Conformed_Copy_Solicitation_W81K00-18-T-0026.pdf

SEE ADDENDUM

(No Collect Calls)

W81K00-18-T-0026 18-Dec-2017

b. TELEPHONE NUMBER

254-285-6747

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 25 Jan 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W81K009. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TIMOTHY T. HOERZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011103646

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M USA HLTH CONTRACTING ACT

SOUTHERN REG CONTR OFC

3551 ROGER BROOK DR BLDG 3600

FORT SAM HOUSTON TX 78234-6200

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W55XTW 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339113

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF65

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W81K00-18-T-0026

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year

FFP

Base Year. The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment

(analyzer), Instruments, Disposables, Parts, Accessories, and Supplies (auxiliary reagents, assays) to perform Molecular Respiratory and Gastrointestinal Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS. Brand name or equal to “BioFire Film Array Torch plus 4 Module System” fully integrated platform.

IAW FAR Provision 52.211-6 “BRAND NAME OR EQUAL”. Includes setup and assisting with validation. See FAR 52.212-2 for salient characteristics additionally see PWS.

Period of Performance: 1 February 2018 to 30 September 2018. Location Irwin

Army Community Hospital (IACH) Fort Riley, Kansas.

Subject To Availability of FY18 Funds.

FOB: Destination

NET AMT

0001AA 1 Each Analyzer

FFP

The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies (auxiliary reagents, assays), necessary to perform Molecular Respiratory and Gastrointestinal Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS. Brand name or platform. Array Torch plus 4 Module System” fully integrated platform.

assist with validation. See FAR 52.212-2 for salient characteristics additionally see

PWS.

0001AB 95 Each Respiratory Panel (RP) Kits

FFP

Vendor to Provide Respiratory Panel (RP) Kits. 30 Pouches Per Kit. Kits Will Be

Ordered As Needed By Approved Government Ordering Officer.

PURCHASE REQUEST NUMBER: 0011103646

0001AC 10 Each Gastrointestinal (GI) Kits

FFP

Vendor to Provide Gastrointestinal (GI) Panel, IVD 30 tests Per Kit. Kits Will Be

Ordered As Needed By Approved Government Ordering Officer.

0001AD 1 Each Verification Package-FA2.0 Instr GI

FFP

Verification Package-FA 2.0 Instrument, GI Product Code FLM1-ASY-0130 1x purchase.

FOR ANNUAL VERIFICATION.

0001AE 1 Each Verification Package-FA2.0 Instr RP

FFP

Verification Package-FA 2.0 Instrument, RP Product Code FLM1-ASY-0122 1x

0001AF Each Reserved

FFP

0002 1 Each Contract Manpower Reporting

Contract Manpower Reporting (CMR) IAW Performance Work Statement (PWS).

Due NLT 31 October of each Fiscal Year.

OPTION 1st Option

FFP

1st Option Year. The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies

(auxiliary reagents, assays) to perform Molecular Respiratory and Gastrointestinal

Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS.

Brand name or equal to “BioFire Film Array Torch plus 4 Module System” fully integrated platform.

Period of Performance: 1 October 2018 to 30 September 2019. Location Irwin

1001AA 1 Each OPTION Analyzer

FFP

The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies (auxiliary reagents, assays), necessary to perform Molecular Respiratory and Gastrointestinal Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS. Brand name or

1001AB 95 Each OPTION Respiratory Panel (RP) Kits

FFP

Vendor to Provide Respiratory Panel (RP) Kits. 30 Pouches Per Kit. Kits Will Be

Ordered As Needed By Approved Government Ordering Officer.

1001AC 10 Each OPTION Gastrointestinal (GI) Kits

FFP

Vendor to Provide Gastrointestinal (GI) Panel, IVD 30 tests Per Kit. Kits Will Be

1001AD 1 Each OPTION Verification Package-FA2.0 Instr GI

FFP

1001AE 1 Each OPTION Verification Package-FA2.0 Instr RP

FFP

1002 1 Each Contract Manpower Reporting

OPTION 2nd Option

FFP

2nd Option Year. The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies

(auxiliary reagents, assays) to perform Molecular Respiratory and Gastrointestinal

Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS.

