B08-Solicitation W81XAH21R0107.docx

W81XWH21R0107

Section SF 1449 - CONTINUATION SHEET

SYNOPSIS

Synopsis – Notice of Intent to Award Sole Source to College of American Pathologists (CAP)

Date: 01 October 2021

Year: 2021

Contracting Office Zip Code: 21702-9232

Classification Code – 541380

Contracting Office Address – US Army Medical Research Acquisition Activity, 820 Chandler Street, Fort Detrick, MD 21702-5014

Subject: Notice of Intent to Sole Source a Contract to College of American Pathologists (CAP) for vendor to provide annual subscription services for scheduled forensic proficiency tests at the Armed Forces Medical Examiner System, on Dover Air Force Base, DE.

Solicitation Number: W81XWH-21-R-0104

Closing Response Date: Notice of Intent – 15 October 2021. (Solicitation will be posted on 30 September 2021 – 15 October 2021).

Contact Point: Michael Baughman at michael.e.baughman.civ@mail.mil .

Contract Award Dollar Amount: NTE $55,000.00

Contract Award Date: Approx 18 November 2021

Contractor: College of American Pathologists (CAP)

Description: Annual Subscription Services for Scheduled Forensic Proficiency Tests

Place of Contract Performance – Dover, DE

Set-aside Status: Total Small Business

PWS AND QASP

PERFORMANCE WORK STATEMENT

For vendor to provide annual subscription services for scheduled forensic proficiency tests at the Armed Forces Medical Examiner System, Division of Forensic Toxicology on Dover Air Force Base, DE.

Period of Performance (POP:

Base Period: 18 November 2021 – 17 November 2022 First Option Period: 18 November 2022 – 17 November 2023 Second Option Period: 18 November 2023 – 17 November 2024 Third Option Period: 18 November 2024 – 17 November 2025 Fourth Option Period: 18 November 2025 – 17 November 2026

TABLE OF CONTENTS

SECTION TITLE

1.0 GOVERNMENT STATEMENT OF OBJECTIVES

2.0 BACKGROUND

3.0 QUALITY MANAGEMENT

4.0 PERFORMANCE OBJECTIVES

5.0 ADMINISTRATION

6.0 QUALITY ASSURANCE SURVEILLANCE PLAN

1.0. GOVERNMENT STATEMENT OF OBJECTIVES

1.1. PURPOSE: Enroll in annual forensic proficiency testing in support of the Division of Forensic Toxicology (DFT) of the Armed Forces Medical Examiner System (AFMES). Proficiency tests are required to maintain accreditation by the American Board of Forensic Toxicology (ABFT). Furthermore, ABFT specifies that forensic labs use the College of American Pathologists (CAP) proficiency testing program.

1.2. SCOPE: Proficiency tests will be ordered by AFMES personnel from an approved vendor and scheduled to allow the proficiency tests to be spread throughout the year. Staggered scheduling prevents casework delays that would occur if proficiency tests arrived all at one time. The Forensic Urine Drug Testing Confirmatory (UDC) survey is sent quarterly; while the others are sent 3 times per year. Test will be performed for assigned analysts and results sent back to the approved vendor for final analysis and results.

DFT personnel will order proficiency tests by December 1 for the upcoming calendar year. DFT will subscribe to 4 proficiency testing surveys: Forensic Toxicology, Criminalistics (FTC), Toxicology (T), Forensic Urine Drug Testing, Confirmatory (UDC), and Whole Blood Alcohol/Ethylene Glycol/Volatiles (AL1). CAP establishes a shipping schedule for each survey which is staggered throughout the calendar year. Once received, each survey sample is analyzed by DFT personnel and the results are submitted to CAP prior to the established deadline. CAP provides a summary report including an evaluation of DFT’s results and comparative statistics for all proficiency testing surveys.

