Siemens Solicitation 102120.pdf

Release Date: October 21, 2020 Solicitation Number: IHS-21-0004 Closing Date: NLT 4 PM CST on November 13, 2020 Notice Type: Combined Synopsis/Solicitation

PART I – THE SCHEDULE

Section A-Solicitation/Contract Form

Synopsis:

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. This notice constitutes the only solicitation to be issued; proposals are hereby requested and a further solicitation will not be issued. This solicitation is issued as a Request for Proposals. Award of a Requirements type contract is contemplated.

NACIS Code: 334516, SIZE STANDARD: 500 Set-Aside: Not Applicable

Proposals for this solicitation shall be submitted via USPS, UPS, Fed Ex or other courier, or in person to:

Oklahoma City Area Office Indian Health Service

ATTN: NSSC

701 Market Drive Oklahoma City, Oklahoma 73114

Email submissions will not be accepted.

Proposals are due NLT 4PM, Central Time November 13, 2020

REQUIREMENT:

Medical laboratories managed by the Oklahoma City Area Office of the Indian Health Service have a need for a cost Per Test Agreement that includes equipment, services, and supplies required to perform, and technologically maintain a clinical chemistry analyzer program, reagents and service.

Offeror shall provide the following information on page 2.

Questions regarding this solicitation must be submitted via email to Noleen.powell@ihs.gov and Edward.yellowfish@ihs.gov NLT 4PM, Central Time, October 30, 2020. Questions will not be accepted after this date/time.

mailto:Noleen.powell@ihs.gov mailto:Edward.yellowfish@ihs.gov

Offeror shall provide the following:

1. If the proposed items/services are on your GSA/FSS contract, please provide the following information and a copy of the contract.

GSA Contract Number______________________________________________________

FSS/Class/Part: ___________________________________________________________

FSS SIN__________________________________________________________________

Single or Multiple Award Contract? ___________________________________________

Contract Expiration Date ___________________________________________________

Contract Order Minimum Dollar Value ________________________________________

Contract Order Maximum Dollar Value ________________________________________

Proposal includes open market items or services: YES_____________NO_____________

If yes, identify open market items or services in your proposal.

2. Offeror identification and point of contact information:

DUNS Number____________________________________________________________

CAGE Code: ________________________TIN___________________________________

Offeror Point of Contact____________________________________________________ (Name and Title)

Point of Contact Telephone Number/email/fax: ________________________________

Section B-Price Schedule-Chemistry Testing:

Year One (Base) See attached spreadsheet.

Facility Unit Quantity Unit Price Total

1. Anadarko Health Center Month 12

2. Claremore Indian Hospital Month 12

3. Clinton Indian Hospital Month 12

4. Haskell Indian Hospital Month 12

5. Lawton Indian Hospital Month 12

6. Wewoka Health Center Month 12

Grand Total

Year Two (Option One) See attached spreadsheet.

Year Three (Option 2) See attached spreadsheet.

Year Four (Option 3) See attached spreadsheet.

Year Five (Option 4) See attached spreadsheet.

RECAP:

BASE YEAR $_____________

OPTION 1 $_____________

OPTION 2 $_____________

OPTION 3 $_____________

OPTION 4 $_____________

GRAND TOTAL $_____________

Section C-Description/Specifications/Work Statement

1. Introduction:

The Oklahoma City Area (OCA) Indian Health Service (IHS) laboratories have a requirement for equipment, services, preventive maintenance and supplies required to perform and technologically standardize clinical chemistry analyzer testing across OCA laboratories while ensuring the highest level of patient care.

2. Salient Characteristics-Equipment, Services, Supplies

A. Equipment: Contractor shall provide clinical chemistry analyzers which incorporate the following salient characteristics:

I. Assay availability must include at minimum General Chemistry Assays, Drugs of Abuse, Therapeutic Drug Monitoring, Cardiac Assays, Diabetic Assays and Communicable Disease and the ability to test Indirect ISE.

II. Analyzer must have ability to designate workflow priority (Routine, STAT, ASAP).

III. Analyzer must have minimal reagent preparation or pretreatment. With minimum of 3 point calibrations for majority of analyses.

