Combined Solicitation - N62645-20-Q-BREADER Amendment 0001.DOCX

RFQ No: N6264520QB-READER

AMENDMENT 0001

The purpose of this amendment is to answer questions received from offerors about this solicitation. Questions and Answers are provided at the beginning of the synopsis/solicitation. All other solicitation terms and conditions remain unchanged.

The closing date and time of the solicitation remain unchanged.

COMBINED SYNOPSIS SOLICITATION

This is a requirement for commercial items and the solicitation/synopsis will be prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. 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 http://farsite.hill.af.mil/

The NAICS code is 621512, with a business size standard of $16.5 million.

This Request for Quote (RFQ) is on behalf of the Naval Medical Logistics Command (NMLC). This requirement is for roentgenographic interpretation services within the contiguous United States (CONUS) in support of the Navy and Marine Corps Public Health Center (NMCPHC).

The solicitation number is N62645-20-Q-BREADER.

The solicitation will result in one firm fixed price contract. This requirement will be solicited as a 100% small business set-aside.

The scope of the requirement is listed in the Performance Work Statement.

The closing date of the solicitation can be found in ADDEDNUM to 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS.

QUESTIONS AND ANSWERS

1. Will we need to connect to each location that the images are being sent from, and each PACS system? Or is there a central server that we would be connecting to with a HL7/VPN?

RESPONSE: No, the contractor will not have to connect to each location. The contractor will receive a URL, after going to that URL the contractor will enter a user name and password that has been provided. The contractor will have access to the required images for a specific amount of time or a specific number of times you may access those images. The contractor will not be able to download said images. The contractor will primarily communicate with the COR through this transaction.

2. If each location, how many HL7/VPN connections will need to be made in total?

RESPONSE: Zero connections will be made.

3. Are some of those locations International? If so, do we have technical resource on the other side?

RESPONSE: No connections will be required in an international location.

4. Can you provide a direct definition of a cloud based system?

RESPONSE: This solicitation does not mention "cloud based system" and therefore, will not be directly defined.

5. Must we have all Connectivity, Infrastructure, Certifications, Building Permits in place prior to the submission of our proposal? Can we build out the infrastructure contingent on contract bring awarded?

RESPONSE: The government cannot provide guidance on a contractor’s business operation. The resultant contract shall require the contractor to have internet access and hardware to sufficiently meet the requirements outlined in the PWS.

6). Can the system be monitored remotely?

RESPONSE: The DoD monitors all network traffic.

B Reads

FFP

ADDITIONAL MARKINGS: SRRB UID Number: 68546173636

ESTIMATED

NET AMT

0001AA

B Reads

FFP

Roentgengraphic interpreting services to interpret/report chest radiographs (B Reads) in accordance with the performance work statement (PWS). Year 1 Period of Performance 01 October 2020 to 30 September 2021.

FOB: Destination

PSC CD: Q522

ESTIMATED

0001AB

FFP

Roentgengraphic interpreting services to interpret/report chest radiographs (B Reads) in accordance with the PWS. Year 2 Period of Performance 01 October 2021 to 30 September 2022.

ESTIMATED

0001AC

FFP

Roentgengraphic interpreting services to interpret/report chest radiographs (B Reads) in accordance with the PWS. Year 3 Period of Performance 01 October 2022 to 30 September 2023.

ESTIMATED

0001AD

FFP

Roentgengraphic interpreting services to interpret/report chest radiographs (B Reads) in accordance with the PWS. Year 4 Period of Performance 01 October 2023 to 30 September 2024.

ESTIMATED

0001AE

FFP

Roentgengraphic interpreting services to interpret/report chest radiographs (B Reads) in accordance with the PWS. Year 5 Period of Performance 01 October 2024 to 30 September 2025.

ESTIMATED

0001AF

FFP

Roentgengraphic interpreting services to interpret/report chest radiographs (B Reads) in accordance with the PWS. FAR 52.217-8, Year 5 Period of Performance 01 October 2025 to 30 March 2025.

