Combined_synopsis.docx

W81XWH-17-T-0261

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will be not be issued.

This combined synopsis/solicitation issued as a Request for Quote (RFQ).

The Armed Forced Medical Examiner System (AFMES) Division of Forensic Toxicology (DFT) has a requirement for the Brand Name Only, Abbott Brand StarLims Forensic Laboratory Information Management System in accordance with (IAW) the Minimum Essential Characteristics (MEC) and the Performance Work Statement (PWS) identified in the attached Request for Quote (RFQ).

The acquisition is full and open competition using the Lowest Price Technically Acceptable (LPTA) selection procedures. Reference attached RFQ for detailed information on the requirement, how to respond, and evaluation criteria.

Questions in response to the RFQ are due no later than, 10 July 2017, 2:00 P.M, ET. NOTE: All questions must be sent via email: kimberly.s.hannan.civ@mail.mil only one (1) set of questions will be accepted from each vendor. No phones calls will be accepted.

The RFQ closes on Monday, 31 July 2017 at 2:00 P.M. ET. NOTE: all submission must be sent via email: kimberly.s.hannan.civ@mail.mil This RFQ as well as any amendments will be used electronically in accordance with FAR 4.502 and FAR 5.102. As a result, hard copies will not be provided.

STARLIMS Forensic Full-User License

FFP

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

FOB: Destination

MFR PART NR: SL-FR-FCL

NET AMT

STARLIMS Standard Designer License

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

MFR PART NR: SL-XFD

NET AMT

STARLIMS Per-Deim On Site BA

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

On-Site activities to include: kick off meeting/Business analysis, End user training, etc.

MFR PART NR: PS-BON

NET AMT

STARLIMS Per-Deim Off Site BA

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

Off-Site activities to include: Gap analysis, Design and testing, instrument interface, system administrator training, etc.

MFR PART NR: PS-BOF

NET AMT

STARLIMS Off Site Project Manager

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

MFR PART NR: PS-POF

NET AMT

STARLIMS Off Site Testing and Documentat

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

Documentation to inlcude training materials

MFR PART NR: PS-TOF

NET AMT

Travel and Training

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

MFR PART NR: TR-PSP

NET AMT

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

MFR PART NR: MN-AMP

NET AMT

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

NET AMT

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

NET AMT

This request is for Brand Name or equal in accordance with (IAW) the Performance Work Statement (PWS) and the Minimum Essential Criteria (MEC).

NET AMT

PWS

PERFORMANCE WORK STATEMENT

For vendor to provide delivery and installation of a Laboratory Information Management System (LIMS) to the Armed Forces Medical Examiner System (AFMES), Division of Forensic Toxicology (DFT), Dover AFB, DE.

TABLE OF CONTENTS

1.0. GOVERNMENT STATEMENT OF OBJECTIVES

1.1. PURPOSE: Acquire delivery and installation of a Laboratory Information Management System (LIMS).

1.2. SCOPE: The contractor or its subcontractors shall be a specialist in delivering and installing LIMS in the spaces at AFMES, DFT and also provide data migration/integration services from existing databases to the new LIMS. The contractor or its subcontractors should be an active certified LIMS dealer and have factory trained technicians to deliver and install the licenses and software.

1.3. PERIOD OF PERFORMANCE: The delivery date for the LIMS is on or before 31 August 2017. This will include Four (4), twelve month (12) option periods for Annual Software Maintenance Support.

2.0. BACKGROUND

The AFMES DFT is the centralized laboratory serving the interests of the Department of Defense (DoD) investigating military-related deaths, intoxicated drivers, victims of sexual assault and incidents involving aircraft, ground, and sea mishaps, among other special cases of national interest. The DFT also provides quality oversight of the DoD Drug Testing Program through certification, proficiency testing, and inspections, as well as developing assays for monitoring emerging drugs of abuse.

Currently, DFT laboratory data is produced largely as paper products and physical case folders. The history, trends, and analyses are managed through several custom databases built out of necessity over time. The files are not integrated or organized, so many of the daily operations are handled by physical checks and balances on paper. This practice would not be sustainable if there were an abrupt increase in caseload, while expectations of high quality and rapid turnaround time remain unchanged. Also, with regulatory policies becoming more stringent a LIMS would provide a central solution to meet requirements for accrediting bodies such as American Board of Forensic Toxicology, American National Standards Institute-American Society for Quality National Accreditation Board, and American Society of Crime Lab Directors/Lab Accreditation Board:ISO17025. A LIMS is required to meet current and future needs for tracking workflow for years to come.

