W91YTZ-17-T-0060_21_Dec_2016_Analyzers_Lease_and_Reagents.pdf

Analyzer(s) Lease and Reagents

Solicitation Number: W91YTZ-17-T-0060

Post Date: 12/21/2016

Response Date: 01/19/2017, 11:59 pm EST

Set Aside: Full and Open

Contracting Office Address: Regional Health Contracting Office-Atlantic, ATTN: RHCO-A -

Gordon Health Contracting Cell, 43 Central Hospital Court, Building 332, Fort Gordon, GA

30905, POCs: Gloria F. Brogsdale, Contracting Officer and Pamela W. Owens, Contract

Specialist.

Description:

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.

The solicitation number is W91YTZ-17-T-0060. This acquisition is issued as a Request for

Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-92 effective December 19, 2016. The

North American Industry Classification System (NAICS) Code for this procurement is:

325413. Small Business Size Standard is 1250 employees. This requirement is unrestricted. The U.S. Army Medical Command, Dwight D. Eisenhower Army Medical

Center, Fort Gordon, Georgia has a requirement for the following (please quote for all or none):

CLIN 0001: Base period no cost LEASE of two new Phadia 250 Immuno-analyzers brand name or equal, in accordance with the Performance Work Statement (PWS) at Dwight D.

Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Vendor is responsible for all service, maintenance or replacements to ensure equipment is operational.

Period of Performance: January 27, 2017 –September 30, 2017. Quantity: 2

Unit of Issue: 1 each Total price: ______________________

CLIN 0002: Delivery of Base period reagents, at a cost per test rate for 99,750 total tests, in accordance with the Performance Work Statement (PWS) and Contractor price list at Exhibit 1 of the PWS. Delivery to: Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia

30905-5650. Period of Performance: January 27, 2017 –September 30, 2017.

Quantity: $

Unit price: 1 Total price: ______________________

CLIN 1001: Option Year One no cost LEASE of two new Phadia 250 Immuno-analyzers brand name or equal, in accordance with the Performance Work Statement (PWS) at Dwight

D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Vendor is responsible for all service, maintenance or replacements to ensure equipment is operational.

Period of Performance: October 1, 2017 –September 30, 2018. Quantity: 2

Unit price: 1 each Total price: ______________________

CLIN 1002: Delivery of Option Year One reagents, at a cost per test rate for 133,000 total tests, in accordance with the Performance Work Statement (PWS) and Contractor price list at Exhibit 1 of the PWS. Delivery to: Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia

30905-5650.

Period of Performance: October 1, 2017 –September 30, 2018.

Unit price: 1 Total price: ______________________

CLIN 2001: Option Year Two no cost LEASE of two new Phadia 250 Immuno-analyzers

D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Vendor is responsible

Period of Performance: October 1, 2018 –September 30, 2019. Quantity: 2

Unit price: 1 each Total price: ______________________

CLIN 2002: Delivery of Option Year Two reagents, at a cost per test rate for 133,000 total tests, in accordance with the Performance Work Statement (PWS) and Contractor price list at Exhibit 1 of the PWS. Delivery to: Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia

30905-5650. Period of Performance: October 1, 2018 –September 30, 2019.

Unit price: 1 Total price: ______________________

CLIN 3001: Option Year Three no cost LEASE of two new Phadia 250 Immuno-analyzers

D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Vendor is responsible

Period of Performance: October 1, 2019 –September 30, 2020. Quantity: 2

Unit price: 1 each Total price: ______________________

CLIN 3002: : Delivery of Option Year Three reagents, at a cost per test rate for 133,000 total tests, in accordance with the Performance Work Statement (PWS) and Contractor price list at

Exhibit 1 of the PWS. Delivery to: Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Period of Performance: October 1, 2019 –September 30, 2020.

Unit price: 1 Total price: ______________________

CLIN 4001: Option Year Four no cost LEASE of two new Phadia 250 Immuno-analyzers

D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Vendor is responsible

Period of Performance: October 1, 2020 –September 30, 2021. Quantity: 2

Unit price: 1 each Total price: ______________________

CLIN 4002: Delivery of Option Year Four reagents, at a cost per test rate for 133,000 total tests, in accordance with the Performance Work Statement (PWS) and Contractor price list at

Exhibit 1 of the PWS.. Delivery to: Dwight D. Eisenhower Army Medical Center, Fort Gordon, Georgia 30905-5650. Period of Performance: October 1, 2020 –September 30, 2021.

