N6264517R0066_08-01-17.docx

N6264517R0066

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and FAR 13, Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation on an SF1449 will not be issued. The solicitation number is N6264517R0066. The solicitation is issued as a Request for Proposal (RFP). Provisions and clauses in effect through Federal Acquisition Circular 05-95 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://acquisition.gov/far and http://www.acq.osd.mil/dpap/sitemap.html.

The NAICS code is 325120, with a small business size of 1,000 employees. All qualified vendors are encouraged to submit a proposal.

CYLINDER GASES

FFP

SEE TABLE BELOW FOR CYLINDER GAS PRICING SPREADSHEET FOR DETAILED PRICING.

FOB: Destination

MAX

NET AMT

HYDROSTATIC TESTING, CYLINDER

MAX

VALVE REPLACEMENT, CYLINDER

MAX

PAINTING AND STENCILING, CYLINDER

MAX

LIQUID OXYGEN FOR BULK GAS

Pricing is 88,572 cubic feet

MAX

DELIVERY FOR BULK GAS

MAX

EMERGENCIES AND SCHEDULED OUTAGES

Estimated at four (4) per year.

MAX

MAIN TANK

9,000 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

RESERVE TANK

500 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

MAX

MAX

NET AMT

MAX

FFP

MAX

MAX

FFP

MAX

FFP

9,000 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

500 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

NET AMT

NET AMT

NET AMT

MAX

FFP

MAX

MAX

FFP

MAX

FFP

9,000 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

500 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

NET AMT

NET AMT

NET AMT

MAX

FFP

MAX

MAX

FFP

MAX

FFP

9,000 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

500 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

NET AMT

NET AMT

NET AMT

MAX

FFP

MAX

MAX

FFP

MAX

FFP

9,000 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

FFP

500 Gallons

Contractor is responsible for onsite installation, testing and acceptance and filling with Liquid Oxygen.

MAX

CYLINDER GAS PRICING

Vendors should base contract pricing on yearly totals (not Weekly or Monthly).

BASE YEAR – CLIN 0001

OPTION YEAR 1 – CLIN 1001

OPTION YEAR 2 – CLIN 2001

OPTION YEAR 3 – CLIN 3001

OPTION YEAR 4 – CLIN 4001

ADMINISTRATIVE INFORMATION

THE POINT OF CONTACT FOR ADMINISTRATIVE CONCERNS FOR THIS CONTRACT AT NAVAL MEDICAL LOGISTICS COMMAND, 693 NEIMAN STREET, FORT DETRICK, MD 21702 IS KERRY MCKEAN, KERRY.A.MCKEAN.CIV@MAIL.MIL.

CONTRACTOR SUPPORT

Notice: Navy Use of Support Contractor For Contract Closeout Functions

Naval Medical Logistics Command (NMLC) uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the Small Business Administration’s 8(a) program and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

NMLC has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By signature of this order, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

INSTRUCTIONS TO OFFERORS

The Naval Medical Center San Diego (NMCSD) seeks to execute an Indefinite Delivery Indefinite Quantity (IDIQ) contract with the intent to have Government owned cylinders and contractor owned bulk oxygen tanks filled with medical-grade gases. The gases include compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, Lung Diffusion Mixtures and Liquid Oxygen. The IDIQ will be for a base and four (4) option years with an estimated start date of January 01, 2018.

Offerors shall submit signed and dated proposals to the office indicated in the Combined Synopsis Solicitation, to arrive no later than the date and time specified. The Offeror shall have a title page identifying the Offeror, the full address, phone/fax number, contacts (POCs) with email addresses, the solicitation number and its contents.

All questions must be submitted in writing via email NO LATER THAN 15 August 2017 by 1:00 PM Eastern Time (ET). Questions must be sent via EMAIL to kerry.a.mckean.civ@mail.mil, SUBJECT: N6264517R0066. NO telephonic questions will be accepted. Answers to questions will be addressed via an amendment to the solicitation which will be posted on to Federal Business Opportunities (FBO) website as soon as possible after the deadline for questions has closed. In the event multiple questions address the same issue, the Government reserves the right to answer a representative question that best exemplifies the issue. Please submit only one set of questions per company.

Proposals may be submitted as MS Word, Excel or Adobe PDF attachments to kerry.a.mckean.civ@mail.mil NO LATER THAN 31 August 2017 BY 1:00 PM Eastern Time (ET)

To be considered for award, proposals must contain the following information:

The cylinders shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver medical products for use in the United States of America. The claims made for the product shall comply with the regulations of the FDA with respect to products for marketing and delivery of a medical product for use in the United States of America. Incomplete proposals will not be considered. Offeror’s exceeding the page limitations will have those excess pages unread and not be evaluated. Font shall be Times New Roman. The size shall be 12pt and margins must be at least one inch

Technical Proposal: The technical proposal must describe, in a complete and logical manner, how the Offeror will meet all the requirements described in the Statement of Work. Offeror’s shall provide detailed information on their ability to satisfactorily meet the requirements and how they will accomplish different task areas in the Statement of Work. The technical proposal shall be in as much detail as considered necessary by the Offeror to fully describe their proposed technical approach and method. The technical proposal should reflect a clear understanding of the nature of work. Page limitation: 20 pages.

