W912LM13T0002.doc

Section SF 1449 - CONTINUATION SHEET Notes to offerors:

1. Overview

This Unrestricted Request For Quote (RFQ) will be used to award approximately 7 to 10 firm fixed-price contracts for Commercially available Dental Services, non personal, to provide dental exams and treatment in the following communities in Minnesota: Twin Cities Metro, Duluth, Mankato, Fargo/Moorhead, Little Falls, Bemidji, Rochester and Marshall. The services will be performed at existing “brick and mortar” dental practices at said locations. The duration of each of the contracts will have a base year plus four option years, totaling five Federal fiscal years.

2. Amendments

Amendments, if/when issued will be posted to https://www.fbo.gov/ for electronic downloading. This will normally be the only method of distributing amendments prior to closing; therefore, it is the offerors' responsibility to check the website periodically for any amendments to the solicitation. Websites are occasionally inaccessible due to various reasons. The Government is not responsible for any loss of Internet connectivity or for an offerors' inability to access the documents posted on the referenced web pages. The Government will not issue paper copies.

3. Questions

All inquiries/questions must be in writing, via email to scott.p.beeman@us.army.mil AND colleen.dalquist@us.army.mil NLT November 27, 2012. All answers to questions submitted will be provided in writing via posting to the web.

4. Submitting costs

Fill out the attached “proposed cost list” and use the total of that sheet for Contract Line Item Number (CLIN) 0001. If your cost will remain the same for the four option years then use that same number on each corresponding CLIN. If your costs will vary year to year, please fill out and attach additional cost lists, circling the appropriate period for each corresponding year. Then fill in the option CLIN’s as appropriate. For the manpower CLIN’s, this will be the amount you charge the Government for time spent submitting your manpower figures. See the “Manpower Reporting Requirement” attached within this Solicitation.

5. Basis of Award

The Government will award a contract, for each location, resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government based on price. If you or your practice is selected as an apparent low for one of the above locations, then you may be required to submit proof of licensure to provide the requested services within the State of Minnesota.

6. Clause details

You will find that there are some clauses that are included within this solicitation that may not pertain to a follow on contract. For instance –

The following clauses will not apply to those contracts whose dollar value (base year plus option years) will be $500,000.00 or less.

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

The following clauses will not apply to those contracts whose dollar value (base year plus option years) will be $650,000.00 or less.

52.219-9 Alt. II, Small Business Subcontracting Plan - Alternate II

52.219-16, Liquidated Damages-Subcontracting Plan

252.219-7003, Small Business Subcontracting Plan (DoD Contracts)

7. Government Registration

The successful offerors must be registered in the System for Award Management (SAM) database prior to submitting invoices. Firms can register via the SAM internet site at http://www.sam.gov or by contacting the Federal Service Desk at 1-866-606-8220. The solicitation will be available only from the Federal Business Opportunities (FedBizOpps) website on-line at https://www.fbo.gov/. Awardees will be required to register inWide Area Work Flow (https://wawf.eb.mil) in order to receive contract payments. These are NO COST registrations.

8. Service Contract Act During the services performed for the resulting contracts, vendors must ensure they are following the applicable Wage Determinations as found at http://www.wdol.gov/sca. There are three applicable Wage Determinations for this solicitation; 2005-2289, 2005-2287 and 2005-2285. Note – The Service Contract Act does not apply to professionals performing the dental services.

9. Additional Information If you are still interested in submitting a bid, please also fill out 52.209-7, 52.212-3, 252.212-7000 and 252.225-7000, as applicable, listed in this Solicitation.

Dental Services

FFP

Base Year: Upon contract award - 30 Sep 13

All services provided will be in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

Contractor Manpower Reporting

FFP

Base Year

Contractor's cost to comply with the mandatory manpower reporting requirement. Instructions are included after the SOW.

NET AMT

FFP

Option Year One: 1 Oct 13 - 30 Sep 14

All services provided will be in accordance with the Statement of Work.

NET AMT

FFP

Option Year One

Contractor's cost to comply with the mandatory manpower reporting requirement.

