the CO, to ensure the BPA terms and conditions are being met, analyze and project item ordering trends, and discuss all other actions that are within the scope of this BPA.

2. SUPPLIES AND SERVICES

Brand Name or Equivalent to IFA Imaging System

2.1 INSTRUCTIONS FOR ATTACHMENT B: This section shall comprise the BPA Schedule. Delivery Orders may be placed/obligated against items within the BPA Schedule. [See Addendum 52.212-1 for instructions for completing Attachment B under Section C]

(NOTE: THIS SECTION IS BEST ARTICULATED WITH ATTACHMENT “B” READILY ACCESSIBLE)

2.1.1 VISN Total Est. Test Volumes- Tab 1 of Attachment B shall provide pricing for the following:

2.1.1.1 This tab shall provide information concerning Test Descriptions, Part Numbers (if applicable), Reagent Price, Intrument Price, and Service/Maintenance Price.

2.1.1.2 Upon award, additional items may be added to this section under a supplemental agreement between Contractor and the Government.

2.1.1.3 Items priced in this tab may be leased or purchased via individual delivery orders for clinics identified in this BPA.

2.1.1.4 Columns H-V, Rows 5-7 is brokwn down by base year or option year for estimated test volumes, No. of Controls, and the Est. 5% Repeat Rate.

2.1.1.5 The number of controls is based off each slide’s sample capacity. Each slide will require one positive and one negative control. There will be 12,000 samples requested for ANA screen per year. A positivity test of 15% and a tiering up to 1:2:560 or best practice recommendation from the contractor should be used to calculate annual volume based on vendors work-flow.

2.1.1.6 Column W, Rows 5-7 combines the VISN 22 Estimated 5-Year test total for each test including ANA Screen, ANCA Ethanol (ANCAE), and ANCA Formalin (ANCAF).

2.1.2 Facility Est. Test Volumes- Tab 2 of Attachment B:

2.1.2.1 This tab shall provide information concerning each facility’s minimum test throughput per hour for the IFA system.

2.1.2.2 Columns D-F contains the annual volume estimates for ANA Screen, ANCA Ethanol, and ANCA Formalin. A tiering up to 1:2:560 or best practice recommendation from the contractor should be used.

2.1.2.3 Columns G-H are available if additional testing is required.

2.1.2.4 At this time, GLA is the only participating facility. Any future participating facilities shall require a supplemental agreement between the CO and the contractor based on the individual facility’s estimated volumes. No other estimated volumes are available at this time.

2.1.3 Consumables- Tab 3 of Attachment B:

2.1.3.1 This tab shall be used to describe any consumables compatible with the IFA system. (Example: ANA Screen.)

2.1.3.2 Columns B-F shall be used to provide the consumable product name, Part No., packing configuration, volumes per bottle, and No. of uses per bottle.

2.1.3.3 Columns G-K shall be used to provide the cost, cost per use, yearly cost, volumn per use and frequency of use.

2.1.3.4 Columns L-N shall contain the storage condition, shelf life from date of manufacture, and open bottle stability.

2.1.4 Service-Tab 4 of Attachment B:

2.1.4.1 Cells B2-D2 describes the participating facilities, the required service option, and the annual service price.

2.1.4.2 The Contractor shall provide the annual service price.

2.1.4.3 See Cells B8-D8 for VA Greater Los Angeles Healthcare System (VAGLAHS) requirements.

2.1.5 List of Equipment Per Facility-Tab 5 of Attachment B:

2.1.5.1 The purpose of this tab is to describe the instrumentation, additional equipment/accessories, and software required for the IFA system.

2.1.5.2 Columns B-E, provide the make and model of the instrumentation and equipment per facility.

2.1.5.3 Column E shall identify the discounted instrument price. Provide the purchase price to be used if the VA elects to buyout the instrument.

