MC T_Combined_Synopsis_Conformed_through_Amendment_0001.docx

Streamlined Solicitation Medical Coding and Training (MC&T)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. Additionally, the Government will utilize simplified procedures in accordance with Subpart 13.5. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

(ii) The solicitation number is FA5613-13-R-0001, and the solicitation is issued as a request for proposal (RFP).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-64.

(iv) This is not a set-aside. The North American Industry Classification System (NAICS) code for this solicitation is 541611

(v) The USAFE CONS Specialized Flight has a requirement to purchase Medical Coding and Training Services (MC&T) for ten Medical Treatment Facilities (MTF) in Europe. The Contractor shall provide non-personal coding services on site at Aviano Air Base (AB), Incirlik AB and Royal Air Force (RAF) Lakenheath. For Ramstein AB, Geilenkirchen AB, and Spangdahlem AB, remote coding of billable encounters shall be accomplished by the Contractor on-site at Aviano AB. For RAF Croughton, RAF Menwith Hill, RAF Upwood, and Lajes Field, remote coding of billable encounters shall be accomplished by the Contractor on-site at RAF Lakenheath. This is for the base period of 12 months that will start between 16 Sep 2013 and 2 Oct 2013. The base period includes a 30 day phase-in period. The period of performance will include four one year option periods. Offerors shall use the pricing schedule below, which includes all contract line item numbers (CLINs), quantities and units of issue, to fill in all unit prices and total amount blocks for the base period and all option periods.

Base Period

0001 12 Months __________ ___________ Medical Coding and Training Services and Mobilization / Phase-In IAW the Performance Work Statement (PWS)

This is a Cost Reimbursable CLIN. Contractor employees may be required to travel. Any related travel costs authorized in accordance with PWS, Paragraph 6.0, shall be cost reimbursable. The estimated cost for this line item shall be a not to exceed (NTE) amount of $160,000.00. Cost reimbursable travel expenses shall not include profit or fee. For purposes of this solicitation, this amount will be added to all proposals.

Total for Base Period, CLINs 0001 through 0002: USD_______________ First Option Period

This is a Cost Reimbursable CLIN. Contractor employees may be required to travel. Any related travel costs authorized in accordance with PWS, Paragraph 6.0, shall be cost reimbursable. The estimated cost for this line item shall be a not to exceed (NTE) amount of $160,000.00. Cost reimbursable travel expenses shall not include profit or fee. For purposes of this solicitation, this amount will be added to all proposals.

Total for First Option Period, CLINs 1001 through 1002: USD_______________ Second Option Period

IAW the Performance Work Statement (PWS)

This is a Cost Reimbursable CLIN. Contractor employees may be required to travel. Any related travel costs authorized in accordance with PWS, Paragraph 6.0, shall be cost reimbursable. The estimated cost for this line item shall be a not to exceed (NTE) amount of $160,000.00. Cost reimbursable travel expenses shall not include profit or fee. For purposes of this solicitation, this amount will be added to all proposals.

Total for Second Option Period, CLINs 2001 through 2002: USD_______________ Third Option Period

This is a Cost Reimbursable CLIN. Contractor employees may be required to travel. Any related travel costs authorized in accordance with PWS, Paragraph 6.0, shall be cost reimbursable. The estimated cost for this line item shall be a not to exceed (NTE) amount of $160,000.00. Cost reimbursable travel expenses shall not include profit or fee. For purposes of this solicitation, this amount will be added to all proposals.

Total for Third Option Period, CLINs 3001 through 3002: USD_______________ Fourth Option Period

This is a Cost Reimbursable CLIN. Contractor employees may be required to travel. Any related travel costs authorized in accordance with PWS, Paragraph 6.0, shall be cost reimbursable. The estimated cost for this line item shall be a not to exceed (NTE) amount of $160,000.00. Cost reimbursable travel expenses shall not include profit or fee. For purposes of this solicitation, this amount will be added to all proposals.

