Attachment A Instructionns to Offerors IHS1460974.pdf

RFP IHS1460974

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) and Certified Nursing Assistants (CNA) services for Phoenix Indian Medical Center (PIMC), Phoenix, Arizona

A. 52.215‐1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONS (JAN 2004)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c) (1) (i) and (c) (1) (ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, 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 1:00 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision 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—

(1) 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 proposals; or

(2) 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

(3) It is the only proposal received.

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

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

Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215‐5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225‐17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the

Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction.

The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and sub‐factors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306 (a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post‐award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

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

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

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

(iv) A summary of the rationale for award.

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

(vi) 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.

B. ADDENDUM TO FAR 52.215‐1 ‐ INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITIONS

1) Adherence to Instructions: The offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. The offerors proposal shall consist of three (3) separate electronic volumes:

Electronic “Volume I – Technical Proposal‐ (VENDOR NAME)”, Electronic “Volume II – Price Proposal‐

(VENDOR NAME)”, and Electronic “Volume III – Past Performance Information‐(VENDOR NAME)”.

Offers, including all required documents, must be submitted to the Contact Specialist, Dale Clark, at dale.clark@ihs.gov. Documents must be prepared and labeled according to the format below or offers may be deemed NONRESPONSIVE per section, “6. Proposal – General Information (Proposal Format

Submission)”. Please reference section “ADDENDUM to FAR 52.212‐2 ‐ Evaluations ‐ Commercial

Items” for additional information about Evaluation factors for this solicitation. Documents must be properly executed and submitted not later than the close of business of the offer due date which is 14

NOV 22 at 3:00 PM (ET). No questions will be taken after 7 NOV 2022, 3:00 PM (ET). Only electronic offers will be accepted via e‐mail. Any submission of offers after the closing date of 14 NOV 22 at 3:00

PM (ET) will not be accepted for consideration. There are NO opportunities for Joint Ventures, Teaming

Arrangements or Sub‐Contracting.

2) Exceptions to Terms and Conditions: Offerors must clearly identify any exception to solicitation terms and conditions and provide accompanying rationale.

3) Registration in System For Award Management (SAM): In order to be eligible for contract award offerors must be registered in SAM at https://www.sam.gov. Offerors are encouraged to submit a complete PDF copy from SAM.gov showing registration.

4) Cost or Pricing Data: The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting

Officer will review this determination and if, in the contracting officer’s opinion adequate price

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) competition exists, no additional cost information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition does not exists offerors shall be required to submit cost or pricing data to support a determination of price reasonableness and affordability. Reference FAR 52.215‐20 Requirements for Certified Cost or Pricing

Data and Data Other than Certified Cost or Pricing Data.

5) Proposal – General Information (Proposal Format Submission):

a. The offer shall consist of three (3) separate electronic volumes:

• Electronic Volume I – Technical Proposal (VENDOR NAME)

• Electronic Volume II – Price Proposal (VENDOR NAME)

• Electronic Volume III ‐ Past Performance Information (VENDOR NAME)

b. Documents must be fully responsive to and consistent with the following.

• Solicitation requirements

• Page formatting. Incorrectly formatted pages and excess pages will not be read or evaluated, and will be removed from the proposal.

c. Electronic Copy:

• Must be in Adobe (.pdf), Microsoft Word version 2010 for Volume 1 and 3. Volume 2 shall be in Excel 2010 or earlier format.

d. Evaluation Criteria: See provision ADDENDUM to FAR 52.212‐2 – Evaluations ‐ Commercial

Items.

e. RFP amendments will be posted on SAM.gov in response to all inquiries. Please ensure that

Amendments are acknowledged.

6) Electronic Volume I ‐ Technical Proposal:

a. Qualifications: Professional qualifications and credentials necessary for satisfactory performance of required services, as stated in Attachment D Statement of Work.

b. Key Personnel: Offeror shall submit Resumes/CV’s of all Contractor’s employee(s) who are submitted as potential candidates for providing services for this solicitation. Specialized experience, technical competence in the type of work required for any personnel identified as “Key Personnel” in

SOW. Offeror shall also provide the following information (if applicable) in regard to each of these individuals—number of years in the health care profession, experience with academic medical centers, previous experience with the IHS, courses attended in regard to optimal teamwork; and patient safety outcomes through communication and education. List and provide copies of professional certifications and licenses.

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

c. Company Management: Contractor shall provide information about their company main management personnel (i.e.: HR, CEO, Recruiter) that should have a cadre of experienced personnel with at least three (3) years of experience in management of delivery of services as required by the

SOW, one (1) year of which has been with the current contracting company.

d. Capacity/Fill: Contractor shall provide information to reflect the ability to accomplish the services and provide qualified personnel, (i.e.: Contractor has currently available personnel or has demonstrated its ability to recruit personnel within fifteen days of contract award for example).