ESTIMATED

PERFORMANCE WORK STATEMENT

SRRB UID Number: 68546173636

Navy Asbestos Medical Surveillance Program Roentgenographic Interpretation for Pneumoconiosis (NAMSRI)

SECTION 1 – GENERAL

1.1 General: This is a non-personal services contract to provide roentgenographic interpretation services. The roentgenographic interpretation services (also referred to as B Reading services) are performed by a physician which is also known as a B Reader. The Government will not exercise any supervision or control over the contract service provider’s performance of the services herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Description of Services: Navy and Marine Corps Public Health Center (NMCPHC), Portsmouth, VA requires interpretation and reports on chest radiographs in accordance with current International Labour Organizations (ILO) Classification of Pneumoconiosis Radiograph System Standards. ILO is a system of classifying radiographs (chest X-rays) for persons with pneumoconiosis. This system gives the contractor the means for describing and recording systematically the radiographic abnormalities in the chest provoked by the inhalation of dust. A B Reader is a physician certified by the National Institute for Occupational Safety and Health (NIOSH) as demonstrating proficiency in classifying radiographs of the pneumoconiosis. B Readers participate in medical surveillance programs that utilize chest radiographs for the early detection of pneumoconiosis in dust exposed workers. For further information regarding the NIOSH Approved B Reader Program please go to the following web link: (http://www.cdc.gov/niosh/topics/chestradiography/breader.html). The Asbestos Medical Surveillance Program (AMSP) maintains a record of service members and civilian employees with a history of occupational exposure to asbestos.

1.3 Scope: This contract requires B Reading services in support of the NAMSRI and AMSP programs in coordination with NMCPHC. NMCPHC supports the AMSP across an enterprise-wide medical community to include medical facilities in the Defense Health Agency (DHA) and United States Navy, Army, and Air Force. Medical facilities within this enterprise-wide community fall within the scope of this contract. Quantities provided under this contract are based on historical data and includes a margin for growth. However, NMLC reserves the right to increase the quantity up to 25% if necessary to account for any unforeseen spikes in growth due to the unknown growth potential through the upcoming DHA transition. It is expected that a yearly average of 8,500 radiographs will require B Reading, but no minimum quantity is guaranteed.

1.4 Place of Performance: The contractor shall provide off-site roentgenographic interpretations of chest X-Rays and report results remotely in support of the Medical Treatment Facility performing the X-ray and of NMCPHC, Portsmouth, VA. The location of the Contractor’s facility shall be within the Continental United States (CONUS).

SECTION 2 - DUTIES

2.1 Contractor shall provide interpretation and a complete report on Digital Chest Radiographs received electronically accordance with the current International Labour Organization (ILO) Classification of Pneumoconiosis Radiographs System Standard and 29 Code of Federal Regulation (C.F.R.) 1926.1101 - Asbestos and 29 C.F.R. 1910.1001 – Asbestos which governs and regulates the exposure to asbestos in work environments.

2.2 Contractor shall utilize reference images for the ILO Standard Digital Images (ILO 2011-D) in Digital Imaging and Communications in Medicine (DICOM) format. These images are the digitized versions of the 2000 ILO standard radiographs that were adapted to allow pneumoconiosis classification of digital (digitally acquired) radiographs using diagnostic monitors. The reference images will be provided by the Government via a URL link with view only capability in which the contractor is responsible for accessing to view.

2.3 Contractor shall have access to a computer and computer monitor meeting current American College of Radiology and NIOSH specifications for displaying digital radiograph images that will allow the B Reader to read digital x-rays. As stated in the NIOSH Guideline: Application of Digital Radiography for the Detection and Classification of Pneumoconiosis. Found at: cdc.gov/niosh/docs/2011-198/pdfs/2011-198?id=10.26616/NIOSHPUB2011198 on page 7 or a version that replaces this Guide.

2.4 Contractor shall have access to the Internet for transmission of communications. The Contractor must have the capability to incorporate changes that may be made by NMCPHC and NIOSH. This includes the ability to access and process online NAVMED 6260/7 forms (See Attachment 1). NAVMED 6260/7 form will be transmitted electronically only. No paper transmissions will be exchanged. The offeror shall have the capability to securely view digital radiographs over the internet.