Total for Fourth Option Period, CLINs 4001 through 4002: USD_______________

Grand Total for All Periods, CLINS 0001 Through 4002: USD_______________

(vi) Attachment 1, Performance Work Statement (PWS), dated 4 Feb 2013 contains the description of the requirement for MC&T services to be performed at United States Air Force Europe (USAFE) MTFs, including the overall workload estimate to be performed in Appendix B of the PWS.

(vii) Place of performance and acceptance is on site at Aviano Air Base AB, Incirlik AB and RAF Lakenheath. For Ramstein AB, Geilenkirchen AB, and Spangdahlem AB, remote coding of billable encounters shall be accomplished by the Contractor on-site at Aviano AB. For RAF Croughton, RAF Menwith Hill, RAF Upwood, and Lajes Field, remote coding of billable encounters shall be accomplished by the Contractor on-site at RAF Lakenheath.

This is for the base period of 12 months that will start between 16 Sep 2013 and 2 Oct 2013. The base period includes a 30 day phase-in period. The period of performance will include four one year option periods.

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial Items (Feb 2012), applies to this acquisition.

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items (Feb 2012)

GENERAL INSTRUCTIONS:

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of three (3) separate volumes; Volume I – Technical Proposal, Volume II – Price Proposal, and Volume III – Past Performance. FAX and e-mail proposals will NOT be acceptable. By submission of its proposal the offeror agrees to an acceptance period until 31 Dec 2013.

All volumes shall be mailed to 700 CONS/USAFE CONS Specialized, Attn.: Mr. Justin Truitt/Mr. Benjamin Wood, USAFE CONS Specialized, Unit 3115, APO, AE 09021, if mailed from the United States. If proposals are hand delivered or mailed from Europe the address is: 700 CONS/USAFE CONS Specialized, Attn.: Mr. Justin Truitt/Mr. Benjamin Wood Kapaun Air Station Geb. 2767, 67661 Kaiserslautern, Germany. Hand delivered proposals shall be delivered to room number 320 and can only be accepted by Mr. Justin Truitt or Mr. Benjamin Wood. All emailed proposals must be sent to justin.truitt.1@us.af.mil and benjamin.wood.8@us.af.mil. Proposals must be received no later than 1600 Central European Time (CET) 29 Mar 2013. Offerors are required to verify receipt of any mailed or delivered proposal with the contracting point of contact. E-mail submissions are subject to size and type restrictions (typically limited to less than 2 megabyte in size and only non-executable attachments such as .doc or .pdf files) as well as any other appropriate network security measures. It is the offeror's responsibility to verify the e-mail was received and can be viewed with the contracting point of contact as listed in paragraph 1.8 below.

Access to Base Facilities: USAFE CONS Specialized is located on an Air Force installation and all access to the installation is controlled by the Army. Official Government identification will be required to access the base. Any delay based on access will not be accepted as a reason for late receipt of the proposal by the Government.

Evaluation factors and standards: The addendum to FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS (JUNE 2008) provides information on the format and content of the proposal package and what items need to be submitted for each volume. The FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS (JAN 1999), provides a complete description regarding the evaluation factors for award.

High probability of adequate price competition: The Contracting Officer (CO) has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination. If adequate price competition exists, certified cost and pricing data will not be required. However, offerors may be required to submit information to the extent necessary for the CO to determine the reasonableness of the price.

The offeror shall apply all appropriate markings to the proposal including those prescribed in FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

Point of Contact (POC): The Contracting Officer (CO), Mr. Justin Truitt, is the primary POC for this acquisition. Address any questions you have only to the CO. Written questions concerning the solicitation may be sent to Mr. Justin Truitt, justin.truitt.1@us.af.mil and Mr. Benjamin Wood, benjamin.wood.8@us.af.mil. All questions must be submitted no later than 02:00 PM CET 15 Mar 2013.

SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS

The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitations set forth in this Section will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable.

