Solicitation.docx

W81XWH-17-T-0322

This combined synopsis/solicitation issued as a Request for Quote (RFQ). The Armed Forces Medical Examiner System (AFMES) Division of DNA Identification Laboratory (AFDIL) has a requirement for the Brand Name or Equal, STARPlus liquid handling system KAPA Upgrade (Hamilton Robotics) in accordance with (IAW) the Minimum Essential Characteristics (MEC) 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, Wednesday, 19 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 10:00 A.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.

Baseplate for CPAC's or Shakers

FFP

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

FOB: Destination

MFR PART NR: 55574-01

NET AMT

Tall Plate Stack Carrier

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 185330

NET AMT

Tip Carrier, Landscape

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 182085

NET AMT

Spacer, Adapter 7T

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 188133

NET AMT

High Precision DWP MFX Module Flat

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 58364-02

NET AMT

Spacer, Adapter 7T

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 188133

NET AMT

DWP/384 Tip Box Carrier,Landscape

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 182090

NET AMT

HHS2 3.0 Flat Bottom

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 199034

NET AMT

Alpaqua Magnum Ex Magnet Plate

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: OTP-ALPQ-0007

NET AMT

Inheco CPAC Kit 4-70C

To include:

1 CPAC Ultraflat with 3m cable 1 MTC Slot CPAC/CPAC HT 1 CPAC Adapter Flat Bottom Plat

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: OTP-79000070

NET AMT

Driver Inheco Single/Mult TEC Controller

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 58248-01

NET AMT

Inheco Mult TEC Control Base

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: OTP-8900030

NET AMT

Inheco CPAC Plate Adapter

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: OTP-7900029

NET AMT

Kit, Single ODTC (Rear Exhaust)

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: 96740-01

NET AMT

Application Support

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: Apps-Support

NET AMT

Service Field upgrade

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

MFR PART NR: BILL7

NET AMT

Shipping and Handling

In Accordance With (IAW) the Minimum Essential Criteria (MEC) as outlined in the RFQ.

NET AMT

MEC

Minimum Essential Characteristics (MEC) Brand Name or Equal: STARPlus liquid handling system KAPA Upgrade (Hamilton Robotics)

General: To support the increased workload in the Armed Forces DNA Identification Laboratory (AFDIL) DNA identification and data basing activities, and to provide novel methods for recovering DNA data from the most difficult specimens, the AFDIL is currently evaluating new PCR amplification and sequencing techniques, specifically next generation sequencing (NGS). The Armed Forces DNA Identification Laboratory (AFDIL) has evaluated various methods for mitochondrial genome (mitogenome) enrichment and library preparation for Illumina sequencing. Studies have demonstrated the superior performance of the KAPA HyperPlus Library Preparation kit following PCR enrichment for mitogenome analysis of high-quality, reference-type samples. In order to maximize the utility and throughput of this process, the library preparation steps need to be automated. To this end, the deck of existing Hamilton robotic platform (currently owned by AFDIL) needs to be modified for this purpose. Deck modification requires supplemental accessories including chilling units, an on-deck thermal cycler, a heater-shaker, and carriers to be added to the Hamilton STARPlus platform. Additionally, AFDIL requires the purchase of a modified version of the KAPA HyperPlus software program method, customized to AFDIL’s specific workflow, consumables and modified deck layout of the STARPlus (including the supplemental accessories).

1. Inheco CPAC-Kit 4-70C (heating and cooling unit) (Qty. 2)

Purpose: Temperature-controlled units that enable tubes of reagents and/or plates of samples to be kept at a specific temperature designated by the method developed in the Hamilton Venus software for the STAR robotic systems.

Specifications:

· Must be controllable with the Hamilton Venus software

· Must keep plates and/or tubes at temperature of 4°C to 70°C

· Must include 3 mm cable for power

· Must include flat bottom plate adapter

· Quantity of 2 is required for the KAPA HyperPlus method

2. CPAC (heating and cooling unit) Associated Accessories

Purpose: These items are required to attach the CPAC (heating and cooling units) to the STARPlus deck and control them through the Hamilton method software.

Specifications:

· Baseplate for CPACs or Shakers (Qty. 1)

· Baseplate must hold up to 4 CPACs

· Must be compatible with the Hamilton STAR system

· Driver Inheco Single/Multi TEC Controller (Qty. 2)

· 1 per CPAC

· Quantity of 2 is required for the 2 required CPACs

· Must be compatible with the Hamilton STAR system

· Must be controllable with the Hamilton Venus software

· Inheco Multi TEC Control Base (Qty. 1)

· 1 for up to 6 CPACs

· Must be compatible with the Hamilton STAR system

· Inheco CPAC Plate Adapter, Epp 1.5 Tube Rack (Qty. 1)

· Must hold 24x 1.5mL microcentrifuge tubes

· Must be compatible with the Inheco CPAC unit

· Must keep tubes at temperature of 4°C to 70°C

3. Spacer, Adapter 7T (Qty. 2)

Purpose: This accessory enables the use of the Hamilton STAR 7-track Shaker Carrier (currently in use at AFDIL) for modules designed for the 6-track multiflex (MFX) carrier.

