ER Physician Assistant 6 Jul 12.doc

Section SF 1449 - CONTINUATION SHEET

ER Physician Assistant

FFP

ER Physician Assistant service performed in accordance with Performance Work Statement. Base year period of performance: 1 Oct 12 - 30 Sep 13

FOB: Destination

NSN: Q999-P1-PHY-CIAN

PURCHASE REQUEST NUMBER: F2P4MD2128A002

NET AMT

FFP

ER Physician Assistant service performed in accordance with Performance Work Statement. Base year period of performance: 1 Oct 13 - 30 Sep 14

FOB: Destination

NSN: Q999-P1-PHY-CIAN

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2013

TSGT CANDICE BOYKIN

48 MDG -F2P4MD

BUILDING 930

RAF LAKENHEATH

SUFFOLK

IP27 9PN UNITED KINGDOM

01638528986

F2P4MD

30-SEP-2014

TSGT CANDICE BOYKIN

48 MDG -F2P4MD

BUILDING 930

RAF LAKENHEATH IP27 9PN

01638528986

F2P4MD

52.212-1 AND ADDENDUM

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

ADDENDUM TO 52.212-1 -- Instructions to Offerors -- Commercial Items (Feb 2012)

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factor or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Complete the necessary fill-ins and certifications in provisions/clauses. The provisions/clauses FAR 52.212-3, 52.209-5, 52.223-3, 252.212-7000 and 252.212-7001 shall be returned along with the proposal.

In addition to the factors and subfactors below, the offeror shall provide requirements described in Performance Work Statement (PWS) sections 4.3.1 and 4.3.2 for public health clearance and credentialing in-order to begin performance. The proposal shall consist of two (2) separate factors and four (4) subfactors;

Factor 1 - Technical Capability

Subfactor 1 – Licensure

Subfactor 2 – Certifications

Subfactor 3 – Education

Subfactor 4 – Past Experience

Factor 2 - Price

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists. No additional cost information will be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit uncertified cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

FACTOR 1 – TECHNICAL CAPABILITY - Limited to no more than 30 pages to include attachments. Submit original and three (3) copies or original only if submitted electronically. Any attachments provided by the Contracting Office does not count toward the limit.

SUBFACTOR 1 - Licensure: Submit a vetted license to practice as a Physician Assistant from a US State Board of Medicine..

SUBFACTOR 2 - Certifications: Contractor shall submit current certification in:

1. Basic Life Support (BLS),

2. Advanced Cardiac Life Support (ACLS)

3. Pediatric Advanced Life Support (PALS)

SUBFACTOR 3 – Education: Prospective contractor must submit valid documentation/diploma showing that they have graduated from an approved school and completed an appropriate physician assistant training program acceptable to the US Air Force Surgeon General. Must hold a Masters degree as a Physician Assistant and completed an emergency medicine physician assistant fellowship.When the candidate graduates from a foreign medical school, proof of Foreign Medical Graduation exam passing must be provided.

SUBFACTOR 4 - Past Experience: Contractors must submit at least two (2) years of recent and relevant past experience within the last thirty-six (36) years. Recent is defined as experience acquired in the last thirty-six (36) years from the closing date of this solicitation. Not Relevant experience is defined as past/present experience effort that did not involve any of the magnitude of effort and complexities this solicitation required. Relevant is defined as past/present performance efforts involved much of the magnitude of effort and/or complexities this solicitation requires such as; contracts for ER Physician Services services as addressed in the PWS. Provide documentation of recent and relevant contracts or employment for government agencies and/or commercial customers.

FACTOR 2 – PRICE - Limited to no more than 10 pages to include attachments. Submit original and three (3) copies or original only if submitted electronically. Any attachments provided by the Contracting Office does not count toward the limit.

(a) Provide Discount Terms, Offeror Complete Address, Name, Date and Signature. Complete blocks 12, 17a and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Insert proposed unit and extended prices in the pricing schedule for each contract line item number (CLIN). The extended amount must equal the whole currency unit price multiplied by the number of units. The proposal must be submitted for base performance period plus one (1) option year. Provide discount terms when applicable.

(c) Price proposals can be submitted in either U.S. Dollars or Great British Pounds.

D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

(1) Requirements of the RFP (CLINs & PWS) and government standards and regulations pertaining to the PWS.