Unit price: 1 Total price: ______________________

Total for base period plus 4 option years: ____________________________

(The Government does not pay sales tax.)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 27 JAN 2017 TO N/A Dwight D. Eisenhower W33XTF

30 SEP 2017 Army Medical Center

Bldg. 300 East Hospital Road

Fort Gordon, GA 30905

0002 POP 27 JAN 2017 TO N/A Dwight D. Eisenhower W33XTF

30 SEP 2017 Army Medical Center

Bldg. 300 East Hospital Road

Fort Gordon, GA 30905

1001 POP 01 OCT 2017 TO N/A Dwight D. Eisenhower W33XTF

30 SEP 2018 Army Medical Center

Bldg. 300 East Hospital Road

Fort Gordon, GA 30905

1002 POP 01 OCT 2017 TO N/A (SAME AS PREVIOUS W33XTF

30 SEP 2018 LOCATION)

2001 POP 01 OCT 2018 TO N/ A (SAME AS PREVIOUS W33XTF

30 SEP 2019 LOCATION)

2002 POP 01 OCT 2018 TO N/ A (SAME AS PREVIOUS W33XTF

30 SEP 2019 LOCATION)

3001 POP 01 OCT 2019 TO N/ A (SAME AS PREVIOUS W33XTF

30 SEP 2020 LOCATION)

3002 POP 01 OCT 2019 TO N/ A (SAME AS PREVIOUS W33XTF

30 SEP 2020 LOCATION)

3001 POP 01 OCT 2020 TO N/ A (SAME AS PREVIOUS W33XTF

30 SEP 2021 LOCATION)

3002 POP 01 OCT 2020 TO N/ A (SAME AS PREVIOUS W33XTF

30 SEP 2021 LOCATION)

This solicitation must be quoted all or none.

To be delivered to: U S Army Medical Command, Dwight D. Eisenhower Army Medical

Center, Department of Pathology, Building 300, East Hospital Road, Fort Gordon, Georgia

30905. FOB Destination.

The provisions at FAR 52.212-1, Instructions to Offerors – Commercial Items (Oct 2015) apply to this acquisition.

The following is incorporated as an Addendum to 52.212-1:

(m) Offerers must submit quote by EMAIL ONLY to Ms. Gloria F. Brogsdale at email:

Gloria.f.brogsdale.civ@mail.mil and Pamela Owens at email:

pamela.w.owens.civ@mail.mil.by 11:59 pm, EST, January 19, 2017. Offeror quotes shall not expire within 30 days of close date of solicitation. Quotes received after the submission deadline will be considered untimely and will not be considered for award.

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

(o) Offer shall clearly identify each part of their quote, as follows:

mailto:Gloria.f.brogsdale.civ@mail.mil mailto:pamela.w.owens.civ@mail.mil

(Insert Title Page Here)

Administrative:

a. Request for Quote. Offeror shall complete representations from FAR 52.209-2, 52.209-5, 52.209-7, 52.209-11 and 52.209-12. Offeror shall submit a completed copy of FAR 52.21-3, Representations and Certifications – Commercial Items. If the offeror has completed the Online

Representation and Certifications Application (ORCA) at https://www.uscontractorregistration.com/ the offeror shall indicate such on the FAR Clause.

DFARS 252.212-7000, Offeror Representation and Certifications-Commercial Items.

b. All offerors must be registered in the System for Award Management (SAM) prior to award, and lack of registration shall make an offer ineligible for award.

Pricing:

a. Pricing for Requirement. The offeror shall submit quote pricing for all applicable Contract

Line Item Number (CLINs) identified on pages 1 to 3 of this solicitation; and total offered price for the base period and all option years.

b. Offeror must price each test/reagents listed in Exhibit 1. An estimated quantity for the period of performance has been included to assist with pricing. Please price all items to include “unit price,” “total price,” and “Grand Total.” If prices are different for each option year please include

Exhibit 1 price list for each option year or indicate that pricing will remain the same for each option year.

c. If no cost is associated with a CLIN simply input $0 or No Cost.

Technical:

a. Offeror must be able to provide all the tests listed in this solicitation, and clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

b. Offeror must be able to provide the lease of requested analyzers listed in the solicitation.

