Functional Magnetic Resonance Imaging Unit

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and FAR 13, Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation on an SF1449 will not be issued. The solicitation number is N6264518R0034. The solicitation is issued as a Request for Proposal (RFP). Provisions and clauses in effect through Federal Acquisition Circular 05-97 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 339112, with a small business size of 1,000 employees. All qualified vendors are encouraged to submit a proposal. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Each FMRI UNIT FFP FOB: Destination NET AMT STATEMENT OF REQUIREMENTS A. ESSENTIAL CHARACTERISTICS - FUNCTIONAL MAGNETIC RESONANCE IMAGING UNIT The Naval Medical Logistics Command (NMLC) has a requirement for one (1) functional magnetic resonance imaging (fMRI) unit for the Radiology Department of Naval Medical Center San Diego. The fMRI unit shall be capable of displaying stimuli to patients during MRI examinations to allow for fMRI testing. The fMRI unit shall be capable of use with MRI scanners up to 3.0 Tesla. The fMRI unit shall generate patient tasks used in fMRI examinations and engage patient participation in these tasks via a visual display. The unit shall include controls for the technician to conduct fMRI examinations. The unit shall synchronize MRI image acquisition with the fMRI stimuli to allow for functional analysis after the exam is complete. The unit shall include all software and hardware necessary for full system functionality. The offeror shall be responsible for providing clinician operator training for at least one (1) person. The offeror shall provide two (2) operator manuals. The power requirements are 115 VAC, 60 Hz. Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. B. CYBERSECURITY REQUIREMENTS Risk Management Framework (RMF) The contractor shall comply with RMF requirements, as specified by the Defense Health Agency (DHA) that meet appropriate DoD, DHA and Navy Cybersecurity requirements. The contractor shall initiate the process by providing the required documentation necessary to submit their system to the Authorizing Official (AO) for assessment and authorization (A&A) for all orders delivered against this contract. The requirements shall be met before the contractor's system is authorized to access DoD data or to interconnect with any DoD network or system that receives, processes, stores, displays or transmits DoD data. The contractor shall ensure the proper contractor support staff is available to participate in all phases of the RMF process. This includes, but is not limited to; Attending and supporting RMF and A&A meetings with Navy and DHA cybersecurity representatives as required. Support/conduct vulnerability mitigation to comply with cybersecurity controls listed in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53; Security and Privacy Controls for Federal Information Systems and Organizations and DHA Administrative Instruction 77. In order for a system to be authorized, there shall be zero Category 1 findings. Support the A&A Team during system security testing. Once the system has been authorized, the contractor shall maintain an acceptable security baseline consistent with the authorization granted by the AO throughout the life of the system. This includes ensuring that all vulnerabilities affecting the operating system, primary application, database and all third party software have validated and applied within 30 days. Cybersecurity The vendor shall establish appropriate administrative and technical safeguards to protect any and all data, to ensure the confidentiality, integrity, and availability of Government data under their control. At a minimum, this shall include provisions for vendor personnel security and electronic security. The proposed system shall be capable of supporting the use of Defense Information Systems Agency (DISA) approved antimalware applications. The Navy uses McAfee Host Based Security System (HBSS) as their solution. The vendor shall provide technical specifications that clearly demonstrate whether the proposed solution can integrate and support, either fully or partially the operation without performance degradation of the medical system/device. In cases where the operation of HBSS is not technically achievable, the vendor shall provide detailed justification and a Plan of Actions and Milestones (POA&M) describing steps towards compliance with this requirement. The vendor must provide their Antivirus (AV) policy and a list of AV Exceptions (if applicable) to the NMLC prior to AV installation on the system/device. AV must be installed on all devices before they are placed on the Navy network. Systems shall be configured in such a way to allow for the updating of malware definition signatures on a scheduled basis. Scanning shall encompass the entire system (file system, operating system, real-time processes), by default. In cases where scanning of the entire system may negatively affect its operation, the vendor shall provide a detailed list of exclusions with justifications. Vulnerability Management Vulnerability mitigation strategies include security updates, service