FBODaily.com | FedBizOpps: MOD | J | Maintenance for Medical Lasers

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 19, 2014 FBO #4620
MODIFICATION

J -- Maintenance for Medical Lasers

Notice Date: 7/17/2014
Notice Type: Modification/Amendment
NAICS: 811219 — Other Electronic and Precision Equipment Repair and Maintenance
Contracting Office: Department of the Navy, Bureau of Medicine and Surgery, Naval Medical Logistics Command, 693 Neiman Street, FT Detrick, Maryland, 21702-9203, United States
ZIP Code: 21702-9203
Solicitation Number: N62645-14-T-0019
Point of Contact: Christina Boyd-Brown, Phone: 301-619-2059, Tameka N Davis, Phone: 301-619-1677
E-Mail Address: christina.boyd-brown@med.navy.mil, tameka.davis@med.navy.mil
(christina.boyd-brown@med.navy.mil, tameka.davis@med.navy.mil)
Small Business Set-Aside: Total Small Business
Description: Circular 05-75 are incorporated. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://acquisition.gov/far and http://www.acq.osd.mil/dpap/sitemap.html. The NAICS code is This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. Also, this acquisition is being conducted under FAR 13.5, Test Program Procedures for commercial items and FAR 19.5 Set-Asides for Small Business. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is N62645-14-T-0019. The solicitation is issued as a Request for Quote (RFQ). Provisions and clauses in effect through Federal Acquisition 811219, with a small business size of 500 employees. This is a 100% small business set-aside requirement; all qualified small business vendors are encouraged to submit a proposal. The Naval Medical Logistics Command on behalf of Naval Hospital Pensacola, Florida request responses from qualified sources capable of providing Maintenance and Support Services for Medical Lasers with the following: PERFORMANCE WORK STATEMENT The requirement is Firm Fixed Price and shall include a base year period of performance of 1 October 2014 to 30 September 2015. Four subsequent option years shall be available. 1. GENERAL. The Naval Medical Logistics Command (NMLC) has a requirement for a service contract for medical lasers, as listed in the attached equipment list, for Naval Hospital Pensacola. 2. SCOPE. The Contractor shall provide preventive and corrective maintenance services as outlined below for all equipment listed. The Contractor shall maintain the equipment within the original manufacturer's specifications, in accordance with Federal, State, and Local laws and regulations, U.S. Navy Regulations, instructions, and Joint Commission requirements. 2.1 The requirement includes regularly scheduled preventive maintenance, inspections, calibrations, and corrective maintenance tasks, and unlimited emergency repair actions. 2.2 The aggregate number of equipment covered under the contract may fluctuate throughout the term of the contract. This fluctuation may result from the removal of aged, non-repairable, past service life, or past useful life equipment from the service contract, and the addition of new, warranty free equipment or equipment currently on inventory. The aggregate requirement and level of effort will remain relatively constant over the life of the contract.. 3. SERVICE VENDOR PERSONNEL QUALIFICATION. 3.1 All work shall be performed by service personnel with original equipment manufacturer (OEM) service training on the products for which they will perform service. Service personnel shall have sufficient experience to demonstrate proficiency in maintenance of the products. Certificates for the manufacturer service training may be requested to be produced to the Navy. 4. DEFINITIONS. 4.1 Calibration. This activity should be the procedures for the mechanical adjustments of the device to ensure consistent, standardized performance or output as per the original equipment manufacturer recommendations. 4.2 Contracting Officer (KO). A warranted representative of the federal government who has the express authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The KO is the only person authorized to approve changes to any terms, conditions, or requirements of the contract. 4.3 Contracting Officer's Representative (COR)/Alternate COR. A Government employee appointed by the KO and responsible for the inspection, evaluation, and acceptance of products and services provided in accordance with the terms and conditions of the contract. 4.4 Corrective Maintenance. Repair, adjustment, calibration, software manipulation, or other action taken to return a piece of equipment to original manufacturer specifications following a failure, damage, or other incident that causes the product to no longer perform within the original specifications. 4.5 Downtime. That time, during the hospital's normal business hours, when the equipment is not available for production use due to instrument malfunction, ongoing preventive and/or corrective maintenance, or safety concerns. 4.6 Normal Business Hours (NBH). Those hours, Monday through Friday, (excluding federal holidays) during which the hospital is typically open and conducting business and a service technician would have access to equipment. 4.7 Preventive Maintenance. Those periodic and "as required" services necessary to maintain equipment in an operating condition which minimizes corrective maintenance, including but not limited to calibration, adjustment, lubrication, updating and upgrading software for security, safety, compliance, and compatibility issues, as well as that testing required to maintain a safe environment of care which includes electrical safety testing, output testing, replacement of batteries and other shelf life components on a scheduled basis (which becomes corrective maintenance if the component fails due to lack of preventive maintenance). 4.8 Quality Assurance (QA). Actions, including inspections performed by the Government, to determine whether products and services conform to contract requirements. 4.9 Quality Assurance Evaluator (QAE). A Government employee responsible for performing quality assurance functions for a contracted service. 4.10 Quality Control (QC). Actions, including inspections and preparation of inspection records, performed by the Contractor to ensure that products and services conform to contract requirements. 4.11 Update. Modification to current software which provides new features or improves performance or security. Updates are often software patches. 4.12 Upgrade. Replacement of hardware, software, or firmware with a newer or better version, in order to bring the system up to date or to improve its characteristics, provide new capabilities, improve performance, or bring systems into compliance with requirements. Upgrades are often new software versions and hardware components. 4.13 Uptime. That time, during the hospital's normal business hours, when equipment is available for production use without restrictions to the quality of the results, and without safety hazards to the staff or visitors. 5. PERFORMANCE REQUIREMENTS. The Contractor shall provide telephone help support and onsite field support for diagnostic services, repair services, and preventative maintenance. The Contractor shall provide maintenance service on all required equipment. The Contractor shall provide for all inclusive parts, labor, materials, travel, personnel, supervision, and shipping costs necessary to perform all maintenance actions covered under this contract, unless otherwise specified, for all equipment identified. 5.1 Response Time. 5.1.1 The Contractor shall respond to corrective maintenance requests by telephone within twenty-four (24) hours. The Contractor shall be on site and have the equipment in good operating condition (according to availability of personnel and parts) within seventy-two (72) hours upon receipt of the trouble call. 5.2 Uptime. The Contractor shall maintain the equipment in good operating condition (no major cosmetic defects, no safety hazards, operating to OEM specifications) for at least 95% of the normal business hours each month. Failure to meet the reliability standards of 95% uptime during any month will result in a corresponding percentage reduction in that quarter's payment, calculated as follows: Hm = Minimum number available hours/quarter allowed (95% of total) Ha = Actual hours available Pt = Total payment invoiced for the quarter %Assessment = (1 - Ha/Hm) * 100% Payment Reduction = Pt * %Assessment 5.3 Telephonic Support. The Contractor shall provide telephone support between 7:30 a.m. and 4:00 p.m. EST per day, seven (7) days per week, excluding federal holidays. Customer calls during off hours shall be directed to Contractor call center and returned by Contractor representative the next business day. The Contractor shall document all issues reported by the customer, as well as the means attempted to resolve the issues. 5.4 On-Site Support. If a service problem cannot be resolved during a telephone service sessions within four (4) hours, the Contractor shall initiate a field dispatch service call. During the service visit, the technician shall perform the service without severely impacting the workflow of the department. 5.4.1 Check-In/Out. 5.4.1.1 Check-In. Upon arrival on-site, prior to performing any work, Contractor shall physically check-in at the Biomedical Engineering Division (Biomed) customer service desk during normal working hours. The biomedical equipment technician (BMET) on duty may accompany the Contractor as an observer during any work performed on-site. If the Contractor arrives on-site after hours, the Contractor shall check in with authorized command personnel such that the site is aware Contractor is on-site performing services. 5.4.1.2 Check Out. Upon completion of on-site service, the Contractor shall physically check-out at the Biomedical Engineering Division. The Contractor shall supply a service report summarizing the work completed. 5.4.2 Preventive Maintenance (PM). 5.4.2.1 The Contractor shall perform two (2) annual preventative maintenance visits per year. If necessary, the Contractor may combine a preventative maintenance service visit with an onsite service visit. Preventative maintenance service visits shall occur not less than four (4) nor more than eight (8) months from the date of the prior preventative maintenance service visit. Upon arrival, the technician will provide an initial assessment of the operational condition of the system. At the conclusion of the visit, the technician will provide a report detailing the findings and corresponding actions to the site Biomedical Engineering Division. 5.4.2.2 The Contractor shall schedule preventative maintenance visits with the Biomedical Engineering Division. 5.4.2.3 The Contractor shall comply with the OEM's preventative maintenance procedures, which shall include at a minimum the following: lubrication, cleaning, functional checks and adjustments, leakage current measurements, and other maintenance to keep the equipment in good operating condition. 5.4.2.4 PM Sticker. The Contractor shall affix a PM sticker to each piece of equipment upon PM completion which includes the name of the technician and the date of the PM. The PM stickers will be placed upon each piece of counting automation and each server. 5.4.2.5 Equipment in Use. If, for reasons beyond the Contractor's control, equipment is not made available for maintenance, the Contractor shall immediately notify the COR or Alternate COR. 5.4.2.6 Equipment Unable to Locate (UTL). If the Contractor is unable to locate an item within the maintenance window specified, the Contractor shall immediately notify the COR or Alternate COR. The COR or Alternate COR will determine the availability of the equipment. Equipment which the COR or Alternate COR determines to be missing, lost, or stolen shall be exempt from maintenance. 5.4.3 Corrective Maintenance. The Contractor shall provide for any corrective maintenance services necessary to maintain equipment within OEM specifications. Corrective maintenance shall include repair to equipment that results from unintentional damage, whether by the Government or Contractor, for example: component part failures, environmental issues, normal wear and tear, etc. Specifically excluded from coverage are environmental hazards such as fires, floods, acts of nature (earthquakes, hurricanes, tornados), unregulated power, gas/atmosphere contamination, and physical damage that is not in the normal course of instrument operation. 5.4.4 Parts. The Contractor shall provide for all inclusive parts, labor, materials, travel, personnel, supervision, and shipping costs necessary to perform all maintenance actions covered under this contract, unless otherwise specified, for all equipment identified and for all equipment that may be added to the contract at a later date. 5.4.4.1 Technicians shall only use OEM-approved replacement parts. 5.4.5 Service Event Documentation. At the conclusion of every service visit, the technician shall provide a report detailing the findings/actions and the corresponding actions accomplished to close each of them. These reports shall be provided to the Biomed Department. For each service work order a report will be facilitated to display: Name of Contractor; Contract Number; Name of Field Service Technician performing service; Contractor log/Control # (ie. Work Order #); Date, time (beginning and ending), and hours on-site for service call; Description of problem reported by user; Equipment identification factors to include: Equipment manufacturer, model, serial number, local Equipment Control Number (ECN); Description of problem; Description of service performed, parts used, corrective action taken; Problem resolution or pending action; Names: Field Service Technician Signature - performing services; and Biomed Department Representative Signature - verifying service rendered. 5.4.6 Removal of Equipment. In the event of a non-repairable condition, the Contractor shall provide system replacement, if needed, unless the replacement is due to local staff abuse, misuse, vandalism, modification, alteration, or repairs not performed in accordance with the provided training. All preparations to necessitate hardware replacement, including packing and transportation of the asset, shall be performed by the Contractor at no additional cost to the Government. The Contractor shall provide a report to Biomedical Engineering Division documenting the following information on any products replaced at the site: Date of removal Make, model, serial number, and Equipment Control Number (ECN) if available Reason for removal Contract number Make, model, and serial number of replacement equipment 5.4.6.1 The Contractor shall not remove system hard drives from the premises. If hard drives are to be replaced, they should be left at the facility for MID to dispose. 5.5 Recalls and Updates. 5.5.1 The Contractor shall provide and install mandatory updates within three (3) business days upon OEM recall or alert notification. The Contractor shall provide documentation of such installation and mandatory updates. When hardware updates are required, the Contractor shall dispatch field service technicians to install, test, and support the new hardware elements. 5.6 Confidentiality. Contractors and/or service vendors shall comply with all applicable Privacy Act requirements, in regards to any personally identifiable information (PII) and protected health information (PHI). Information regarding Privacy Act, PII, and PHI is available to contract personnel for review at the laboratories. 5.7 Safety Requirements. The Contractor shall take safety precautions as the facilities representative may determine to be reasonably necessary to protect the lives and health of occupants of buildings in which work is being performed. The representative shall notify the Contractor of any non-compliance with the foregoing conditions and the action(s) to be taken. Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. If Contractor refuses to comply promptly, the COR or Alternate COR may stop all or any part of the work for safety reasons. Under such circumstances, the KO can hold the service vendor in contract default. Nothing in this section shall be construed so as to limit the Contractor or sub-contractors responsibilities to comply with any existing law 5.8 Standards of Conduct. The Contractor shall maintain and enforce standards of conduct for contract employees. The Contractor shall take appropriate corrective action in cases of violation of standards of conduct. 5.8.1 The Contractor shall not use persons convicted of violations of criminal statutes, felonies, or misdemeanors involving crimes against persons or moral turpitude in performing services under this contract. At the Contractor's expense, a background check of prospective employees to perform services under this contract shall be conducted to ensure compliance with this paragraph. 5.8.2 Unless otherwise specified, all financial, statistical, personnel and/or technical data which are available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract nor be released by the Contractor without prior written consent of the COR. Any presentation of any statistical or analytical materials, or any reports based on information obtained from the studies covered by this contract, will be subject to review and approval by the COR before publication or dissemination. Contract CLIN Structure CLIN NUMBER Supplies/Services Quantity Unit Unit Price CLIN Amount 1001 Maintenance for Laser Equipment (Base year) dates 01 Oct 14 - 30 Sep 15 12 Months $ $ 2001 Maintenance for Laser Equipment (Option Year 1) 01 Oct 15 - 30 Sep 16 12 Months $ $ 3001 Maintenance for Laser Equipment (Option Year 2) 01 Oct 16 - 30 Sep 17 12 Months $ $ 4001 Maintenance for Laser Equipment (Option Year 3) 01 Oct 17 - 30 Sep 18 12 Months $ $ 5001 Maintenance for Laser Equipment (Option Year 4) 01 Oct 18 - 30 Sep 19 12 Months $ $ TOTAL PRICE (a) In accordance with section 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action 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 the 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, (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) ______________ Naval Hospital Pensacola Medical Laser Equipment Listing Department Manuf Nameplate Model Common Model Device Desc Serial No. Ophthalmalogy Nidek Inc. YC1600 YC-1600 Laser, ND:YAG, Ophthalmic 60464 Ophthalmalogy Nidek Inc GYC-2000 GYC-2000 Laser, ND:YAG, Ophthalmic 20063 Ophthalmalogy Lumenis Inc Selecta II Selecta II Laser, ND:YAG, Ophthalmic 002-515673 Ophthalmalogy Iridex Corp Oculight TX Oculight TX Laser, Diode, Ophthalmic TX1558REVB Urology Lumenis Inc Versa Pulse P.S VPPS 20W Holmium Laser, HO:YAG 003-22289 Urology Lumenis Inc P.S. DOM-80/100 Versa Pulse P.S Laser, HO:YAG, Surgical 64 Operating Room Lumenis Inc 0642-627-01 UltraPulseencore Laser, Carbon Dioxide, Surgical/Dermatologic 009-44065 Dermatology Candela Corp 9914-0300 VBeam Perfecta Laser, Dye, Dermatologic 9914-0300-0315 Dermatology Sciton Inc Profile Profile Laser, ER:YAG, Dermatologic 10805-60008 Dermatology Hoya Conbio Medlite C Medlite C Laser, ND:YAG,Frequency-Doubled, Dermatologic MC6-2246 Dermatology Iridex Corp Gemini Star Lux 500 Laser, ND:YAG,Frequency-Doubled, Dermatologic G8637 Dermatology Palomar Star Lux 500 StarLux Laser, ND:YAG,Frequency-Doubled, Dermatologic 55-0366R Handpiece Palomar Lux 1540 StarLux Phototherapy Unit, Other 072587-3 Handpiece Palomar Lux R Phototherapy Unit, Other 088178-7 Handpiece Palomar Lux Y StarLux Phototherapy Unit, Other 088256-8 Handpiece Palomar Lux G StarLux Phototherapy Unit, Other 087053-10 Handpiece Palomar Lux Deep IR Phototherapy Unit, Other 08861-10 Handpiece Palomar Palomar Lux 2940 Laser Delivery System, Fiberoptic 101939-14 EVALUATION FACTORS FOR AWARD: The Government intends to award a contract resulting from this solicitation to the responsible offeror whose offer is the Best Value, price and other factors considered. Factors 1 through 3 below, combined are more important than price, and are listed in descending order of importance. However, price may become a critical factor in the event that two or more offerors are determined to be essentially equal following the evaluation of technical and past performance factors. Evaluation of price will be based on the offeror's total price for all line items as delivered to Naval Hospital Pensacola, FL. Technical Factors 1. Equipment Coverage Capability - The Contractor will be evaluated on their conformance to contract requirements; the ability to provide service based on their internal and external resources and capabilities to perform work. The Contractor shall be qualified / authorized by the Original Equipment Manufacturer (OEM) in the repair of all equipment listed within this contract. Additionally, contractor must be authorized / qualified with the ability to obtain OEM replacement parts. 2. Service Vendor Credentials - The Contractor will be evaluated based on the provided certificates of training and/or proficiency required to demonstrate the ability of those personnel who will provide service and maintenance to the requested equipment. In-service training on each type of equipment to be maintained shall be provided and thoroughly documented. These certificates shall be from the OEM or other organization which conducts training as part of the normal course of business. Past Performance Factor 3. Past Performance/Contract Evaluation - Contractor will be evaluated based on their past performance. This shall include quality of service, timeliness of service (including uptime and response time), and preservation/continuance of certifications and authorizations to maintain the equipment. 4. Price Reasonableness- Prices proposed will be evaluated for reasonableness. Completeness- Proposals will be evaluated for completeness. All amendments shall be acknowledged, all CLINS shall be priced, ORCA certifications shall be submitted and required provisions as listed in the solicitation are completed. The offeror's initial proposal shall contain the offeror's best terms. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation. INSTRUCTIONS TO OFFERORS: Technical Proposal Equipment Coverage Capability: Offerors shall provide sufficient technical documentation (including but not limited to: product literature, specifications) to allow for thorough evaluation of proposal and to demonstrate conformance to contract requirements; the ability to provide service based on their internal and external resources and capabilities to perform work. The Contractor shall demonstrate and provide evidence that they are be qualified / authorized by the Original Equipment Manufacturer (OEM), in the repair of all equipment listed within this contract. Additionally, the contractor must demonstrate that they are authorized / qualified with the ability to obtain OEM replacement parts. Service Vendor Credentials: The Contractor shall provide certificates of training and/or proficiency required to demonstrate the ability of those personnel who will provide service and maintenance to the requested equipment. These certificates shall be from the OEM or other organization which conducts training as part of the normal course of business. Past Performance: Offerors shall provide past performance data for all similar contracts for the last 3 years, for up to 5 data points, or 5 data points for delivery starting with the most recent contracts for which delivery occurred at least 6 months prior to the closing of this solicitation. The data shall include, but is not limited to: Organization/Location, POC/Number, Contract Reference Number, Contract Date, Value of the Contract (rounding to the nearest $5K is acceptable), and "Has the POC agreed to be to be contacted as a reference?" The Government reserves the right to consider other past performance information at its disposal, in addition to any information obtained from the references provided above. Proposal shall specify the Total Price as well as price for all CLINS. Adequate competition is anticipated for this acquisition. The government anticipates award of a Firm Fixed Price contract. Offerors shall submit firm-fixed pricing for all above requirements. Proposals shall be submitted by email only as a MS Word, MS Excel or Adobe PDF attachment to: Christina Boyd-Brown, email: Christina.Boyd-Brown@med.navy.mil. Proposals are due by 10:00am Eastern Time (ET) on 19 August 2014. Any questions must be addressed to Christina.Boyd-Brown@med.navy.mil by email only NLT 28 July 2014. No phone calls will be accepted. Emails can be no more than 10MB each. Other Administrative Instructions: System for Award Management (SAM). Offerors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/; provide DUNS number; Cage Code and TIN. FAR and DFARS Provisions & Clauses: FAR 52.204-7, System For Award Management FAR 52.204-13, System For Award Management Maintenance FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; FAR 52.212-3 ALT I, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In compliance with said clause, the following FAR clauses apply: FAR 52.203-6, Restrictions on Subcontractor Sales to the Government FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns FAR 52.219-6, Notice of Total Small Business Set Aside FAR 52.219-8, Utilization of Small Business Concerns FAR 52.219-28, Post-Award Small Business Program Representation FAR 52.222-3, Convict Labor FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-35, Equal Opportunity for Veterans FAR 52.222-26, Equal Opportunity FAR 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans FAR 52.222-36, Affirmative Action for Handicapped Workers with disabilities FAR 52.223-15, Energy Efficiency in Energy-Consuming Products FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) FAR 52.247-34, F.O.B. Destination FAR 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 http://acquisition.gov/far (End of Provision) Offerors are reminded to include a completed copy of 52.212-3 ALT I with RFP response: 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (May 2014) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) 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 SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (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 SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, 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 represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the 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 SAM 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - 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-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 -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- 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--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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-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-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-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-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-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--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-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-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 statute. 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 Labor Standards. (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 Labor Standards 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 the SAM 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) Alternate I (May 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. DFARS 252.201-7000, Contracting Officer's Representative DFARS 252.209-7993, Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law-FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0009) (FEBRUARY 2014) (a) In accordance with section 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action 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 the 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, (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) DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.212-7000, Offeror Representations and Certification-Commercial Items; DFARS 252.203-7003, Agency Office of the Inspector General DFARS 252.225-7001, Buy American Act and Balance of Payment Program; DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7021, Trade Agreements; DFARS 252.227-7015, Technical Data-Commercial Items; DFARS 252.232-7003, Electronic Submission of Payment Requests; DFARS 252.243-7002, Requests for Equitable Adjustment; DFARS 252.247-7024, Notification of Transportation of Supplies by Sea. DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate; DFARS 252.225-7035, Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate. DFARS 252.223-7008- Prohibition of Hexavalent Chromium DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the ``Web Based Training'' link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Invoice and Receiving Report COMBO ----------------------------------------------------------------------- (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination / Destination ----------------------------------------------------------------------- (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0248 Issue By DoDAAC N62645 Admin DoDAAC N62645 Inspect By DoDAAC N/A Ship To Code N00203 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N00203 DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the ``Send Additional Email Notifications'' field of WAWF once a document is submitted in the system. TBD ----------------------------------------------------------------------- (Contracting Officer: Insert applicable email addresses or ``Not applicable.'') (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. wawf@med.navy.mil ----------------------------------------------------------------------- (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) Risk Factor Performance Standard Acceptable Quality Level Monitoring Method Positive/Negative Incentives Equipment Function Equipment is able to successfully function as intended. 95% uptime Random Inspection When performance is below standard, Contractor will correct at no additional cost to the Government.. Contractor Response Time Contractor will respond (telephone) to service call within 24 hours and resolve issue to meet the requirement for 95% uptime. 95% Random Inspection COR will be notified if two or more occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Corrective Action Response On-site Corrective Maintenance completed within 72 hours of service request call, In Accordance With (IAW) Performance Work Statement (PWS). 95% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Service Reports Contractor will provide service reports detailing performed services. Reports will be received complete, on time, and comprehensive. 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Semi-Annual Preventative Maintenance Semi-annual Preventative Maintenance visits will be scheduled and accomplished, In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Preventative Maintenance On-site Service Order Preventative Maintenance On-site Service Order is completed and distributed appropriately, In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Equipment Replacement Report Equipment Replacement Report (can be component of both Corrective and Preventative Service Order Reports), In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Service Orders Findings & Actions Preventative/Corrective Service Orders contain Findings & Actions, In Accordance With (IAW) Performance Work Statement (PWS) 100% Random Inspection COR will be notified of occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS Updates Contractor will make necessary updates to equipment after OEM recalls/alerts without significantly affecting department workflow. 95% Random Inspection COR will be notified if two or more occurrences of sub-par performance. Payment will be adjusted IAW para 5.2 of the PWS OTHER CONTRACTING REQUIREMENTS Information Assurance (IA) Post-Accreditation Review An annual IA review shall be conducted that comprehensively evaluates existing policies and processes to ensure procedural consistency and that the IS continues to operate in the manner to which it was accredited. The annual review process should account for the analysis of projected policy needs, and produce a plan for development or implementation of new policies or processes. Personnel Security and User Access Control The contractor shall comply with DoDD 8500.1, "Information Assurance (IA)", DoD Instruction (DODI) 8500.2 "Information Assurance (IA) Implementation", DoDD 5400.11, "DoD Privacy Program", DoD 6025.18-R, DoD Health Information Privacy Regulation and DoD 5200.2-R, "Personnel Security Program Requirements". Contractor responsibilities for ensuring personnel security include, but are not limited to meeting the following requirements: Follow the Privacy Office guidelines for submittal of IT security clearances and ensure all contractor personnel are designated as IT-I, IT-II or IT-III where their duties meet the criteria of the position sensitivity designations. Because of the unique circumstances presented by DoD and DON networks, personnel security requirements shall be followed to ensure appropriate precautions are taken prior to allowing vendor personnel access to the network. Any vendor personnel that will be accessing the medical device/system while installed on the hospital network will be required to have a National Agency Check (NAC) completed. Typically, this requires an investigation to support a "Public Trust Position" and requires the person(s) to complete and submit a Standard Form 85P (SF85P), Questionnaire for Public Trust Positions, via the Electronic Personnel Security Questionnaire (EPSQ). Questions relating to SF85Ps and the EPSQ process may be directed to 1-888-282-7682 or online at http://www.dss.mil/index.htm. Contractor personnel accessing equipment connected to the hospital network will be required to complete a System Authorization Access Request-Navy (SAAR-N) (form OPNAV 5239/14). Copies of this form can be obtained from the Navy PACS Office. Additionally, contractor personnel are required to complete the annual DoD IA training requirements. The contractor shall initiate, maintain and document personnel security investigations appropriate to the individual's responsibilities and required access to Sensitive Information (SI). Immediately report to the appropriate Navy POC and deny access to any automated information system (AIS), network, or information if a contractor employee filling a sensitive position receives an unfavorable adjudication, if information that would result in an unfavorable adjudication becomes available, or if directed to do so by the appropriate Navy representative for security reasons. Ensure that all contractor personnel receive IA training before being granted access to DoD AIS's. Access to the medical devices will be limited to authorized users as determined by local policy. Vendors whose systems do not yet meet the requirement for CAC authentication must indicate their willingness to do so, and offer a timeline for compliance. Local Privileged and Administrative User/Local System Accounts Contractor shall create a single local user account with administrative/root level privileges for purposes of conducting system repairs and maintenance only. This account shall be separate and distinct from the built-in local administrative/root account provided by the Operating System and shall comply with DoD policy. All factors required to complete successful identification, authentication and authorization against the built-in local Administrative/Root level account shall be provided to the Naval Medical Treatment Facility Biomedical Engineering Department. Complete administrative system rights shall be provided to the government System Administrator for the purpose of conducting device vulnerability scans as needed. Navy Business to Business (B2B) Gateway All contractor systems that will communicate with DON systems will interconnect through the established Military Health System (MHS) Business to Business (B2B) gateway. For all Web applications, contractors will connect to the DISA-established Web DMZ.  Contractors will connect to the B2B gateway via a contractor procured Internet Service Provider (ISP) connection and assume all responsibilities for establishing and maintaining their connectivity to the B2B gateway. This will include acquiring and maintaining the circuit to the B2B gateway and acquiring a FIPS-140-2 Virtual Private Network (VPN)/Firewall device compatible with the MHS VPN device. Maintenance and repair of contractor procured VPN equipment shall be the responsibility of the contractor.  Contractors shall configure their network to support access to government systems (e.g., configure ports and protocols for access).  Contractors shall provide full time connections to a TIER1 or TIER2 ISP. Dial-up ISP connections are not acceptable.  Contractors will comply with DoD guidance regarding allowable ports, protocols and risk mitigation strategies Prior to accessing DON, all contractors will be required to complete a DISA Form 2875 System Authorization Access Request form (SAAR) and submit it to NMLC, Code 03, Imaging Informatics Division for processing. The contractor will be required to complete applicable DoD IA training. Health Insurance Portability and Accountability Act (HIPAA) The contractor shall comply with the HIPAA Act of 1996 (Public Law 104-191) requirements, specifically the administrative simplification provision s of the law and the associated rules and regulations published by the Secretary, Health and Human Services (HHS). This includes the Standards for Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information and the Security Standards. Business Associate Agreement In accordance with DoD 6025.18-R "Department of Defense Health Information Privacy Regulation" the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the HIPAA Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented. (a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DODI 6025.18-R. Individual has the same meaning as the term ``individual'' in 45 CFR 164.501 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. Protected Health Information has the same meaning as the term ``protected health information'' in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of The Government. Electronic Protected Health Information has the same meaning as the term "electronic protected health information" in 45 CFR 160.103. Required by Law has the same meaning as the term ``required by law'' in 45 CFR 164.501 and 164.103. Secretary means the Secretary of the Department of Health and Human Services or his/her designee. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C. Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304. (b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law. (c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract. (d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract. (e) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the Tricare Management Activity (TMA) Breach Notification Standard Operating Procedure (SOP), which is available at http://www.tricare.mil/tmaprivacy/breach.cfm (f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware. (g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware. (h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. (i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (j) The Contractor shall provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524. (k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government. (l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule. (m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (n) The Contractor shall provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. General Use and Disclosure Provisions Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, HIPAA the Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor. (b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached. (c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j) (1). Obligations of the Government Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions (a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520. (b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures. (c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522. Permissible Requests by the Government The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause. Termination (a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract. (b) Effect of Termination. (1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below (2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information. (3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information. Miscellaneous (a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section as in effect or as amended, and for which compliance is required. (b) Survival. The respective rights and obligations of Business Associate under the ``Effect of Termination'' provision of this Clause shall survive the termination of this Contract. (c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule CONTRACT ADMINISTRATION PLAN (CAP) In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned. 1. The Procuring Contract Office (PCO) is responsible for: a. All pre-award duties such as solicitation, negotiation and award of contracts. b. Any information or questions during the pre-award stage of the procurement. c. Freedom of Information inquiries. d. Changes in contract terms and/or conditions. e. Post award conference. 2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and DFARS 42.302 except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein. a. For purposes of this contract, the CAO and PCO will be Naval Medical Logistics Command. 3. The paying office is responsible for making payment of proper invoices after acceptance is documented. 4. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The COR duties are as follows: a. Technical Interface (1) The COR is responsible for all Government technical interface concerning the contractor and furnishing technical instructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements; milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract. The COR is the point of contact through whom the contractor can relay questions and problems of a technical nature to the PCO. (2) The COR is prohibited from issuing any instruction which would constitute a contractual change. The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor. b. Contract Surveillance (1) The COR shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross the line of personal services. The COR shall be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed. In such a situation, the COR's actions would be equivalent to using the contractor's personnel as if they were Government employees and would constitute transforming the contract into one for personal services. (2) The COR shall monitor contractor performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation. (3) The COR will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the COR should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and keeping the PCO advised of progress. (4) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated Information System (AIS). The initial CPAR, under an eligible contract, shall reflect evaluation of at least 180 days of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods should be ready at 1-year intervals thereafter. c. Invoice Review and Approval/Inspection and Acceptance (1) The COR is responsible for quality assurance of services performed and acceptance of the services or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR shall take into consideration all documentary information available and any information developed from personal observations. (2) The COR shall indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor. The COR shall be cognizant of the invoicing procedures and prompt payment due dates detailed elsewhere in the contract. (3) The COR will provide the PCO and the CAO with copies of acceptance documents such as Certificates of Performance. (4) The COR shall work with the Contractor to obtain and execute a final invoice no more than 60 days after completion of contract performance. The COR shall ensure that the invoice is clearly marked as a "Final Invoice." d. Contract Modifications: The COR is responsible for developing the statement of work for change orders or modifications and for preparing an independent Government cost estimate of the effort described in the proposed statement of work. e. Administrative Duties (1) The COR shall take appropriate action on technical correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, Government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports. (2) The COR shall maintain files on all correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all Government personnel visiting the contractor's place of business for the purpose of discussing the contract. (3) The COR shall take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation. f. Government Furnished Property: When Government property is to be furnished to the contractor, the COR will take the necessary steps to insure that it is furnished in a timely fashion and in proper condition for use. The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work. g. Security: The COR is responsible for ensuring that any applicable security requirements are strictly adhered to. h. Standards of Conduct: The COR is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions. i. Written Report/Contract Completion Statement. (1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement that services were received in accordance with the Contract terms and that the contract is now available for close-out. The report shall also include a statement as to the use made of any deliverables furnished by the contractor. (2) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a final Contractor Performance Assessment Report (CPAR) in the CPARS with 30 days of contract completion. (3) The COR is responsible for providing necessary assistance to the Contracting Officer in performing Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files. 5. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows: a. Identify contractor deficiencies to the COR. b. Review contract deliverables, recommend acceptance/rejection, and provide the COR with documentation to support the recommendation. c. Assist in preparing the final report on contractor performance for the applicable contract in accordance with the format and procedures prescribed by the COR. d. Identify contract noncompliance with reporting requirements to the COR. e. Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR with recommendations regarding acceptance, rejection, and/or Government technical clarification requests. f. Review invoices and provide the COR with recommendations to facilitate COR certification of the invoice. g. Provide the COR with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions. h. Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any interface between the TA and contractor. CONTRACTOR MANPOWER REPORTING The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil. CONTRACTOR SUPPORT NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the Small Business Administration's 8(a) program, and the Ability One Program, doing business under the authority of the Javits-Wagner O'Day Act(41 U.S.C. § 47). The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information. Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity. By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government's support contractor personnel in order to perform close out services.
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Place of Performance: Address: 693 Neiman Street, Fort Detrick, Maryland, 21702, United States; Zip Code: 21702
Record: SN03428619-W 20140719/140717235331-18c8a8a86101e7e646dab351e18470e4 (fbodaily.com)
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