Period of Performance: 1 October 2019 to 30 September 2020. Location Irwin

2001AA 1 Each OPTION Analyzer

FFP

The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies (auxiliary reagents, assays), necessary to perform Molecular Respiratory and Gastrointestinal Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS. Brand name or

2001AB 95 Each OPTION Respiratory Panel (RP) Kits

FFP

Vendor to Provide Respiratory Panel (RP) Kits. 30 Pouches Per Kit. Kits Will Be

2001AC 10 Each OPTION Gastrointestinal (GI) Kits

FFP

Vendor to Provide Gastrointestinal (GI) Panel, IVD 30 tests Per Kit. Kits Will Be

2001AD 1 Each OPTION Verification Package-FA2.0 Instr GI

FFP

2001AE 1 Each OPTION Verification Package-FA2.0 Instr RP

FFP

2002 1 Each OPTION Contract Manpower Reporting

OPTION 3rd Option

FFP

3rd Option Year. The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies

(auxiliary reagents, assays) to perform Molecular Respiratory and Gastrointestinal

Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS.

Period of Performance: 1 October 2020 to 30 September 2021. Location Irwin

3001AA 1 Each OPTION Analyzer

FFP

The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies (auxiliary reagents, assays), necessary to perform Molecular Respiratory and Gastrointestinal Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS. Brand name or

3001AB 95 Each OPTION Respiratory Panel (RP) Kits

FFP

Vendor to Provide Respiratory Panel (RP) Kits. 30 Pouches Per Kit. Kits Will Be

3001AC 10 Each OPTION Gastrointestinal (GI) Kits

FFP

Vendor to Provide Gastrointestinal (GI) Panel, IVD 30 tests Per Kit. Kits Will Be

3001AD 1 Each OPTION Verification Package-FA2.0 Instr GI

FFP

3001AE 1 Each OPTION Verification Package-FA2.0 Instr RP

FFP

3002 1 Each OPTION Contract Manpower Reporting

OPTION 4th Option

FFP

4th Option Year. The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies

(auxiliary reagents, assays) to perform Molecular Respiratory and Gastrointestinal

Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS.

Period of Performance: 1 October 2021 to 30 September 2022. Location Irwin

4001AA 1 Each OPTION Analyzer

FFP

The Contractor shall provide a lease/rental basis for analyzers, fully integrated platform and associated qualified materials (accessories), Equipment (analyzer), Instruments, Disposables, Parts, Accessories, and Supplies (auxiliary reagents, assays), necessary to perform Molecular Respiratory and Gastrointestinal Pathogen testing at Irwin Army Community Hospital (IACH) Fort Riley, KS. Brand name or

4001AB 95 Each OPTION Respiratory Panel (RP) Kits

FFP

Vendor to Provide Respiratory Panel (RP) Kits. 30 Pouches Per Kit. Kits Will Be

4001AC 10 Each OPTION Gastrointestinal (GI) Kits

FFP

Vendor to Provide Gastrointestinal (GI) Panel, IVD 30 tests Per Kit. Kits Will Be

4001AD 1 Each OPTION Verification Package-FA2.0 Instr GI

FFP

4001AE 1 Each OPTION Verification Package-FA2.0 Instr RP

FFP

4002 1 Each OPTION Contract Manpower Reporting

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0001AC Destination Government Destination Government

0001AD Destination Government Destination Government

0001AE Destination Government Destination Government

0001AF Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

1001AA Destination Government Destination Government

1001AB Destination Government Destination Government

1001AC Destination Government Destination Government

1001AD Destination Government Destination Government

1001AE Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2001AA Destination Government Destination Government

2001AB Destination Government Destination Government

2001AC Destination Government Destination Government

2001AD Destination Government Destination Government

2001AE Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

3001AA Destination Government Destination Government

3001AB Destination Government Destination Government

3001AC Destination Government Destination Government

3001AD Destination Government Destination Government

3001AE Destination Government Destination Government

3002 Destination Government Destination Government

4001 Destination Government Destination Government

4001AA Destination Government Destination Government

4001AB Destination Government Destination Government

4001AC Destination Government Destination Government

4001AD Destination Government Destination Government

4001AE Destination Government Destination Government

4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0001AA POP 01-FEB-2018 TO

30-SEP-2018

N/A IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

W55XTW

0001AB POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF N/A N/A N/A N/A

0002 31-OCT-2018 1 IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

1001 N/A N/A N/A N/A

1001AA POP 01-OCT-2018 TO

30-SEP-2019

N/A IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

1001AB POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AD POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AE POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-OCT-2019 TO

