W911YN17T0032_SYNOPSIS_SOLICIT.doc

W911YN-17-T-0032

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a request for quotation (RFQ). This synopsis/solicitation is issued for commercial services in accordance with FAR Part 13—Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective January 19, 2017, and DPN 20161222 effective December 22, 2016. NAICS 621498 small business size standard is $20,500,000.00. This acquisition is set-aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. Please note, the contracting officer will ensure that the apparent successful offeror has provided all required documents to the WOSB Program Repository. The contract will not be awarded until all required documents are received. Attention is brought to the requirement of clause 52.219-30, the WOSB concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees.

Quotes are due April 27, 2017 at 12:00 pm Eastern. Quote pricing, representations and other documentation shall be uploaded to www.fbo.gov. PLEASE UTILIZE THE PACKAGE UPLOAD FEATURE IN ELECTRONIC SUBMISSION/RESPONSES TO SUBMIT RESPONSES. Oral, faxed, emailed, and mailed quotations will not be accepted.

Any questions shall be addressed in writing no later than April 25 at 8:00 AM Eastern to Brian Williams, Contracting Officer, at email brian.j.williams9.mil@mail.mil. All questions and answers will be posted with the synopsis/solicitation at www.FBO.gov.

Description of requirement: The Florida Army National Guard (FLARNG) requires Periodic Health Assessments (PHA), to include, immunization updating, over 40 exams, phlebotomy, vision screening, behavioral health services, etc. with MEDPROS and DENCLASS systems updating, and Dental Treatment of Soldiers as described in the Statement(s) of work for the Contract Line Items identified. The contractor will be expected to set up mobile facilities and equipment one to two days prior to the start of the event, and equipment to be set up inside government facilities at least one day before the event, no later than 3:30 PM, in order to ensure full operations of systems. The Government may inspect facilities to ensure compliance with all applicable laws and contract requirements. (MEDPROS available through the Army Medical Operation Data System [MODS] at www.mods.army.mil.)

The Florida National Guard currently contracts for these services on an individual event basis, or through the Reserve Health Readiness Program (RHRP).

Performance Standards: In accordance with the Performance Work Statement (PWS) and exhibits, the contractor shall provide all management, labor, material, equipment, certifications and supplies necessary to provide Medical services, dental examinations, and health and dental record updating, MEDPROS and DENCLASS updating. DOEHRS direct computer upload compatible audiology exams and SPRINT testing, MEDPROS entry of all applicable and appropriate IMR/FMR functions including completion of the electronic PHA in the MEDPROS online module during the event by the provider. Soldiers will initiate the E-PHA questionnaire prior to event online. The contractor shall set up within the FLARNG facility except for audiology, if included in Technical Exhibit 3. If identified as required in Exhibit 3, separate contractor provided facilities shall be used on site for audiology (to include SPRINT if required).

Evaluation and Award

Award will be made on the basis of price in accordance with FAR 13.106-1. Award will be made to the responsible contractor (see FAR Part 9) whose quote represents the lowest overall price on a “multiple award” basis (see FAR 13.101(b)(1) and FAR 52.212-1(h)). Contractors must quote all items in the solicitation. The Government intends to evaluate quotes/offers and make award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial quote/offer should contain the offeror’s best terms from a cost or price standpoint. Do not assume you will have the opportunity to clarify, discuss or revise your quote/offer. Offerors may, at the discretion of the Government, be asked to provide more information and clarification regarding their quote/offer. Request for such information does not constitute discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government intends evaluate quotations and make a single, or multiple Firm-Fixed Price awards. It is assumed, for the purpose of evaluating quotations, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs. Multiple awards. The Government may accept any item or group of items of a quotation, unless the offeror qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. In determining multiple awards, the government will not accept an item for PHA/Dental Evaluation without also accepting the corresponding item for Dental Treatment.

Contractor Responsibility

In accordance with FAR Subpart 9.104-1, to be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

(d) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15);

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to be satisfied that a prospective contractor currently meets the applicable standards in 9.104. The offeror must demonstrate responsibility.

