19Q0317.docx

N0040619Q0317

N0040619Q0317

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTICE TO OFFERORS

**** THIS SOLICITATION MUST BE COMPLETED AND RETURNED IN FULL TO BE CONSIDERED RESPONSIVE****

1. All questions regarding this solicitation should be submitted in writing to the Contract Specialist, DIANE FOSKETT AT diane.foskett@navy.mil

2: Offerors shall submit their signed offers electronically to:

Diane.foskett@navy.mil

QUOTES DUE BY 9/13/2019

****CONTACT CONTRACTING OFFICIAL AT EMAIL:

DIANE.FOSKETT@NAVY.MIL

E-MAIL: DIANE.FOSKETT@NAVY.MIL

PHONE 360 476 1118

PLEASE PROVIDE:

YOUR NAME: __________________________________________________________

YOUR SAM CAGE CODE NUMBER: ____________________________________________

YOUR E-MAIL ADDRESS: ________________________________________

YOUR PHONE NUMBER: _________________________________________

YOUR FAX NUMBER: __________________________________________

LIST YOUR COMPANIES SIZE: LARGE OR SMALL

(YOUR COMPANY MUST BE REGISTERED WITH **SAM** (SYSTEM AWARD FOR MANAGEMENT** IN ORDER TO RECEIVE A GOVERNMENT AWARD) INTERNET ADDRESS FOR SAM IS: https://www.sam.gov

THIS IS ALWAYS A FREE SITE TO REGISTER TO

RETURN QUOTE TO THE EMAIL ADDRESS ABOVE:

PAYMENT INFORMATION WILL BE ENTERED IN ANY RESULTING AWARD BY WIDE AREA WORK FLOW

The contractor shall utilize the electronic invoicing upon delivery of supplies indicated herein. Invoices must be submitted electronically using Wide Area Work Flow (WAWF) – Receipt and Acceptance. The contractor shall self-register at the web site: https://wawf.eb.mil . Contractor training is available on the Internet at https://wawftrainingeb.mil . Additional support can be accessed by calling the NAVY WAWF Assistance Line:

1-877-251-WAWF (9293)

SEE DFARS CLAUSE 252.232-7006 IN AWARD

STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

LAUNDRY SERVICES SPECIFICATIONS

1.0 GENERAL - All work under this contract shall be accomplished in accordance with standard commercial practices. All items are to be laundered or cleaned in accordance with what is known commercially as “Finished Work”. See paragraph 8.0 for the process. Laundering and cleaning shall be affected in accordance with the best commercial standards, utilizing materials and method that are not deleterious to the fabrics. No Dry Cleaning is required under this contract. See paragraph 17 for references US Naval Hospital Bremerton must be in compliance with.

2.0 PICKUP AND DELIVERY POINTS AND TIMES–The location for pickup and delivery time are set forth

Naval Hospital Bremerton Linen Department Boone Road CSR/Sub-level/Code 0742 Bremerton, WA 98312-1898 360-475-4299/4501/4133

AM Daily By 0830 AM the following work day* (Within 24 Hours) *Saturday pick-up delivered Monday

Branch Medical Clinic N-91, Bldg. 2050 Naval Subase, Bangor Silverdale, WA 98315 360-315-4372

Branch Dental Clinic Bldg. 2050 Naval Subase, Bangor Silverdale, WA 98315 360-315-4316

By 1100 AM the Following Thursday

*This schedule shall be maintained during the performance of these mission essential services.

3.0 HANDLING – The contractor shall be responsible for all articles of laundry (Government-owned) in his possession. When the laundry is in possession of the Contractor, it shall be adequately stored and protected. Mixing of dirty and clean articles is prohibited. The laundry facility shall ensure solid physical separation between clean and contaminated linen at the laundry facility. A positive/negative air flow shall be established between these spaces. Laundry that has been segregated shall be returned in the same manner.

Billing should be made based on finished clean weight rather than soiled. Daily reco Hibiclens Frds will be maintained by the hospital. Average variance between clean and soiled weight should not exceed 8 percent.

4.0 VEHICLE / EQUIPMENT-

4.1 Vehicles used to transport laundry shall be clean, conform to commercial standards, and be equipped to protect against laundry contamination. Clean and contaminated (soiled) linen may be maintained in transport simultaneously, within the same vehicle, as long as it is contained in distinctly separate, covered containers. Vehicles shall be subject to examination at any time by the Surveillance Officer.