2.1.5.4 Provide list of instrumentation for VAGLAHS in Cells B19-D22. An example is provided in Attachment B.

2.1.6 Additonal Pricing Sheet-Tab 6 of Attachment B:

2.1.6.1 This tab is available for any additional pricing that may be required. This tab is optional.

3. STATEMENT OF WORK

SEE ATTACHMENT A

CONTRACT ADMINISTRATION DATA

3.1 Hours of work

3.1.1 The BPA shall include five day a week, 8 hours a day full service agreement to include all necessary service calls. After hours and weekends service are chargeable as per Supplies or Service and Prices/Costs section herein, Schedule of Labor Charges and Replacement Parts. Contractor may offer differing times for the service agreement, but may not reduce the availability of time by no more than two hours from the above stated times.

3.1.2 Any service performed during other than normal work hours must be approved in advance by the facility or CO.

3.1.3 Holidays: Only emergency service shall be provided on National Holidays and only if authorized by the CO in advance as approved in the delegation of authority. The rates shall be chargeable as per Supplies or Service and Prices/Costs section herein, Schedule of Labor Charges and Replacement Parts.

3.1.4 When a National Holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a National Holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

SECTION C - CONTRACT CLAUSES AND PROVISIONS

C.1 52.212-1 INSTRUCTIONS TO OFFERS (Addendum)

1. INSTRUCTIONS FOR COMPLETING ATTACHMENT B: An estimated volume of tests required by VISN 22 is provided in Attachment B, Test Schedule and Volumes. Pricing shall be based on the estimated test volume listed for each test. The Government estimates the volumes listed in the attached spreadsheet per facility, but does not guarantee volumes as listed; they are estimates ONLY.

Attachment B, Test Schedule and Volumes, shall be completed by the Contractor as part of their quote. Failure to complete Attachment B, Test Schedule and Volumes, will result in a non-responsive quote. All editable cells are highlighted in GREEN. Do not leave any GREEN cells blank. Please input “N/A” in GREEN cells that are not applicable to your quote. All other cells are locked and shall not be edited by Contractors.

a. “Price List and Est Volumes” Tab – The requested tests are listed in Column B. The Contractor shall input their identifying part number in Column C. The Contractor’s shall input the CPT price per unit of each test listed in Column D. This price shall include the amortized price of the System described in the SOW, the amortized price of the System service, price of the reagent, test kits, consumables, supplies and all other items required to complete the test. Contractors are required to indicate the test quantity required to meet “Tier 2” and “Tier 3” discounts and input the respective tiered discount prices in Columns E and F.

b. “List of Equipment Per Facility” Tab – Contractors shall provide the quoted equipment/instrument name and model number in Column C, to include the IFA Imaging instrument for VAGLAHS.

c. “Additional Pricing Sheet” Tab – Contractors may input other tests that the quoted System can perform that are outside of the requirements stated within this solicitation. The Contractor shall list the test in Column B, provide the part number in Column C (if applicable), and input the CPT price in Column D based on an estimated number of 1000 tests per year. The items and prices listed within the “Additional Pricing Sheet” tab may be added to the BPA via a supplemental agreement between the Contractor and the Government, if the need arises.

(End of Addendum to 52.212-1)

C.2 52.212-2 EVAUATION- COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical acceptability shall be established by review of each submitted quote, attachments, and/or information by the designated technical evaluator/s and verification that any “brand name” or “equal to items" meets the statement of work included in this solicitation. No other rating or quantitative value other than acceptable or unacceptable will be assigned.

Once technical acceptability has been established, the Contracting Officer shall award to the lowest price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) C.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) 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 eligible under the WOSB Program.

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.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 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 product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 its stock 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 the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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.

(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 SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website access through http://www.acquisition.gov. After reviewing the SAM 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.

(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 that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

(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 offeror represents 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 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.

(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, 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 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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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.

(9) 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:

(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 a 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) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; 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 parts 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.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—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—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—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—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, Panamanian, 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—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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[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—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—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 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—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 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—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(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 statute. 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). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) [ ] 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;

(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 $3,500 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. 6320 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. 6159. 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).

(1) Listed end products.

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.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United…