Table 1.1 Proposal Organization

The page limitation for all volumes is inclusive of all material except: the front and back cover, title page, transmittal letters, tabs, and table of contents. When both sides of a page display printing, it shall be counted as two (2) pages. No material may be incorporated by reference. Each volume shall contain a table of contents. Tab indexing shall be used to identify sections.

All volumes shall contain pages 8 ½ X 11 inches (or European equivalent, DIN A4) and text using no smaller font size than 10 pitch, Times New Roman, and minimum one inch margins. Elaborate formats, bindings or color presentations are not desired or required.

If there are any discrepancies or conflicts between the original, copies, or electronic version, the original takes precedence.

This addendum replaces the below referenced paragraphs of the clause as follows:

(b) The Offeror shall submit written documentation as follows:

(b)(4) TECHNICAL CAPABILITY (Factor 1)

General: Information the offeror deems appropriate to address the technical criteria should be included in the proposal in an orderly format and be consistent with the evaluation criteria for award set forth in the Addendum to FAR Clause 52.212-2 of this solicitation. Proposal paragraphs shall correspond to the below evaluation subfactors and pertinent Performance Work Statement (PWS) paragraphs (where referenced). To facilitate evaluation, the information contained in Volume I shall be specific, detailed, and clearly demonstrate that the offeror has a thorough understanding of the requirement for the accomplishment of this effort.

SUBFACTOR 1: Technical Approach –The Offeror shall describe, in detail, its technical approach and overall ability to perform Medical Coding and Training support services at USAFE MTFs. At a minimum the proposal shall:

1. Address the different coding requirements to include outpatient record coding, inpatient record coding, ambulatory procedure coding, emergency department coding, and inpatient professional rounds coding.

2. Address DOD and AF coding and coding systems to include Coding Compliance Editor (CCE), Composite Health Care System (CHCS), Ambulatory Data Module (ADM), Essentris, and Armed Forces Health Longitudinal Technology Application (AHLTA).

3. Address an approach to developing and conducting training to include, but not limited to: scheduled training, new-provider training, training on new policies and regulations, and coding/documentation improvement training.

SUBFACTOR 2: Experience – The Offeror shall submit written information which effectively demonstrates the Offeror’s relevant experience related to performing services contained within the PWS. This experience shall not be older than seven (7) years counted from the date set for receipt of proposals for this RFP and shall have been performed for at least one continuous year. The efforts submitted to demonstrate the offerors relevant experience in the areas below need not be for the same effort.

1. The proposal shall provide evidence of the Offeror’s particular experience (for this purpose, experience refers to what an Offeror has done, not how well it was accomplished) in performing medical coding and training.

2. The proposal shall provide evidence that the offeror has performed work on contracts in an OCONUS (Outside Continental United States) environment.

(b)(6) PRICE (Factor 2): Offerors shall insert a unit and extended price as identified in the pricing schedule in paragraph (v) above for each Contract Line Item Number (CLIN), the total amounts per period and the overall grand total. NOTE: Only United States Dollar (USD) currency offers will be accepted.

(b)(10) PAST PERFORMANCE (FACTOR 3): The offeror shall provide relevant and recent past performance on no more than five (5) contracts utilizing Attachment 3, Past Performance Questionnaire.

Relevant Past Performance Information. The offeror shall provide past performance information on previous and/or current contracts performing MC&T Services.

Recent Past Performance Information. The offeror shall provide past performance information on previous and/or current contracts for MC&T Services within the last five (5) years (from the date set for receipt of proposals).