IV. Capability of in-line plumbing to a water suitable for analyzer with production capability of 4-5 liters per; low water usage and/or dry systems or equal.

V. Space availability for analyzer (LxDxH);

1. Anadarko - 66 x 42 x 54

2. Claremore -108 x 60 x 84

3. Clinton – 72 x 48 x 60

4. Haskell – 80 x 36 x 36

5. Lawton – 108 x 96 x 84

6. Wewoka – 72 x 48 x 60

VI. Hardware (Analyzer) or Software can support all sites with capability of expanding support with increase of workloads. Current throughput requirement for these sites is greater than 350 tests per hour.

VII. Hardware: Single platform/analyzer that support the testing volume capabilities for each site. <100,000 test/year sites require a smaller footprint analyzer with full capabilities. > 100,000 test/year sites need redundant systems that fit testing volume and size/space requirements.

VIII. Software: Scalable with increased workload or testing.

IX. Installation of Analyzers that are compatible to site size requirements (dimensions provided at the time of instrument request) and testing capabilities to sites, which expand services, or new testing sites with modification of original award.

X. Include all equipment needed for operation of analyzer, i.e. Computer, Printer, UPS Power supply, water system and any other necessary accessory items.

XI. All items needed to interface properly with the RPMS system and bidirectional connection.

XII. Up to date technology for reducing exposure to potentially communicable blood-borne pathogens.

XIII. Vendor will supply most advantageous model available for all sites; taking into consideration size, space, and software.

B. Services: Contractor shall provide the following services:

I. Install and setup included with Cost per Test. On site correlations, calibrations, set-up, precision studies, linearity studies and AMR studies included with install.

II. Onsite Preventive Maintenance performed according to Manufacturer guidelines.

III. 24/7 Technical Assistance for all trouble shooting support for analyzer and Additional

Onsite support availability within 24 hours when troubleshooting and problem resolution is not possible with phone support.

IV. Onsite training for all operators during installation with further opportunity for offsite technical training at alternate date for new users. (Any offsite training will be at the expense of the government, such off-site contractor sponsored training, if any, identified as a credit in the RFQ response.

C. Supplies: Contractor shall provide the following supplies:

I. All reagents and consumables for equipment installed at each location. Supplies will include but is not limited to:

a. All calibration material necessary for instrument/reagent operation.

b. All consumable or periodic parts for instruments.

c. Additional supplies and equipment deemed necessary by the Contracting Officer

Representative.

II. All supplies must comply with the College of American Pathologist and Joint

Commission Accreditation standards.

III. Quantities for each location shall be based on estimated quantities plus a 10% overage to ensure patient care is not compromised. Please see attached spreadsheet.

IV. Vendor will show the cost per test listed.

Section D-Packing and Marking

1. Equipment to be delivered to each facility when installation date has been determined by the Contracting Officer’s Representative. Supplies shall be delivered to each facility as ordered and indicate “Attn: Laboratory”. Damaged equipment, products and supplies shall not be accepted.

2. The contractor shall cite the contract number on all written correspondence and invoices.

Section E-Inspection and Acceptance

1. Reference FAR 52.212-4, Contract Terms and Conditions-Commercial Items.

2. The contracting officer and/or his/her authorized representative shall review and approve/disapprove all equipment, installation and services provided under this contract.

Section F-Deliveries and Performance

1. Contractor shall provide on-site delivery and installation of equipment to participating OCA laboratories in coordination with the contracting officer and/or his/her representative.

2. Delivery schedule as follows: Not all facilities will start on 10/1/20. The contracting officer reserves the right to add facilities at a later date.

The following federal facilities will be participating:

Anadarko Health Center - start date 10/1/20 Claremore Indian Hospital - start date 10/1/20 Clinton Health Center - start date 10/1/20 El Reno Health Center – estimated start date October 2021 Haskell Health Center – estimated start date March 2021 Lawton Indian Hospital – estimated start date December 2020 Wewoka Health Center - start date 10/1/20

3. Performance is in accordance with this Statement of Work during the period of performance.

4. The anticipated date of award is December 9, 2020, with performance to start on January 1, 2021.

Section G-Contract Administration Data

1. Order Minimums and Maximums

Minimum Order: $0.00 Maximum Order: $500,000.00

2. Delivery Order Procedures A. Delivery Orders will be issued for the OCA laboratories participating in this contract quarterly or semi-annually.