(2) Evaluation Factors for Award in provision 52.212-2, Evaluation—Commercial Items and its addenda.

(3) Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this solicitation provision will not be read or evaluated, and will be removed from the proposal.

E. Format for proposal Factor 1 and 2 shall be as follows:

(1) The proposals will be 8 1/2” x 11” paper, or European equivalent, except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”, or European equivalent.

(2) A page is defined as one face of a sheet of paper containing information.

(3) Typing shall not be less than 12 pitch.

(4) Elaborate formats, bindings or color presentations are not desired or required.

F. Further changes to the original clause 52.212-1.

(1) Paragraph 52.212-1(c), Period for Acceptance of Offers is tailored as follows: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

(2) Paragraphs 52.212-1(d) and 52.212-1(h) do not apply to this acquisition.

Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award.

General Information

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Offerors are encouraged to submit their proposal electronically to: sarah.gordon@lakenheath.af.mil AND darian.vomund@lakenheath.af.mil. To prevent alteration, it is encouraged .PDF files are utilized. Per 52.212-1(2)(i)(A), it is the offeror’s responsibility to ensure the proposal is sent to the correct Government email address. Please note that our email system has a 10 MB limit for attachments. Offerors may send their proposal using multiple emails and it is advised that number systems such as “email 1 of 4” are used so that if requested by the offeror, we can confirm receipt. The requirements for multiple copies do not apply to electronically submitted proposals.

Hand carried proposals must be delivered to the contracting office at Building 977, 1st Floor, RAF Lakenheath, United Kingdom, IP27 9PN or coordinated with the designated Contracting Specialists for pick-up at installation gate. Some delay should be anticipated when handcarying proposals. The sealed envelope or package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror.

Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

Proposals may also be mailed to:

48 Contracting Squadron

Unit 5070 Box 270

APO, AE 09461

Or

48 Contracting Squadron

Bldg. 977, Boston Dr.

RAF Lakenheath, Bandon, Suffolk IP27 9PN

(End of provision)

52.212-2 AND ADDENDUM

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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. All proposals must be based upon Firm Fixed Prices (FFP), FAR 16.202-1. The following factors and subfactors shall be used to evaluate offers:

FACTOR 1 - TECHNICAL CAPABILITY

Subfactor 1 - Licensure

Subfactor 2 - Certifications

Subfactor 3 - Education

Subfactor 4 - Past Experience

FACTOR 2 - PRICE

(b) Options. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option prices are not priced out or 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.

ADDENDA TO 52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

BASIS FOR CONTRACT AWARD: The award will be made to the vendor whose proposal represents the best value to the government. As allowed by FAR 15.101-2, the Lowest Price Technically Acceptable (LPTA) selection process shall be applied. Award will be made to the vendor who is deemed responsible and responsive that reflects a complete understanding of the Performance Work Statement (PWS) and represents the best value to the Government based on selection of the technically acceptable proposal with the lowest evaluated price for non-cost factors. To be eligible for award, a proposal must meet all technical requirements, conform to all required terms and conditions, and provide all information required. The technical area will be evaluated on an “acceptable” or “unacceptable” basis. The government‘s evaluation of offeror‘s will also include a past performance assessment. Under the LPTA source selection process, trade-offs are not permitted, proposals are evaluated for acceptability but not ranked using the non-cost/price factors, and exchanges with offerors may occur. If the proposal received is determined to be unacceptable, the vendor may be excluded from competition and may not be considered for award.

A. EVALUATION FACTORS FOR AWARD: Two (2) separate evaluation factors will be used to evaluate proposals: Factor 1- Technical Capability and Factor 2 - Price.

FACTOR 1 - Technical Capability proposal:

As a result of the government’s evaluation of the aforementioned technical sub-factors and all associated elements accordingly, a determination of acceptable or unacceptable will be assigned for this factor of Technical Acceptability using the following ratings and descriptions:

Technical Acceptable/Unacceptable Ratings

Acceptable

Proposal clearly meets the minimum requirements of the solicitation as identified in subfactors: Licensure, Certifications, Education and Past Experience. All sub-factors have passed the evaluation.

Unacceptable

Proposal clearly does not meet the minimum requirements of the solicitation. Each sub-factor must pass the evaluation in order for the technical factor to pass. Failure to address any sub-factor will deem an offer technically unacceptable.