(FAR 9.104-3(a)) Ability to obtain resources. Except to the extent that a prospective contractor has sufficient resources or proposes to perform the contract by subcontracting, the contracting officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources (see 9.104-1(a), (e), and (f)). Acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. Consideration of a prime contractor’s compliance with limitations on subcontracting shall take into account the time period covered by the contract base period or quantities plus option periods or quantities, if such options are considered when evaluating offers for award.

(FAR 9.104-3(b)) Satisfactory performance record. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible, unless the contracting officer determines that the circumstances were properly beyond the contractor’s control, or that the contractor has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility. Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance. The contracting officer shall consider the number of contracts involved and the extent of deficient performance in each contract when making this determination. If the pending contract requires a subcontracting plan pursuant to Subpart 19.7, The Small Business Subcontracting Program, the contracting officer shall also consider the prospective contractor’s compliance with subcontracting plans under recent contracts.

(9.104-3(c)) Affiliated concerns. Affiliated concerns (see “Concern” in 19.001 and “Affiliates” in 19.101) are normally considered separate entities in determining whether the concern that is to perform the contract meets the applicable standards for responsibility. However, the contracting officer shall consider the affiliate’s past performance and integrity when they may adversely affect the prospective contractor’s responsibility.

9.104-3(d)) Small business concerns. Upon making a determination of nonresponsibility with regard to a small business concern, the contracting officer shall refer the matter to the Small Business Administration, which will decide whether to issue a Certificate of Competency (see Subpart 19.6). A small business that is unable to comply with the limitations on subcontracting at 52.219-14 may be considered nonresponsible.

Federal Awardee Performance and Integrity Information System

Before awarding a contract in excess of the simplified acquisition threshold, the contracting officer shall review the performance and integrity information available in the Federal Awardee Performance and Integrity Information System (FAPIIS), (available at www.ppirs.gov, then select FAPIIS), including FAPIIS information from the System for Award Management (SAM) Exclusions and the Past Performance Information Retrieval System (PPIRS). When making a responsibility determination, the contracting officer shall consider all the information available through FAPIIS with regard to the offeror and any immediate owner, predecessor, or subsidiary identified for that offeror in FAPIIS, as well as other past performance information on the offeror (see subpart 42.15).

Quotations

Any response to this synopsis/solicitation will be considered a “quotation”. Any reference to “offer”, “bid” or similar in this solicitation shall be taken to mean “quotation”. Any reference to “offeror, “bidder” or similar in this solicitation shall be taken to mean a company submitting a “quotation”.

“Offer” means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called “bids” or “sealed bids”; responses to requests for proposals (negotiation) are offers called “proposals”; however, responses to requests for quotations (simplified acquisition) are “quotations,” not offers.

FAR 13.004 -- Legal Effect of Quotations.

(a) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

(b) When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing, as defined at 2.101. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred.

(c) If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer. (See 13.302-4 for procedures on termination or cancellation of purchase orders.)

Contract Line Item Numbers (CLINs):

See FBO for Electronic Submission This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as is they were given in full text;

52.204-22 – Alternative Line Item Proposal FAR 52.212-1 Instructions to Offerors--Commercial Items The following paragraph is altered: (h) Multiple awards. The Government may accept any item or group of items of a quotation, unless the offeror qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified.

FAR 52.209-02 Prohibition on Contracting with Inverted Domestic Corporations—Representation;

FAR 52.212-3 ALT 1 Offeror Representations and Certifications—Commercial Items;

FAR 52.233-2 -- Service of Protest.

Protest to the independent review authority shall be filed with either the Office of the Chief Council or the Contracting Officer:

Office of Chief Counsel

ATTN: NGB Protest Decision Authority

1411 Jefferson Davis Highway

Jefferson Plaza 1; Suite 11300 Arlington, Virginia 22202-3231 FAX (703) 607-3684 or 3682

OR

Protest to the Contracting Officer shall be filed at:

Contracting Officer’s address

189 Marine St

St. Augustine, FL 32084

FAX (904) 823-4749

ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FILED BY ELECTRONIC MAIL.

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials;

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation.

DFARS 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information Controls;

DFARS 252.204-7011 Alternative Line Item Structure;

DFARS 252.225-7031 Secondary Arab Boycott of Israel;

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (http://farsite.hill.af.mil).

FAR 52.252.5 Authorized Deviations in Provisions

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision) DFARS 252.247-7022 Representation of Extent of Transportation by Sea.

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it—

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision) This solicitation incorporates one or more solicitation clauses by reference, with the same force and effect as is they were given in full text;

FAR 52.203-3 – Gratuities.

FAR 52.203-6 Alt I-- Restrictions on Subcontractor Sales to the Government.

FAR 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

FAR 52.219-8 -- Utilization of Small Business Concerns.

FAR 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act.

FAR 52.222-44 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment.

FAR 52.204-9 Personal Identity Verification of Contractor Personnel;

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards;

FAR 52.212-4 Contract Terms and Conditions - Commercial Items;

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, with the following applicable clauses in paragraph (b):

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;

FAR 52.209-10 Prohibition on contracting with Inverted Domestic Corporations;

52.219-30 – Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program;

FAR 52.222-3, Convict Labor;

FAR 52.222-21, Prohibition of Segregated Facilities;

FAR 52.222-26, Equal Opportunity;

FAR 52.222-36 Affirmative Action for Workers with Disabilities, FAR 52.222-50, Combating Trafficking in Persons;

FAR 52.223-5, Pollution Prevention and Right to Know Information;

FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving;

FAR 52.225-13, Restrictions on Certain Foreign Purchases;

FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration;

FAR 52.222-41, Service Contract Labor Standards;

FAR 52.222-42, Statement of Equivalent Rates for Federal Hires;

FAR 52.222-55, Minimum Wages Under Executive Order 13658;

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

FAR 52.224-1 Privacy Act Notification;

FAR 52.224-2 Privacy Act;

FAR 32.232-39—Unenforceability of Unauthorized Obligations;

FAR 52.232-40 -- Providing Accelerated Payment to Small Business Subcontractors;

FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation;

FAR 52.237-7, Indemnification and Medical Liability Insurance (*At least the minimum amounts required in the State of Florida);

DFARS 252.201-7000 Contracting Officer's Representative;

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials;

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights;

FAR 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting;

DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors;

DFARS 252.223-7008 Prohibition of Hexavalent Chromium;

DFARS 252.225-7012 Preference for Certain Domestic Commodities.

DFARS 252.225-7048 Export Controlled Items;

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports;

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel;

DFARS 252.243-7002 Requests for Equitable Adjustment.

DFARS 252.244-7000 Subcontracts for Commercial Items;

DFARS 252.247-7023 Transportation of Supplies by Sea

DFARS 252.232-7010 Levies on Contract Payments;

DFARS 252.232-7006 Wide Area Workflow Payment Instructions;

DFARS 252.247-7024 Notification of Transportation of Supplies by Sea

FAR 52.252-6 Authorized Deviations in Clauses

(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 Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Note: The full text of a clause/provision may be accessed electronically at: http://farsite.hill.af.mil.

Notice: Contractor performance may be evaluated in accordance with policy at FAR 42.1502.

Note: Contractor will be required to utilize Wide Area Workflow (WAWF) for electronic submission of payment requests (https://wawf.eb.mil/)

Notice for Service Contract Act: Applicable SCA Wage Determination--Wage Determination No.:

Palm Coast 2015-4553 Rev 1 dated 1/31/2017

Eustis 2015-4551 Rev 2 dated 12/30/2016 Orlando 2015-4553 Rev 2 dated 12/30/2016

Melbourne 2015-4555 Rev 1 dated 1/31/2017 See www.wdol.gov

But see clause 52.222-55 for minimum wage set by Executive Order 13658 Statement of Equivalent Rates for Federal Hires:

GS-0600 – MEDICAL, HOSPITAL, DENTAL, AND PUBLIC HEALTH GROUP; GS-06 through GS-11 Submittal requirements: Contractors shall submit quotations and information required by the applicable provisions which outline the following:

1. Pricing for each Priced CLIN through FBO;

2. Proposals must also include completed representations and certifications in the provision 52.212-3 Alt. I. If the offeror has completed 52.212-3 Alt I in SAM.gov, include the appropriate certification for NAICS and size standard in this solicitation.

