Solicitation.docx

HT0011-16-R-0021

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INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(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 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) 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 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 pre-award 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 (https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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 System for Award Management (SAM) 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 SAM 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) System for Award Management. 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 SAM 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 SAM 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 SAM database accessed through https://www.acquisition.gov.

(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.

(End of provision)

ADDENDUM TO 52.212-1

SUBJECT: REQUEST FOR QUOTATION (RFQ) – PHARMACY INPATIENT AUTOMATION SOLUTION – AUTOMATED DISPENSING CABINETS (PIAS - ADC)

TO: GSA MULTIPLE AWARD SCHEDULE HOLDERS

This RFQ is in support of the Defense Health Agency (DHA), Pharmacy Operations Division (POD), to provide and perform services for a Pharmacy Inpatient Automation Solution – Automated Dispensing Cabinets (PIAS – ADC). GSA Multiple Award Schedule Holders are encouraged to submit quotes under this request. Only one task order is anticipated to result from this RFQ, however the Government reserves the right to withdraw, modify, or eliminate various aspects of the requirement determined to be too costly or impractical prior to award.

1. SPECIFIC REQUIREMENTS.

Performance requirements for this task order are provided in the attached Performance Work Statement of this RFQ.

2. PERIOD OF PERFORMANCE.

The estimated period of performance for this task order is:

3. QUOTE SUBMISSION INSTRUCTIONS.

a. QUOTE QUESTIONS: Questions may be submitted to the POC via email No Later Than 18 August 2016 at 10:00am Eastern Time. Follow-up/additional questions will not be accepted after this date. Answers to submitted questions will be provided to all prospective Schedule Holders via RFQ amendment.

b. QUOTE DUE DATE: No Later Than: 29 August 2016 at 10:00am Eastern Time. Questions may be submitted to the POC via email No Later Than 18 August 2016 at 10:00am Eastern Time. Follow-up/additional questions will not be accepted after this date. Answers to submitted questions will be provided to all prospective Schedule Holders via RFQ amendment.

c. POINT OF CONTACT: Due to the difficulties in receipt of mail through normal postal services, it is preferable that quotes be sent via E-mail to the POC for this RFQ, at aretha.y.jones.civ@mail.mil and astley.b.davy.civ@mail.mil. Questions will also be sent to these e-mail addresses. The Schedule Holder is responsible for ensuring receipt by the POC.

d. ELECTRONIC SUBMISSION: Quotes shall be electronically submitted to the Point of Contact above. Your submission should include the following volumes: Technical Volume I (Technical Approach, Quality Control Plan, Incoming Transition Plan and Management Plan) and Price Volume II. The Non-Price section shall be submitted in MS Word or searchable PDF format. The Price section shall be submitted in MS Word or MS Excel 2007 or higher. The firewall utilized by the Government contracting office does not authorize or accept zip files.

4. QUOTE CONTENT AND FORMAT INSTRUCTIONS.

The Schedule Holder’s submission shall include two separate sections:

1) Technical Quote (Volume I)

2) Price Quote (Volume II)

a. ADMINISTRATIVE FORMAT INSTRUCTIONS:

(1) PAGE LIMITS: The non-price section (Technical Quote) is limited to 50 single-sided pages using the Microsoft® Word format. Pages should be numbered consecutively throughout the document. For any segments of a quote with a defined page limit, pages exceeding the specified limit will be removed and not forwarded for evaluation. Table of Contents, Title page, Contractor Task Order POC Cover Page, Quality Control Plan, Incoming Transition Plan, Management Plan, Government Furnished Equipment/Information/Property attachment, OCI Certification, and resumes and letters of intent for Key Personnel are NOT subject to page limits.

b. TECHNICAL QUOTE CONTENT INSTRUCTIONS: The Schedule Holder’s technical quote shall clearly reflect how you will comply with the performance requirements identified in the Performance Work Statement regardless of the Government’s estimated effort. Your technical quote, including any supporting documentation, is to be clear and concise. The level of effort quoted must be consistent with the solution outlined in your technical approach quote. The quote should fully document and substantiate a cross mapping of your price approach as it equates to the technical quote. All items in the evaluation criteria should be addressed.