packs, and changes to operating procedures as physical and cyber vulnerabilities are detected. Operating systems, servers, development platforms and the application being delivered to the Navy shall be in compliance with all known applicable guidelines. The vendor shall agree to be proactive in working with the Navy to mitigate new threats as they emerge. All vendor validated and approved patches, up to and including the date of install, must be loaded on the system prior to system go-live. Security scans will be run during government acceptance testing. All Category I (CAT I) findings must be remediated prior to government acceptance of the system. A CAT I vulnerability is any vulnerability, the exploitation of which will, directly and immediately result in loss of Confidentiality, Availability, or Integrity. There shall be no more than 10 Category II (CAT II) findings at the time of government acceptance. CAT II vulnerabilities are any vulnerability, the exploitation of which has a potential to result in loss of Confidentiality, Availability, or Integrity. Domain Name System Realm/Directory Services Contractor will be required to provide technical evidence, if applicable, whether client/server topology based medical systems can integrate with Directory Services and support LDAP authentication. 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 MTF 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. DHA Business to Business (B2B) Gateway. All contractor systems that will communicate with DON systems will interconnect through the established DHA Business to Business (B2B) gateway. 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 Virtual Private Network (VPN) device compatible with the DHA 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 DoD/DHA networks. All contractors will be required to complete a DISA Form 2875, System Authorization Access Request form (SAAR) and submit it to the Navy PACS Office for processing. Contractor personnel will be required to complete applicable DoD cybersecurity training. IPv6 The proposed system shall be Internet Protocol version 6 (IPv6) capable or the vendor shall provide a detailed project, migration or planning documentation to show when the proposed system shall be IPv6 capable. Minimum IPv6 capabilities include: Conformant with the IPv6 standards profile contained in the DoD IT Standards Registry (DISR); Maintaining interoperability in heterogeneous environments with IPv4; Commitment to upgrade as the IPv6 standard evolves; Availability of vendor IPv6 technical support. The contractor shall be able to demonstrate or provide documentation to prove that their product is IPv6 capable 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. Applicable References: DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT) NIST SP 800-37 Guide for Applying the Risk Management Framework to Federal Information Systems of February 2010, as amended NIST SP 800-53 Security and Privacy Controls for Federal Information Systems and Organizations, of 30 April 2013, as amended DoD Instruction 500.01 of 14 March 2014, DoD Cybersecurity DHA Administrative Instruction 77 of 28 May 2015 DoD Instruction 6025.18-R, DoD Health Information Privacy Regulation DoD Instruction 8580.02, Security of Individually Identifiable Health Information in DoD Health Care Programs INSTRUCTIONS TO OFFERORS Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items (Jan 2017) This section specifies the format and content that offerors shall use in response to this RFP. Offerors shall submit a response that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided shall be precise, factual and complete. Legibility, clarity, completeness and responsiveness are important. Proposals shall be in the form prescribed by, and shall contain a response to, each of the areas identified below. Any proposal which does not meet the requirements of the solicitation may be determined to be substantially incomplete and may result in rejection of the offeror's entire proposal. The proposal shall be submitted in three separate volumes: Volume I* - Technical Volume II* - Past Performance Volume III - Business *No pricing information shall be included in Volumes I or II A complete Volume I - Technical; Volume II - Past Performance; and, Volume III - Business shall be submitted no later than the closing date and time specified under "File Submission" below. If any one proposal volume is received past the stated closing date, the entire proposal will be considered late. No further consideration will be given to any offeror who submits any of the volumes late in accordance with FAR 15.208(b). Volume I - Technical. The offeror shall include the following: Conformance to Essential Characteristics - Evaluation shall include ability to meet the essential characteristics of this requirement. Offerors not meeting all requirements will not be further considered for award unless there are no other technically acceptable offerors. This will be rated either Pass or Fail. Design Quality and Capability - The Government will evaluate the design, quality, and capabilities of the proposed systems to provide patient stimuli during magnetic resonance imaging (MRI) procedures and synchronize the timing of stimuli with image capture. Cybersecurity Requirements - The Government will evaluate the capability of the proposed system to meet Navy Cybersecurity requirements. This evaluation will be based on the information provided in the completed Medical Device Risk Assessment (MDRA) Questionnaire (C&A Questionnaire form) found at http://www.med.navy.mil/sites/nmlc/Pages/DBU-RFP.aspx. Page limitation for Volume I - Technical: The total number of pages submitted for Volume I (Technical) shall not exceed 20 pages, excluding the MDRA questionnaire, cover letter, title page and table of contents. If Volume I contains more than 20 pages, only the first 20 pages will be evaluated. Volume II - Past Performance. The offeror shall include the following: The Government will evaluate the offeror's recent relevant past performance record as to (1) the functional performance of the proposed or similar functional MRI units that the offeror has delivered to previous customers, and (2) the quality and timeliness of the technical assistance and hardware and software updates/upgrades that the offeror has supplied to its customers following the initial fielding of those systems. 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. The Government is likely to randomly select references provided for contact and does not commit to contact every reference. Offerors shall provide past performance data for all similar contracts for the last 3 years, up to 3 data points, or 3 data points for delivery starting with the most recent contracts for which delivery occurred at least 3 months prior to the closing of this solicitation. If the offeror does not possess relevant past performance, the offeror shall submit a statement affirming that it possesses no relevant Past Performance. Data for each reference shall include: - Organization/Location - Point of Contact (POC)/Title/Phone Number/Email Address - Contract Number - Contract Start Date - Value of the Contract (rounding to the nearest $5k is acceptable) - Whether the POC has agreed to be contacted as a reference? Page limitation for Volume II - Past Performance: The total number of pages submitted for Volume II (Past Performance) shall not exceed three (3) pages, excluding a cover letter, title page and table of contents. If Volume II contains more than three (3) pages, only the first three (3) pages will be evaluated. Volume III - Business. The offeror shall include the following: Completed Clause 52.209-11 [Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Feb 2016)]. Acknowledgement of solicitation number N6264518R0034 as well as all amendments, if applicable. Price - Adequate price competition is expected for this acquisition. Offeror shall submit pricing, reflective of all equipment, components, training, etc. specified in the essential characteristics. Offeror shall include estimated timeframe, after receipt of contract, for delivery. Offerors shall be registered in the System for Award Management (SAM) database in accordance with FAR 52.212-3. The offeror shall verify its online representations and certifications are current, accurate, complete and applicable to this solicitation as of the date of its proposal and are incorporated in its proposal by reference. The offeror shall also be registered in SAM under the applicable NAICS code for this solicitation, 339112. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/. No documentation is required to be submitted in response to this paragraph. Questions Any questions must be addressed to Letitia Shirey at Letitia.r.shirey.civ@mail.mil, via e-mail only, no later than 1300 local time, Monday, 16 Apr 2018. No phone calls will be accepted. File Submission Any questions must be addressed to Letitia Shirey at Letitia.r.shirey.civ@mail.mil, via e-mail only, no later than 1300 local time, Thursday, 10 May 2018. Subject line should read: Solicitation #N6264518R0034 Emails shall be no larger than 10 MB The Technical, Past Performance and Business volumes shall be submitted via e-mail only. Files shall be in Microsoft Word, Microsoft Excel or Adobe PDF only. All proposals shall include the following information on its cover page: - Complete company name and address - Company POC including title, email address and phone number - Cage Code - DUNS Number - Place of Manufacture Delivery NMC San Deigo Receiving Loading Dock 1 34800 Bob Wilson Drive San Diego, CA 92134-5000 The Contracting Officer reserves the right to adjust the start date of the contract based on the actual award date. BASIS FOR AWARD The government intends to award one (1) firm-fixed price contract resultant from the issuance of this solicitation to the responsible offeror submitting a proposal that is determined most advantageous to the Government, price and other factors considered. Awards under this procurement will be made to the offeror determined to be the best value to the Government. The evaluation of proposals will be based on the following factors: Volume I: Technical Evaluation Factor A: Conformance to the Statement of Requirements Evaluation Factor B: Conformance to Cybersecurity Requirements Evaluation Factor C: Design Quality and Capability