2.5 The B Read process will be initiated electronically by the medical treatment facility (MTF) by notifying NMCPHC for the need of B Read services. NMCPHC will then select images for transfer to a demilitarized zone (DMZ) of the Enterprise Clinical Imaging Archive (ECIA) database, which will generate a unique Uniform Resource Locator (URL). A partially completed NAVMED 6260/7 form and an URL will be sent to the contractor from NMCPHC via electronic mail (e-mail). The contractor will use the URL to access the digital radiographs on a “view only” basis for a limited time by launching Nil Viewer from the DMZ side of the ECIA. Nil Viewer is a certified viewer that allows radiologists the ability to review diagnostic quality images.

2.6 The NAVMED 6260/7 form shall be completed and returned electronically by the contractor to NMCPHC, no later than 10 business days after received. Returns shall be completed virtually in a manner that ensures the protection of personal health and privacy data as described in the Health Insurance Portability and Accountability Act (HIPAA) and allows for traceable means that shows the date delivered and the email address delivered to. The contractor shall submit the completed NAVMED 6260/7 form to NMCPHC via encrypted transmission through the Department of Defense (DoD) SAFE (Secure Access File Exchange) at https://safe.apps.mil/.

2.7 The contractor shall notify NMCPHC immediately upon recognition that technical difficulties prevent the contractor from receiving or reading digital radiograph images.

2.8 The contractor shall submit a monthly invoice, accompanied by a detailed listing of radiographs evaluated provided to NMCPHC specified in each task order. The invoice should include the Clinic name and number of B-reads completed. (i.e. Pearl Harbor Clinic - Quantity 100)

SECTION 3 - QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) MATRIX

3.1 The Quality Assurance Surveillance Plan (QASP) is the document that will be used to assess the contractor’s performance. Refer to Attachment 2.

SECTION 4 - PERSONNEL QUALIFICATIONS

4.1 Be a U.S. Citizen per Attachment 3.

4.2 The contractor shall provide personnel who hold a NIOSH B Reader Certification throughout the life of this contract according to http://www.cdc.gov/niosh/topics/chestradiography/breader.html . B Reader approval is granted to physicians with a valid U.S. state medical license who demonstrate proficiency in the classification of chest radiographs for pneumoconioses using the ILO Classification System. A copy of the NIOSH certification letter is required for determination of contractor acceptability/qualification.

4.3 The certification(s)/ re-certification(s) must be maintained to participate under this contract. Once NIOSH certified, a B Reader is not eligible for re-certification until they have been certified for four years. If any B Reader is removed from the current NIOSH certification list, participation under this contract shall not be permitted. B Readers who are re-certified during the term of this agreement must provide a copy of the NIOSH re-certification letter to the COR.

SECTION 5 - AUTOMATED INFORMATION SYSTEMS

5.1 Unless otherwise specified in the requirements statement of the specific MTF locations, the Government will facilitate access to the electronic information required for the performance of services and ensure DoD Information System (IS) and source data availability on support of connectivity requirements.

5.2 The Government will provide all the technical information necessary for the contractor’s successful reception of radiographic imaging studies subject to interpretation. If the Government is unable to provide digital radiographic images for an extended period of time then the images will be sent via U.S. mail on a Compact Disk (CD) until electronic methods can be restored. The government will pay to mail the CDs and provide an envelope with return postage to the contractor.

5.3 Contractor personnel shall comply with DoD, Department of the Navy (DON), and Navy Medicine (NAVMED) directed security requirements to include Computer Task Orders (CTO’s), Information Operations Condition (INFOCON) changes, Information Assurance Vulnerability Management (IAVM) directives, and other Cybersecurity related requirements.

SECTION 6 - CONTRACTOR FURNISHED ITEMS

6.1 The contractor’s facility where the work is performed shall be located within the continental United States (CONUS).

6.2 The contractor shall provide a static destination TCP/IP address for a server where image studies shall be sent. The contractor shall ensure that all required HIPAA guidelines are followed in accordance with the sending facilities request. The contractor shall provide a Secure Shell (SSH) session to their server for image receiving. All images are to be read on monitors that meet the requirements set forth in the American College of Radiology (ACR) STANDARD FOR DIGITAL IMAGE DATA MANAGEMENT. The contractor’s information system shall be in compliance with DoDI 8582.01 Security of Unclassifed DoD Information on Non-DoD Information Systems (See Attachment 4).

6.3 The contractor shall furnish all supplies, equipment, and personnel necessary to perform the services described in this contract.