The Schedule Holder’s technical quote shall contain the following:

The Schedule Holder shall submit a written technical quote, which effectively demonstrates the Schedule Holder’s clear understanding of all the tasks and how the approach is likely to yield the required results. The response shall demonstrate the Schedule Holder’s understanding of tasks to be performed, as well as a technical approach, methodology, and flexibility that will be utilized in accomplishing any resultant award to include the utilization of equipment, hardware, software deployed throughout the MHS.

The Schedule Holder shall include details, convincing rationale, and the substantiation of stated claims demonstrating the Schedule Holder’s clear understanding, approach, and methodology that will be utilized for the successful achievement of the required tasks. This description shall specifically address the Schedule Holder’s approach for providing services/support for a commercially available Pharmacy Inpatient Automation Solution – Automated Dispensing Cabinets (PIAS – ADC).

The Schedule Holder shall provide as an appendix to the technical quote an incoming transition plan covering 365 calendar-days that is achievable to include: coordination with Government representatives, installation timelines, end user training, and transfer of existing warranties, support agreements, and licenses.

The Schedule Holder shall provide as an appendix to the technical quote a management plan, including an organizational staffing model, that includes details, convincing rationale, and the substantiation of stated claims demonstrating the Schedule Holder’s clear understanding, approach, and methodology that will be utilized for the successful achievement of the required tasks.

The Schedule Holder shall provide as an appendix to the technical quote a quality control plan that includes details, convincing rationale, and the substantiation of stated claims demonstrating the Schedule Holder’s clear understanding, approach, and methodology that will be utilized for the establishment and utilization of processes, procedures, and metrics for successful achievement of the required tasks.

(2) ORGANIZATIONAL CONFLICT OF INTEREST (OCI) CERTIFICATION: The Schedule Holder shall complete the attached OCI Certification and provide (if necessary) an OCI Avoidance or Mitigation Plan (see PWS Attachment 9).

(3) TASK ORDER POINT OF CONTACT: The Schedule Holder shall include a cover page to your technical quote featuring your points of contact. The Schedule Holder shall provide a POC who is authorized to hold discussions/negotiations with the Government and has the full authority to bind the company to a contract/order. The Schedule Holder shall also identify a POC who will be responsible for reviewing any applicable performance evaluation reports rendered by the Government. This may include electronic performance reports produced via the Contractor Performance Assessment Reporting System (CPARS). Information required includes: First name, last name, title, e-mail address, phone number, fax number, and level of authority.

(4) GOVERNMENT FURNISHED EQUIPMENT / INFORMATION / PROPERTY: Schedule Holders should include as an attachment to your technical quote, a listing of any Government Furnished Equipment / Information / Property or Contractor-Acquired-Government Owned Property (CAP), not already identified but necessary to perform this task. This shall include any Contractor purchased or acquired/ Government-owned items. This attachment should include the following information: item description, HA/OA tag number (if applicable), quantity, and current location. Detailed Bills of Materials shall be submitted along with the quote, noting part numbers, prices, and need dates for all required GFE.

(5) PRICE QUOTE CONTENT. The Schedule Holder shall submit their quoted PRICE as a Firm-Fixed Price order. Your price quote shall provide a price breakdown to the site and equipment level, other direct costs etc. You are to calculate and state your proposed price in accordance with the PWS.

(a) OTHER DIRECT COSTS: You may propose additional Other Direct Costs as needed to complete task.

(b) PRICING SHEET: The price quote shall include a completed pricing sheet in the attached format (PWS Attachment 8). The Schedule Holder pricing sheet shall be symptomatic to the vendor’s commercial pricing. The Schedule Holder shall ensure mathematical computations are correct. Errors in calculations may be considered nonresponsive to this RFQ.

(1) Schedule Holders shall quote all contract line items, either by price or “NSP” (Not Separately Priced). A zero dollar figure in a quote means that the line item shall be provided at no charge to the Government. A line item price left blank will be considered nonresponsive to this request and the quote will not be considered for award. Contract line items structure is an example and is not all inclusive.

(2) Schedule Holders’ quotes shall remain open for a minimum of 90 days from the date of submission.