NET AMT

FFP

Option Year Two: 1 Oct 14 - 30 Sep 15

NET AMT

FFP

Option Year Two

NET AMT

FFP

Option Year Three: 1 Oct 15 - 30 Sep 16

NET AMT

FFP

Option Year Three

NET AMT

FFP

Option Year Four: 1 Oct 16 - 30 Sep 17

NET AMT

FFP

Option Year Four

NET AMT

DELIVERY INFORMATION

30-SEP-2013

JASON WILLIAMS

8180 BELDEN BOULEVARD

COTTAGE GROVE MN 55016

651-268-8678

30-SEP-2013

30-SEP-2014

30-SEP-2014

30-SEP-2015

30-SEP-2015

30-SEP-2016

30-SEP-2016

30-SEP-2017

30-SEP-2017

STATEMENT OF WORK

FOR

MINNESOTA ARMY NATIONAL GUARD DENTAL SERVICES

1. DESCRIPTION OF SERVICES. The contractor shall provide all management, labor, material, equipment, certifications and supplies necessary to provide dental services for the MN Army National Guard (ARNG). These services will be performed at the contractor’s place of business during their normal business hours. These services shall include, but are not limited to, mandated dental examinations, radiographic studies, and Class 2 and 3 dental treatment necessary to meet Department of the Army standards to meet medical readiness and deployability standards to ensure mission capability of the MN ARNG.

1.1. Background. Individual Medial Readiness (IMR) and sustainment of Medical Readiness Classification are the basic principles of force-sustainment for Army National Guard (ARNG) forces. Dental health is vital for force health protection; failure to achieve a standard level of dental health could preclude a Soldier from deploying. DoD established a uniform dental classification which is listed in Appendix A. DoD policy requires dental screening examinations and remediation to be accomplished and documented on 90%+ of service members. Members of the MN ARNG receive an annual dental screening examination to determine their dental classification. As a result, dental treatment may be required. The selected dental provider(s) will ensure that dental treatments/repairs are completed based on the supported procedures list found in Appendix B.

1.2. Basic Services. The contractor(s) shall provide customized comprehensive dental services including, but not limited to: diagnostic, restorative, endodontic, periodontal, prosthodontic, oral surgery and orthodontic, as well as clinically indicated radiologic studies for eligible Soldiers. Eligible Soldiers are identified by the MNARNG, Office of the State Surgeon (OSS). Dental treatment that may be authorized, and would be performed under this contract, is outlined in Appendix B. These services will be completed at the contractor’s place of business by using contractor provided equipment. The contractor shall also ensure the requirements of the Federal Occupational Safety and Health Administration (OSHA), Health Information Portability and Accountability Act (HIPAA), Privacy Act, American Dental Association (ADA) and other applicable Federal and State regulations are met.

1.3. Pre-Authorization. Before commencement of services, the contractor is required to receive pre-authorization from the MN ARNG OSS for any and all services to be performed on a Soldier. Examinations, bitewings and panographs will be written expressly for and addressed to the contractor on an Exam Pre-Authorization Memorandum, with a control number, signed by the MN ARNG Deputy State Surgeon or appropriate designee. Contractor shall submit a treatment plan with estimates on an ADA claim form to the MN ARNG OSS for review and acceptance. Treatment authorized by the MN ARNG OSS will be written expressly for and addressed to the contractor on a Treatment Authorization Memorandum signed by the MN ARNG Deputy State Surgeon or appropriate designee.

1.4. Unauthorized Services. Services that are agreed to be performed by the Soldier and not authorized by the MN ARNG OSS are done at the Soldier’s expense. The Dentist’s office is responsible for clearly informing the Soldier what expenses the Soldier would be responsible for if unauthorized services are performed.

1.5. Deliverables and Invoicing. Upon completion of services, medical information will be documented on a Department of Defense (DD) Form 2813 and provided to the MN ARNG OSS. The contractor will invoice for services on a monthly basis via Wide Area Work Flow (WAWF) after services have been performed. WAWF instructions and contact information are provided for within the contract.

2. GENERAL INFORMATION.

2.1. Quality Control. The contractor shall adopt a quality assurance program that monitors all service activities and ensures the highest quality dental services available.

2.2. Government Remedies. The contracting officer shall follow the requirements of paragraph (a) of FAR 52.212-4, Contract Terms and Conditions for Commercial Items (May 1997), for contractor’s failure to correct nonconforming services.

2.3. Special Qualifications. Dental services shall be performed by professionals licensed in the State of Minnesota. Contractor must maintain appropriate credentialing files on all employees.

3. PERIOD OF PERFORMANCE.

The overall period of performance for this contract is one (1) Base Year and four (4) one year option periods for a maximum of five (5) years.

4. APPENDICES.

A. Dental Classification

B. Guidelines for Authorized and Non-Authorized Dental Treatment

C. DD Form 2813

APPENDIX A

Department of Defense

Oral Health and Readiness Classification System

The oral health status of uniformed personnel shall be classified as follows:

A. Class 1: (Oral Health): Patients with a current dental examination, who do not require dental treatment or reevaluation. Class 1 patients are worldwide deployable.