5.0 INVOICING – The Contractor shall invoice on a monthly basis by line item. Contractor shall provide a copy of delivery receipts with each invoice. The Contractor shall also attach tares to the monthly invoice and each delivery receipt.

6.0 LOST / DAMAGED LAUNDRY – Replacement or repair of any lost or damaged laundry shall be in accordance with the clause entitled “252.237-7015 Loss or Damage (Weight of Articles) (Dec 1991)”.

6.1

6.2 Unserviceable linen (not fit for use) shall be identified by the contractor prior to packaging and shipment to the customer. This shall be an integral part of the contractor’s Quality Control Plan (See Para. 11.0). Linen identified as unserviceable shall be packaged (bagged) separately from “finished work” identified as such and returned to the customer. Final determination as to the disposition of such linen shall be at the discretion of the customer.

7.0 BASKETS – The Government shall furnish roller baskets to transport Naval Hospital Bremerton (NHB) laundry to and from the contractor’s facility. All carts shall be cleaned and sanitized prior to being loaded with freshly laundered goods. Clean linen shall be protected with clean (new) plastic covers or bags prior to being loaded for delivery. Clinic locations have a significantly less amount of laundry than the NHB, so bags or contractor owned bins would be appropriate.

8.0 PROCESS - The Contractor shall process the laundry in accordance with industry standards as follows:

8.1 Perform any necessary pre-wash sorting.

8.2 All blood work shall be handled separately from other soiled linen. Wash formula must insure removal of bloodstains and contaminants. The use of chlorine based compounds shall be reserved for blood work and stain reclamation (Stain Wash). Non-chlorine based compounds shall be employed to remove stains on all other linen, as they are much less inclined to produce “premature fabric degradation” (tensile strength loss) and do not produce permanent stains when interacting with certain hospital anti-microbial agents, i.e. Hibiclens.

8.3 All laundry shall be washed in such a manner as to remove or destroy all pathogenic bacteria.

8.4 Wash, dry, and fold all items.

8.5 Iron all flat work (sheets, pillowcases).

8.6 Items determined by the Surveillance Officer to be re-laundered (e.g. excessive lint/ stains, etc.), will be accomplished at no charge, and shall not exceed 5%, during any monthly period. The Surveillance Officer will track all re-laundry services.

8.7 OR wraps and surgical field towels are required to be lint-free and should not be ironed. These articles shall be laundered separately from other hospital linen, without the use of fabric softeners, as these and all chemical residuals impede the sterilization process.

8.8 Clean laundry shall be sorted, weighed, and packaged (secured) by like color and kind (i.e. patient gowns with patient gowns, I.V. gowns with I.V. gowns, etc). Scrubs will be sorted by color and separated by size. Sample packaging requirements will be provided to the contractor if required, for employee training and to ensure that specifications are understood and met.

8.9 Laundry will be returned in sanitized baskets covered with clean (new) plastic covers or bags.

8.10 Any items found on or in laundry (nametag, pin, needles, syringes, etc), during the receipt, process or return of laundry by either the Contractor or Government will be reported to the Surveillance Officer.

8.11 Wool and synthetic articles are to be dried using low heat to prevent deleterious effects. Adequate “cool down” of synthetic textiles and (cotton poly) blends shall be achieved to prevent flash melting. Permanent Press articles shall be removed from dryers “slightly damp”. It is preferred that these articles be further processed using “Steam Tunnels” or some similar piece of equipment.

8.12

9.0 DELAYS – The Contractor shall notify the surveillance officer at the hospital when an equipment malfunction or other problem will cause delay in pick-up or delivery of laundry.

10.0 CONTAMINATED LINENS-

10.1 All soiled hospital linen is considered to be contaminated / infectious and will be handled accordingly. Contractor management must ensure that appropriate personal protective equipment / garb is worn by laundry personnel who handle soiled hospital linens. The Contractor must comply with all local, state, and federal regulations and/or laws pertaining to the transportation, and handling of linens contaminated with pathogenic microorganisms.

10.2 The Contractor must have facilities available whereby goods contaminated with pathogenic micro-organisms/diseases can be received, and stored separately from clean linen.