Past Performance Information: Offeror’s are invited to submit no more than 5 recent (within the past 3 years) past performance examples. Offeror’s should include a point of contact, current telephone number, and email address associated with each reference. The Government will consider most relevant those past performance examples where the offeror has provided the same gases as proposed here. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance. The NMCSD reserves the right to consider other past performance information at its disposal.

Price Proposal: Offerors shall provide proposed firm fixed prices for the base and four option years as specified in CLINs 0001 through 4009. However, pricing for CLINs 0001, 1001, 2001, 3001 and 4001 should be indicated on the spreadsheets that follow CLIN 4009 titled Cylinder Gas Pricing. The price proposal must include pricing for all CLINs. Any other associated costs required by tasks on the Statement of Work shall also be included. The Government will examine the Offeror’s price proposal for reasonableness compared to both the Government estimate and other offeror’s. The price proposal must also include completed Offer Representations and Certifications (see FAR 52.212-3).

Please provide pricing separately from the technical proposal and past performance information.

Other Administrative Instructions

· 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/.

· Small Business Subcontracting Plan: 5% Subcontracting Goal

· If applicable (for other than small business concern offerors under the assigned NAICS code herein), the offeror shall submit a subcontracting plan in accordance with FAR Clause 52.219-9 and DFARS Clause 252.219-7003 (for reference see FAR 19.704 and DFARS 219.704). The subcontracting plan requirement is not applicable to small business concerns qualified as such under the NAICS code assigned to this solicitation. Master subcontracting plans can be included as an appendix to the subcontracting plan. If the offeror believes there are no subcontracting possibilities, the offeror shall submit documentation sufficient to support its position.

STATEMENT OF WORK

Naval Medical Center San Diego Medical-Grade Cylinder & Bulk Gases

Introduction/Scope The effort required hereunder shall be performed in accordance with this Statement of Work (SOW) and all other terms and conditions set forth herein. The contractor shall fill Government owned cylinders and contractor owned bulk Oxygen tanks filled with medical-grade cylinder gases and provide delivery and pick-up services to the Naval Medical Center San Diego (NMCSD) and its Branch Clinics throughout San Diego CA. The gases include compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, Lung Diffusion Mixtures and Liquid Oxygen.

Government Technical Representatives A Contracting Officer Representative (COR) and Alternate Contracting Officer Representative (ACOR) will be designated in the contract for the ordering facility and its branch clinics. The COR is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR/ACOR’s specific responsibilities will be provided to the contractor and COR/ACOR at the time of contract award.

Contingency/ Emergency The contractor will provide written procedures to NMCSD staff with protocols to accomplish emergency shutdowns or other sudden, unplanned termination of the refilling process. Contractor will provide 24/7 emergency contact name(s) and telephone number(s) to be used in emergency situations. Contacts from the facility to the contractor concerning emergency situations must be responded to within one hour to confirm receipt of emergency notification to ascertain the nature of the emergency.

Prior to first filling, and annually thereafter, the contractor must verify, in writing, the accuracy of all gauges on all contractor and Government owned tanks.

Product Specification All medical gases shall conform to specifications prescribed in the United States Pharmacopeia (USP) and the National Formulary (NF). All medical gas manufacturers and fillers of medical gases shall be registered with the FDA and all medical gases shall be manufactured, processed, packed, transported, and stored according to the FDA’s Current Good Manufacturing Practice (CGMP) regulations and Title 21, Code of Federal Regulations, Parts 210, 211 and 201 for labeling.

In addition, the following specifications are incorporated into the solicitation and resulting contracts:

All products, equipment, and services provided under the contracts awarded under this solicitation shall be in compliance with all applicable Federal, State, and local regulations.

Delivery Requirements Orders for medical gases will be placed weekly via fax/email and confirmed with a follow-up phone call to the contractor. The ordering activity shall notify the contractor of the quantity, size, and type of empty cylinders ready for return and quantity, size, and type of medical gases to be delivered. The contractor will have 7 calendar days after receipt of order to deliver filled cylinders and pick-up empty cylinders. Contractor must be able to deliver gases within 24 hours upon ordering, if needed. FOB point is destination. All transportation charges for cylinders shall be included in the price of gas. Naval Medical Center San Diego’s normal business hours are Monday through Friday, 6:30 AM to 4:00 PM Pacific Time.

Pick up/ Deliver Location:

NAVAL MEDICAL CENTER SAN DIEGO

RECEIVING OFFICER

LOADING DOCK 1 (0800 - 1500)

34800 BOB WILSON DRIVE STE8

SAN DIEGO CA 92134-5000

Non-Repairable Government Property Disposition of non-repairable Government-owned cylinders is the responsibility of the ordering activity, NMCSD.

Marking In addition to markings required by the aforementioned laws and regulations, markings shall comply with Compressed Gas Association (CGA) Publications C-7- Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, dated 03/21/04.

