N62645-16-T-0007_Combined_Synopsis_Solicitation_10_May_2016__final.doc

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is N62645-16-T-0015. The solicitation is issued as a request for quotation (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 05-87 are incorporated. It is the contractor’s responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR and DFARS clauses may be accessed in full text at this address: http://farsite.hill.af.mil/. This is a Brand Name or Equal requirement; all qualified vendors are encouraged to submit a quote.

The NAICS code is 339114 with a business size standard of 500. There are no set-aside restrictions for this requirement.

The Naval Medical Logistics Command is requesting responses from qualified sources capable of providing Digital Dental Imaging (DDI) equipment and software. With the exception of Apteryx, Inc. brand software and in accordance with FAR 52.211-6 CLINs 0001 through 0003 are Brand Name or Equal and shall meet the minimum requirements of the Government as described in this solicitation. A justification and approval for the Apteryx, Inc. brand software is attached. This solicitation will result in one firm fixed price contract.

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Section SF 1449 - CONTINUATION SHEET

DDI UPGRADE - USS CARL VINSON

FFP

DENTAL DIGITAL IMAGING SYSTEM UPGRADE INCLUSIVE OF HARDWARE, ACCESSORIES AND SOFTWARE. THE ESSENTIAL CHARACTERISTICS (MINIMUM REQUIREMENTS) OF THE GOVERNMENT ARE INDICATED IN THE STATEMENT OF REQUIREMENTS. SCHEDULE B - PRICING WORKSHEET MUST BE COMPLETED WITH A LINE ITEM PRICE PER COMPONENT AND INCLUDE A TOTAL PRICE. SEE ATTACHMENT 1 FOR FEDERAL JOINT TRAVEL REGULATIONS (FJTR).

FOB: Destination

MILSTRIP: N6264516RC25001

PURCHASE REQUEST NUMBER: N6264516RC25001

ADDITIONAL MARKINGS: USS CARL VINSON (CVN 70); TCN: R20993-6040-5001

NET AMT

DDI UPGRADE - USS RONALD REAGAN

DENTAL DIGITAL IMAGING SYSTEM UPGRADE INCLUSIVE OF HARDWARE, ACCESSORIES AND SOFTWARE. THE ESSENTIAL CHARACTERISTICS (MINIMUM REQUIREMENTS) OF THE GOVERNMENT ARE INDICATED IN THE STATEMENT OF REQUIREMENTS. SCHEDULE B - PRICING WORKSHEET MUST BE COMPLETED WITH A LINE ITEM PRICE PER COMPONENT AND INCLUDE A TOTAL PRICE. SEE ATTACHMENT 1 FOR FEDERAL JOINT TRAVEL REGULATIONS (FJTR).

FOB: Destination

MILSTRIP: N6264516RC25003

PURCHASE REQUEST NUMBER: N6264516RC25003

ADDITIONAL MARKINGS: USS RONALD REAGAN (CVN 76); TCN: R22178-6040-5003

NET AMT

DDI UPGRADE - USS BONHOMME RICHARD

DENTAL DIGITAL IMAGING SYSTEM UPGRADE INCLUSIVE OF HARDWARE, ACCESSORIES AND SOFTWARE. THE ESSENTIAL CHARACTERISTICS (MINIMUM REQUIREMENTS) OF THE GOVERNMENT ARE INDICATED IN THE STATEMENT OF REQUIREMENTS. SCHEDULE B - PRICING WORKSHEET MUST BE COMPLETED WITH A LINE ITEM PRICE PER COMPONENT AND INCLUDE A TOTAL PRICE. SEE ATTACHMENT 1 FOR FEDERAL JOINT TRAVEL REGULATIONS (FJTR).