2.0. BACKGROUND: The primary function of DFT is to support the AFMES by providing forensic toxicology testing and consultation for medical examiner investigations. In addition, the laboratory provides toxicology analysis on blood and urine specimens for personnel involved in aviation incidents, aircrafts mishaps, Naval Criminal Investigative Service (NCIS), the Air Force Office of Special Investigations (AFOSI), and the Army Criminal Investigation Command (CID) investigations. In order to demonstrate both technical and professional credibility to DoD clients, regulators and the courts, the DFT must maintain accreditation through the ABFT. The ABFT accreditation committee mandates that forensic laboratories must subscribe to CAP proficiency testing annually.

3.0. QUALITY MANAGEMENT:

3.1. The Contractor shall have a planned and systematic quality management process for monitoring and analyzing its contract performance.

3.2. INSPECTION: The inspection and acceptance point for all services rendered under this contract will be the Contracting Officer’s Representative (COR). The performance by the contract personnel, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the COR.

4.0. PERFORMANCE OBJECTIVES: Approved vendors will ship ordered tests in a timely manner according to the schedule requested. Vendor will provide final analysis and results to AFMES in accordance with prescribed company guidelines by fax, mail, courier, or online.

5.0. ADMINISTRATION:

5.1. The COR will be the Contracting Officer’s (KO) authorized representative in administering the contract. The contract’s representative shall be available to discuss any problems that the contractor’s personnel may be experiencing during the performance of this contract. Problems experienced by the Government with the contractor’s performance will be discussed and resolved. Unresolved problems will be referred to the KO for resolution.

Contracting Officer (KO):

USAMRAA Phone:

Email:

Contract Specialist (CS): Michael Baughmen USAMRAA Phone: 301-619-2315 Email: michael.e.baughman.civ@mail.mil COR: LCDR Erick RomanAFMES Phone:

Email: erick.romanperez.mil@mail.mil

5.2. CONTRACTOR MANPOWER REPORTING. “ACCOUNTING FOR CONTRACT SERVICES: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractoris required to completely fill in all the information in the format using the following web address https://cmra.army.mil. The required information includes: (1) Contracting Office, KO, KO’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractor); (6)Estimated direct labor dollars paid this reporting period (including sub-contractor); (7) Totalpayments (including sub-contractor); (8) Predominant Federal Service Code (FSC) reflecting servicesprovided by contractor (and separate predominant FSC for each sub-contractor if different); (9)Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity(the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes ofreporting this information); (10) Locations where contractor and sub-contractors perform the work(specified by zip code in the United States and nearest City, Country, when in an overseas location, usingstandardized nomenclature provided on website); (11) Presence of deployment or contingency contractlanguage, and, (12) Number of contractor and sub-contractor employees deployed in theater this reportingperiod (by country). (13) As part of its submission, the contractor will also provide the estimated totalcost (if any) incurred to comply with this reporting requirement. Reporting period will be the period ofperformance not to exceed 12 months ending September 30 of each government fiscal year and must bereported by 31 October of each calendar year. The contractor shall notify the KO’s Representative (COR)by the 5th working day of November whether or not they have completed this report. If the COR isunavailable, the contractor will notify the KO."

AFMES UIC = W03K06 DODAAC = W56DNH

6.0. QUALITY ASSURANCE SURVEILLANCE PLAN

6.1. PLAN OBJECTIVE: This plan provides a quality surveillance strategy for annual subscription services for scheduled forensic proficiency tests at AFMES. The primary purpose of this plan is to provide a basis for the government’s evaluation of the contractor’s key areas of performance under this contract. The KO, in conjunction with input provided by the COR, will evaluate the contractor’s performance. Oversight of the contractor’s performance will assure quality and consistency of contract performance.

6.2. PERFORMANCE MEASUREMENT OBJECTIVE: The key area(s) of the Contractor’s performance that will be evaluated during the term of the contract. The performance work statement reference will be provided for each performance measurement objective.

6.3. ASSESSMENT METHOD: Contractor performance is inspected periodically. Method of surveillance is passive by customer feedback.

6.4. ACCEPTABLE QUALITY LEVEL (AQL): The degree to which the Government will allow the contractor’s key areas of performance to vary; the variance from the standard that the contractor is allowed and the grading/measurement associated with deviation from the specific performance standard.