Specifications:

· Must be compatible with the Hamilton STAR system

· Must enables the mounting of MFX modules on a 7T Shaker Carrier

· Quantity of 2 is required for attached deck layout

4. High Precision DWP (deep well plate) MFX (multiflex) Module, Flat (Qty. 2)

Purpose: This accessory holds deep well plates (DWP) in place on the Hamilton STAR deck for automated pipetting.

Specifications:

· Must be compatible with the Hamilton STAR system

· Each module must hold one SBS deep well plate or full-skirted SBS PCR plate

· Must be compatible with the multiflex (MFX) carrier or modified 7T Shaker Carrier

5. Tip and Plate Carriers

Purpose: The tip and plate carriers are required to hold CO-RE tip racks or boxes and/or PCR plates for automated liquid handling on the STAR system utilizing the KAPA HyperPlus method.

Specifications:

· Must be compatible with the Hamilton STAR system

· Tip Carrier, Landscape (Qty. 2)

· Each carrier must hold 5 SBS CO-RE tip racks

· Must hold tip racks in landscape orientation on the deck

· Each carrier must take up 6 tracks on the deck

· DWP / 384 Tip Box Carrier, Landscape (Qty. 1)

· Each carrier must hold 5 SBS deep well plates or 384-tip boxes

· Must hold plates/boxes in landscape orientation on the deck

· Each carrier must take up 6 tracks on the deck

· Tall Plate Stack Carrier (Qty. 1)

· Must hold 4 stacks of 8 microtiter (MTP) or full-skirted PCR plates

· Must hold plates in appropriate orientation on the deck

· Each carrier must take up 7 tracks on the deck

6. HHS2 (Hamilton-Heater Shaker) 3.0, Flat Bottom (Qty. 1)

Purpose: The Hamilton Heater-Shaker (HHS) is designed for integration onto the STAR platforms and allows for both heating and shaking of a large variety of plates and tubes. The heater-shaker is required for a number of incubation steps within the KAPA HyperPlus method.

Specifications:

· Must be compatible with the Hamilton STAR system

· Must be automatable through the Hamilton Venus software

· Must shake up to 2500 rpm

· Must heat up to 105°C

· Must lock plate in plate to prevent unnecessary movement

· Must allow heating and shaking for SBS plates including PCR and DWP and Sarstedt tubes

· Must include the flat bottom adapter

7. Alpaqua Magnum EX Magnet Plate (Qty. 1)

Purpose: This magnet plate contains the strongest and biggest magnets for the 96-well format and is suited for magnetic bead-based separations used for DNA purifications. The magnet is required for a number of bead purification steps within the K HyperPlus method.

Specifications:

· Must be compatible with the Hamilton STAR system and carriers

· Must have Neodymuim-Iron-Boron magnets for strong bead separation

· Must contain 96 ring-shaped magnets

· Must be able to separate large volumes of up to 2 ml in 96 DWP and smaller volumes in 96-well PCR plates

· Must be compatible with skirted, non-skirted, flat bottom, round bottom or v-bottom plates

8. On Deck Thermal Cycler (ODTC), Rear Exhaust Kit (Qty. 1)

Purpose: The ODTC (On Deck Thermal Cycler) allows for fully automated on-deck thermal cycling, including direct pipetting into PCR plates located on the ODTC. The ODTC is required for a number of incubation and/or cycling steps within the KAPA HyperPlus method.

Specifications:

· Must be compatible with the Hamilton STAR system

· Must be automatable through the Hamilton Venus software

· Must have the exhaust in the rear of the cycler

· Must have a footprint of no more than 2.5 SBS positions on the STAR platform

· Lid must opened horizontally to prevent interference with gripper or pipetting head at any time during cycling

· Automated adjustment of lid pressure for different disposables and sealing options

· Must be in a 96 well plate format

· Width 156.5 mm, Length 248 mm; Height 124 mm for integration on all major LH platforms

· Must have the following temperature specifications:

· Temperature range thermal block: +4°C to +99°C

· Temperature range heated lid: ambient to +115°C

· Maximum average heating rate: 4.4°C/s

· Maximum average cooling rate: 2.2°C/s

· Temperature accuracy: +0.3°C

· Temperature uniformity: ± 0.2°C, even with asymmetrical loading of the PCR plate;

9. Applications Support

Purpose: The KAPA HyperPlus method developed by Hamilton must be modified according to AFDIL-specific parameters including the option of half-volume reactions. Hamilton application specialist(s) will modify the existing KAPA HyperPlus method and ensure reliable functionality on the STARPlus system at the AFDIL.

Specifications:

· Must provide an optimized automated method for KAPA HyperPlus library preparation using half volume reaction parameters and AFDIL-specified consumables

· Method must allow for variable sample number input, purified bead ratios, adapter concentrations and quantitation assay

· Must include a user-friendly GUI interface for method operation

· Must utilize the supplied Hamilton STARPlus platform that includes 2 arms with 8 pipetting channels, a 96-well TADM pipetting head, CO-RE gripper and iSWAP

· Must provide all necessary custom liquid classes

· Must ensure precise and accurate liquid handling following liquid class optimization

· Must provide training to expert end users to enable minor future method modifications and/or modified method use

· Must provide troubleshooting assistance following finalized method delivery

10. Service Suport: Service Field Upgrade

Purpose: The service engineer will install all functional hardware and associated accessories on the Hamilton STARPlus deck.