Color Coding Cylinders shall be color coded in accordance with current Food and Drug Administration (FDA) Regulations.

Valves Valves shall comply with CGA Safety Bulletin SB-26 and CGA Publication V-1. (CGA Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections, dated 12/31/00). Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinders in a manner to protect the valves from injury during transit and delivery to the purchasers receiving area.

HYDROSTATIC TESTING

Retest Date If applicable DOT regulations would require retesting of cylinder within three (3) months after scheduled date of shipment to continental U.S. destination, cylinder shall be retested. Contractor will be required to retest any Government-owned cylinder when requested by the COR or Contracting Officer, regardless of scheduled retest data.

Method Government-owned cylinders which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means which will comply with the DOT regulations (49 CFR 173.34) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinders eligibility for modified testing or inspection. The Government shall pay for the hydrostatic testing of Government-owned cylinders at the prices outlined in the contract.

Cylinder Sizes Cylinder sizes shown below indicate the product capacity of those currently being used. All capacities are approximate, and the Government shall be billed based on cylinder size delivered. In accordance with the Federal Food, Drug and Cosmetic Act, the actual contents of the container must appear on the label.

Gaseous Cylinders Sizes: A, B, C, D, E, H, T, & M

Liquid Containers (Portable) Less than 160 liter capacity

Liquid Containers (Portable) Greater than or equal to 160 liters

Individual Agency Ownership of Cylinders Government-owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either Government-owned or contractor-owned, without authorization of the ordering agency.

Lost or Damaged Contractor-Owned cylinders If a cylinder is lost or damaged beyond repair while in the Government’s possession, the Government shall reimburse the contractor after 30 calendar days (time period of 30 days is set in case the Government locates missing cylinder). The Government shall pay the contractor the replacement value, less the allocable rental paid for that cylinder. If damaged, the cylinder will become the possession of the Government after payment has been made to the contractor.

Method of Shipment Empty Government-owned cylinders that are picked up from an ordering facility for re-fill or servicing shall be transported according to the DOT Regulations, using normal commercial practice to prevent damage to cylinders.

PRICE OF SERVICES FOR GOVERNMENT-OWNED AND CONTRACTOR-OWNED CYLINDERS

Services Included in the Price of Gas (Both Government and Contractor-Owned Cylinders):

The offeror’s price for the gas shall include the furnishing, at no additional cost, of all services which are required at each and every filling of a cylinder to comply with applicable regulations, specifications, and normal good practices. Such services shall include, but not be limited to: Tags indicating cylinder is “Full,” “In Use,” or “Empty,” inspection, testing, evaluation, and cleaning services required at each and every filling; and attachment of Government-furnished warning tags, when required. In addition to services listed in this paragraph, the contractor is responsible for all maintenance and testing of contractor-owned cylinders.

STRIPING AND PAINTING: Includes all lettering, stenciling, affixing of decals, metal lettering and/or number stamping when required by applicable regulation.

MEASUREMENT AND CONVERSION COMPUTATION, ATMOSPHERIC GASES AND HYDROGEN:

Density and data volume measurement equivalents printed in CGA Publication P-6 Standard Density Data, Atmospheric Gases and Hydrogen, dated 03/08/00, shall be used when necessary to convert measurement of these gases from one form to another; for example, from cubic feet to gallons.

EVALUATION FACTORS

The Government will award a contract resulting from this solicitation to the offeror whose proposal will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate proposals:

This is a best value procurement. The Government may elect to award to other than the lowest price based on the evaluation of the non-price factors and the best value to the Government. As individual factors, Technical is the most important followed by Past Performance and then price. The non-price factors when combined are more important than price. Price will become the controlling factor if the technical/past performance evaluations of 2 or more proposals are substantially equivalent.

Technical The Government will assess each offeror’s knowledge and understanding of the requirement as outlined in the SOW. The Government will assess the offeror’s approach in identifying the methodology and analytical techniques used to fulfill the technical requirements.

The Government will assign a rating of acceptable or unacceptable:

Past Performance This evaluation factor will assess the degree to which the respondent possesses knowledge and experience on relevant efforts. Relevant efforts are those that have the same size, scope, and complexity to the requirements contained in this RFP. The offeror must provide a list of no more than 5 references of relevant past and present contracts for Federal, State and/or City agencies and commercial customers within the past 3 years. References must include:

The Government may also consider information obtained through other sources. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort. Ensure that contract information is accurate and up-to-date, as references will be checked.

Price The degree to which the offeror’s proposed price represents a fair and reasonable price.

Small Business Participation Plan

The Small Business Representative will review the subcontracting plan for acceptability. If an offeror fails to negotiate a subcontracting plan acceptable to the Contracting Officer within the time limit prescribed by the Contracting Officer, the offeror will be ineligible for award.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-DEC-2018

RECEIVING LOADING DOCK 1

34800 BOB WILSON DRIVE

SAN DIEGO CA 92134-5000

N00259

31-DEC-2018

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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 (JAN 2017)

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 located at https://www.sam.gov/portal. 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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance…