HSCG23-10-R-PCI104 62410.docx

HSCG23-10-R-PCI104

USCG ELECTRONIC HEALTH RECORD COTS

DESCRIPTION:

The USCG requires an EHR COTS solution that provides ambulatory care, urgent care, dental, physical therapy, optometry, behavioral health, occupational health, immunizations, audiology, radiology, pharmacy, laboratory and patient portal functionality. In addition to providing the COTS product solution, the USCG requires the awardee to provide a full range of services as described below:

1. Implement the provided COTS solution within the USCG environment, including interfaces identified in the PWS;

2. Support the USCG COOP operations;

3. Provide support services including training, module/system/interface testing (performance and user testing will be conducted by USCG resources), help desk support, and application support.

The awardee will provide personnel support and maintenance to implement and support the provided EHR COTS solution within the USCG environment. The awardee will work with the USCG regarding logistics of installation and training at the USCG locations. The awardee will provide implementation and help desk support to the OSC, who will maintain the production environment on a day-by-day basis. All Contractor developed processes and procedures and other forms of intellectual property first developed under this contract shall be considered Government property. All EHR data shall be the property of USCG and will be returned in the manner specified by USCG COTR immediately following a termination of contract for any reason.

SECTION 1

Attachments to the Solicitation

1.1 ATTACHMENT I: Ambulatory EHR COTS Functionality.

1.2 ATTACHMENT II: Current EHR Site implementations

1.3 ATTACHMENT III: EHR COTS Implementations similar to USCG

1.4 ATTACHMENT IV: Past Performance Reference sheet

1.5 ATTACHMENT V: Pricing Spreadsheet for EHR

1.6 ATTACHMENT VI: Contractor Electronic Health Record Commercial Off-The-Shelf Implementation Support Services For The United States Coast Guard Performance Work Statement (PWS) (21 Pages), dated 22 June 2010.

1.7 ATTACHMENT VII: Bidder’s Library

SECTION 2

2.1 PACKAGING AND MARKING:

a. The contract number and task order number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

b. IAW Section 7.0 of the PWS, the Contractor shall send all contract deliverables to the Contracting Officer’s Technical Representative (COTR) via e-mail. The Contracting Officer (CO) and the Contract Specialist (KS) shall be carbon copied on the e-mail. Contact information for the COTR and the KS shall be provided under separate cover at time of award. As an alternative, only if e-mail is not available, the Contractor may mail contract deliverables to the below address:

Commandant (CG-443) 2100 2nd Street, SW RM 6507 Stop 7901 Washington, DC 20593-7901 Phone: (202) 475-5686

2.2 INSPECTION AND ACCEPTANCE:

In addition to 52.212-4 (a):

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION, the Contracting Officer’s Technical Representative is the authorized representative of the Contracting Officer.

2.3 DELIVERIES AND PERFORMANCE:

a. Period of Performance:

The period of performance for this IDIQ contract shall be will be for a 5 year (60 months) period from date of award

b. Deliverables:

The specific requirements for all deliverables will be described in the PWS and/or each task order under this contract

2.4 ORDERING (INDEFINITE DELIVERY TYPE CONTRACTS)

All Warranted Contracting Officers of the United States Coast Guard are authorized ordering officers. IAW FAR 52.216-18, services to be furnished under this contract shall be furnished at such times as ordered by the issuance of Task Orders by the Contracting Officer. All orders are subject to the terms and conditions of the contract. This award will be made on a firm-fixed price basis with some time and material CLINS and all subsequent task orders awarded against this IDIQ contract shall be firm-fixed price. This contract shall control in the event of conflict with any order.

2.5 ORDERING PROCEDURES

Task Orders issued shall include, but not be limited to the following information (when applicable):

2.6 REQUEST FOR PAYMENT:

In addition to 52.212-4 (g):

mailto:trenton.a.janda@uscg.mil@uscg.mil COTR

(d) The contractor shall submit SF 1034, Public Voucher for Purchases and Services Other Than Personal, and SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), or another form such as a company invoice to request payments under this contract. The forms or invoice must be completed as required by this clause.

(e) The SF 1034 shall be completed in accordance with the following instructions:

PAID BY;

DATE INVOICE RECEIVED

DISCOUNT TERMS;

PAYEE'S ACCOUNT NO.;

SHIPPED FROM TO WEIGHT;

GOVERNMENT B/L

Leave all these blocks blank

"For detail, see the total amount of the claim transferred from the attached SF 1035, page X of X."