Please clearly describe any modification the offeror plans to make if not conforming to solicitation requirements. If an "Equal" product is being proposed, a full product description, make and model shall be submitted with sufficient technical detail to allow the Government to determine the item to be at least equal to the brand name items listed in the solicitation. Offers without this information cannot be evaluated and the quote will be determined to be non-responsive.

Past Performance:

a. Past performance questionnaire(s) located at Addendum 52.212-2 submitted from three current or prior customers will be used to evaluate past performance. Customers must submit completed https://www.uscontractorregistration.com/ past performance questionnaires by close date of the solicitation to the email addresses identified on the questionnaire. Other Government resources such as PPIRS/CPARS will also be utilized to evaluate past performance.

(p) Point of Contacts (POCs) for Questions: Questions may be submitted by email only. The

Contracting Officer and Contract Specialist are the sole points of contact for this procurement.

Questions regarding this solicitation are to be submitted electronically to the Contracting Officer, Gloria Brogsdale at Gloria.f.brogsdale.civ@mail.mil, and Contract Specialist, Pamela Owens at pamela.w.owens.civ@mail.mil and no later than 12:00 noon EST on December 29, 2016. Reply to questions will be provided no later than January 5, 2016.

(q) Protests received at a level higher than the Contracting Officer will be referred to the

Contracting Officer. Protestor may request a review by the Contracting Officer or an independent review at a level higher than the Contracting Officer. Requests for appeals or independent review will be addressed to the Contracting Officer for referral to the review authority. Questions on this process will be referred to the Contracting Officer identified in the solicitation.

(r) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and MEDCOM provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained.

The following provisions apply to this solicitation and are incorporated by reference:

52.203-2 Certificate of Independent Price Determination (Apr 1985)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2007)

52.204-5 Women-owned Business Other Than Small Business (Oct 2014)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2015)

52.211-6 Brand Name or Equal (Aug 1999)

52.214-34 Submission of Offers in the English Language (April 1991)

52222-22 Previous Contracts and Compliance Reports (Feb 1999)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)

52.223-1 Biobased Product Certification (May 2012)

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran Rerepresentation and Certification (Oct 2015)

The following provisions are incorporated in full text:

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The

Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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 factor shall be used to evaluate offers:

See Addendum 52.212-2

(b) 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.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base period. 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). (End of provision)

Addendum to 52.212-2 (LC5005) (LPTA)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror with 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 proposals:

Technical, Price and Past Performance:

1. Technical: Must be able to provide all the below items:

a. Must provide all tests and quantities listed in the solicitation (Exhibit 1).

b. Must provide no cost lease of analyzers listed in the solicitation.

c. “Equal” products must meet the salient characteristics as described in the PWS in paragraphs 1.1.2 and 1.1.3.

These parts of the technical proposal shall be addressed in sufficient written detail for the

Government to determine if the offeror possesses sufficient technical to provide the equipment and supplies listed in the solicitation. This factor will be rated as either “acceptable” or

“unacceptable.” Any proposal receiving an “unacceptable” rating in (a), (b) or (c) above will receive an overall “unacceptable” technical rating. Proposals receiving an “unacceptable” technical rating will not be evaluated any further and are ineligible for award. The adjectival rating for Technical are as follows:

Acceptable Rating – Proposal meets the requirements of the solicitation.

Unacceptable Rating- Proposal does not meet the requirements of the solicitation.

2. Price: Price will be evaluated using various price analysis techniques and procedures including, but not limited to, comparison of proposed prices received in response to this RFQ with a comparison to the Independent Government Estimate (IGE). Price must be determined to be “fair and reasonable.” Offer pricing for the base period and all option years will be included in the determination of price reasonableness for award.

a. Options. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Governement to exercise the option(s).

3. Past performance will be obtained from questionnaire tailored to the circumstances of the acquisition and any source available to the Government.

a. Offerors shall complete applicable sections of the attached Past Performance

Questionnaire for three current or past performance contracted requirements and forward questionnaire to current or former customers for like items and ensure responses are emailed on or before the close date of this solicitation.

b. Past performance information may be obtained from any other source available to the

Government, to include Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity System (FAPIIS) or other databases; and may be obtained from other sources available to the Government, such as Defense

Contract Management Agency; interviews with Program Managers, Contracting

Officers, etc.

Past performance will be rated as either “acceptable” or “unacceptable.”