6.5. KEY AREAS OF PERFORMANCE (Performance Requirement Summary):

6.6. CONTRACTOR PERFORMANCE ASSESSMENT REPORT. This report shall be submitted to the KO annually by the COR, or upon exception.

6.7. RE-PERFORMANCE OF SERVICES. If any of the services do not conform to contract requirements, the Government will require the contractor to re-perform the services in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected due to circumstances, 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. The KO may exercise appropriate contractual remedy should the contractor fail to promptly take the necessary action to ensure future performance is in conformity with contract requirements. When apparent non-satisfactory work is identified, the COR shall prepare a Contract Discrepancy Report (CDR) and submit to the KO for review, see attached for CDR form. The Contractor shall then be required to respond to the CDR. The Contractor shall explain reasons for substandard performance, how performance will be returned to acceptable levels, and how recurrence of the same or like problems will be prevented. The KO will evaluate the Contractor's explanation, assess its validity, and determine whether it is acceptable.

The contractor shall be required to correct/eliminate any deficiencies in services in a timely manner. Notification begins when pertinent documents (e.g., Customer Complaint Record or CDR) are issued to the contractor. Time of notification and correction of all applicable deficiencies should be entered on all Government documents and retained in the contract file. The Government may execute a deduction in payment for non-compliance when validated by the KO.

CONTRACTOR IDENTIFICATION

CONTRACTOR IDENTIFICATION (USAMRAA) (May 2015)

When contractor personnel perform the services required in this contract (on a Government installation, facility and/or government leased site), they are required to possess and wear an identification badge that displays his or her name and the name of the Company. The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

While performing in a contractor capacity, contractor personnel shall refrain from using their retired or reserve component military rank or title in all written or verbal communications.

OCOI

ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCOI)

a. It is recognized by the Government that the effort performed by the contractor under this contract is of a nature that it creates a potential organizational conflict of interest as is contemplated under the Federal Acquisition Regulation Subpart 9.5.

b. An organizational conflict of interest may result when factors create an actual or potential conflict of interest on a contract, or when the nature of work of the work to be performed on the contract creates an actual or potential conflict of interest on a future acquisition. Some restrictions on future activities of the contractor may be required.

c. In the performance of this contract, the contractor may have access to data which is procurement sensitive or is proprietary to other companies, Government consultants or advisors, or the Government. The contractor agrees that he will not utilize such procurement sensitive or proprietary data in performance of future competitive contracts, for studies in the same field, procured either through sealed bids or competitive negotiations unless authorized by the contracting officer.. The contractor further agrees not to act as a subcontractor or consultant to any other prime contractor or subcontractor seeking to utilize such data.

d. The contractor will include the provisions of paragraphs a and b in every first tier subcontract for performance of any portion of this requirement.

INVOICING/BILLING INSTRUCTIONS

Contractor Information:

CONTRACTOR NAME HERE

Contractor POC: College of Ameerican Patholigists (CAP)

Contract Administration POC:

POC: Michael Baughman

USMARAA – SB3

820 Chandler Street Fort Detrick, MD 21702 Tel. 301-619-2315 michael.e.baughman.civ@mail.mil

Requiring Agency POC:

POC: TBD

AFMES - Armed Forces DNA Identification Laboratory 115 Purple Heart Drive Dover AFB, DE 19902 Tel. TBD

Contract Instructions

1. ORDERING INSTRUCTIONS:

The following offices are authorized to place orders under this IDIQ contract:

1. US Army Medical Research Acquisition Activity (USAMRAA)

1. Armed Forces DNA Identification Laboratory (AFDIL)

For the purchase of supplies at any value (within the limitations of the IDIQ contract terms), Purchasing Agents and Contract Specialists assigned to USAMRAA are authorized to place Delivery Orders against this contract at the request of the requiring agency (AFDIL). After the Delivery Order is executed by a USAMRAA contracting officer, the contractor will receive an electronic copy of the Delivery Order via email.