3.0. QUALITY MANAGEMENT

3.1. The Contractor or its subcontractors shall have a planned and systematic quality management process for monitoring and analyzing its contract performance.

3.2. INSPECTION AND ACCEPTANCE: The inspection and acceptance point for all deliverables and services rendered under this contract will be the Contacting Officer’s Representative (COR). The performance by the contract personnel, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the COR. The customer reserves the right to inspect or test any software that has been tendered for acceptance. The COR may require repair or replacement of nonconforming software at no increase in contract price.

4.0. PERFORMANCE OBJECTIVES

4.1. DELIVERY: Deliver the required LIMS meeting manufacturer’s specifications by the delivery date and IAW the terms of the contract.

The warranty for the LIMS will become active immediately after project completion for one year after installation. During the warranty period the contractor or its subcontractors shall provide ongoing maintenance and support to include security related configurations, patches, updates and upgrades at no additional charge and warrants that the media will be substantially free from material defects in materials or workmanship and the program, updates and upgrades provided in the warranty period will operate in substantial conformity with the documentation. Following expiration of the one year warranty, the contractor or its subcontractors shall provide maintenance and support IAW the contract. Additionally, the contractor or its subcontractors will maintain the application so that it is compatible with the most recent operating system (OS) released and supported by the OS developer. The contractor or its subcontractors shall be a specialist in delivering and installing the LIMS in the DFT laboratory spaces at AFMES. The contractor or its subcontractors shall be an active certified LIMS dealer and have factory trained technicians to deliver and install the instrument.

4.2. INSTALLATION: Complete installation of the LIMS meeting manufacturer installation specifications within the existing laboratory spaces in the DFT. Installation includes gap analysis documentation with solutions, design documentation and testing, assistance with installation of system development, testing and production, instrument interfaces, general configuration of users, labels, equipment, inventory management and quality analysis, unit configuration for toxicology, data migration/integration services, and on-site application training.

4.3. MIGRATION/INTEGRATION SERVICES

4.3.1. The contractor shall provide software and data integration services, workflow analysis and integration services to DFT as part of the transition to LIMS.

4.3.2. The contractor shall provide for the migration of all data which currently resides within DFT systems.

4.3.3. The contractor shall ensure the product is configurable to the DISA Application Security and Develop STIG.

4.3.4. The contractor shall ensure the product has the capability to run in a VMWare VSphere virtual environmental that is DoD STIG compliant and secured.

4.4. TELEPHONIC OR ELECTRONIC TECHNICAL SUPPORT: The contractor shall provide DFT 24/7 access to a telephonic technical support phone number as well as a website and/or email address that is available during the normal business hours of the laboratory. The technical support staff shall be familiar with and capable of assisting laboratory personnel with the operation of the system and applicable software.

4.5. RESPONSE TIMES: The contractor shall respond telephonically or electronically to all telephone or electronic service calls within two (2) business hour of notification of a problem. The contractor shall provide on-site service within 2 business days of initial notification form the laboratory (when required). The contractor shall complete all corrective measures within 3 business days of initial notification from the laboratory.

5.0. ADMINISTRATION

5.1. COMPUTER NETWORK: Contractors will not be allowed to access the internet and/or be granted computer access to the AFMES Network. The Forensic Toxicology Technical Representative or designee will be available for requests to see specific items on the network. The representative or designee will log-in to the computer, pull-up and if necessary print out additional information as needed as long as it does not violate Information Assurance or HIPPA policy. Contractors will not enter the facility or introduce mobile or other computing devices without prior approval from the AFMES Information Assurance Manager.

5.2. FACILITY ACCESS: All commercial vehicles and buses will be directed to the commercial search area. Each commercial vehicle operator must have a computer generated bill of laden for delivery, valid driver’s license, current proof of insurance, current vehicle registration and current trailer registration (if applicable). If visitors do not have all of these credentials, they will be denied entry into the installation.