Acceptable Rating – Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Rating – Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

(b) Quotes must be submitted NLT 19 January 2017 at 11:59 pm EST by email to

Gloria.f.brogsdale.civ@mail.mil and pamela.w.owens.civ@mail.mil

(c) Evaluation Process: All proposals will be evaluated on overall technical acceptability. The award will be based on lowest price technically acceptable proposal.

(End of provision)

PAST PERFORMANCE QUESTIONNAIRE

When filled in, this document is source selection sensitive information IAW FAR 2.101 and

3.104.

Offeror: Complete SECTION 1, and send a questionnaire to the primary customer point of contact (POC) listed on the Past Performance Information Sheet who is identified as the most familiar with the performance of the effort on the contract.

Primary Customer POC: Complete SECTIONS 2-5

Please complete this questionnaire. Handwritten responses are sufficient. If you need more space, please attach additional pages.

SECTION 1: CONTRACTOR IDENTIFICATION

SOLICITATION NUMBER: __ ____________________________

A. Contractor ___________________________________

B. Contractor Performed as ___ Prime Contractor ___ Subcontractor ___Other (specify)

C. Description of Contract:

D. Period of Performance:

E. Contract Number:

F. Contract Type:

G. Was this a Competitive Contract? ____Yes _____No

H. Initial Cost ($): _______________________________________

I. Current/Final Contract Cost ($): _________________________

J. Reasons for difference between initial contract cost and final contract costs (enter below):

SECTION 2: CUSTOMER OR AGENCY IDENTIFICATION

A. Customer or Agency Name: ____________________________________________

B. Customer or Agency Description (if applicable): _____________________________

C. Location of Contracted Delivery: _________________________________________

D. Description of Requirement: ____________________________________________

E. Agency for this contract requirement (choose as many as apply):

Department of Defense medical (Air Force, Army, Navy, TMA, OSD/HA)

Other Federal Agency (Provide agency name if different from above)

Medical (e.g., hospital, laboratory, or health operations) Please describe below

Non-medical

Please explain below: __________________________________________________

SECTION 3: EVALUATOR IDENTIFICATION

A. Evaluator’s Name: __________________________________________________

B. Evaluator’s Title: ___________________________________________________

C. Evaluator’s Phone/Fax Number: _______________________________________

D. Evaluator’s email address: ___________________________________________

E. Number of Years Evaluator worked on the Contract: ______________________

SECTION 4: EVALUATION

Please confirm that your evaluation is consistent with the requirement provided in Section 2, Paragraph D, Description of Services. Indicate you level of satisfaction with each component of the Contractor’s performance by circling. Please note that Contractors may be given an opportunity to respond to any ratings less than Green/Satisfactory and any negative comments.

Indicate your satisfaction with the overall evaluation using the scale provided below and to the right if each question. Scale is defined as follows.

CODE PERFORMANCE LEVEL

E (Blue) EXCEPTIONAL – The Contractor’s performance meets contractual requirements and exceeds may (requirements) to the Government’s benefit.

The contractual performance was accomplished with few minor problems for which corrective actions taken by the Contractor were highly effective.

V (Purple) VERY GOOD – The Contractor’s performance meets contractual requirements and exceeds some (requirements) to the Government’s benefit.

The contractual performance was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

S (Green) SATISFACTORY – The Contractor’s performance meets contractual requirements. The contractual performance contained some minor problems for which corrective actions taken by the Contractor appear or was satisfactory.

M (Yellow) MARGINAL – Performance does not meet some contractual requirements.

The contractual performance reflects a serious problem for which the

Contractor has not yet identified corrective actions or the Contractor’s proposed actions appear only marginally effective or were not fully implemented.

U (Red) UNSATISFACTORY – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains serious problem(s) for which the Contractor’s corrective actions appear or were ineffective.

N (White) NOT APPLICABLE – Unable to provide a score.

THE PRIME CONTRACTOR:

Had effective business agreements resulting in seamless performance when teaming partners/subcontractors were used.

E V S M U N

Timely deliverables? E V S M U N

Effectively led, managed and controlled the contract and met performance objectives?

E V S M U N

Equipment maintained to operational capacity greater than 95% of the time?

E V S M U N

Response time for repairs and maintenance within 24 hours? E V S M U N

Replacements timely with minimal downtime. E V S M U N

Response to problems and took appropriate action to correct delivery/performance issues?