30-SEP-2020

N/A IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

2001AB POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AD POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AE POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2002 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 01-OCT-2020 TO

30-SEP-2021

N/A IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

3001AB POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AD POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AE POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3002 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

4001 N/A N/A N/A N/A

4001AA POP 01-OCT-2021 TO

30-SEP-2022

N/A IACH

IRWIN ARMY COMMUNITY HOSPTIAL

650 HUEBNER RD

FORT RILEY, KS KS 66442

4001AB POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AC POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AD POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AE POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4002 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

ADDENDUM TO FAR 52.212-4

(v) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.219-8 Utilization of Small Business Concerns NOV 2016

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

ADDENDUM TO 52.212-1

Offeror shall submit signed and dated quotes to Regional Health Contracting Office - Central office (RHCO-C) no later than the date and time specified in Block 8, of the Standard Form 1449, Solicitation/Contract/Order for

Commercial Items. The quote shall have a title page identifying the offeror, the full address, phone and facsimile numbers, points of contact (POCs) of the offeror, the solicitation number and its contents.

Note: Facsimile offer and electronic (e-mail) offer is also acceptable, provided they meet the requirements listed above. E-mail is the preferred method.

Offer shall clearly identify each part of their quote, as described below.

Administrative:

a. Request for Quotes. The offeror shall include a copy of the completed SF 1449, with the signature and include the name of the offeror, address, phone and fax numbers in Block 17a.

b. The offeror shall submit a completed copy of FAR 52.212-3, Representations and Certifications –

Commercial Items. If the offeror has completed the Online Representations and Certifications Application

(ORCA) at https://www.uscontractorregistration.com/ the offeror shall indicate such on the FAR clause.

DFARS 252.212-7000, Offeror Representations and Certifications – Commercial Items. All offerors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make an offer ineligible for award

Pricing:

a. Pricing for Requirements. The offeror shall submit quote pricing for all subContract Line Item Numbers

(subCLINs) identified in the Request for Proposal, unless otherwise noted. Include the unit price and the total extended price for each subCLIN.

b. Reserved.

Technical:

a. The technical quote shall be addressed in sufficient written detail for the Government to determine if the offeror’s product(s) adequately perform the specific requirements as stated in 52.212-2.

b. Offeror must meet the salient physical, functional, or performance characteristic specified in this solicitation and clearly describes any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification

Special Delivery Mail.

a. Offeror is cautioned that the United States Postal Service (USPS) does not deliver directly to the Regional

Health Contracting Office - Central, CRDAMC Cell. All USPS mail is delivered to a central location at

Carl R. Darnall Army Medical Center. Offer should be sent in sufficient time to ensure arrival at the contracting office by the specified date and time. Offeror should consider the additional time needed for mail distribution when preparing their offers.

b. Offeror may drop-off their proposal at the Regional Health Contracting Office - Central, CRDAMC Cell prior to the specified due date and time. For directions to the contracting office, contact Timothy Hoerz timothy.t.hoerz.civ@mail.mil

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 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:

Lowest-Price-Technically-Acceptable (LPTA) https://www.uscontractorregistration.com/ mailto:timothy.t.hoerz.civ@mail.mil

(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)

ADDENDUM TO 52.212-2

Award will be made using the lowest price technically acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award may be made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

(a). The Government will award a Purchase Order resulting from this solicitation, to the responsible Request For

Quote (RFQ) conforming to the solicitation, with the lowest price technically acceptable. Award will be on an all or none basis. The following evaluation factors shall be used to evaluate offers: Technical Acceptability and Price.

The Government will initially list proposals from lowest to highest price. The Government will evaluate the lowest priced proposal first. If that proposal is determined technically unacceptable, the Government will evaluate the next lowest priced proposal and continue in that manner until a proposal is rated Technically Acceptable. If a proposal is rated Technically Unacceptable, the Government will not evaluate any other factor. USING THIS PROCEDURE, THE GOVERNMENT MIGHT NOT EVALUATE ALL PROPOSALS.