10.3 The Contractor must remove or destroy all contaminates, pathogenic bacteria and other agents in the laundering process and prevent the reintroduction of such agents to the linens.

10.4 All soiled linen covered by this contract shall be considered contaminated and shall at all times be kept physically separated from clean linen during the processing and/or transit.

10.5 Soiled linen from patients with communicable diseases shall be placed in specially marked double-bags provided by the Contractor.

10.6 Soiled nursery linen shall be washed separately from other hospital linens. This linen must remain soft, with the souring process adequate to maintain optimal skin compatibility.

10.7 Laundry carts and bags must be handled, transported by the Contractor in such a manner as to alleviate the possibility of cross-contamination of clean linen by soiled line, i.e. sanitizing of carts, bags, and hampers after soiled linen transport.

10.8 Any physical barriers interposed between clean and soiled linen must be impervious to penetration by any and all disease agents.

10.9 Delivery Ticket. The Contractor shall provide a piece count of items processed with all clean laundry returned. Such record shall be typed or computer generated, with items listed on an 8 ½” x 11” sheet or form. Total weight figures (at Contractor’s place of business) for incoming (soiled) and outgoing (finished work) shall also be reflected on the delivery ticket. Piece count and weight information will be used by the government to verify invoices for payment and as an inventory management tool to identify linen replacement requirements.

11.0 WORK STANDARDS - All workmanship, including delivery, shall be of Best Management Practices (BMPs) of the healthcare laundry and dry cleaning industries.

11.1 Contractor shall be accredited by the Healthcare Laundry Accreditation Council (HLAC) and certified by the Textile Rental Service Association (TRSA), producing consistently “Hygienically Clean” results.

11.2 The Contractor must have a quality control manual, which ensures compliance with The Joint Commission (TJC), (HLAC), (TRSA), Washington Automated Code (WAC) and all applicable infectious disease requirements. The QC Manual shall also address Exposure Control Plan (ECP), inventory management, handling, re-laundry, and loss and damage of items.

11.3 The Contractor shall inform the Government of all cleaning agents used for hospital/clinic laundering and shall inform the Government immediately of any change in cleaning agents.

11.4

11.4 In addition to TJC guidelines, all linen articles are to be washed and finished as specified in accordance with the following industry standards:

11.4.a Laundry will be free of contaminates and pathogenic bacteria (“Hygienically Clean”).

11.4.b Fabrics will be clean of all soils, spots, and stains.

11.4.c All work will be of a uniform high quality, entirely clean, dry, and free of excessive lint.

11.4.d. Linen articles will be free of objectionable odors.

11.4.e Fabrics will be free of any trace of detergents or laundry processing products which might cause irritation to the skin or cause premature fabric degradation.

11.5 Naval Hospital regulations require inspection of laundry cleaning facilities. The Contractor agrees to allow quarterly plant inspections conducted at the discretion of the Surveillance Officer and/or Preventive Medicine Office, and Infection Control Nurse. The Contractor will take action to correct any discrepancies noted by these inspections. The inspection standards that will be utilized are referenced in paragraphs 11.0 and 16.0.

12.0 ENVIRONMENTAL- The contractor shall comply with all Federal, State, and local jurisdiction, regulatory and administrative code requirements involving Environmental Protection and Hazardous Waste Management.

13.0 CONTRACTOR FACILITY

13.1 The nature of the work required by the proposed contract will require close liaison. Therefore, the contractor’s facility in which the majority of the work under the contract is performed must be located within a two hour commuting distance from all the Government facilities. The facility must have adequate buildings or equipment sufficient for performance of the work required.

14.0 SURVEILLANCE OFFICER

14.1 The surveillance officers identified in the clause entitled “Surveillance of Firm-Fixed Services” will act as liaisons between government and contractor personnel. In addition, the surveillance officer will conduct quality assurance of services performed and acceptance of such services, provide technical advice, address security issues, submit applicable reports to the ACO, and alert the PCO/ACO of any potential problems.

15.0 MISCELLANEOUS

15.1 It is emphasized that only the contracting officer has the authority to modify the term of the contract, therefore, in no event will any understanding, agreement, modification, change order or other matters deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the government.

15.2 When/if in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the Procuring Contracting Officer (PCO) in writing.

15.3 The contractor must take no action unless the PCO or Administrative Contracting Officer has issued a contractual change.