E V S M U N

Overall rating for contract deliverables E V S M U N

Overall rating for maintaining leased equipment/replacements E V S M U N

For the overall ratings, if you indicated E (Blue/Exceptional) or V (Purple/Very Good) describe specifically how the Contractor exceeded contract requirements to the Government’s benefit. If you indicated M (Yellow/Marginal) or U (Red/Unsatisfactory) describe specifically how the

Contractor did not meet requirements. Use additional sheets if necessary. ________________

Government Contracts Only: Has/was this contract been partially or completely terminated for default, convenience or are there any pending terminations?

Yes____ No____ Default____ Convenience____ Pending Terminations____

If yes, please explain below (e.g., inability to meet cost, performance, or delivery schedules, etc)

SECTION 5: NARRATIVE SUMMARY

What were the Contractor’s most positive aspects in the performance of the contract? _______

What were the Contractor’s most negative aspects in the performance of the contract? ______

Would you have any reservations about soliciting this Contractor in the future or having them perform one requirements for delivery of cost per test reagents and an analyzer lease agreement for a base period plus 4 option years? ____________________________________

Please provide any additional comments concerning this Contractor’s performance, as desired.

Evaluator’s Signature Date

Please scan and email completed questionnaire to: Gloria.f.brogsdale.civ@mail.mil and pamela.w.owens.civ@mail.mil on or before 11:59pm EST, January 19, 2017.

(End of Past Performance Questionnaire)

(End of Addendum to 52.212-2)

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.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(a)

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

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

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

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-

7, if included in this solicitation); and

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

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds

$3,500 for which the liability remains unsatisfied.

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

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of

Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy

Code).

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

(2) “Principal,” for the purposes of this certification, means an officer; director; owner;

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent

Certification May Render the Maker Subject to Prosecution Under Section

1001, Title 18, United States Code.

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

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

Contracting Officer may render the Offeror nonresponsible.

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

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

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

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

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

and

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

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

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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 https://www.acquisition.gov/

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

(End of provision)

52.209-12 Certification Regarding Tax Matters (Feb 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including option), the Offeror shall certify that, to the best of its knowledge and belief, it—

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of

1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid

Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of provision)

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include --

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple

Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current

Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of Provision)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)

52.222-25 Affirmative Action Compliance Reports (Apr 1984)

The offeror represents that --

(a) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of Provision)

52.233-2 Service of Protests (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________.

[Contracting Officer designate the official or location where a protest may be served on the

Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998), This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far or www.dtic.mil/dfars or www.farsite/hill.af.mil. (End of Provision)

52.252-5 Authorized Deviations in Provisions (Apr 1984).

(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 DoD FAR 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)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

252.203-7996 Prohibition on Contracting with Entities That Require Certain Internal

Confidentiality Agreements-Representations (Deviation 2016-O0003 (Oct 2015)

252.203-7997 Prohibition on Contracting with Entities That Require Certain Internal

Confidentiality Agreements (Deviation 2016-O0003) (Oct 2015)

252.204-7004 Alternate A, System of Award Management (Feb 2014)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Deviation

2016-O0001) (Oct 2015)

252.204-7011 Alternative Line-Item Structure (Sep 2011)

252.215-7007 Notice of Intent to Resolicit (Jun 2012)

252.215-7008 Only One Offer (Oct 2013)

252.219-7000 Advancing Small Business Growth (May 2015)

252.222-7007 Representation Regarding Combat Trafficking in Persons (Jan 2015)

252.225-7020 Trade Agreements Certificate (Nov 2014)

252.225-7050 Disclosure of Ownership or control by the Government of a Country that is a State

Sponsor of Terrorism (Oct 2015)

252.247-7022 Representation of Extent of Transportation by Sea (Aug 1992)

LC 5012 Supplier Self-Service Pilot (Deviation 2016-A00001) (Nov 2015)

52.212-3 Offeror Representations and Certifications – Commercial Items (Oct 2016) Alternate I

(Mar 2015) http://www.arnet.gov/far http://www.dtic.mil/dfars http://www.farsite/hill.af.mil

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Oct 2016)

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 (s) of this provision.

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

“Civil judgment” means--

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

“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.

“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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20016 http://www.sam.gov/portal

“Inverted domestic corporation,” means a foreign incorporated entity that…