B. Class 2: Patients with a current dental examination, which require non-urgent dental treatment or reevaluation for oral conditions, which are unlikely to result in dental emergencies within 12 months. Class 2 patients are worldwide deployable. Patients in dental Class 2 may exhibit the following:

(1) Treatment or follow-up indicated for dental caries or minor defective restorations that can be maintained by the patient.

(2) Interim restorations or prosthesis that can be maintained for a 12 month period. This includes teeth that have been restored with permanent restorative materials for which protective cuspal coverage is indicated.

(3) Edentulous areas requiring prostheses but not on an immediate basis.

(4) Periodotium that:

(a) requires oral prophylaxis

(b) requires maintenance therapy

(c) requires treatment for slight to moderate periodontitis and stable cases of more advanced periodontitis

(5) Unerupted partially erupted or malposed teeth that are without historical, clinical or radiographic signs or symptoms of pathosis, but which are recommended for prophylactic removal.

(6) Active orthodontic treatment. The provider should consider placing the patient in passive appliances for deployment up to six months. For longer periods of deployment, the provider should consider removing active appliances and placing the patient in passive retention.

(7) Temporomandibular disorder patients in remission. The provider anticipates the patient can perform duties while deployed without ongoing care and any medications or appliances required for maintenance will not interfere with duties.

C. Class 3: Patients who require urgent or emergent dental treatment. Class 3 patients normally are not considered to be worldwide deployable.

(1) Treatment or follow-up indicated for dental caries, symptomatic tooth fracture or defective restorations that cannot be maintained by the patient.

(2) Interim restorations or prostheses that cannot be maintained for a 12 month period.

(3) Patients requiring treatment for the following periodontal conditions that may result in dental emergencies within the next 12 months.

(a) Edentulous areas or teeth requiring immediate prosthodontic treatment for adequate mastication or communication or acceptable esthetics.

(b) Active progressive moderate or advanced periodontitis.

(c) Periodontontal abscess

(d) Progressive mucogingival condition

(e) Periodontal manifestations of systemic disease or hormonal disturbances

(f) Heavy subgingival calculus

(4) Edentulous areas or teeth requiring immediate prosthodontic treatment for adequate mastication or communication or acceptable esthetics.

(5) Unerupted, partially erupted or malposed teeth with historical, clinical or radiographic signs or symptoms of pathosis that are recommended for removal.

(6) Chronic oral infections or other pathologic lesions including:

(a) Pulpal, periapical or resorptive pathology requiring treatment.

(b) Lesions requiring biopsy or awaiting biopsy report.

(7) Emergency situations requiring therapy to relieve pain, treat trauma, treat acute oral infections or provide timely follow-up care (e.g., drain or suture removal until resolved.

(8) Acute Temporomandibular disorders requiring active treatment that may interfere with duties.

D. Class 4: Patients who require periodic dental examinations or patients with unknown dental classifications. Class 4 patients normally are not considered to be worldwide deployable.

APPENDIX B

GUIDELINES FOR DENTAL TREATMENT

1. The following dental procedures may be authorized with a pre-approval memo:

a) Diagnostic Services:

D0120-Periodic Oral Evaluation

D0150-Comprehensive Oral Evaluation

D0330-Panoramic Film

D0272-Bitewings-Two Films

D0274-Bitewings-Four Films

D0220/D0230-Periapical (limited)

b) Restorative 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

D2332-Composite-Three Surfaces

Posterior composites will be authorized only when a posterior composite is necessary to provide a quality restoration and no other alternative is available.

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

c) Endodontic Services:

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

d) Periodontal Services:

D4355-Full Mouth Debridement

D4342-Periodontal Scaling and Root Planing, 1 to 3 teeth per quadrant

(Periodontal scaling and root planing is authorized only when a periodontal abscess is present)

e) Prosthodontic Services:

D5110-Complete Denture-Maxillary

D5120-Complete Denture-Mandibular

D5211-Maxillary Partial Denture-Resin Base

D5212-Mandibular Partial Denture-Resin Base

f) Oral Surgery Services:

D7140-Extraction, Erupted Tooth or Exposed Root

D7210-Surgical Removal of Erupted Tooth

D7220-Romoval of Impacted Tooth, Soft Tissue

D7230-Removal of Impacted Tooth, Partial Bony

D7240-Removal of Impacted Tooth, Completely Bony

g) Orthodontic Services:

D8680-Orthodontic Retention

2. The following dental procedures will NOT be authorized:

Bridges and/or implants

Removal of Asymptomatic third molars

Routine Prophylaxes (cleanings)

Restorations for aesthetics only

Restorations for small (non-class 3) caries

Extensive Root plane/scaling

Osseous Surgery

Other diagnostic services

The above listings are guides to assist the State Dental Officer or his/her designee in determining treatment to be authorized. The treatment preauthorized by the MN ARNG intends to upgrade the Soldier’s Dental Readiness Classification from a Class 3 to Class 1 or Class 2.