One space below this line, insert the following:

"COST REIMBURSABLE-PROVISIONAL PAYMENT."

13.

Payee must NOT use the space below. Do NOT write or type below this line.

(f) The SF 1035 (Continuation Sheet) shall be completed in accordance with the instructions below. Use the same basic instructions for the SF 1035 as used for the SF 1034. Ensure that the contract and, if applicable, order number, are shown on each continuation sheet. Use as many sheets as necessary to show the information required by the contract, contracting officer, or cognizant audit agency; however, if more than one sheet of SF 1035 is used, each sheet shall be in numerical sequence.

(g) The following items are generally entered below the line with Number and Date of Order; Date of Delivery or Service; Articles or Services; Quantity; Unit Price; and Amount (but do not necessarily tie to these captions).

(a) Time-and-Materials, Labor-Hour.

1. Labor. List each contract line item number and corresponding labor category description and hourly rate, labor hours performed, and extended total labor dollars (hourly rate multiplied by labor hours performed)

2. Materials and Subcontracts

(a) List each direct material item, quantity purchased, item cost, and extended total cost (quantity purchased multiplied by item cost). Cite any material handling costs allocated to direct materials.

(b) List each authorized subcontract by subcontractor name. List each item or service, quantity purchased, item or service cost, and extended total cost (quantity purchased multiplied by item or service cost).

Travel. List the name and title of traveler, place of travel, and travel dates. If the travel claim is based on the actual costs expended, show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. These actual costs must be supported with receipts to substantiate the costs paid. Cite any applicable indirect costs allocated to travel.

Total of 1. through 3. Enter this amount on the SF 1034.

Cumulative value of all previous requests for payment paid to date.

(b) Cost Reimbursement.

1. Direct Labor. List each labor category, rate per labor hour, hours worked, and extended total labor dollars per labor category.

2. Premium Pay/Overtime. List each labor category, rate per labor hour, hours worked, and the extended total labor dollars per labor category. Note: Advance written authorization must be received from the contracting officer to work overtime or to pay premium rates; therefore, identify the contracting officer's written authorization to the contractor.

3. Fringe Benefits. If fringe benefits are included in the overhead pool, no entry is required. If the contract allows for a separate fringe benefit pool, cite the formula (rate and base) in effect during the time the costs were incurred. If the contract allows for billing fringe benefits as a direct expense, show the actual fringe benefit costs.

4. Materials, Supplies, Equipment. Show those items normally treated as direct costs. Expendable items need not be itemized and may be grouped into major classifications such as office supplies. However, items valued at $5,000 or more must be itemized. See (FAR) 48 CFR Part 45, Government Property, for reporting of property.

5. Travel. List the name and title of traveler, place of travel, and travel dates. If the travel claim is based on the actual costs expended, show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. These actual costs must be supported with receipts to substantiate the costs paid. Travel costs for consultants must be shown separately and also supported.

Other Direct Costs. Itemize those costs that cannot be placed in categories 1. through 5. above. Categorize these costs to the extent possible.

Total Direct Costs. Cite the sum of categories 1. through 6. above.

Overhead. Cite the rate, base, and extended amount.

G&A Expense. Cite the rate, base, and extended amount

Total Costs. Cite the sum of categories 7 through 9 above.

Fee. Cite the rate, base, and extended amount.

Total Cost and Fee Claimed. Enter this amount on the SF 1034.

Cumulative value of all previous requests for payment paid to date.

SECTION 3

CLAUSES AND PROVISIONS

The following FAR & HSAR Provisions and Clauses are incorporated by reference:

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

(Incorporated by Reference)

Addendum to 52.212-1:

3.2.1 Attachment I: The offeror shall complete and provide as an attachment to their proposal Attachment 1, Ambulatory EHR COTS Functionality, which identifies how each U.S. Coast Guard EHR COTS requirement will be met by the offeror’s proposed solution. COTS product manuals referenced in Attachment 1 shall also be provided as attachments to the offeror’s proposal.

3.2.2 Attachment II: In order to expedite the proposal evaluation process, the offeror shall complete Attachment II, Current EHR Site implementations and return via email NLT 14:00 EDT July 9, 2010 to judy.suttles@uscg.mil and wendy.stevenson@uscg.mil. Attachment II shall identify 100 sites where the EHR COTS solution is currently implemented. Data received after July 9, 2010 will not be evaluated.