Contractor shall provide as a percent from 100% as the highest and 1% as the lowest reflecting the firm’s fill rate capability based upon current or historical data.

e. Retention: Contractor shall provide as a percent from 100% as the highest to 1% as the lowest reflecting the firm’s retention rate‐ which is the percentage of employees that are retained for a one year period.

f. Contractor shall use table below to input both Capacity/Fill Rate & Retention Rate per instructions above

Capacity/Fill Rate (Paragraph 7.d.) Contractor shall provide as a percent from 100% as the highest and

1% as the lowest reflecting the firm’s fill rate capability based upon current or historical data

Rate: _____%

Retention Rate

(Paragraph 7.e.) Contractor shall provide as a percent from 100% as the highest to 1% as the lowest reflecting the firm’s retention rate‐ which is the percentage of employees that are retained for a one year period.

Rate: _____%

***This page shall be included in Contractor’s Electronic Volume I – Technical Proposal***

All responses must include completion of the IEE Representation Form

7) Electronic Volume II – Price Proposal:

The price proposal shall be specific, complete in every detail, and separate from the technical and past performance proposal. Complete attached Rate Schedule for the Electronic Volume II – Price Proposal.

Contractor shall state in their proposal that the quote shall remain effective for 120 calendar days after close of solicitation.

8) Electronic Volume III – Past Performance Information:

Offerors are required to furnish one to three current, or recently completed Federal, State, local government, or private contracts under which you have provided the same or similar services required in this solicitation within the last three (3) years. Provide contact name, date of performance, and point

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) of contact, telephone number, fax number and e‐mail address. Past performance will be reviewed to assure that the offeror has relevant and successful performance history. Contractor shall notify all references that have been provided to the IHS for their solicitation and respond within 1 business day of email or telephone contact by the Service Unit.

Past Performance reference format:

Company Name :____________________________________

Address:___________________________________________

Contact Name:______________________________________

Contact Telephone No :_______________________________

Contact Fax No:_____________________________________

E‐mail Address:_____________________________________

Services Provided:___________________________________

Service Period:______________________________________

Information Comments:_______________________________

Contract Number:____________________________________________________

C. 52.212‐2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

a. The Government will award a single or multiple award contract(s) 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 in the following descending order of importance:

Technical

Past Performance

Price

*Technical and past performance when combined are greater in importance than price*

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).

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

c. A written notice of award(s) 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.

D. ADDENDUM to FAR 52.212‐2 Evaluation—Commercial Products and Commercial Services (Nov

2021)

METHOD OF AWARD: Award will be made on a firm fixed price basis and will be based on a scoring system recognizing all the factors as shown above. The Government intends to make either a single or multiple award’s based on initial offers, without discussions. As such, Contractors are encouraged to submit their best proposal as their initial offer. While the Government intends to award based on initial offers, the Government reserves the right to open discussions with all Contractors within the competitive range should the Contracting Officer make a determination that discussion would be in the best interest of the Government.

The contract will be awarded to the offeror that present the best value with tradeoffs to the government. Technical and past performance when combined are greater in importance than price.

(This process permits tradeoffs among cost or price and non‐cost factors and allows the Government to accept other than the lowest priced proposal).

The evaluation process shall proceed as follows:

Initially, all technical proposals submitted by offerors will be evaluated. The past performance information provided will be validated by contacting the offeror’s submitted information. Award shall be made to the offeror(s) who’s proposal represents the best overall value to the Government.

TECHNICAL EVALUATION FACTORS:

1. Qualifications: Professional qualifications and credentials necessary for satisfactory performance of required services, as stated in attached Statement of Work.

2. Key Personnel—Offeror shall submit names/resumes/CV’s of all Contractor’s employee(s) who are submitted as potential candidates for providing services for this solicitation. Specialized experience, technical competence in the type of work required for any personnel identified as “Key Personnel” in

SOW. Offeror shall also provide the following information (if applicable) in regard to each of these individuals—number of years in the health care profession, experience with academic medical centers, previous experience with the IHS, courses attended in regard to optimal teamwork; and patient safety outcomes through communication and education. List and provide copies of professional certifications and licenses.

3. Company Management: Contractor shall provide information about their company main management personnel (i.e.: HR, CEO, Recruiter) that should have a cadre of experienced personnel

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) with at least three (3) years of experience in management of delivery of services as required by the

SOW, one (1) year of which has been with the current contracting company.

4. Capacity: Contractor shall provide information to reflect the ability to accomplish the services and provide qualified personnel, (i.e: Contractor has currently available personnel or has demonstrated its ability to recruit personnel within fifteen days of contract award for example). Contractor shall provide as a percent from 100% as the highest and 1% as the lowest reflecting the firm’s fill rate capability based upon current or historical data.

5. Retention: Contractor shall provide as a percent from 100% as the highest to 1% as the lowest reflecting the firm’s retention rate‐ which is the percentage of employees that are retained for a one year period.