The government will evaluate technical proposals and the below listed sub-factors on a pass/fail-basis, assigning ratings of acceptable, or unacceptable. An unacceptable rating for any of the below sub-factors will result in an unacceptable rating for this Technical Capability primary factor. Accordingly, under the LPTA source selection approach, offerors who receive an unacceptable rating for this factor, may not be considered for award. If any single area receives a rating of unacceptable, the entire plan will be rated as Unacceptable. Technical Acceptability shall be evaluated against the following sub-factors:

SUBFACTOR 1- Licensure: This subfactor is met when an offeror thoroughly, completely, and accurately submits all of the following criteria listed in this subfactor. Offeror will be evaluated on their ability to provide a vetted license to practice as a Physician Assistant from a US State Board of Medicine. The Government will verify licensure for validity and currency by contacting the issuing institution.

SUBFACTOR 2 - Technical Certifications: This subfactor is met when an offeror thoroughly, completely, and accurately submits all of the following criteria listed in this subfactor.

4. Basic Life Support (BLS),

5. Advanced Cardiac Life Support (ACLS)

6. Pediatric Advanced Life Support (PALS)

The Government will verify certifications for validity and currency by contacting the issuing institution.

SUBFACTOR 3 – Education: This subfactor is met when an offeror thoroughly, completely, and accurately submits all of the following criteria listed in this subfactor. Offeror will be evaluated on their ability to provide proof of current graduation from an approved school of medicine with a Masters degree as a Physician Assistant AND complete a fellowship in emergency medicine acceptable to the US Air Force Surgeon General. When the candidate graduates from a foreign medical school, proof of Foreign Medical Graduation exam passing must be provided. The Government will verify education for validity and currency by contacting the issuing education institution.

SUBFACTOR 5 - Past Experience: This subfactor is met when an offeror thoroughly, completely, and accurately submits documentation of at least two (2) continuous years of recent and relevant past experience within the last thirty-six (36) years. Recent is defined as experience acquired in the last thirty-six (36) years from the closing date of this solicitation. Not Relevant experience is defined as past/present experience effort that did not involve any of the magnitude of effort and complexities this solicitation required. Relevant is defined as past/present performance efforts involved much of the magnitude of effort and/or complexities this solicitation requires such as; contracts for ER Physician Assistant services as addressed in the PWS. Provide documentation of recent and relevant contracts or employment for government agencies and/or commercial customers.

FACTOR 2 - PRICE EVALUATION.

An offeror’s proposed prices will be verified by multiplying the quantities identified for each item number in the price schedule by the proposed unit price to confirm the extended amount for each price schedule item. The extended price, to include option year, for each item will be added together to arrive at a total evaluated price. As this requirement is a “commercial” service that will result in a “firm-fixed-priced” contract, a comparison of offeror’s proposed, competitive prices will satisfy the requirement for price analysis. The price evaluation will be accomplished by conducting price analysis to assess and compare proposed prices and reasonableness of the proposed total evaluated price as defined in FAR 15.404-1 and FAR 15.305.

Firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (FAR 16.202-1)

B. AWARD DETERMINATION: As a result of the Government’s aforementioned evaluation, only those offerors whose proposals are determined to be technically acceptable, and either initially or as a result of discussions, will be considered for award. No trade-offs will be permitted between price, and the non-price factor of technical capability. Upon completion of the Government‘s initial evaluation, Evaluation Notices (ENs) may be issued to offerors within the competitive range, if a competitive range has been established. Once discussions, if conducted, have been concluded, the contracting officer will request a Final Proposal Revision (FPR). Of those offerors found technically acceptable, the award will be made to the lowest priced offeror whose price is determined to be reasonable, realistic, and affordable.

Additional Information for Offerors:

Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors—Commercial Items. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past experience information or to resolve minor clerical errors). These communications will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision. The Government intends to award a contract without discussions with respective offerors. However, the Government reserves the right to conduct discussions if deemed in its best interest.

(end of provision)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.237-7010

252.237-7019 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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.

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 posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

[Offeror to identify the applicable paragraphs at (c) through (o) 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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as 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, for general statistical purposes, 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.

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

(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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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.

(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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror…