SOLICITATION NOTICE
74 -- CHARTING SYSTEM
- Notice Date
- 8/14/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541511
— Custom Computer Programming Services
- Contracting Office
- Department of the Army, U.S. Army Medical Command, Southeast Regional Contracting Office, ATTN: MCAA SE BLDG 39706, 39706 40th Street, Fort Gordon, Georgia, 30905-5650
- ZIP Code
- 30905-5650
- Solicitation Number
- W81K0013R0064
- Archive Date
- 9/14/2013
- Point of Contact
- Valerie DeVeaux, Phone: 7067878438
- E-Mail Address
-
valerie.j.deveaux.civ@mail.mil
(valerie.j.deveaux.civ@mail.mil)
- Small Business Set-Aside
- N/A
- Description
- The solicitation number W81K00-13-R-0064 for purchase request GFEBS 0010344752 is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69. The associated North American Industrial Classification System (NAICS) code for this procurement is 541511. Size standard is $25.5M. This RFQ is being issued as Firm Fixed Price, UNRESTRICTED. All responsible sources may submit a quotation which shall be considered by the agency. Responses due date: AUGUST 30, 2013. The requirements of this solicitation is for T System and T Sheets for Physicians and Nurses Charting System for Winn Army Community Hospital, Fort Stewart, GA. 6Performance Period: 1 October 2013 through 30 September 2016. Item No. 0001 Physician and Nurse Charting System at Winn Army Community Hospital, Ft Stewart, GA. Contractor to provide two forms of in-house reproduction capabilities; software that can print the template stock and allows for reproduction utilizing reproduction capabilities within Winn Army Community Hospital facility for stocking of the templates in accordance with Contract Performanct Work Statement (PWS). Period of Performance 1 October 2013 to 30 September 2014. Item No. 0001AA T System Service for Physicians use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Item No. 0001AB T System Service for Nurses use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Item No. 0002 Contract Manpower Reporting (CMR). Provide annual CMR report to include the man-hours that will be required to complete this report by 31 October of the Government fiscal year. Reporting period will be for the period of performance not to exceed 12 months ending 30 September of each Government fiscal year. This report must be completed by 31 October of each calendar year. It is the contractor's responsibility to read the CMR Reporting Clause attached to this solicitation. QTY: 1 EACH Unit Price: $______________ Total Amount: $__________ Grand Total Base Period: _____________________ Item No. 1001 Physician and Nurse Charting System at Winn Army Community Hospital, Ft Stewart, GA. Contractor to provide two forms of in-house reproduction capabilities; software that can print the template stock and allows for reproduction utilizing reproduction capabilities within Winn Army Community Hospital facility for stocking of the templates in accordance with Contract Performanct Work Statement (PWS). Period of Performance 1 October 2014 to 30 September 2015. Item No. 1001AA T System Service for Physicians use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Item No. 1001AB T System Service for Nurses use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Grand Total Option Year 1: _____________________ Item No. 2001 Physician and Nurse Charting System at Winn Army Community Hospital, Ft Stewart, GA. Contractor to provide two forms of in-house reproduction capabilities; software that can print the template stock and allows for reproduction utilizing reproduction capabilities within Winn Army Community Hospital facility for stocking of the templates in accordance with Contract Performanct Work Statement (PWS). Period of Performance 1 October 2015 to 30 September 2016. Item No. 2001AA T System Service for Physicians use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Item No. 2001AB T System Service for Nurses use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Grand Total Option Year 2: _____________________ Item No. 3001 Physician and Nurse Charting System at Winn Army Community Hospital, Ft Stewart, GA. Contractor to provide two forms of in-house reproduction capabilities; software that can print the template stock and allows for reproduction utilizing reproduction capabilities within Winn Army Community Hospital facility for stocking of the templates in accordance with Contract Performanct Work Statement (PWS). Period of Performance 1 October 2015 to 30 September 2017. Item No. 3001AA T System Service for Physicians use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Item No. 3001AB T System Service for Nurses use in Emergency Dept & Urgent Care Ctr for Winn Army Community Hospital, Ft Stewart, GA. Service to include: Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses, training for physician nurses and coders. Services to be performed IAW Performance Work Statement (PWS). QTY: 12 Months; Unit Price: $__________ Total Amount: $___________ Grand Total Option Year 3: _____________________ Total Contract Value: _____________________ Place of Performance: Winn Army Community Hospital 1061 Harmon Ave Fort Stewart, GA 31314 UNITED STATES SALIENT CHARACTERISTICS Software must print template stock. Must have utilizing reproduction capabilities. Must provide full web access to all of the 121 ED Patient Physician and Nursing Templates for full editability 24 hours a day, 7 days per week at no additional cost. Must provide Training for Physicians Nurses and Coders on the template system. Must provide training for Physician Nurses and Coders on proper completion of the templates in guidance with Centers for Medicare and Medicaid Services (CMS) regulations. Templates must have graphical depictions of the general trauma/illness area of the human anatomy. Must utilize same format and criteria that is currently utilized using T-system Doctor. Must include aspect of triage and vitals and specific to but not limited to minor and major trauma patients to general patient care. Must provide a shelving unit with wheels for easily relocating unit within the Emergency Room. Unit must be capable of holding 28 each of up to 28 different types of templates. Must provide ongoing support for all related materials, training, new template development, adjustment of template content. Must provide general trouble-shooting to meet current standard based on T-system Templates that are utilized in WACH, Emergency Department. PERFORMANCE WORK STATEMENT 1. General Information: 1.1 The contractor shall provide two forms of in-house reproduction Capabilities; 1) software that can print the template stock and 2) allows for reproduction utilizing reproduction capabilities within WACH facility for stocking of the templates. These shall be updated quarterly by paper versions. The contractor shall continue to provide a template charting system to decreased physician charting times thereby decreasing patient wait times and increasing billable revenue and Relative Value Unit (RVU) for Command while maintain Army, Joint Commission on Accreditation of Healthcare Organizations (JC) and DoD standards. 1.2 All services shall be provided in accordance with established standards, principles and ethics of the profession and applicable professional specialty organizations, The Joint Commission on Accreditation of Healthcare Organizations (JC) standards, applicable Department of Defense (DoD) and Army specific regulations, directives, and policies, and military treatment facilities (MTF) specific policies, procedures, and job descriptions. Contract health care providers (contract personnel) shall give the highest regard to patient dignity and observe the precepts of the American Hospital Association's Bill of Rights for Patients. The Contractor shall provide non-personal services for varied ancillary healthcare specialties in accordance with established principles and ethics of the medical profession, the national standards established by the JC, the professional standards at the medical treatment facility (MTF), and the American Board of applicable specialty. The Contractor shall be held accountable for compliance to the standards listed in the Comprehensive Accreditation Manual for Hospitals (CAMH) dated 02 Sep 2006 or current version. 1.3 The Contractor shall provide services in conjunction with other non-contract providers to include physicians, nurse practitioners, physician assistants, registered and licensed practical nurses, and support personnel. All contract employees shall perform essentially the same functions, within the scope of acceptable practice for the specific specialty or position, as those required by Army or Government service health care professionals of similar experience and in similar duty assignments. The scope of services provided in military treatment facilities cover the same range of services as those that are provided in civilian treatment facilities of similar size and scope of services 2.0 Scope of Work. 2.1 The project will include the following: • Templates for all categorical patient presentations to the Emergency Department for both Physicians and Nurses. • Training for Physicians, Nurses and Coders on how to use the template system as well as proper completion of the templates in guidance with Centers for Medicare and Medicaid Services (CMS) regulations. • Specific training for Coders to properly interpret the patient template charts to optimize Current Procedural Terminology (CPT) and International of Classification of Diseases-9th Edition (ICD-9) coding. • Contractor shall provide full web access to all of the 121 ED Patient Physician and Nursing Templates for full editability 24 hours a day, 7 days per week at no additional cost. 2.2 Contractor Responsibilities: 2.2.1 Medical Charting System for Physicians shall include 28 comprehensive templates that will serve as the Physician's record of patient encounters for the Emergency Department at Winn Army Community Hospital. Templates must cover virtually all presenting complaints in a variety of categories to include but not limited to medicine trauma, pediatrics, OB/GYN, Head Trauma, Leg Trauma, Arm Trauma and Multiple Traumas, and more. These templates serve as the Physician's record of the Emergency Department patient encounter. Legible documentation is easy with the use of simple circles and backslashes that allow physicians to clearly and quickly record positive and negative findings. These templates must have graphical depictions of the general trauma/illness area of the human anatomy. Use of current marking system will be utilized by Physician Templates and must utilize same format and criteria that is currently utilized using T-system Doctor, to include aspect of triage and vitals and specific to but not limited to minor and major trauma patients to general patient care. 2.2.2 Provide a shelving unit with wheels for easily relocating unit within the Emergency Room. This unit must be capable of holding 28 each of up to 28 different types of templates. These will be provided as needed for storage of paper media. 2.2.3 Provide ongoing support for all related materials, training, new template development, adjustment of template content, and general trouble-shooting to meet current standard based on T-system Templates that are utilized in WACH, Emergency Department. 3.0 Administrative: 3.1 Contractor Representative. The Contractor shall designate, in writing, a primary point of contact for contract coordination and implementation not later than five business days after receiving notice of contract award. Changes in the primary point of contact (POC), at any time, shall require the Contractor to notify the Contracting Officer (KO) of the new representative at least five working days prior to the change. This notification shall be in writing and shall state the name and contact information for the new point of contact. 3.1.1 The Contracting Officer's Representative (COR) will be the KO's authorized representative in administering the contract at the MTF level. The Contractor's representative shall be available to discuss any problems that the Contractor's personnel may be experiencing during the performance of this contract. Problems experienced by the Government with the Contractor's performance will be discussed and resolved. Unresolved problems will be referred to the KO for resolution. 3.1.2 The Contractor and contract personnel shall abide by all MTF standards, rules, and procedures including requirements for any licensure, credentialing and quality assurance requirements. Such regulations include, but are not limited to, general safety, fire prevention, waste disposal, infection control, JC, and patient safety initiatives 4.0 Definitions: 4.1 Medical Treatment Facility: The medical treatment facility (MTF) includes the medical facility and outlying buildings and/or sections that belong to the medical facility. 4.1.2 Contract Administrator (CA): Contracting Officer of Agency awarding this contract. 4.1.3 Contracting Officer (CO or KO): Local Contracting Officer. 4.1.4 Contracting Officer's representative (COR): The designated representative (s) of the Contracting Officer. The COR for this contract is Mrs. JoAnn M. Johnson, Winn Army Community Hospital, 1061 Harmon Ave, Building 302, Room CH48, Fort Stewart, GA 31314. 5.0 Acronyms and Definitions: AR Army Regulation AOD Administrative Officer of the Day CAMH Comprehensive Accreditation Manual for Hospital COR Contracting Officer's Representative DOD Department of Defense FAC Federal Acquisition Regulation JC Joint Commission KO Contracting Officer MTF Military Treatment Facility POC Point of Contact PWS Performance of Work Statement WAWF Wide Area Work Flow 6.0 Timeline: 6.1 Contract duration shall be from Base plus 3 Option years from date of award inclusive with option years. 6.1.1 WACH provide services 24 hours a day, 365 days a year (366 days during leap years) including holiday. Clinics have designated operating hours. 6.1.2 The Emergency Department operates 24 hours a day, 7 days a week, 365 days a year (366 days during leap years) including holidays. 6.1.3 Holidays. The following is a list of legal federal holidays. Any of the federal holidays falling on a Saturday will be observed on the preceding Friday, holidays falling on a Sunday will be observed on the following Monday. Contract personnel may be required to work on legal holidays as determined by the COR. New year's Day, January 1st Martin Luther King's Birthday, 3rd Monday in January President's Day, 3rd Monday in February Memorial Day, Last Monday in May Independence Day, July 4th Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veteran's Day, November 11th Thanksgiving Day, 4th Thursday in November Christmas Day, December 25th NOTE 1: Any of the above holidays falling on a Saturday will be observed on the proceeding Friday; holidays falling on a Sunday will be observed on the following Monday. 7.0 Position Descriptions: 7.1 If services are provided remotely, the Contractor shall adhere to all IT requirements for utilizing Government equipment and accessing Government systems. Supporting equipment will be at the vendor's expense. i.e. interfaces, hardware, and software. 8.0 Invoicing & Receiving Report Documents: 8.1 The Army has implemented the use of Wide Area Work Flow (WAWF), which is an electronic internet-based method for vendors to submit invoices and the government to complete receiving reports. Use of WAWF is required. The website is https://wawf.eb.mil/ for submitting invoices via WAWF. Contractor shall invoice using the Wide Area Work Flow (WAWF) procedures in accordance with DFARS 252.232-7003 using the Invoice and Receiving Report (Combo) Document procedure which combines the invoice and receiving report process into one electronic document. 8.2 An email notifying the COR that a combo document has been submitted is required. The is to ensure prompt payment to the contractor, for it is the responsibility of the Government receiving agency to accept and transmit an electronic Receiving Report via Wide Area Work Flow (WAWF) within 5 days of receipt of the correct electronic invoice and receiving report (combo) from the contractor to DFAS for payment. 8.3 The COR is responsible for accepting and preparing the electronic receiving report and forwarding to the address listed in block 18A of this contract. CLAUSES INCORPORATED BY REFERENCE 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://farsite.hill.af.mil____ CLAUSES INCORPORATED BY FULL TEXT 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012) ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012) (m) INFORMATION REGARDING SUBMISSION OF PROPOSALS: Proposals shall be submitted in accordance with the 52.212-2(o) hardcopies as follows: two (2) complete hard copies, inclusive of four (4) separate sections as outlined in WRITTEN DOCUMENTATION below. The hardcopy shall be submitted to: Southern Regional Contracting Office Fort Gordon Cell, ATTN: Ms. Valerie DeVeaux, 39706 40th Street Fort Gordon, GA 30905. Due Date: August 30, 2013, 3:00 PM EST. The proposals submitted must clearly identify this notice, contractor submitting proposals (point of contacts, i.e. telephone numbers, address, and emails, etc). Offerors bear the burden of ensuring that the proposals reached the designated contracting office and contract specialist on time and should allow a reasonable time for to be completed. The contract specialist for this action is Ms. Valerie DeVeaux (706) 787-8438. Information for Quoters Notice: This is a FY14 requirement for T System and T Sheets for Physicians and Nurses Charting System for Winn Army Community Hospital, Ft Stewart, GA. Requirement is Subject to Availability of Funds. DOCUMENTS TO BE SUBMITTED: TO: Southern Regional Contracting Office- Fort Gordon Cell, ATTN: Ms. via email valerie.deveaux.civ@mail.mil, Fax (706) 787-5681, August 30, 2013, 4:00 EST.: Contractor's Name, Address, Point of Contact, Telephone Number. Please make sure the following information is included: WRITTEN DOCUMENTATION: SECTION 1. - ADMINISTRATIVE INFORMATION. a. Request for Proposal. A copy of the Solicitation with original signatures of a corporate officer authorized to negotiate for the company. Include name of the company, phone, fax numbers, and email addresses. b. Acknowledged and signed, Original copies of amendments if applicable. c. Completed copy of the Representations and Certifications at FAR 52.212-3; (p) All offerors must be registered in the System for Award Management (SAM) (https://www.sam.gov) in order to be eligible for award. If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances required a change in SAM in order for you to be paid or to receive an award. If you are not registered in SAMs you will need to register in SAM to meet the requirements found in the applicable provisions and clauses. Registration requires a DUNS number and may take up to three weeks to process. Recommend registering immediately in order to be eligible for timely award. Instructions for registration are available at the SAM website. d. The offeror shall provide with its proposal points of contact for administration of the contract during offerors normal business hours and after normal business hours. The POC for other than normal business hours will be contacted only in the event of emergencies. Accordingly, the named individual (s) should possess sufficient corporate authority to effectively deal with emergency situations and the telephone number provided should be functioning at all times other than normal business hours. If there are different POCs for different conditions, such as weekdays, weekends, holidays, etc., please furnish and explain. SECTION 2. - TECHNICAL. a. Offeror shall provide in accordance with the Performance Work Statement (PWS) & explain how your company will comply with the Performance Work Statement. The Government will evaluate the quote for completeness and reasonableness as it describes the offerors approach to accomplishing the services described in the PWS. The Government will evaluate the quote for demonstrating that the offeror has a clear understand of the nature and magnitude of the effort required to provide services. SECTION 3. - SECTION III - Past Performance. a. Offeror shall provide at a minimum at least three references of recent and relevant services under prior and exiting contracts for the same or similar services. The government may also consider any additional past performance information that is available to the government. Offerors are reminded that while the government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the offeror. SECTION IV- Price. a. Submit pricing for all Contract Line Item Numbers (CLINs) for the base year and all option years. Provide total pricing for the base year and each option year as well as a grand total for the price of your entire proposal. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. WRITTEN DOCUMENTATION: Offeror shall prepare in four (4) separate sections of the proposals as follows (NOTE: offers submitted through AFSI are unacceptable). SECTION I - ADMINISTRATIVE (Factor 1) SECTION II - TECHNICAL CAPABILITY (Factor 2) SECTION III - PAST PERFORMANCE (Factor 3) SECTION IV - PRICE (Factor 4) SECTION I - Administrative. a. Request for Proposal. A copy of the Solicitation with original signatures of a corporate officer authorized to negotiate for the company. Include name of the company, phone, fax numbers, and email addresses. b. Acknowledged and signed, Original copies of amendments if applicable. c. Completed copy of the Representations and Certifications at FAR 52.212-3; (p) All offerors must be registered in the System for Award Management (SAM) (https://www.sam.gov) in order to be eligible for award. If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances required a change in SAM in order for you to be paid or to receive an award. If you are not registered in SAMs you will need to register in SAM to meet the requirements found in the applicable provisions and clauses. Registration requires a DUNS number and may take up to three weeks to process. Recommend registering immediately in order to be eligible for timely award. Instructions for registration are available at the SAM website. d. The offeror shall provide with its proposal points of contact for administration of the contract during offerors normal business hours and after normal business hours. The POC for other than normal business hours will be contacted only in the event of emergencies. Accordingly, the named individual (s) should possess sufficient corporate authority to effectively deal with emergency situations and the telephone number provided should be functioning at all times other than normal business hours. If there are different POCs for different conditions, such as weekdays, weekends, holidays, etc., please furnish and explain. SECTION II - Technical Capability. a. Offeror shall provide in accordance with the Performance Work Statement (PWS) & explain how your company will comply with the Performance Work Statement. The Government will evaluate the quote for completeness and reasonableness as it describes the offerors approach to accomplishing the services described in the PWS. The Government will evaluate the quote for demonstrating that the offeror has a clear understand of the nature and magnitude of the effort required to provide services. SECTION III - Past Performance. a. Offeror shall provide at a minimum at least three references of recent and relevant services under prior and exiting contracts for the same or similar services. The government may also consider any additional past performance information that is available to the government. Offerors are reminded that while the government may elect to consider data obtained from other sources, the burden of providing thorough and complete performance information rests with the offeror. SECTION IV- Price. a. Submit pricing for all Contract Line Item Numbers (CLINs) for the base year and all option years. Provide total pricing for the base year and each option year as well as a grand total for the price of your entire proposal. The provision at 52.212-2, Evaluation - Commercial Items (JAN 1999). ADDENDUM TO 52.212-2 (a) is hereby replaced with the following: 1. Evaluation Process. a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) technical acceptability of the offeror's proposal to meet the Government requirement, and (ii) price. Awardee will be the Lowest Priced, Technically Acceptable (LPTA) Offeror. Tradeoffs are not permitted. Proposals are evaluated for acceptability but not ranked using the non-cost/price factors. Exchanges may occur for clarification purposes only, the Government intends to evaluate proposals and award a contract without discussion. Technical Acceptable Source Selection Process. 1. Technical acceptability: (a) Proposals shall be evaluated using lowest price technically acceptable source selection process where best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Inclusive of the offeror's technical acceptability to perform the services the offeror shall demonstrate in their proposal: (1) The Offeror's ability, skills, experience, knowledge, and past performance in performing required services. Information is limited to no more than 5 pages. (2) Past Performance evaluation information shall indicate the offeror's ability to perform the contract successfully. Offeror shall indicate, provide or identify past or current contracts including Federal, State, local government and private for efforts similar to the Government requirement. The Government shall consider this information as well as information obtained from any other sources, when evaluating the offeror's past performance. In the case of any offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorable or unfavorably on past performance. Information is limited to no more than 10 pages. 2. Price. The lowest price acceptable source selection result from selection of the technically acceptable proposal with the lowest evaluated price. 3. Technical and past performance, when combined is significantly more important than price. (b) Options. The Government will evaluateoffers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Potential contractors must be registered in the System for Award Management (SAM) to be eligible for award. The SAM internet web site is http://www. www.sam.gov. soliciation to the responsible offeror whose offer conforming to the solicitation and 52.212-3 Offeror Representations and Certifications- Commercial Items. Offeror must complete annual representations and certifications on-line at http://orca.bpn.gov. If paragraph (j) of the provision is applicable, a written submission is required. Offers are due by 30 August 2013, 3:00 PM, Eastern Standard Time. Submit offers via email to Valerie.J.DeVeaux.civ@mail.mil Contracting Office Address: Southern Region Contracting Office (SRCO-Fort Gordon Cell) 39706 40th Street Fort Gordon, GA 30905 Point of Contact: Valerie DeVeaux, Contract Specialist, (706) 787-8438 The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and MEDCOM provisions included herein are incorporated into this solicitation wither by reference or in full text. If incorporated by reference, see provision 52.252-1 for locations where full text can be obtained. 52.204-5 - WOMEN-OWNED BUSINESS OTHER THAN SMALL BUSINESS (MAY 1999) 52.225-25 - PROHIBITION ON ENGAGIND IN SANCTIONED ACTIVITIES RELATING TO IRAN - CERTIFICATION (NOV 2011) 52.216-1 - TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation. 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 is indicated by the addition of "(DEVIATION)" after the name of the regulation. 252.203-7005 - REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) As prescribed in 203.171-4(a), use the following clause: (a) Definition. "Covered DoD official," as used in this clause, means an individual that- (1) Leaves or left DoD service on or after January 28, 2008; and (2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served- (A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code; (B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or (C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or (ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million. (b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor. (c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c). (End of clause 252.209-7001 - DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) As prescribed in 209.104-70(a), use the following provision: DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) Definitions. As used in this provision- (1) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) "Significant interest" means- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtedness of a firm. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 252.215-7007 - NOTICE OF INTENT TO RESOLICIT. (JUN 2012) As prescribed at 215.408(3), use the following provision: This solicitation provides offerors fewer than 30 days to submit proposals. In the event that only one offer is received in response to this solicitation, the Contracting Officer may cancel the solicitation and resolicit for an additional period of at least 30 days in accordance with 215.371-2. (End of provision) 252.215-7008 - ONLY ONE OFFER (JUN 2012) a) The provision at FAR 52.215-20, Requirements for Certified Cost or Pricing Data and Data other Than Certified Cost or Pricing Data, with any alternate included in this solicitation, does not take effect unless the Contracting Officer notifies the offeror that- (1) Only one offer was received; and (2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3). (b) Upon such notification, the offeror agrees, by submission of its offer, to provide any data requested by the Contracting Officer in accordance with FAR 52.215-20. (c) If negotiations are conducted, the negotiated price should not exceed the offered price. (End of provision) 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999) ADDENDUM TO 52.212-2 a. Paragraph 52.212-2(a). Replace with the following: The Government will award a contract resulting from this solicitation to the responsible contractor whose quote, conforming to the solicitation, is Lowest Priced, Technically Acceptable (LPTA). Award will be on an all or none basis. (End of Addendum to 52.212-2) 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (APR 20-12) ALTERNATE 1 (NOV 2012) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates 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 (c) through (o) of this provision. (a) Definitions. As used in this provision-- "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. "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 business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanina, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] 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 Federal, state or local government 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; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) 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. (B) 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. (ii) Examples. (A) 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 appear rights. (B) 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. (C) 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. (D) 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). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.] (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of Provision) 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) Addendum to 52.212-4 (c) Paragraph (c) - Changes is hereby supplemented as follows: UNILATERAL CHANGES 1. The Contracting Officer may unilaterally reduce and/or de-obligate any quantities not supplied/performed at the end of the contract period. 2. Unilateral Modifications: The Government may make unilateral modifications considered administrative in nature. These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses and other corrections that have no effect on the terms and conditions of the contract (u) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. Deletions to 52.212-4: 52.212-4 Paragraph (t) Central Contractor Registration (CCR) is deleted. ADDENDUM to 52.212-4 (v) The non FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract wither byt reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. 