(c) SUPPLEMENTAL PRICING WORKSHEET: The Schedule Holder’s quote shall include a supplemental pricing sheet that provides a detailed breakdown of their quoted pricing, and profit or fee including sub elements of each. The Supplemental Pricing Worksheet shall include all materials and equipments, and any other costs associated with the performance of the resulting BPA (see PWS Attachment 8, Section Price Worksheet and Equipment Worksheet). The Schedule Holder shall ensure mathematical computations are correct. All discounts to GSA schedule prices shall be clearly outlined in the quote.

(d) HISTORICAL EQUIPMENT LIST: This is for historical information only and quotes should be based on requirements within the PWS. Please note that the Government historical equipment list is only put in place for Schedule Holders to ascertain the approximate or historical equipment for this task. This estimate is not to be construed as either mandatory or necessarily the best technical approach. It is only in place as a reference to allow Schedule Holders to better understand the general scope of this effort from the Government’s perspective. See PWS Exhibit 1 – PIAS-ADC Equipment List.

5. ADDITIONAL INFORMATION

a. ORDERING:

Terms and Conditions Blanket Purchase Agreements (BPA), the Contractor, agrees to the following terms and condition of a BPA EXCLUSIVELY WITH DEFNSE HEALTH AGECNY.

1. The following items can be order under this BPA (PWS Exhibit 1). All calls placed against this BPA are subject to the terms and conditions of the solicitation.

2. The Government estimates, but does not guarantee, that the volume of purchase through this agreement will be approximate by quantity, as stated in (PWS Exhibit 1) of this documents.

3. This BPA does not obligate any funds or commit the Government in any way.

4. This BPA expires five (5) years after date of award.

5. The following office(s) is hereby authorized to place calls under this BPA: TBA

6. Questions concerning this BPA shall be addressed to the following: TBA

7. Calls will be placed against this BPA via Electronic Data Interchange only.

8. Delivery destinations will be specified in individual calls/orders.

9. Unless otherwise agreed to, all calls/orders placed under this BPA must contain the information listed below:

· Name of Contractor

· Contract Number

· BPA Number

· Model Number

· Item Description

· Quantity and Unit Price

· Delivery Destination

10. The terms and condition included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provision of this BPA and the Contractor’s invoice, the provision of this BPA will take precedence.

b. INCUMBENT: This is an existing requirement. The incumbents are Becton, Dickson and Company, and Omnicell.

c. CONTRACTOR ADMINISTRATIVE SUPPORT: Contract support personnel from Information Technology Solution and Consulting (ITSC) will be provide the following: administrative support to the solicitation, contract administration support functions related to this contract effort and assist in the price evaluation.

d. FAR Part 33 – Protests, Disputes, and Appeals. In accordance with established Defense Health Agency (DHA) policy an interested party filing a protest with Defense Health Agency (DHA) has the option of requesting review by either the Contracting Officer (CO) or an independent review Official (IRO), who is a DHA official at a level above the CO. Alternately, an interested party may request IRO review as an appeal of the CO’s protest decision.

Where applicable, an interested party must clearly state in the protest that IRO review is requested, and must specify the nature of the independent review sought – whether as an alternative to CO review or as an appeal of the CO’s decision.

Regardless of which review is requested, all protests must be complete and submitted to the CO within the timeframes specified in FAR Subpart 33.1.

6. QUOTE EVALUATION:

The Government intends to award a task order without discussions. Schedule Holder’s shall provide their best, complete quote upon initial submission. The Government reserves the right to hold discussions if deemed necessary by the CO. A Technical Evaluation Panel will evaluate all quotes based on the quotes/documentation provided. The evaluations will be based on the evaluation criteria set forth below.

a. EVALUATION PROCESS: Evaluations will be conducted utilizing the BEST VALUE – LOWEST PRICED TECHNICALLY ACCEPTABLE (LPTA) process.

EVALUATION CRITERIA – PHARMACY INPATIENT AUTOMATION SOLUTION – AUTOMATED DISPENSING CABINETS (PIAS-ADC)

BEST VALUE – LOWEST PRICED TECHNICALLY ACCEPTABLE (LPTA)

(1) This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award. A decision on the technical acceptability of each Schedule Holder’s quote will be made. For those Schedule Holders, which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. While the Government will strive for maximum objectivity, the technical go/no go process, by its nature, is subjective; therefore, professional judgment is implicit throughout the evaluation process. Schedule Holder quotes will be ranked in price order and a price analysis will be conducted. Quotes will then be evaluated for technical acceptability bases on the technical factors set forth in this solicitation starting with the lowest overall price including all options. If the lowest priced offer is not acceptable the government will evaluate the next lowest priced offer and so forth and so on. All quotes may not be evaluated. The Government intends to make an award based on the initial quotes. If further questions are required, the contracting officer may contact the Schedule Holder or Schedule Holders. Award will be made to the responsible Schedule Holder whose quote conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and provides the best value to the Government based on the results of the evaluation described in paragraph (a) below.