3.2.3 Attachment III: In order to expedite the proposal evaluation process, the offeror shall complete Attachment 3, Current EHR COTS Implementations Similar to USCG and return via email NLT 14:00 EDT July 9, 2010 to judy.suttles@uscg.mil and wendy.stevenson@uscg.mil. Attachment III shall identify 10 unique installations (e.g., central data repository installations), each supporting one or more clinical sites, which support 300+ providers and 1200+ users. Data received after July 9, 2010 will not be evaluated.

3.2.4 Attachment IV: In order to expedite the proposal evaluation process, the offeror shall complete Past Performance Reference sheet and return via email NLT 14:00 EDT July 9, 2010 to judy.suttles@uscg.mil and wendy.stevenson@uscg.mil. Data shall be provided identifying the prime Offeror for this procurement, and all other teaming partners that are part of the offered solution (including vendors of all COTS products included in the proposed solution) for which reference data is being provided. For each company provide the following:

a. Company name

b. Role on team specific to this procurement (e.g., prime contractor, support contractor [identify specific role], COTS vendor [identify specific COTS])

c. Address

d. A website address that provides additional information about the prospective business

The offeror shall include five references of relevant present contracts for the prime contractor, utilizing the Relevant Past Performance reference sheet. If the proposed EHR COTS product solution is an integration of products from multiple vendors or includes teaming partners, an additional three references shall be provided for each vendor product or teaming partner included. Contractors shall include: (1) organization name (2) points of contact to include name, phone number and email address (3) contract number (4) number of sites (5) number of providers (6) number of users (7) date of initial installation (8) scope of work (9) problems encountered and associated solutions and (10) comments. If there is no past performance information, provide the following statement in your proposal "No Past Performance information available”. Data received after July 9, 2010 will not be evaluated.

3.2.5 Attachment V: Pricing Spreadsheet. The offeror shall complete the attached pricing spreadsheet with corresponding tabs and return with your offer.

3.2.6 Technical Data: The offeror shall complete and provide data related to the following:

· Product Integration

· Additional Functionality

· Hardware, Telecommunications, and Environmental Specifications

· Management Structure

· Vendor Integration

· Mandatory Functionality Not in Core Product

· Support Services

· COOP Licenses

· Implementation Approach

3.2.7 Resumes: The offeror shall complete and provide as an attachment to the proposal resumes for the project manager and the implementation manager.

3.2.8 Draft Project Management Plan: The offeror shall complete and provide as an attachment to the proposal a draft Project Management Plan. The Project Management Plan shall include the Offeror’s approach for risk management, and identify the top risks and associated mitigation strategies that the Offeror sees for the U.S. Coast Guard EHR implementation

3.2.9 Draft Training Plan: The offeror shall complete and provide as an attachment to the proposal a draft Training Plan. A draft Training Plan shall describe the Offeror’s approach for training, both initial and post-implementation.

3.2.10 Draft Implementation Plan: The offeror shall complete and provide as an attachment to the proposal a draft Implementation Plan. The Implementation Plan shall identify the methodology, tools and activities associated with the implementation of the proposed EHR COTS product solution within the U.S. Coast Guard environment, and provide an implementation schedule. While it is the U.S. Coast Guard’s intent to implement the system within the first year of award, with a beta site implemented within the first six months of award, the Offeror shall propose a schedule that is specific to their product solution, and minimizes risk and down time for ongoing health care operations. The Implementation Plan shall also identify the Government resources required to implement the plan

3.2.11 Proposal Submittal: Other than past performance information and attachments (II, III & IV) that are due July 9, 2010 via email as stated above, offerors are to submit technical and price proposals via commercial carrier (e.g., FedEx, UPS, USPS).

Submit the following:

· One copy of searchable electronic proposal file

· Eight hard copies of proposal file

· One hard copy of referenced product manuals

· One electronic copy of referenced product manuals (if available)

Proposals shall be mailed to: Formal Contracts Division I, U.S. Coast Guard Headquarters (CG-9121), 2100 2ND ST SW, Washington, DC 20593. No facsimile offers will be accepted. Your proposal excluding 52.212-3 Offeror Representations and Certifications-Commercial Items shall be limited to the page restrictions identified below in 52.212-2 with page numbers in sequential order. Minimum font size is 11 points. Page size is 8.5 x 11". Proposals shall include the solicitation number on all submissions. Proposals shall be submitted on or before 15 July 2010 at 14:00 EDT. It is each offeror's responsibility to ensure the proposal (in total) is received no later than 14:00 EDT on the due date of 15 July, 2010. Offerors are hereby notified that proposals not received by the date and time specified in this announcement will not be considered. No technical or price proposal will be accepted if no past performance information (i.e., Attachments II and III and the required references or the statement that “No Past Performance information is available”) is submitted.

