Pharmacy_Combined_Syn-Sol_(2).docx

Solicitation N6264517R0075 This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR Part 13 Simplified Acquisition Procedures. 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 N6264517R0075. The solicitation is issued as a request for quotes (RFQ). 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 339114, with a small business size of 500 employees. All qualified vendors are encouraged to submit a proposal.

The Naval Medical Logistics Command intends on awarding a single Indefinite Delivery Indefinite Quantity contract as a result of this solicitation. The Naval Medical Logistics Command (NMLC) requests responses from qualified sources capable of providing compound pharmaceuticals capable of meeting the following:

GENERAL REQUIREMENTS:

The effort required hereunder shall be performed in accordance with this Statement of Requirements and in accordance with all other terms and conditions set forth herein. The contractor shall provide all services, materials, and equipment necessary for compounding and deliveries of Inpatient Narcotic and Anesthesia Pharmaceutical items for the Main Pharmacy, Naval Medical Center San Diego, San Diego, CA.

COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS:

Pharmaceutical compounding pharmacy shall comply with all federal, state and local laws, regulations and governmental orders, including applicable State Board of Pharmacy regulations and United States Pharmacopeia (USP797) Chapter 800 and Good Compounding Practices (USP 1075), in providing items or services pursuant to this Agreement. Compounding Pharmacy shall comply with all applicable standards established by the Joint Commission. Compounding Pharmacy staff, affiliate personnel, and any others providing services shall be properly trained and credentialed and properly reviewed according to the requirements set forth by the Joint Commission.

LIABILITY:

The contractor shall not be liable for any loss, damage, or delay due to any cause beyond there reasonable control including but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or acts of God.

CONTRACTOR CHECK-IN/CHECK-OUT:

The contractor shall coordinate with the Main Pharmacy and Materiel Management to get access inside Naval Medical Center San Diego (NMCSD) Base and the Main Pharmacy.

LABOR:

All compensation for labor is included in the contract price. Parts and materials: All compensation for parts and materials is included in contract price.

PARTS/SUPPLIES QUALITY:

Contractors require and provide at least quarterly, pharmacy and compounding licenses and quality assurance data for 1-3 lots of each medication ordered. NMCSD must have option to inspect on-site annually. Basis of inspection will be the American Society of Health Systems Pharmacist’s Outsourcing Sterile Products Contractor Assessment Tool. In addition contractor must pass inspection by FDA personnel for continued services.

Parts and Supplies provided under this contract shall be guaranteed to be equal in all respects, including performance, interchangeability, and durability as in quality. Products shall meet American Society for Testing and Materials. ASTM Background Colors for User-applied Syringe Drug Labels for added safety and shall include TALL MAN lettering and expiration date. Continuity of color for all products must be Color coded specific to individual pharmaceuticals, colors may not be duplicated for any drug, and must remain constant. Example, Atropine label is Blue and must always remain blue and Rocuronium label must always be Red and must always remain red with continuity. Syringe cannot be longer than 5 ¼”, 5ml syringe to fit the ASYS drawers. Otherwise larger size products must be plungerless, shrink wrapped to prevent cap from leaking and plungers included separate. NMCSD must have consistent safe service with no open windows that would lead to possible errors and cause fatality. The color specific individual drug colors purpose is to enhance patient safety.

For all CII pharmaceuticals, appropriate paperwork will be FedEx Overnight with vendor Billable Stamp to vendor. To reduce confusion with operating room, pharmacy staff and to ensure patient care is steady and safe NMCSD must have consistent safe service with no open windows that would lead to possible errors and cause fatality.

DELIVERIES:

Compounded Pharmaceuticals and delivery services for NMCSD to be provided in compliance with United States Pharmacopeia (USP 797), Chapter 800 and Good Compounding Practices (USP 1075). Local delivery logistics will be negotiated. Compounding vendor must provide FedEx Billable Stamp for 222 to be mailed via FedEx. Once order is received at Compounding Pharmacy, NMCSD requires order to be delivered to NMCSD Pharmacy via FedEx carrier in no more than two days. Monday through Friday orders are to be delivered no later than 10:30am Pacific Time. Next day delivery no later than forty-eight hours from date and time order is placed to contractor. Friday orders require to be delivered no later than Wednesday 10:30am pacific time, and NMCSD Pharmacy will not be charged for any shipping charges on any deliveries within the requirement of this contract.

Shipping shall be FOB Destination to: Naval Medical Center San Diego (NMCSD).

Delivery Address:

NAVAL MEDICAL CENTER SAN DIEGO, PHARMACY DEPARTMENT (Building 1 Floor 1), 34800 BOB WILSON DRIVE, SAN DIEGO, CA 92134

Required Pharmaceuticals:

Drug List Phenylephrine 100mcg/ml 5ml fill syringe Ephedrine 5mg/ml 5ml fill syringe Rocuronium 10mg/ml 5ml fill syringe Glycopyrrolate 0.2mg/ml 2ml fill syringe Neostigmine 1mg/ml 5ml fill syringe Succinylcholine 20mg/10ml fill syringe Atropine 0.4mg/ml 2.5ml in 3ml syringe Fentanyl 2mcg Bupiv 0.125% 200ml bag Hydromorphone 1mg 30ml monoject barrel Morphine Sulfate 1mg 30ml monoject barrel Vancomycin 1.25 D5w 250ml bag Mag Sulfate 50gram LR 500ml bag Oxytocin 20 units NS 1000ml bag Ropivacaine 0.2% 250ml bag Soduim Phosphate 15mMol D5W 250ml bag Bupivacaine 0.125% 250ml bag

In addition to the above, the Government intends to incorporate the selected awardee’s entire catalog of available pharmaceuticals into the scope of the contract for sporadic ordering.