6.4 Contractor personnel shall ensure all computers have the latest Operating System (OS) updates, anti-virus signatures and other software vendor security updates (examples include Adobe Acrobat (Reader or Professional), etc.). Non-compliance with the latest security patches/signatures will result in denied access to the network.

SECTION 7 – QUALITY CONTROL

7.1 A designated official from the contractor shall be responsible for providing assistance to the contract employees performing radiological imaging interpretations and ensure services are performed in accordance with the Quality Control Plan.

7.2 This is a non-personal services contract that supports the Navy Medicine mission to oversee and coordinate the delivery of economical and effective health care services. The B Reading services required by the contract supports the provision of patient care and ensures proper services are available to beneficiaries.

7.3 The contractor shall comply with applicable provisions of the law, rules, and regulations of all Governmental authorities, including the regulations and standards of the MTF. The contractor shall adhere to and comply with all DON, Bureau of Medicine and Surgery (BUMED) and MTF Instructions and notices which may be in effect during the term of the contract. The contractor shall adhere to and comply with Government chain of command hierarchy of authority for all communication.

7.4 To achieve the Navy Medicine mission, the contractor shall establish, submit for Government approval immediately after contract award, and implement a Quality Control (QC) Plan. Contract employees shall read, be familiar with, and implement the Performance Work Statement and the contractor’s QC Plan to include any revisions.

SECTION 8 - STANDARDS

8.1 All financial, statistical, personnel, and technical data which are furnished, produced, or otherwise available to the contractor during the performance of this contract are considered For Official Use Only (FOUO) business information and shall not be used for purposes other than performance of work under this contract. Such data shall not be released by the contractor without prior written consent of the COR. Any presentation of any statistical or analytical materials, or any reports based on information obtained from studies covered by this contract, will be subject to review and approval by the COR before publication or dissemination. All inquiries from the media shall be forwarded to the Command Public Affairs Officer via the COR.

8.2 All records produced in the performance of this contract and all evaluations of patients are the property of, and subject to the exclusive control of, the Government. The contractor may retain a copy of all such records or evaluations, but may not provide further copies or disclose the information from such records or evaluations to third parties. All requests from other treatment facilities or other individuals for patient records shall be handled in accordance with procedures specified by applicable MTF instructions.

8.3 The contractor and all contract employees shall comply with the government checkout processes at the facility that issued an identification badge.

SECTION 9 - CONFLICT OF INTEREST

9.1 The contractor shall not, while performing services under this contract, advise, recommend, or suggest to persons eligible to receive medical care at the Government’s expense that such persons should receive care from the contractor at any place other than a Government facility.

SECTION 10 - INDEPENDENT CONTRACTOR

10.1 The services provided by the contractor are provided in the capacity of an independent contractor. The Government will evaluate the quality of services for purposes of contract inspection and acceptance. The contractor shall be solely responsible for any and all liability caused by the acts or omissions of its agents or employees. The contractor shall not in any manner represent or infer that it is an instrumentality or agent of the US Government. The contractor shall recognize that the Commanding Officer maintains administrative and operational responsibility for all activities within the Command and may take such actions as necessary to preserve and maintain the integrity of the Command, subject to the limitations prescribed by law and U.S. Navy Regulations.

SECTION 11 – MODIFICATIONS

11.1 The Contracting Officer will designate and authorize an individual to act as the COR. Any such representative appointed will be specifically designated by letter from the Contracting Officer. The COR exclusively represents the Contracting Officer in all technical phases of the work, but is not authorized to issue Change Orders, Supplemental Agreements, or direct any contract performance requiring contractual modification or adjustment. Changes in the scope of work can only be made by modification properly executed by the Contracting Officer. All observations made by persons other than the Contracting Officer or the COR are strictly advisory and shall not influence the contractor's operations except for administrative requirements and responsibilities specified herein.

(End)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEPT-2021

ETHEL BISHOP

620 JOHN PAUL JONES CIRCLE

STE 1100

PORTSMOUTH VA 23708-2103

757-953-0779

N68546

30- SEPT -2022

N68546

31- SEPT -2023

N68546

31- SEPT -2024

N68546

31- SEPT -2025

N68546

30-MAR-2025

N68546

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(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, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

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

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

"Women-owned 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 in SAM.

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

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract 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.

(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.

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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