FOB: Destination

MILSTRIP: N6264516RC25004

PURCHASE REQUEST NUMBER: N6264516RC25004

ADDITIONAL MARKINGS: USS BONHOMME RICHARD (LHD 6); TCN: R22202-6040-5004

NET AMT

SCHEDULE B - PRICING WORKSHEET

SEE ATTACHMENT 2 FOR PRICING WORKSHEETS

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

ATTN: USS CARL VINSON, R20993

2680 WODEN STREET

BLDG-3304

SAN DIEGO CA 92136-5491

619-545-7460

FOB: Destination N49381

ATTN: USS RONALD REAGAN (CVN 76), R22178

1968 GILBERT STREET

BLDG W-143, DOORWAY 21

NORFOLK VA 23511-3392

757-443-3232

ST3117

ATTN: USS BONHOMME RICHARD, R22202

DDYJ SASEBO DETACHMENT

RECEIVING OFFICER

TATEGAMI CHO WAREHOUSE 14

SASEBO JAPAN 857-0063

(301)619-3427

SW3143

STATEMENT OF REQUIREMENTS

The USNS Fleet has a requirement for a Dental Digital Imaging (DDI) system onboard the USS Ronald Reagan (CVN-76), USS Bonhomme Richard (LHD-6) and the USS Carl Vinson (CVN-70). See delivery schedule for the location of each ship. See Schedule B (Attachment 2) for a separate and complete list of equipment, components, accessories and software required for each ship.

In accordance with FAR 52.211-6, all hardware, components and accessories are Brand Name or Equal. The Apteryx, Inc. software is Brand Name Only with a Justification and Approval attached with this solicitation. The minimum requirements of the Government are listed below.

Orthopantomograph X-Ray unit (for the USS Ronald Reagan only) is as follows:

For one (1) ea. straight Digital, Extra-Oral X-ray unit. The item shall be fully capable of producing a digital Extra-oral image using a high frequency Direct Current (DC) generator at an operating frequency between 100 and 130 kHz. The Generator shall use V shape technology and run at 65-78 kV and 6-10 mA. The generator shall use smart features to determine patient size to determine exposure time in order to minimize patient radiation exposure. The unit shall have an X-ray filter of 2.8 mm Al. The unit shall be capable of producing image pixel size of 96 Micrometers. The image height shall be 147 mm. Image scan time shall exceed 10 seconds. The image shall be capable of being imported into the Apteryx software used throughout the fleet. The unit shall run on windows platforms and utilize a LAN/Ethernet connection to the computers. The unit shall incorporate a remote exposure switch and all alignment tools to alight the tube head. The unit shall be capable of procuring Standard Panoramic, Pediatric, Temporal Mandibular Joint and Bite-wing X-rays. The unit shall secure to the bulkhead (wall) and the deck (floor) of the ship to prevent it from becoming a hazard in a shock event. The unit shall be no more than 89” (SHORT COLUMN) high and be installed in a foot print of no more than 33” in width by 47” in depth. The unit shall not exceed 265 lbs. The unit shall operate on 110 VAC 60Hz. Not exceed current consumption of 12 Amps.

The operatory computers shall meet the minimum requirements as follows:

A 2.8GHz or higher Intel i5 processor

8 GB of RAM

500 GB Hard Drive

Two integrated Network Interface Cards

DVD/CDRW drive

USB Smartcard Reader keyboard, and

ActivCard Gold v3.0 middleware software and Windows 7 operating systems

The server shall meet the minimum requirements as follows:

Multi-core server with separate hard drives for OS and application data.

Data drives should be at least RAID 4 on multiple drives with fast I/O (15k) capabilities.

Windows Server 2008R2.

At least 16GB RAM

500 GB Hard Drives

DVD/CDRW Drive

USB Smartcard reader keyboard (or KVM for the 2 rack mounted servers)

The USS CARL VINSON (CVN-70) and the USS RONALD REAGAN (CVN-76) require rack mount server configurations.

USS BONHOMME RICHARD (LHD 6) requires a tower server configuration.