All questions shall be submitted by email to judy.suttles@uscg.mil no later than 4 PM eastern time not later than 6 July 2010. Offerors are encouraged to use email for all questions and correspondence related to this solicitation.

Judy Suttles U.S. Coast Guard Contract Specialist Contracting Operations Office CG-9121, Formal Contracts Division I Telephone No.: 202-475-3784 Email: mailto:judy.suttles@uscg.mil

Offerors should ensure their complete proposal package include all of the following documents for evaluation:

Past Performance Data

· Attachment II, Current EHR Site Implementations

· Attachment III, EHR COTS Implementations similar to USCG

· Attachment IV, Past Performance Reference Sheets

Technical Data

· Attachment I, Ambulatory EHR COTS Functionality

· Product Manuals

· Product Integration

· Additional Functionality

· Hardware, Telecommunications, and Environmental Specifications

· Management Structure

· Resumes

· Vendor Integration

· Draft Project Management Plan

· Mandatory Functionality Not in Core Product

· Support Services

· Draft Training Plan

· COOP Licenses

· Implementation Approach

· Draft Implementation Plan

Pricing Data

· Attachment V, Pricing Data

3.2.12 BASIS FOR AWARD: Award of this IDIQ contract will be made on a competitive best value basis, using “tradeoff” among cost/price and non-cost/price factors. The Government may elect to award to other than the lowest priced offeror, or other than the offeror with the highest rated non-cost/price proposal. In either case, a tradeoff will be conducted. The Government reserves such right of flexibility in conducting the evaluation as necessary to assure an award with the contractor providing the best value to the government.

3.2.13 ORAL PRESENTATIONS: Oral presentation may be required, at the discretion of the Government.

3.2.14 MITRE Personnel: MITRE personnel will assist with the acquisition and evaluation of the EHR COTS solution. They will be non voting members of the evaluation team.

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. The following factors shall be used to evaluate offers:

Factor 1 – EHR COTS Product Solution Functionality The Offeror’s proposal shall describe the proposed EHR COTS product solution being offered to meet the U.S. Coast Guard requirements, including all products and associated modules that make up the Offeror’s proposal, as follows:

Subfactor 1.1: EHR COTS Functionality (Attachment 1, Ambulatory EHR COTS Functionality plus product manuals): The Offeror shall complete and provide as an attachment to the proposal Attachment 1, Ambulatory EHR COTS Functionality, which identifies how each U.S. Coast Guard EHR COTS requirement will be met by the Offeror’s proposed solution. COTS product manuals referenced in Attachment 1 shall also be provided as attachments to the Offeror’s proposal.

Subfactor 1.2: Product Integration (3 pages maximum): A description shall be provided which details the integration of the COTS products and modules (including the dental module), especially as it pertains to the user roles; sharing of registration, allergy, medication, and medical history data; common scheduling of patient appointments; and common billing capabilities.

Subfactor 1.3: Additional Functionality (3 pages maximum): Additional functionality that will support the U.S. Coast Guard MIS Strategic Goals as identified in the PWS shall be identified.

Subfactor 1.4: Hardware, Telecommunications, and Environmental Specifications (2 pages maximum): The Offeror shall identify the associated hardware and telecommunication requirements, and the environmental specifications required from the U.S. Coast Guard for the proposed EHR COTS product solution for: 1) the EHR central data repository and application software for the OSC CITRIX site; 2) the end-user sites; and 3) the remote operations on the cutters.

Factor 2– Management Approach. The Offeror’s proposal shall describe the management approach the Offeror will provide for overall contract management as follows:

Subfactor 2.1: Management Structure (1 page maximum plus resumes): The Offeror shall identify the management structure for this project, including the project manager, the corporate executive who will be responsible for the U.S. Coast Guard account, and the Contractor implementation manager responsible for the U.S. Coast Guard implementation. Resumes shall be provided as attachments to the proposal for the project manager and the implementation manager.