B. Unit prices in this contract shall be applicable to all delivery orders placed pursuant to this contract. The government will pay only for actual quantities ordered and accepted without regard to quantities stated in any delivery order.

C. Performance under delivery orders shall commence only upon receipt of a fully executed delivery order issued by the contracting officer.

3. Contracting Officer Responsibility: The authority to negotiate changes in contract terms and conditions, quantities and prices, and delivery rest solely with the contracting officer.

4. Contracting Officer’s Representative (COR) Delegation/Responsibility:

I. A COR will be delegated by the contracting Officer.

II. The COR is responsible for:

• Invoice review, approval and timely invoice payment.

• Ensuring equipment, services and supplies are in accordance with contract requirements.

• Monitoring contractor performance and assisting the contractor in the resolution of contract problems.

• Perform inspection and acceptance as required.

Section H-Contract Requirements

1. Contractor is responsible for professional staffing, equipment, services, supplies, and reagents necessary for successful contract performance.

PART II – Contract Clauses

Section I-Contract Clauses and Provisions

The following contract clauses and provisions are incorporated by reference:

FAR 52.204-4, Printed or Copied Double – Sided on Post Consumer Fiber Content Paper (May 2011) FAR 52.204-7, System for Award Management (OCT 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19, Incorporated by Reference of Representations and Certificates (Dec 2014) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018) FAR 52.212-1, Instructions to Offerors—Commercial Items (Jun 2020) FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (Oct 2020): 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alt I (Oct 1995); 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020);

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020); 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018); 52.219-28 Post Award Small Business Program Representation (May 2020);

52.222-3, Convict Labor (Jun 2003); 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Jan 2020); 52.222-21, Prohibition of Segregated Facilities (Apr 2015); 52.222-26, Equal Opportunity (Sep 2016);

52.222-35, Equal Opportunity for Veterans (Jun 2020); 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020); 52.222-37, Employment Reports on Veterans (Jun 2020); 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010); 52.222-50, Combating Trafficking in Persons (Jan 2019); 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020); 52.225-1 Buy American – Supplies (May 2014); 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008); 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Oct 2018);

FAR 52.217-5, Evaluation of Options (Jul 1990) FAR 52.232-39, Unenforceability of Unauthorized Obligations. (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-2 Service of Protest (Sept 2006) FAR 52.233-4, Applicable Law of Breach of Contract Claim (Oct 2004) https://www.acquisition.gov/far/52.204-4 https://www.acquisition.gov/far/52.204-7 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152012 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152565 https://www.acquisition.gov/far/52.204-19 https://www.acquisition.gov/far/52.209-2 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144964 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/far/part-52#FAR_52_204_10 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057184 mailto:https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses%23i1050853 mailto:https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses%23i1050853 mailto:https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses%23i1050853 mailto:https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses%23i1050853

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation-Commercial Items (Oct 2014)

(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

________________________________________________[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Items (Aug 2020)

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 (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.acquisition.gov/content/part-15-contracting-negotiation#i1108563 https://www.acquisition.gov/content/part-15-contracting-negotiation#i1108563 https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1390665200

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.

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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”—

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.

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Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 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.

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 least51 percent of the stock of which is owned by one or more women; and

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

(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 http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

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(s) applicable to the NAICS code(s) 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 (v) 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 CFR124.1002.

(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.

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

(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) Representations required to implement provisions of Executive Order11246-

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

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

(ii) It □ has, □ has not filed all required compliance reports.

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

(i) It □ has developed and has on 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 parts 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 http://uscode.house.gov/ 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:

Line Item No. Country of Origin

[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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 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:

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed.

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

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

(ii) Examples.

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

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

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

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

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

(1) Listed end products.

Listed End Product Listed Countries of Origin

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

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

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

https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095815

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

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that-

(i) The services under the contract are…