If services were performed as a subcontractor, teaming partner, and/or joint venture state the overall contract value and associated subcontract value. In addition, the contractor shall provide past performance information on any subcontractor, teaming partners, and/or joint venture partner who is anticipated to perform twenty-five (25) percent or greater of the effort based on the total estimated cost, or who will perform efforts that are critical to the overall successful performance. The Government may consider to review individual past performance of joint venture partners. In order to facilitate the past performance assessment process a Subcontractor Consent Form, Attachment 4, shall be completed to allow the Government to discuss past and present performance information with the prime contractor during the selection process. The information for each contract or subcontract shall include the following:

1. Contracting Agency/Customer

1. Contract Number (for subcontracts, provide the prime contract number and subcontract number)

1. Contract Type

1. Total Contract Dollar Value per Year and/or Total Amount

1. Date of Award

1. Period of Performance

1. Description of Requirement

1. Contracting Officer’s Name or Commercial Customer Point of Contact, Telephone Number and E-mail address

Offerors will be evaluated on their past performance under recent and relevant contracts/subcontracts for support similar to this solicitation. Offeror shall ensure that Past and Present Performance Questionnaires are sent to no more than five (5) past performance references. A listing of these references shall be included in the Past Performance Volume. Contractors shall instruct their references to submit all questionnaires directly to the Contracting Officer (CO). The Government will utilize the Past Performance Questionnaire in addition to the contractor provided narratives to evaluate the quality and extent of offeror’s past performance. Additionally, the Government may contact references other than those identified by the offeror. The Government may also review the Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS) and/or other past performance information sources to obtain additional information that may be used in the evaluation of an offeror’s past performance.

The offeror shall also submit a Summary page containing the following:

i. Description of the role of the offeror and/or each subcontractor. Information for each current or previously performed contract with details to relevancy and recency.

ii. Consent Letters executed by each subcontractor. (Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent.) If applicable, provide with the proposal a letter from all subcontractors that will perform major aspects of the requirement consenting to the release of their past performance information to the prime contractor. (See Attachment 4 of the RFP: Subcontractor Consent Form).

(c) Period of acceptance of offers. The offeror agrees to hold the price in its offer firm until 31 Dec 2013.

The following paragraph is added:

(m) All terms, conditions, and provisions included in the solicitation shall be followed. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(ix) The provision at FAR 52.212-2, Evaluation – Commercial Items (Jan 1999), applies to this acquisition. Specific evaluation criteria contained in paragraph (a) of that provision are as follows:

52.212-2 Evaluation—Commercial Items (Jan 1999)

(a) The Government will award one contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) proposal with acceptable past performance. The Government may award without discussions, however, the Government reserves the right to conduct discussions if deemed in the Government’s best interest.

The Evaluation Factors are:

i. Factor 1- Technical

· Subfactor 1- Techincal approach

· Subfactor 2- Past Experience

ii. Factor 2- Price

iii. Factor 3- Past performance

(1) Factor 1- Technical. The Government's technical evaluation team shall evaluate the technical proposal(s) on an acceptable/unacceptable basis, as stated below:

Only those proposals determined technically acceptable will be considered for further evaluation. The proposal shall be evaluated against the following subfactors:

SUBFACTOR 1— Technical Approach: The Offeror shall demonstrate a clear understanding of the identified key areas as required in the Addendum to FAR 52.212-1 “Instructions to Offerors- Commercial Items” (Jun 2008). To be considered “Acceptable” the offeror will successfully demonstrate:

1. A comprehensive knowledge and understanding of the different coding requirements, to include outpatient record coding, inpatient record coding, ambulatory procedure coding, emergency department coding, and inpatient professional rounds coding.

2. A knowledge and understanding of DOD and AF coding and coding systems to include Coding Compliance Editor (CCE), Composite Health Care System (CHCS), Ambulatory Data Module (ADM), Essentris, and Armed Forces Health Longitudinal Technology Application (AHLTA).

3. A thorough approach to developing and conducting training to include, but not limited to: scheduled training, new-provider training, training on new policies and regulations, and coding/documentation improvement training.

SUBFACTOR 2—Experience: The Offeror shall effectively demonstrate their relevant experience as required in the Addendum to FAR 52.212-1 “Instructions to Offerors- Commercial Items (Feb 2012). To be considered “Acceptable” the offeror will successfully demonstrate:

1. Experience in performing medical coding and training within the last 7 years counted from the date set for receipt of proposals for this RFP and shall have been performed for at least one continuous year.