INSTRUCTIONS TO OFFERORS

Questions must be addressed to curtis.e.cardoza.civ@mail.mil by email only NLT 2:00pm ET, 26 July 2017. No phone calls will be accepted.

Technical Quote The technical proposal shall clearly indicate, with sufficient details, the vendor’s capability to meet ALL of the requirements of the solicitation. This may include the submission of brochures, publications, a narrative explaining how the vendor will meet the requirements, or any other means which will clearly demonstrate the ability to meet each requirement in the statement or work. Information not included in the quote will not be considered. Links to webpages will not be checked and must be printed out and included in the quote.

Past Performance The vendor may 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 three (3) data points within the last three (3) years. Past performance older than three (3) 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, Total Contract Value 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 Offerors shall use the attached “Pricing Spreadsheet” to submit their price for the required pharmaceuticals. In addition, vendors shall submit their price list for all available pharmaceuticals.

Adequate competition is anticipated for this acquisition. The government anticipates award of a Firm Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract. Offerors shall submit firm-fixed pricing for all above requirements.

Proposal Submission This section specifies the format and content that Offerors shall use in this Request for Proposal (RFP). Offerors shall submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Any proposal 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.

Proposals shall be submitted by email only as an MS Word or Adobe PDF attachment to Curtis E. Cardoza at curtis.e.cardoza.civ@mail.mil. Proposals are due by 14:00 pm local time on 12 August 2017.

Any questions must be addressed to curtis.e.cardoza.civ@mail.mil by email only no later than 11:00 am local time on 26 July 2017. No phone calls will be accepted.

All Offerors shall provide the following company details on its cover page:

Complete company name and address Company Point of Contact (POC) Email Phone Number Cage Code DUNS number Place of Manufacture

Administrative Information The point of contact for administrative concerns for this order at NMLC, 693 Neiman Street, Fort Detrick, MD 21702 is Curtis E. Cardoza, 301-619-3020, curtis.e.cardoza.civ@mail.mil.

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without the authority to do so and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

Contracting Officer’s Representative (COR): To be determined at time of award.

Designation of Ordering Activities The following requiring activity is hereby named to Place delivery orders.

NMLC

693 Neiman Street Frederick, MD 21702

Content of Delivery Orders Delivery orders shall contain the following "minimum" information:

· Date of order.

· Contract number and order number.

· Item number and description, quantity, and unit price.

· Delivery date and place of delivery.

· Accounting and appropriation data.

· Payment office address.

· Invoicing instructions.

Ordering The Contracting Officer will order services, equipment and/or supplies against the contract through issuance of Delivery Orders via a DD Form 1155 or SF 1449 signed by the Contracting Officer. Delivery Orders will be executed in writing by the Contracting Officer and transmitted either via facsimile, or electronically via e-mail.

Communications

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor's facility or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

Other Administrative Instructions

· Offerors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov; provide DUNS number; Cage Code and TIN.

· The offeror must also include your company’s completed Offer Representations and Certifications (see FAR 52.212-3).

· Offers shall include their subcontracting plan with their quote. This requirement does not apply to small businesses.

BASIS OF AWARD

This requirement will be evaluated as a Lowest Price Technically Acceptable (LPTA) requirement. The Government intends to evaluate offers and award a contract without discussions. However, the Government 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 of a contract as a result of this combined synopsis/solicitation.

Technical Factors

The government will evaluate each offer to determine the ability to meet the requirements of the solicitation as described in the statement of requirements. This will be rated as acceptable or unacceptable.

Past Performance Factor

The vendor’s past performance will be evaluated for compliance to contract requirements and timeliness. It will be rated as acceptable, unacceptable or unknown.

Price

Proposed prices will be evaluated for reasonableness and completeness.

Evaluation of completeness will include the following: a price for all required pharmaceuticals has been provided for the required four (4) year ordering period, a total price has been submitted, the required provisions, DFARS 252.209-7993 and FAR 52.212-3, ALT I have been completed. Only pricing for the pharmaceuticals listed in the table above will be used for evaluation of price. However, pricing for the entire price list shall be included with the quote. Vendors shall use the attached “Pricing Sheet” to submit their price component.

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.

CONTRACTOR MANPOWER REPORTING (NMCARS 08-14)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] 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 Government 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 October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

CONTRACTOR SUPPORT NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS:

Naval Medical Logistics Command 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 submission of a proposal in response to this solicitation, 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.

Health Insurance Portability and Accountability Act (HIPAA)

The contractor shall comply with the HIPAA Act of 1996 (Public Law 104-191) requirements, specifically the administrative simplification provision s of the law and the associated rules and regulations published by the Secretary, Health and Human Services (HHS). This includes the Standards for Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information and the Security Standards.

Business Associate Agreement

In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation” the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DODI 6025.18-R.

Individual has the same meaning as the term ``individual'' in 45 CFR 164.501 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

Protected Health Information has the same meaning as the term ``protected health information'' in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.

Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

Required by Law has the same meaning as the term ``required by law'' in 45 CFR 164.501 and 164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304.

(b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

(d) The Contractor shall use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

(e) The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract.

(f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware of.

(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor shall provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government.

(l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

(m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

(n) The Contractor shall provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the Privacy Rule, the Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions

(a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

Permissible Requests by the Government

The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

252.232-7006, WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area Workflow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self- registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice and Receiving Report COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination / Destination

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications'' field of WAWF once a document is submitted in the system.

To be announced at time of award

(Contracting Officer: Insert applicable email addresses or “Not applicable.'')

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

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)