The Uninterruptable Power Supply (UPS) units for the above servers shall meet the following minimum requirements:

Supply a minimum of 1000-1500 Volt Amps

Must be able to provide at least 30 minutes of sustainable power

The UPS proposed for use must be authorized/approved for shipboard use.

The USS CARL VINSON (CVN-70) and the USS RONALD REAGAN (CVN-76) require rack mount UPS configurations.

The ethernet switches shall meet the minimum requirements as follows:

Ethernet Switches must be approved for shipboard use. Ethernet switches proposed to support CVN class ships shall be 12 to 24 port. Ethernet switches proposed to support LHD ships shall be 8 port.

The scanner shall meet the minimum requirements as follows:

Scan Department of Defense Common Access Card barcodes for accessing patient information.

The monitors shall meet the minimum requirements as follows:

Standard desktop 19” LCD display monitor(s) shall be provided

The Dental X-ray Capture computer shall be located in the Dental X-ray space. It must be connected to the dental panoramic machine. The Dental Digital Imaging (DDI) replacement network shall be compatible with the existing network and intraoral sensors (manufactured by Carestream Dental LLC products). The DDI computer network shall utilize Commercial Off the shelf (COTS) hardware (server, storage, switches, etc.). The capture workstation shall have the capacity to house four (4) years’ worth of patient data and images. The server and/or Network Accessible Storage (NAS) shall have the capacity to house five years’ worth of patient data and images and be configured to maximize data integrity and redundancy. Hot swappable RAID drives with drives speeds of at least 15,000 rpm and enough storage capacity for a mirrored back-up of the database and images shall be required. In addition to the above minimum requirements a redundant hard drive RAID 4 or higher shall be included on the server and include a tape back up to ensure preservation of the images in the event the hard drive fails. The system shall provide a redundant system configuration for data integrity and minimize system down time.

The offeror shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). Specifically, the procurement, development, maintenance, or integration of electronic and information technology (EIT) under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at CFR part 1194.

The offeror shall provide the required DDI hardware, software, project plan, installation plan, installation documentation to include a Bill of Materials (BOM) with line item pricing and services.

The offeror shall provide full warranty support of all new hardware and software, supplies and services for a period of not less than one (1) year. Offerors shall acknowledge that there shall be no charge for services or software support during the warranty period (for normal warranty support).

Each operatory will require its own computer, UPS and monitor installed into the existing stainless steel shelving unit(s). The servers shall be located in the dental department x-ray room. The computers and server shall be loaded with the current Apteryx, Inc. Digital Imaging and Communications in Medicine (DICOM) Viewer (DCV) software package, which includes DCV DataManager (server Application) and DCV Client (government furnished workstation), by the offeror. This software shall incorporate the federal social security number reduction act numbering scheme. The fleet will provide the installer with a list of Ship personnel onboard each ship, which the offeror is required to load at the time of installation. The new computers shall be tested to ensure the Apteryx application can access and manipulate dental images. The offeror shall provide user operational training to the staff to ensure they can operate all of the acquisition devices detect, interpret the X-rays and store them on the server and back up the data.

This network does not connect to the shipboard LAN and shall remain separate from that network.

The offeror shall, at the completion of the computer installation, ensure that the DDI network:

Seamlessly acquires, views, prints, stores, and transfers images and data within the ship.

Provides a redundant system configuration for data integrity and minimize system down time.

Provide DDI refresher training to the dental department staff.

This installation will need to be performed onboard each (identified) U. S. Navy ship at their respective locations. See delivery schedule for location of each U.S. Navy ship. All parties involved with the installation will need to be U.S Citizens and have current government issued IDs.