2. Experience on contracts in an OCONUS environment within the last 7 years.

(2) FACTOR 2—Price. All offeror’s proposed price will be determined by multiplying the quantities identified in paragraph (v) by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount and the total amount. Cost estimates for Government directed travel, set by the Government, will be included in the offeror’s total evaluated price. The total evaluated price will include all option periods. The price evaluation will document the reasonableness and completeness of the total evaluated price.

(i) Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected.

(ii) These correction procedures shall not be used to resolve any ambiguity concerning which offer is low.

(3) FACTOR 3 – Past Performance. Past Performance will be evaluated based on subjective assessment of how well the offeror performed on past recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1. Offeror must receive an Acceptable rating to receive an award. This rating is based upon offeror-provided information, or information obtained from any other sources of past performance information, indicating performance of same or similar to Medical Coding and Training Support Services as follows:

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

(i) The Past Performance information may be obtained from the following sources:

1. Reference List (Please see details in the Addendum to FAR 52.212-1).

1. Past Performance Questionnaires (PPQ).

1. Past Performance Information available from other sources such as Past Performance Information Retrieval System (PPIRS).

(4) Award Process: The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating. In accordance with 13.106-2(b)(3), the Government is not required to establish a competitive range, conduct discussions, or score offers. The Contracting Officer may conduct comparative evaluations of offers. Consistent with simplified acquisition procedures, the evaluation process is as follows:

(i) The Government will first evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price. A price fair and reasonable determination will be made on the apparent successful offer prior to award.

(ii) Technical: The lowest priced proposal will then be evaluated for Technical Acceptability. Proposals must be rated “Acceptable” for all technical subfactors in order to be determined technically “Acceptable”.

a. If the lowest priced offeror’s technical proposal is “Unacceptable”, the next low offeror’s technical proposal will be evaluated, continuing until an offeror with an “Acceptable” technical rating is identified.

(iii) Past Performance: The lowest priced, technically “Acceptable” offeror’s past performance will be evaluated. The Government reserves the right that:

a. If the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Acceptable”, the evaluation process will stop and the award will be made to that offeror, pending an affirmative price fair and reasonable determination.

b. If the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Unacceptable”, the Government will evaluate past performance of the next lowest priced, technically acceptable offeror. This process will continue, as needed, until an offeror is rated “Acceptable” for past performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to include FAR 52.217-8, to the total price for the basic requirement. FAR 52.217-8 will be evaluated by utilizing the Option Year Four proposed pricing. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items (APR 2012), Alternate I (APR 2011), with their offer, or complete paragraph (b) of 52.212-3 Alt 1, if the offeror has completed the annual representations and certifications electronically at www.sam.gov .

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (FEB 2012), applies to this acquisition. Addendum to this provision: Paragraph (k) Taxes is deleted.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (Aug 2012), applies to this acquisition; additional FAR clauses cited in the clause are:

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Nov 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(iii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities

(ix) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional FAR (Federal Acquisition Regulation), DFARS (Defense FAR Supplement) and AFFARS (Air Force FAR Supplement) clauses and provisions are as follows:

Clauses Incorporated by Reference:

Content Paper

Subcontract Awards 52.209-6 Protecting the Governments Interest When Subcontracting Dec 2010 with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Feb 2012 Responsibility Matters

While Driving

Activities or Transactions Relating to Iran—Representation and Certifications

Registration

of a Terrorist Country 252.209-7004 Subcontracting with Firms That Are Owned or Controlled Dec 2006 by the Government of a Terrorist Country

Commercial Items

Hazardous Material 252.225-7006 Quarterly Reporting of Actual Contract Performance Oct 2010 Outside the United States

Reports

Clauses and Provisions Incorporated by Full Text 52.209-7 – Information Regarding Responsibility Matters. (Feb 2012)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items with Alternate 1 (Dec 2012)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 representation 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 is to 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…