15.4

16.0 REFERENCES- The services provided by the contractor shall comply with the following regulations:

16.1 NAVMED P-5010, Manual of Naval Preventative Medicine, Chapter 2, “Sanitation of Living Spaces and Related Service Facilities”: specifically Section IV: “Laundry and Dry Cleaning”, dated Jan 1995. (http://www.vnh.org)

16.2 The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and applicable infectious disease requirements dated 01 Jan 1997. (http://www.jcaho.org)

16.3 Washington Administrative Code (WAC) 246-318-160. (http://www.mrsc.org/wac.htm)

16.4 Centers for Disease Control (CDC) Guidelines, where applicable. (http://www.cdc.gov)

16.5 Local, State, and Federal Regulations, where applicable.

17.0 HISTORICAL DATA FOR CONTRACT LINE ITEMS

LOT I – BREMERTON NAVAL HOSPITAL

FLATWORK GARMENTS

Towel, Surgical Field (do not iron) Towel, Multi-Purpose (Blue) (do not iron) Wrap, Pocket Surgical Instrument (do not iron) Wrap, Sterile, 24” (do not iron) Wrap, Sterile, 36” (Do Not Iron) Wrap, Sterile, 48” (Do Not Iron) Wrap, Sterile, 54” (Do Not Iron)

TOTAL POUNDS 266,000

MISCELLANEOUS ITEMS

Various articles

TOTAL POUNDS 1000

LOT II –BANGOR MEDICAL CLINIC

FLATWORK GARMENTS

Pillowcase Sheet, all sizes

Wrapper, Sterile 12 inch Wrapper, Sterile 18 inch Wrapper, Sterile 24 inch Wrapper, Sterile 36 inch Towels, Bath Towels, Surgical Wash Cloths

TOTAL POUNDS 7,029

LOT V – BANGOR DENTAL CLINIC

FLATWORK GARMENTS

Lab Coat

TOTAL POUNDS 1000

18.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) (IAW 10 USC 235 and 2330a) “The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Naval Hospital Bremerton via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Governmental fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than Oct 31 of each calendar year, beginning with 2013.

Contractors may direct questions to the help desk at: http://www/ecmra.mil

19. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) Performance will be measured in accordance with the following table:

Pick up all soiled linen according to the schedule in the Performance Work Statement (PWS).

100% Adherence Oversight by the Surveillance Officer.

Contractor facility meets or exceeds work standards as indicated in PWS.

100% Compliance Quarterly onsite survey by the Surveillance Officer, Inspection Control Officer and Preventative Medicine.

All laundered articles are properly sorted, like items are staged and/or packaged as indicated in the PWS.

100% Compliance Routine monitoring of deliveries by the Surveillance Officer, including daily review of delivery receipts.

If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

Section SF 1449 - CONTINUATION SHEET

LAUNDRY SERVICES

FFP

NAVAL HOSPITAL BREMERTON LINEN DEPARTMENT-BREMERTON WA

***SEE STATEMENT OF WORK ATTACHED****

FOB: Destination

MILSTRIP: N4523720RC5L003

PURCHASE REQUEST NUMBER: N4523720RC5L003

PSC CD: S209

NET AMT

LAUNDRY SERVICES

BRANCH MEDICAL CLINIC N-91, BLDG. 2050 NBK-BANGOR

***SEE STATEMENT OF WORK ATTACHED****

FOB: Destination

MILSTRIP: N4523720RC5L003

NET AMT

LAUNDRY SERVICES

BRANCH DENTAL CLINIC, BLDG. 2050 NBK-BANGOR

***SEE STATEMENT OF WORK ATTACHED****

FOB: Destination

MILSTRIP: N4523720RC5L003

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2020

FOB: Destination

30-SEP-2020

30-SEP-2020

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services,” “Critical technology,” and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that—

It ___ will, ____ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause—

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). “Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

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 (u)) 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.

“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.

“Veteran-owned small business concern” means a small business concern—

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

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

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

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

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

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

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 applicable to the NAICS code 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 (u) 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 is to be performed in the United States or its outlying areas. Check all that apply.

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

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small 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: 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) 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 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

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

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

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

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

(i) It [ ___ ] has developed and has on…