1. Full Name

1. Date of Birth

1. Place of Birth

1. Driver's License Number

1. Driver's License State

1. Company Name

1. Duration of Visit

1. Access Privileges: 0700-1700

1. Badge Color: Red (requires approved AFMES escort) Green (can actually escort other co-workers {assistants} onto base).

5.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR): The COR will be the Contracting Officer’s (KO) authorized representative in administering the contract. The Contractor’s representative shall be available to discuss any problems that the Contractor’s personnel may be experiencing during the performance of this contract. Problems experienced by the Government with the Contractor’s performance will be discussed and resolved. Unresolved problems will be referred to the KO for resolution.

KO:

Contract Specialist:

COR:

AFMES

Phone:

Email address:

5.4. CONTRACTOR MANPOWER REPORTING. "ACCOUNTING FOR CONTRACT SERVICES: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address “https://cmra.army.mil. The required information includes: (1) Contracting Office, KO, KO’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractor); (6) Estimated direct labor dollars paid this reporting period (including sub-contractor); (7) Total payments (including sub-contractor); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (10) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (11) Presence of deployment or contingency contract language, and, (12) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). (13) As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. The contractor shall notify the KO’s Representative (COR) by the 5th working day of November whether or not they have completed this report. If the COR is unavailable, the contractor will notify the KO."

AFMES UIC =W03K06

DODAAC = W56DNJ

6.0. AT/OPSEC REQUIREMENT

6.1. ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES: Contractors and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identify Verification of Contractor Personnel) as directed by DoD HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the government may require changes in contractor security matters or processes.

6.2. CONTRACTOR THAT DO NOT REQUIRE A CAC, BUT REQUIRE ACCESS TO A DOD FACILITY OR INSTALLATION: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

7.0. QUALITY ASSURANCE SURVEILLANCE PLAN

7.1. PLAN OBJECTIVE: This plan provides a quality surveillance strategy for the delivery of, installation of, training on, data migration/integration, telephonic/electronic support, response time to service calls and technical support agreement on the LIMS at DFT Dover AFB, DE. The primary purpose of this plan is to provide a basis for the government’s evaluation of the Contractor’s key areas of performance under this contract. The KO, in conjunction with input provided by the COR, will evaluate the Contractor’s performance. Oversight of the Contractor’s performance will assure quality and consistency of contract performance.

7.2. PERFORMANCE MEASUREMENT OBJECTIVE: The key area(s) of the Contractor’s or its subcontractors’ performance that will be evaluated during the term of the contract. The performance work statement reference will be provided for each performance measurement objective.

7.3. ASSESSMENT METHOD: Contractor or its subcontractors’ performance is inspected periodically. Methods of surveillance are passive by customer feedback, passive by reports provided by the Information Technology Division, and review by the COR at time of service(s).

7.4. ACCEPTABLE QUALITY LEVEL (AQL): The degree to which the Government will allow the Contractor’s or its subcontractors key areas of performance to vary; the variance from the standard that the Contractor or its subcontractors is allowed and the grading/measurement associated with deviation from the specific performance standard.

7.5. KEY AREAS OF PERFORMANCE (Performance Requirements Summary):

7.6. CONTRACTOR PERFORMANCE ASSESSMENT REPORT. This report shall be submitted to the KO annually by the COR, or upon exception.

7.7. RE-PERFORMANCE OF SERVICES. If any of the services do not conform to contract requirements, the Government will require the contractor to re-perform the services in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected due to circumstances, the Government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. The KO may exercise appropriate contractual remedy should the contractor fail to promptly take the necessary action to ensure future performance is in conformity with contract requirements.

When apparent non-satisfactory work is identified, the COR shall prepare a Contract Discrepancy Report (CDR) and submit to the KO for review, see attached for CDR form. The Contractor shall then be required to respond to the CDR. The Contractor shall explain reasons for substandard performance, how performance will be returned to acceptable levels, and how recurrence of the same or like problems will be prevented. The KO will evaluate the Contractor's explanation, assess its validity, and determine whether it is acceptable.

The contractor shall be required to correct/eliminate any deficiencies in services in a timely manner. Notification begins when pertinent documents (e.g., Customer Complaint Record or CDR) are issued to the contractor. Time of notification and correction of all applicable deficiencies should be entered on all Government documents and retained in the contract file. The Government may execute a deduction in payment for non-compliance when validated by the KO.