Each Delivery Order will include the following information:

1. Order date

1. Contract number and Delivery Order number

1. CLIN, quantity, and price of supplies being ordered

1. Delivery schedule

1. Shipping instructions

1. Accounting and appropriation data

1. Method of payment

For purchases of supplies less than or equal to $25,000.00; individual Call Orders may be placed by the requiring agency’s (AFDIL) authorized government purchase card holder. Call Orders will be placed via telephone and paid by credit card. Call Orders must specify the following information:

1. Order date

1. Contract number and Call Order number

1. CLIN, quantity, and price of supplies being ordered

1. Delivery schedule

1. Shipping instructions

1. Payment information

The requiring agency will provide the Contract Administration POC quarterly reports detailing the Call Orders placed against this contract during the quarter.

1. INVOICE AND PAYMENT INSTRUCTIONS:

All Orders will be paid by Government Purchase Card (GPC).

Delivery Orders issued by USAMRAA will be invoiced and paid IAW the Electronic Invoicing and Payment Clauses. The contractor will enter the Invoice and Receiving Report COMBO into the Wide Area Workflow (WAWF) following the instructions included in the electronic invoicing and payment clauses. The contractor must notify the Contract Administration POC and the Requiring Agency POC promptly after invoices are submitted.

Reference the following clauses for electronic payment instructions:

DFARS 252.232-7003, “Electronic Submission of Payment Requests and Receiving Reports” USAMRAA 52-004-4005, “Army Electronic Invoicing Instructions”

Questions regarding orders or payments should be directed to the Contract Administration POC. Questions regarding payment may be directed to DFAS – Rome, NY; 1-800-553-0527 or faxed to 1-877-575-3332 (see Block 18a) of this order.

Base Yr: Reagents for Proficiency Tests

FFP

Base Year: Reagents for Proficiency Tests and Accreditation

1) DNAF, DNA Database Test

2) PARF AABB CAP Parentage Testing

3) AL1 (Whole Blood Alcohol/Ethylene Glycol/VVolatiles) and 4) FTC (Forensic Toxicology, Criminalistics)

FOB: Destination

PSC CD: Q301

NET AMT

FFP

Option Year 1: Reagents for Proficiency Tests and Accreditation

1) DNAF, DNA Database Test

2) PARF AABB CAP Parentage Testing

3) AL1 (Whole Blood Alcohol/Ethylene Glycol/VVolatiles) and 4) FTC (Forensic Toxicology, Criminalistics)

NET AMT

FFP

Option Year 2: Reagents for Proficiency Tests and Accreditation

1) DNAF, DNA Database Test

2) PARF AABB CAP Parentage Testing

3) AL1 (Whole Blood Alcohol/Ethylene Glycol/VVolatiles) and 4) FTC (Forensic Toxicology, Criminalistics)

NET AMT

FFP

Option Year 3: Reagents for Proficiency Tests and Accreditation

1) DNAF, DNA Database Test

2) PARF AABB CAP Parentage Testing

3) AL1 (Whole Blood Alcohol/Ethylene Glycol/VVolatiles) and 4) FTC (Forensic Toxicology, Criminalistics)

NET AMT

FFP

Option Year 4: Reagents for Proficiency Tests and Accreditation

1) DNAF, DNA Database Test

2) PARF AABB CAP Parentage Testing

3) AL1 (Whole Blood Alcohol/Ethylene Glycol/VVolatiles) and 4) FTC (Forensic Toxicology, Criminalistics)

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

17-NOV-2022

W03K AFME SYSTEM

115 PURPLE HEART DRIVE

DOVER AIR FORCE BASE DE 19902

302-346-8648

W56DNH

17-NOV-2023

W56DNH

17-NOV-2024

W56DNH

17-NOV-2025

W56DNH

17-NOV-2026

W56DNH

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (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"--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“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 the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

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

“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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(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 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 (c)(10)(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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(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) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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:

[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) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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:

(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.

Other Foreign End Products:

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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:

(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:

(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:

(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; and

(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 the threshold at 9.104-5(a)(2)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. §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 appear 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. §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. §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). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(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…