Subfactor 2.2: Vendor Integration (3 pages maximum): If the EHR COTS product solution includes multiple vendors, or multiple delivery organizations within the same vendor organization, the Offeror’s approach for managing and integrating the various vendor components shall be provided.

Subfactor 2.3: Project Management Plan (draft Project Management Plan) (3 pages maximum): A draft Project Management Plan shall be provided as an attachment to the proposal. The Project Management Plan shall include the Offeror’s approach for risk management, and identify the top risks and associated mitigation strategies that the Offeror sees for the U.S. Coast Guard EHR implementation.

Factor 3 – Technical Approach.

Subfactor 3.1: Mandatory Functionality Not in Core Product (2 pages maximum plus comments from Attachment 1, Ambulatory EHR COTS Functionality): The Offeror shall identify their approach (including development, customization, and integration activities, and associated testing and documentation) to provide the mandatory functionality required by the U.S. Coast Guard that is not currently available in the COTS product(s).

Subfactor 3.2: Support Services (2 pages maximum plus draft Training Plan): The proposal shall describe the approach that will be used for EHR COTS support services, i.e., training, implementation, help desk, and support specific to the EHR COTS product solution. A draft Training Plan shall be provided as an attachment to the proposal describing the Offeror’s approach for training, both initial and post-implementation.

Subfactor 3.3: COOP Licenses (1 page maximum): The proposal shall describe how software licenses will be made available to support future U.S. Coast Guard continuity of operations (COOP) implementations.

Subfactor 3.4: Implementation Approach (2 pages maximum plus draft Implementation Plan): The Offeror shall describe the approach for implementing the product solution with the USCG environment. A draft Implementation Plan shall be provided as an attachment to the proposal. The Implementation Plan shall identify the methodology, tools and activities associated with the implementation of the proposed EHR COTS product solution within the U.S. Coast Guard environment, and provide an implementation schedule. While it is the U.S. Coast Guard’s intent to implement the system within the first year of award, with a beta site implemented within the first six months of award, the Offeror shall propose a schedule that is specific to their product solution, and minimizes risk and down time for ongoing health care operations. The Implementation Plan shall also identify the Government resources required to implement the plan.

Factor 4. Relevant Past Performance:

Provide past performance information for services directly related and relevant to the services to be performed under the PWS. To be considered relevant, the services must have been performed within the past three years. Using the table provided in Attachment IV, the Offeror’s proposal shall provide 5 references of relevant present contracts for the prime contractor. If the proposed EHR COTS product solution is an integration of products from multiple vendors, or includes teaming partners, an additional 3 references shall be provided for each vendor product or teaming partner included. “Relevant” is defined as an EHR installation similar in size, scope, and complexity to the requirements of the PWS. Past performance will be evaluated based on project management, product, implementation, support, and professional services using references from Attachments II, III, and IV. The Government may also consider information obtained through other sources.

Factor 5. Price: The Government will evaluate the total overall price to determine price reasonableness.

EHR COTS Product Solution is most important factor and the remaining factors (management and technical approach and relevant past performance) are of equal importance and when combined all are significantly more important than price. The degree of importance of Price as a factor could become greater depending upon the equality of the proposals for other factors evaluated. Where competing proposals are determined to be substantially equal for non-price factors, price becomes the controlling factor. Subfactors of each evaluation factor shall be of equal value.

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

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

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS. (AUG 2009) Alternate I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.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 (m) of this provision.

(a) Definitions. As used in this provision -

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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" 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).

"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.

"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.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern-

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

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

(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 at http://orca.bpn.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 (n) 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 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: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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: ____________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ___ is, ___ is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual Gross Revenues Number of Employees

___ 50 or fewer ___ $1 million or less ___ 51-100 ___ $1,000,001-$2 million ___ 101-250 ___ $2,000,001-$3.5 million ___ 251-500 ___ $3,500,001-$5 million ___ 501-750 ___ $5,000,001-$10 million ___ 751-1,000 ___ $10,000,001-$17 million ___ Over 1,000 ___ Over $17 million

(9) (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 database maintained by the Small Business Administration (PRO-Net), 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)(9)(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: _______________________

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ___ is, ___ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246-

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

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

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

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) 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 certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies."

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American Act - Free Trade Agreements - Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product, " "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act. "

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act - Free Trade Agreements - Israeli Trade Act":

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

(List as necessary)

(iii) The offeror shall list those supplies that are foreign end products (other…