By submitting a quote, the offeror makes the following representations:

FAR 52.209-02 Prohibition on Contracting with Inverted Domestic Corporations—Representation;

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials;

52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. (required if not included in 52.212-3 Alt I in SAM);

DFARS 252.225-7031 Secondary Arab Boycott of Israel;

In addition to the above

Complete the following and submit with quotation:

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 accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

Ensure the version of provision in SAM included paragraphs (h) and (q) or include with quote.

If not on SAM.gov, submit a completed copy.

52.212-3 Alt 1

(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 (r) 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.]

(q)

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(1) As required by section 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—

(i) 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 and 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

(ii) 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.

(2) The Offeror represents that--

(i) 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

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

Complete the following and submit with quotation:

Disclosure of Included Dental Treatment Services

D2140 Amalgam One Surface

D2150 Amalgam Two Surfaces

D2160 Amalgam Three Surfaces

D2161 Amalgam-Four or More Surfaces

D2330 Composite One Surface

D2331 Composite Two Surfaces

D 2332 Composite Three Surfaces

D2335 Composite Four or More Surfaces

D2391 Composite One Surface

D2392 Composite Two Surfaces

D2393 Composite Three Surfaces

D2394 Composite Four or More Surfaces

D2799 Provisional Crown

D2931 Prefabricated Stainless Steel Crown

D2950 Core Buildup, including any pins

D2954 Prefabricated Post and Core

D3310 Anterior Root Canal Therapy

D3320 Bicuspid Root Canal Therapy

D3330 Molar Root Canal Therapy

D3346 Anterior Root Canal Retreatment

D3347 Bicuspid Root Canal Retreatment

D3348 Molar Root Canal Retreatment

D4355 Full Mouth Debridement

D4342Periodontal Scaling and Root Planing, 1 to 3 teeth per quadrant

D5110 Complete Denture-Maxillary

D5120 Complete Denture-Mandibular

D5211 Maxillary Partial Denture-Resin Base

D5212 Mandibular Partial Denture-Resin Base

D7140 Extraction, Erupted Tooth or Exposed Root

D7210 Surgical Removal of Erupted Tooth

D7220 Removal of Impacted Tooth, Soft Tissue

D7230 Removal of Impacted Tooth, Partial Bony

D7240 Removal of Impacted Tooth, Completely Bony

D8680 Orthodontic Retention

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2017-O0001)(NOV 2016)

(a) In accordance with Continuing Appropriations Act, 2017 (Pub. L. 114-223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision) Be Prepared to submit information related to the below areas prior to award of a contract to establish responsibility:

Information pertaining to Responsibility in accordance with FAR Part 9.

(FAR 9.104-3(a)) Ability to obtain resources. Except to the extent that a prospective contractor has sufficient resources or proposes to perform the contract by subcontracting, the contracting officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources (see 9.104-1(a), (e), and (f)). Acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. Consideration of a prime contractor’s compliance with limitations on subcontracting shall take into account the time period covered by the contract base period or quantities plus option periods or quantities, if such options are considered when evaluating offers for award.

(FAR 9.104-3(b)) Satisfactory performance record. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible, unless the contracting officer determines that the circumstances were properly beyond the contractor’s control, or that the contractor has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility. Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance. The contracting officer shall consider the number of contracts involved and the extent of deficient performance in each contract when making this determination. If the pending contract requires a subcontracting plan pursuant to Subpart 19.7, The Small Business Subcontracting Program, the contracting officer shall also consider the prospective contractor’s compliance with subcontracting plans under recent contracts.

(9.104-3(c)) Affiliated concerns. Affiliated concerns (see “Concern” in 19.001 and “Affiliates” in 19.101) are normally considered separate entities in determining whether the concern that is to perform the contract meets the applicable standards for responsibility. However, the contracting officer shall consider the affiliate’s past performance and integrity when they may adversely affect the prospective contractor’s responsibility.