3. If a Soldier needs all of his/her remaining teeth in an arch extracted and a denture placed, the Soldier will not be available for deployment for at least 6 months and shall be disqualified from immediate deployment. However, if the Soldier is otherwise deployable (passes all medical, personnel and training requirements) and, after extraction and placement of prosthesis, would be deployable, the dental treatment could be provided and the Soldier could be considered as a replacement at a later date.

4. If a Soldier will have a number of teeth extracted to the extent mastication and speech are adversely affected, then an acrylic removable partial denture will be authorized if there is sufficient time for healing and construction of the partial denture prior to departure to Mobilization Station.

5. Soldiers requiring extensive periodontal treatment will be disqualified from deployment and educated on the TRICARE Dental Program. If he/she obtains the required therapy (from his/her private dental provider) and reaches a maintenance level, then he/she would become deployable.

6. The MN ARNG currently does not authorize crowns. Core buildups are allowed rather than crowns. Crowns are seen as a permanent fix and the goal of this program is to fix the teeth for the next 12 months and make the Soldier deployable.

7. Resin Composites are only authorized for the front teeth. 6-11 and 22-27. Dentists can do resins on teeth other than the front but the amount that is authorized for payment will be at the amalgam/surface rate only.

APPENDIX C

Figure 1: DD FORM 2813

Service Delivery Summary Worksheet: Dental Services

Objective: Provide off-site pre-approved dental services for the Minnesota National Guard on a case by case basis to eligible Soldiers. Services will be performed during the contractor’s normal business hours.

Spot Check or Inspection

Customer Complaint

· Treatment Plans are submitted within 5 days of initial visit.

Government Quality Assurance Plan (QAP):

In your role as Contracting Officers Representative (COR), you assume some Quality Assurance duties. You will monitor contractor performance, complete and sign the Quality Assurance Worksheet provided below at least monthly, but you can submit the worksheet more frequently if needed. This worksheet allows you to document compliance with the Contract and fill a regulatory requirement to ensure adequate oversight is being performed.

Quality Assurance Plan Worksheets are to be sent directly to the Contracting Officer (CO), not later than the 5th day of the month following the service (every month). At a minimum, the COR must send a completed copy of the worksheet to the CO after the first month of service and for any months where there is a rating other than Green. The CO will assume a quality performance rating of “Green” on all measured deliverables unless otherwise notified.

The quality rating may change from “Green” to “Red” without notice, however we encourage the COR to utilize the “Yellow” quality rating to alert the CO of quality issues that have the potential for a “Red” quality rating if corrective action is not taken.

Any time the rating is less than Green the COR shall clearly document the worksheet to indicate what did or did not occur per the PWS requirement. When an observation indicates other than a “Green” rating, the COR will require the Contractor to initial the observation. Initialing the observation does not constitute concurrence with the observation; it only acknowledges that they have been made aware of the defective performance. If the Contractor’s response to an identified quality deficiency is unsatisfactory, the Contracting Officer will contact the Contractor to implement a plan of action to remedy the identified deficiency.

The COR referred to in this QAP is: MSG Christopher Bassett, 651-268-8841, christopher.bassett@us.army.mil

The Customer must identify what component of the deliverable and/or service requires attention.

The Customer must identify what component of the deliverable and/or service is below the minimum AQL.

RECEIVERS - DENTAL QUALITY ASSURANCE PLAN WORKSHEET

Performance Rating

Contractor provides qualified personnel to conduct all required Dental Services

Yellow

Red

Contractor completes Dental Exams and provides Treatment Plan

Yellow

Red

Contractor completes dental treatment

Yellow

Red

Contractor completes required paperwork & final reporting

Yellow

Red

Signed ____________________________________________ Dated ______________________________ Manpower Reporting Requirement 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://contractormanpower.army.pentagon.mil. The required information includes:

1) Contracting Office, Contracting Officer (Mrs. Colleen Dalquist), Contracting Officer’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 the data.

5) Estimated direct labor hours (including sub-contractor).

6) Estimated direct labor dollar 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 predominant FSC code for subcontractor if different). FSC for Dental Services is Q503

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). UIC is W8AEAA

10) Locations where contractor and sub-contractor 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 contingency contract language. None

12) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country).

13) 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.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(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 or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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.

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 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 its stock is owned by one or more women; or

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

"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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations 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 (n) 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 on ORCA.]

(c) Offerors must complete…