(2) The LPTA evaluation process will be accomplished as follows:

(a) Technical Acceptability. Each Schedule Holder’s technical quote will be evaluated to determine if the Schedule Holder provides a sound, compliant approach that meets the requirements of the Performance Work Statement (PWS), and demonstrates a thorough knowledge and understanding of those requirements.

i. An evaluation rating of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical evaluation. If a Schedule Holder receives a technical rating of “Non-Acceptable”, they will not be considered for task order award.

ii. Rephrasing or restating the Government’s requirements will be evaluated as Technically Non-Acceptable

iii. In addition, the PWS will be incorporated into the contract award as fully executable.

iv. The Schedule Holder’s technical quote will be evaluated for and shall at a minimum, specifically address the Schedule Holder’s approach for:

1. Utilization of existing equipment, hardware, and software currently deployed throughout the Military Health System (MHS) based on commercial lifecycles

2. The transition of existing government maintenance and support will continue on the current contracts for that period of performance

3. The inclusion of details, convincing rationale, and the substantiation of stated claims demonstrating the Schedule Holder’s clear understanding, approach, and methodology that will be utilized for the successful achievement of the required tasks

4. An incoming transition plan that is achievable to include: coordination with Government representatives, installation timelines, end user training, and transfer of existing warranties, support agreements and licenses.

5. A management plan, including an organizational staffing model, that includes details, convincing rationale, and the substantiation of stated claims demonstrating the Schedule Holder’s clear understanding, approach, and methodology that will be utilized for the successful achievement of the required tasks.

6. A quality control plan that includes details, convincing rationale, and the substantiation of stated claims demonstrating the Schedule Holder’s clear understanding, approach, and methodology that will be utilized for the establishment and utilization of processes, procedures, and metrics for successful achievement of the required tasks.

One of the following ratings will be assigned to the Technical Acceptability Factor:

(b) Price Quotes: The Schedule Holder's Price quotes will be evaluated by CLIN level and the Schedule Holders with the lowest overall Price will be ranked accordingly. CLIN structure is not all inclusive.

i. Balance: In addition, Schedule Holders are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items including the Basic ordering period and out-year ordering periods, is significantly overstated, or understated as indicated by the application of analysis techniques. The Government will analyze offers to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to assure that a logical progression exists as related to price and quantity changes within each Schedule Holder’s response to the pricing structure in the line items. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

ii. Quotes shall be evaluated, for award purposes, based upon the total price proposed for the basic requirements (basic award) and all option l periods and other price-related. For CLINs that do not have quantity ranges, the evaluated price will be the unit price proposed multiplied by the specified unit (e.g. 1 LOT). The sum of all the CLINs (option Periods) will represent the total evaluated price. Schedule Holders are advised that the evaluation of option periods shall not obligate the government to exercise such option periods.

iii. The Government evaluators will not assume that the Schedule Holder possesses any capability or knowledge unless it is specified in the quote. The Government may make a final determination as to whether the Schedule Holder’s quote is acceptable or unacceptable solely based on the initial quotes as submitted. Schedule Holders are advised to submit quotes that are fully and clearly acceptable without requests for additional information. Schedule Holders are required to meet all solicitation requirements, such as terms and conditions and technical requirements as outlined in the Schedule Holder’s Federal Supply Schedule to be eligible for award. The Government intends to select one contractor for the Pharmacy Inpatient Automation Solution – Automated Dispensing Cabinets (PIAS-ADC) award. However, the Government reserves the right to award no contract at all, depending on the quality of quote(s) submitted and the availability of funds. Award will be made on an all or none basis with option periods to meet mission requirements when funding is available.

iv. The Pricing spreadsheet (PWS Attachment 8) shall be considered the only acceptable format for the cost quotes.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

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

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Restricted business operations 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.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (r) 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 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 [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8)…