52.203-3 - GRATUITIES (APR 1984) 52.203-6 - RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) 52.203-12 -LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS-(OCT 2010) 52.204-4 - PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMER FIBER CONTENT PAPER (MAY 2011) 52.204-9 - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 52.204-10 - REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (AUG 2012) 52.209-6 - PROTECTING THE GOVENRMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010) 52.222-3 - CONVICT LABOR (JUN 2003) 52.222-19 - CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (MAR 1012) 52-222-21- PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) 52.222-26 - EQUAL OPPORTUNITY (MAR 2007) 52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (SEP 2010) 52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILTIES (OCT 2010) 52.222-37 - EMPLOYMENT REPORTS ON VETERNAS (SEP 2010) 52.222-50 - COMBATING TRAFFICKING IN PERSONS (FEB 2009) 52.223-18 - ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 52.224-2 - PRIVACY ACT (APR 1984) 52.225-13 - RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 52.232-18 - AVAILABILITY OF FUNDS (APR 1984) 52.232-33 - PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 52.233-3 - PROTEST AFTER AWARD (AUG 1996) 52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 52.237-3 - CONTINUATION OF SERVICES (JAN 1991) 52.242-13 - BANKRUPTCY (JUL 1995) 252.201-7000 - CONTRACTING OFFICER REPRESENTATIVE - (DEC 1991) 252.203-7000 - REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.203-7002 - REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) 252.204-7000 - DISCLOSURE OF INFORMATION (DEC 1991) 252.204-7003 - CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 252.225-7012 - PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (JUN 2012) 252.232-7003 - ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 252.232-7010 - LEVIES ON CONTRACT PAYMENTS (DEC 2006) 252.232-7011 - PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENC OPERATIONS (MAY 2013) 252.243-7001 - PRICING OF CONTRACT MODIFICAITONS (DEC 1991) 252.243-7002 - REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires. (End of clause) 52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60. (End of clause) 52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2012) 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998) www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm 52.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) 252.244-7000 - SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2013) WIDE AREA WORKFLOW (WAWF) ARMY ELECTRONIC INVOICING INSTRUCTIONS Electronic Submission of Payment Request Contractor shall submit payment request using the following method as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. _X__ Wide Area Workflow -Receipt and Acceptance (WAWF-RA) (see instructions below) ___ Web Invoicing System (WInS) ___ American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats ___ Other (please specify)____________________________________ DFAS POC and Phone:_______________________________________________ WAWF-RA is the method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor electing to use WAWF-RA shall (i) register to use WAWF-RA at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order. WAWF- RA Instructions Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS)[fill in DFAS location here](Block 18a of your purchase order/contract) at [fill in DFAS vendor pay phone number here] or faxed to [fill in DFAS vendor pay fax phone number here]. Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire status of your payment. The following codes and information will be required to assure successful flow of WAWF-RA documents. TYPE OF DOCUMENT [X the appropriate block] ___ Commercial Item Financing ___ Construction Invoice (Contractor Only) ___ Invoice (Contractor Only) _x_ Invoice and Receiving Report (COMBO) ___ Invoice as 2-in-1 (Services Only) ___ Performance Based Payment (Government Only) ___ Progress Payment (Government Only) ___ Cost Voucher (Government Only) ___ Receiving Report (Government Only) ___ Receiving Report With UID Data (Government Only) ___ Summary Cost Voucher (Government Only) CAGE CODE: [Enter Contractor Cage Code here] ___________ ISSUE BY DODAAC: __W81K00__________ ADMIN BY DODAAC: W81K00____________ INSPECT BY DODAAC: ____________ ACCEPT BY DODAAC: _ __________ SHIP TO DODAAC: __ ______________ LOCAL PROCESSING OFFICE DODDAC: [Enter LPO DODAAC here if applicable] _____________________________ PAYMENT OFFICE FISCAL STATION CODE: _HQ0490________ EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR: [Enter Inspector's email address here] _____________________________ ACCEPTOR: [Enter Acceptor's email address here] _____________________________ RECEIVING OFFICE POC: [Enter receiving office POC email address here] __________________________________________ CONTRACT ADMINISTRATOR: _VALERIE.J.DEVEAUX.CIV@MAIL.MIL__________ CONTRACTING OFFICER: [Enter KO's email address here] ______________________ ADDITIONAL CONTACT: [Enter email address(es) here] _________________________ For more information contact [Enter Contract Specialist and/or Contracting Officers Name, email and phone here]. ____________________________________________ (End of clause)
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