Technical Evaluation Rating System Standards and Definitions:

The definitions below reflect the Government assessment of solicitation compliance and the expected results on the offeror's proposed approach. The rating focus on strengths and weaknesses of the

Contractor’s technical proposal based on the Technical Ratings below:

TECHNICAL RATINGS

Rating Description

Exceptional: Contractors’ response meets all contract requirements for evaluation factor and exceeds many to the Governments Benefit.

Very Good: Contractors’ response meets contract requirements for evaluation factor and exceeds some of the Governments Benefit.

Satisfactory: Contractors’ response meets contract requirements for evaluation factor.

Marginal: Contractors’ response does not meet some of the contract requirements for the evaluation factor. Response reflects a serious deficiency to meet the government’s requirements which may or may not be correctable

Unacceptable: Contractors’ response does not meet any of the contract requirements for the evaluation factor. Response reflects serious deficiency to meet the government’s requirements which are not correctable.

PAST PERFORMANCE EVALUATION FACTORS:

1. Contractor should have experience as stated in Attachment D: Statement of Work in a private practice and/or hospital for at least the minimum years in the specialty of their field (see Attachment D:

Statement of Work for minimum years). The lack of experience at an Indian Health Service, Service Unit should not discourage a potential Contractor from submitting an offer. Past performance evaluation will consider reliability of past performance information, source of information, and the relevance of information. Offerors without relevant past performance or for whom past performance information is not available, will receive a neutral rating.

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

2. Offeror shall submit at least one (1) to three (3) or more similar or same scope of contracts with government agencies and private industry in terms of quality of work, compliance with performance schedules, provision of qualified persons to client both at time of award and to replacement of

Contractor persons. In addition PPIRS and FAPIIS data may be used for evaluations.

The following adjectival rating system will be used by the Government to determine the overall past performance rating of each proposal:

Past Performance Rating System Standards and Definitions:

The definitions below reflect the Government assessment of solicitation compliance and the expected results on the offeror's proposed approach. The rating focus on strengths and weaknesses of the

Contractor’s technical proposal based on the Technical Ratings below:

PAST PERFORMANCE RATING

Rating Description

Very Low Risk Offer's past performance record provides essentially no doubt that the offeror will successfully perform the required effort.

Low Risk Offer's past performance record provides little doubt that the offeror will successfully perform the required effort.

Moderate Risk Offer's past performance record, although satisfactory, provides some doubt that the offeror will successfully perform the required effort.

High Risk Offeror's past performance record provides substantial doubt that the offeror will successfully perform the required effort.

Neutral/Unknown Risk The offer has no relevant past performance record. A thorough search was unable to identify any past performance information.

PRICE:

Cost/price will not be evaluated for reasonableness, as competition establishes price reasonableness. A

Comparison of the proposed prices will satisfy the requirement to perform. Award (s) shall be made to the offeror(s) whose proposal represents the best overall value with tradeoffs to the Government.

The price proposal shall be specific, complete in every detail, and separate from the technical proposal.

The price proposal shall be submitted on Rate Schedule.

The Government intends to evaluate offers and award a single or multiple award contract (s) 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

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) informalities and minor irregularities in offers received. The Government may exercise its right to award without discussions.

The price proposal shall be specific, complete in every detail, and separate from the technical and past performance proposal. Use the Attachment A ‐ Rate Schedule. Contractor shall state in their proposal that the quote shall remain effective for 120 calendar days after close of solicitation.\

E. 52.212‐3 Offeror Representations and Certifications—Commercial Products and Commercial

Services (Oct 2022)

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

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204‐

25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

Economically disadvantaged women‐owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Reasonable inquiry has the meaning provided in the clause 52.204‐25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern

Sudan;

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

(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"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service‐disabled veteran‐owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service‐disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service‐disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service‐ disabled veterans or, in the case of a service‐disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service‐disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212‐3, Offeror Representations and Certifications‐Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

(2) Veteran‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran‐owned small business concern.

(3) Service‐disabled veteran‐owned small business concern. [Complete only if the offeror represented itself as a veteran‐owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service‐disabled veteran‐owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women‐owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women‐owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that‐

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the

WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

(8) Women‐owned business concern (other than small business concern). [Complete only if the offeror is a women‐owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women‐owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first‐tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

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

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST) concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246‐

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

(i) It □ has, □ has not par cipated 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 http://uscode.house.gov/

U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of

Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American‐Supplies."

(2) Foreign End Products:

Licensed Practical Nurses (LPN), Certified Medical Assistants (CMA), Certified Surgical Technicians (CST)

Line Item No. Country of Origin

[List as necessary]

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

(g) (1) Buy American‐Free Trade Agreements‐Israeli Trade Act Certificate. (Applies only if the clause at

FAR 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act, is included in this…