The Offer will be found technically acceptable if the offer meets the following salient characteristics “brand name or equal” to the BioFire Film Array Torch analyzer, fully automated platform for Molecular Respiratory and

Gastrointestinal Pathogen Testing. The Salient Characteristics and requirements are listed below:

1. Technical Acceptability: The contractor shall provide a lease/rental basis for one (1) fully integated analyzer “brand name or equal” to BioFire Film Array Torch analyzer, for Irwin Army Community

Hospital Fort Riley, Kansas. If providing an “equal item(s)”, comply with FAR Provision 52.211-6, Brand

Name or Equal. The analyzer shall be fully integrated platform, training, supplies, reagents, for the equipment, subject to applicable warranty, and telephonic assistance. Contractor shall include delivery, installation, all calibrators/standards, reagents/reagent packs, and quality control materials necessary to perform the initial method validation per CLIA/NCCLS QM guidelines.

Explain your firm’s capability, to include any processes currently in place that will ensure all of the specifications identified are met. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specification of parts thereof, or phrases such as “standard procedures will be used” or “well-known techniques” will be considered insufficient. Contractor shall provide the one (1) fully automated analyzer “brand name or equal” to BioFire Film Array Torch analyzer.

Technical Acceptability is based on performing ALL of the requirements listed below and ALL of the requirements listed in the Performance Work Statement (PWS); with emphasis on paragraph 1. These areas are not all inclusive, as all areas of the Statement of Work must be met. See the Performance Work

Statement (PWS) for details.

The technical proposal shall be addressed in sufficient written detail for the Government to determine if the offeror possesses sufficient technical capability to adequately meet the requirements of the Performance

Work Statement.

a. Meet the salient physical, functional, or performance characteristics in this solicitation:

Salient Characteristics for Molecular Respiratory and Gastrointestinal Pathogen testing.

1. Analyzer must have walk away capabilities to free techs to perform other duties which improve efficiency.

2. Analyzer must have capabilities to detect several nucleic acid targets at once.

3. Analyzer must have at least two internal controls for every patient.

4. Reagents must be stored at room temperature as refrigerator space is limited.

5. Analyzer must produce results in less than one hour and forty minutes with limited hands-on time (limited time; 5-10 minutes per specimen, which does not factor in prepping all the reagents).

6. Analyzer must have FDA approved respiratory and gastrointestinal pathogen panels.

b. Clearly identify the item by -

(1). Brand name, if any: and

(2). Make or model number:

c. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer.

d. Leasing of an Automated Analyzer “brand name or equal” to BioFire Film Array Torch analyzer; which includes include all equipment, service, and consumables. Reagents – Panels will be purchased by an appointed Government Ordering Officer, on an as needed basis; see Sub-

CLINs for quantities.

e. Equipment setup, on-site training, and analytical measurement range/linearity verification, shall

(must) be completed by Contractor personnel.

Offerors receiving a rating of “unacceptable” in any technical factor will not be eligible for award.

f. The evaluation factors for Technical Acceptability.

Acceptable: Documentation provided clearly meets the minimum requirements of the solicitation.

Unacceptable: Documentation provided does not meet the minimum requirements of the solicitation.

2. Price: Price will be evaluated using various price analysis techniques and procedures IAW FAR

15.404-1(b) including, but not limited to, comparison of proposed price received in response to the solicitation with a comparison to market research. Evaluation of price will include a determination that the price is fair and reasonable.

Price must be determined to be fair and reasonable.

The total contract price will be calculated by adding the lease cost of the analyzer (if priced), and the cost of reagents/panels for the base year and each option year. Annotate each CLIN price and total price on the

SF1449 RFQ.

(b). Options. The Government will evaluate quotes 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). Quotes must be submitted NLT the offer due date/local time CST by e-mailing or faxing to:

timothy.t.hoerz.civ@mail.mil, or faxing to (254) 553-3906 Attn: Tim Hoerz. No telephonic questions will be accepted, only through email. A signed SF form 1449 with completed pricing data must be submitted. E-mail is the preferred method.

(d). The award decision will be IAW FAR 15.101-2 and based on the lowest price technically acceptable (LPTA) source selection process.

(e). A written notice of award or acceptance of an offer, will be furnished via e-mail to the successful offeror within the time for acceptance specified in the offer and 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.

Offerors receiving a rating of “unacceptable” in technical factor will not be eligible for award.

(end of provision)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

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).

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.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting

Officer within five business days from the date of the inversion event.

(End of clause) mailto:timothy.t.hoerz.civ@mail.mil

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 15 calendar days prior to contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days prior to contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 56 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 334516- assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at

$500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.209-12 Certification Regarding Tax Matters FEB 2016

52.211-6 Brand Name or Equal AUG 1999

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

$10,000,000.

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

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

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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