END OF PERFORMANCE WORK STATEMENT

MEC

Minimal Essential Characteristics Laboratory Information Management System (LIMS) Brand Name or Equal

The AFMES Division of Forensic Toxicology (DFT) is the centralized laboratory serving the interests of the Department of Defense (DoD) investigating military-related deaths, intoxicated drivers, victims of sexual assault and incidents involving aircraft, ground, and sea mishaps, among other special cases of national interest. The DFT also provides quality oversight of the DoD Drug Testing Program through certification, proficiency testing, and inspections, as well as developing assays for monitoring emerging drugs of abuse.

Currently, the laboratory data is produced largely as paper products and physical case folders. The history, trends, and analyses are managed through several custom databases built out of necessity over time. These files are not integrated or organized, so many of the daily operations are handled by physical checks and balances on paper. This practice would not be sustainable if there were an abrupt increase in caseload, yet expectations of high quality and rapid turnaround time remain unchanged. Within DFT there are no resources or especially integrated systems to provide this service so a single LIMS platform to meet these needs would be optimal.

In order to stay compliant with new standards and since the mission is varied and complex, the LIMS package must:

· Be configurable in workflows for a wide range of research projects and laboratory processes

· Interface with automated sample handling systems, analytical instruments, and system-to-system communications through direct database communications

· Allow the management team to oversee lab workflows with easy interfaces and search across multiple data sets to quickly understand and react to emerging trends or find ways to improve product quality, workflows and planning of resources

· Be ISO certified

· Be capable of processing at least 100,000 samples per year

· Meet current and future needs for tracking workflow

· In addition to enhancing efficiency and reducing cost, the LIMS must be configurable to scale up for new analyses, expanded services, and accommodate product upgrades for years to come

· Include data Migration/Integration Services

· Migrate data from existing DFT databases into LIMS

· Provide a Certificate of Networthiness (CoN)

· Must be configurable to the DISA Application Security and Development STIG

· Must be able to run in a VMware VSphere virtual environment that is DoD STIG compliant and secured

· Must meet or exceed applicable NIST 800-53A controls

· Be able to encrypt databases

· Include or utilize a SQL Server

· Software must be Windows 10 compatible

· Include annual technical support with unlimited telephone, email and web-site operational support per named contacts. 24/7 telephone support

· Offer annual software maintenance plan

· Include one (1) designer license

· Include 30 Forensic Concurrent User License

· Must be Commercial-off-the-Shelf Product

It is desirable to eliminate as much paperwork as possible, keeping all data and transactions as electronic records for searchable and cross-reference queries. An acceptable LIMS program must easily and effectively manage tasks in areas of:

· Evidence receipt

· Electronic chain of custody transfers

· Scheduling tests

· Analyst assignments

· Entering analytical results

· Expert review

· Issuing final reports

As regulatory policies become more stringent on document control, training records, audit trails, and reagent traceability, the LIMS must be able to provide a central solution to meet requirements for inspector reviews from accrediting bodies such as American Board of Forensic Toxicology, American National Standards Institute-American Society for Quality National Accreditation Board, and American Society of Crime Lab Directors/Lab Accreditation Board:ISO17025.

From a quality management perspective, the software must be able to track:

· Monthly progress reports

· Testimony scheduling

· Personnel educational training and competency records

· Proficiency tests

· Standard operating procedures (SOPs) as current, in revision, or archived

· User acknowledgements of new or revised SOPs

· Inventory control

· Maintenance and calibration logs

· Corrective actions and MFRs

Lastly, the laboratory desires the software package to be a unified system to avoid entry duplications and expensive upkeep among various software clients. The ability to track specimens upon arrival, follow progress, and issue results meets expectations from most LIMS packages. However, the forensic requirements of supporting documentation in reagent certification, analyst education, and instrument calibration all need to be integrated for supervisor review and litigation purposes.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

W03K AFME SYSTEM

115 PURPLE HEART DRIVE

DOVER AIR FORCE BASE DE 19902

302-346-8648

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

31-AUG-2018

31-AUG-2019

31-AUG-2019

31-AUG-2020

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

Commercial and Government Entity (CAGE) code means—

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

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

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

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

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

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.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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.

(ii) 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. Sec. 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.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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.

(iv) 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).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications,…