Offerors shall adhere to DHA Privacy and Security of Personally Identifiable Information (PII), Protected Health Information and HIPAA-Compliant Business Associate Agreement (BAA) for the MHS as found at the following two websites:

1. http://www.tricare.mil/tma/ams/downloads/atch/DHAPGI2241-90Atch2.pdf

2. http://www.tricare.mil/tma/privacy/downloads/BAA%20standard%20contract%20language%20-%2018%20Nov%202013.pdf

INSTRUCTIONS TO OFFERORS

**ADDENDUM to 52.212-1 Instructions to Offerors – Commercial Items**

This section specifies the format and content that Quoters shall use in this Request for Quote (RFQ). Offerors shall submit a quote that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Any quote which does not provide, as a minimum, that which is required in the solicitation may be determined to be substantially incomplete and not warrant any further consideration.

All questions must be addressed to Deborah.L.Hagan.civ@mail.mil by email only no later than 19 May 2016 1:00 p.m. local time. No phone calls accepted.

Quotes may be submitted as MS Word, Excel or Adobe PDF attachments to Deborah.L.Hagan.civ@mail.mil no later 10 June 2016 12:00 p.m. local time.

All Quoters shall provide the following company details:

· Complete company name and address

· Company Point of Contact (POC)

· Email

· Phone Number

· CAGE Code

· DUNS number

· Place of Manufacture

Technical: The information for each of the general and functional requirements shall be submitted and clearly indicate compliance with sufficient details to demonstrate the offeror’s capability to meet the requirements of the solicitation. Quotes shall include a description of how the offeror proposes to meet the requirements of the government, including what equipment will be provided, how it will be installed, and the time required for installation. Pertinent technical specifications shall be included. The offeror shall provide the required DDI hardware, software, project plan, installation plan, installation documentation to include a Bill of Materials (BOM) with line item pricing and services. Any explanation of how this feature provides a benefit to the government shall be included in this section.

Past Performance: The vendor shall provide recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information) for up to 5 data points within the last three years. Past performance older than three years will be considered not recent. The data shall include, but is not limited to: Organization/Location, POC/Number and email, Contract Reference Number, Contract Date, Value of the Contract, and a description of the requirement. The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided above.

Price: Quotes shall specify individual component pricing (pricing worksheets) and a total price per CLIN. Adequate competition is anticipated for this acquisition. The government anticipates award of a Firm Fixed Price contract. Offerors shall submit firm-fixed pricing for all above requirements.

Offeror must provide lead time for installation after receipt of order.

Other Administrative Instructions:

The Quoter shall complete and submit DFARS Provision 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

· Contractors must be registered in the System for Award Management (SAM) database at time of award. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/.

BASIS OF AWARD

**ADDENDUM to 52.212-2 Evaluation – Commercial Items** The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quote represents the best value, price and other factors considered. Factors 1 through 2 below are more important than price. However, price may become a critical factor in the event that two or more offerors are determined to be essentially equal following the evaluation of technical and past performance factors. Evaluation of price will be based on the offeror’s total price for all line items.

1. Technical Factors - The government will evaluate each offer to determine the ability to meet the requirements of the solicitation to acquire, view, print, store, and transfer images and data within the ship. The Government will evaluate quotes based on conformance to the minimum requirements as indicated in this solicitation. Notes: Apteryx, Inc. software is brand-name only. Alternatives to this software will not be accepted. All other items specified in this solicitation are brand-name or equal. If travel is required, the costs shall only be reimbursed in accordance with the Federal Acquisition Regulations 31.205-46 and the Federal Joint Travel Regulations (FJTR) prescribed by the General Services Administration.

2. Past Performance Factor - Contractors will be evaluated based on their past performance. This shall include adherence to contract requirements, quality of products and service.

3. Price – Quotes received will be evaluated for reasonableness and completeness. Evaluation of completeness will include the following: all amendments are acknowledged, all pricing worksheets and CLINs are priced, System for Award Management (SAM) registration information is provided and provisions as listed in the solicitation are completed and submitted.

The offeror’s initial proposal shall contain the offeror’s best terms from a price and technical standpoint. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) 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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

(8) 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.

(d) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

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

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

(2) Foreign End Products:

(List as necessary)

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

(g)(1) Buy American--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 solicitation.)

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

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

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

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this…