Specifications:

· The installation must be provided by a Hamilton STAR certified service engineer

· Must include (but not limited to) unpacking and installing the hardware and associated accessories on the specified Hamilton STARPlus

· Must place hardware in the deck position specified by the KAPA HyperPlus method

· Must ensure that the hardware is functioning properly and communicating with the Hamilton Venus software

ADDITIONAL INFORMATION

Vendor Additional Information

This request is for BRAND NAME OR EQUAL (FAR: 52.211-6) based on the Minimum Essential Criteria specified in the Solicitation.

The offeror’s proposal response must demonstrate the Offeror’s understanding of the items being requrested as stated in the line item description and MECS. Proposals shall be electronically submitted to: Kimberly Hannan, kimberly.s.hannan.civ@mail.mil

General Information to Offerors

0. Point of Contact: Ms. Kimberly Hannan, kimberly.s.hannan.civ@mail.mil

0. Offers submitted shall be valid for a period of 90 days.

0. The resulting award will be a Firm Fixed Price

Date and Time of Receipt of Proposals

d. Questions in response to the RFQ are due no later than, Wednesday, 19 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.

e. The RFQ closes on Monday, 31 July 2017 at 10:00 A.M. ET. NOTE: all submission must be sent via email: kimberly.s.hannan.civ@mail.mil

"All proposals must be emailed to the Specialist email address only, any proposal not emailed to the Specialist directly may not be considered for award”.

Evaluation Criteria - The Government intends to award a contract to the offeror that provides the best overall value proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the following:

1. Technically Acceptable

2. Price

The Government reserves the right to:

Technical Capabilities/Specifications/Salient Characteristics The degree to which the Offeror’s technical quote demonstrates to the government evaluators that the offeror can provide the requested equipment, and service with the required technical capabilities/salient characteristics described in the Minimum Essential Criteria. The offeror’s proposal response shall demonstrate the Offeror’s understanding of tasks to be utilized in accomplishing the requirements of the MECS. Proposals shall be electronically submitted.

Cost/Price Evaluation The Government will conduct an appropriate price analysis to determine whether prices are fair and reasonable.

The Following Information is shall be included in the response:

Company Required Information to include (Name, Telephone Number, Email Address):

· Tax Identification Number(TIN)

· Dun and Bradstreet and/or Cage Code

· Discount Terms (i.e. Net 30 days)

· Delivery Terms to include Time Frame

· Manufacturer of Item(s)

· Commercial Price List for quoted Items

· Any Shipping Cost (Please Note: Shipping cost must be quote Firm Fixed and will NOT be paid by the Government is it is not included in the quote and resulting contract )

Payment will be made by electronic payment through wide area workflow (WAWF)

*** Government preferred method of payment is through electronic transfer from a Defense Finance and Accounting Office in accordance with FAR Clause 52.232-33 and DFARS clause 252.232.7003.

**** Government requires all companies doing business with the Government be registered with SAM (System for Award Management: https://www.sam.gov/portal/public/SAM/ Or complete the FAR 52.212-3 ALT I - Offeror Representations and Certifications – Commercial Items included in the solicitation. If you are registered with SAM please make note below that you are compliant in the system. *****

Failure to provide this information could slow the award process.

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

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

W56DNH

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.

52.209-11 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.

52.212-2 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:

(b) Basis for Award & Evaluation

This will be a Lowest Priced Technically Acceptable (LPTA) procurement. The Government intends to evaluate quotations and award a contract without discussions with offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable quotation with the lowest evaluated price.

An overall technical rating must be at least "ACCEPTABLE" in order to be eligible for award. An "UNACCEPTABLE" rating, in any factor, results in the overall technical proposal being rated "UNACCEPTABLE.” An overall technical rating of "UNACCEPTABLE" makes a quotation ineligible for award.

An offeror is expected to submit sufficient information in response to the RFQ to allow for the evaluation of its quotation. All quotations submitted with equivalent product shall be IAW 52.211-6 Brand Name or Equal specified criteria and quotations shall provide a matrix that directly points back to all MEC’s. It is the Contractors Responsibility to provide enough information to show how their “Or Equal” product meets the required MEC’s and is comparable to the requested Brand.

Each of the evaluation factors will be rated as follows:

Factor 1 - Technical The degree to which the offeror’s quote demonstrates to the government evaluators that the offeror can provide the requested brand name items that meet the salient characteristics described in the SOW attachment and can meet the delivery schedule.

Table A-1. Technical Acceptable/Unacceptable Ratings

Factor 2 – Price

The offeror’s price quotes will be evaluated to determine the price is fair and reasonable in accordance with FAR 12.209 and FAR 13.106-3.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of 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.

“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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions 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.

(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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

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

(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…