Volume II: Past Performance Evaluation Factor D: Past Performance Volume III: Business Evaluation Factor E: Price Relative Importance of Factors. The relative importance of each factor is as follows: Evaluation Factor A and Evaluation Factor B will be evaluated, individually, on a pass/fail basis. If an offeror's technical proposal is determined to have failed under Evaluation Factors A or B, either initially or following discussions if they are conducted, the offeror's proposal will receive no further consideration for award unless there are no other technically acceptable proposals. If an offeror's technical proposal is determined to have passed Evaluation Factors A and B, then the offeror's proposal will be further evaluated on a trade-off basis taking into consideration evaluation Factors C through E. In doing so, Factor C - Design Quality and Capability is more important than Factor D - Past Performance. The combination of Evaluation Factors C and D will be more important than Factor E - Price. Since an award will be made on a best value basis, the Contracting Officer reserves the right to award to other then the lowest priced offeror providing the prices are determined fair and reasonable. The Government intends to evaluate proposals and award a single contract without discussions with offerors. Offerors are therefore cautioned that their initial proposal should contain the offeror's best terms. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The evaluation factors for Technical, Past Performance and Price are listed below; proposals shall include sufficiently detailed information to enable evaluation based on the following factors: Volume I - Technical. Evaluation Factor A: Conformance to the Essential Characteristics - Evaluation shall include ability to meet the essential characteristics of this requirement. Offerors not meeting all requirements will not be further considered for award unless there are no other technically acceptable offerors. This will be rated either Pass or Fail. Evaluation Factor B: Conformance to Cybersecurity Requirements - The Government will evaluate the capability of the proposed system to meet Navy Cybersecurity requirements. This evaluation will be based on the information provided in the completed Medical Device Risk Assessment (MDRA). Evaluation Factor C: Design Quality and Capability - The Government will evaluate the design, quality, and capabilities of the proposed systems to provide patient stimuli during magnetic resonance imaging (MRI) procedures and synchronize the timing of stimuli with image capture. The Government will not assume that the offeror possesses any capability or knowledge unless it is specified in the Technical volume. Volume II - Past Performance. Evaluation Factor D: Past Performance - The Government will evaluate the offeror's recent relevant past performance record as to (1) the functional performance of the proposed or similar functional MRI units that the offeror has delivered to previous customers, and (2) the quality and timeliness of the technical assistance and hardware and software updates/upgrades that the offeror has supplied to its customers following the initial fielding of those systems. 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. The Government is likely to randomly select references provided for contact and does not commit to contact every reference. Offerors shall provide past performance data for all similar contracts for the last 3 years, up to 3 data points, or 3 data points for delivery starting with the most recent contracts for which delivery occurred at least 3 months prior to the closing of this solicitation. The data shall include Organization/Location, POC/Number/Email, Contract Reference Number, Contract Date, Value of the Contract (rounding to the nearest $5K is acceptable), and "Has the POC agreed to be contacted as a reference?"? Volume III - Business. Evaluation Factor E: Price - Adequate price competition is expected for this acquisition. The Business volume will be evaluated with consideration to the following factors: COMPLETENESS. The offeror's Business volume will be examined to ensure all items required in the Instructions to Offeror's have been submitted and are complete. REASONABLENESS. The offeror's proposed price will be evaluated separately to determine the degree to which the total proposed price compares to the price a reasonable prudent person would expect to incur for the same or similar equipment. The offeror's total proposed price will be used to evaluate price reasonableness. Since awards will be made on a best value basis, the Contracting Officer reserves the right to award at a premium, provided that the proposed price is determined to be reasonable. In accordance with FAR 15.306(c), "Competitive Range", the Government will evaluate all proposals and, if discussions are to be conducted, the Government will establish a competitive range. Based on the ratings of each proposal against all evaluation criteria, the Contracting Officer will establish a competitive range comprised of all the most highly rated proposals. The Contracting Officer may further reduce the competitive range for purposes of efficiency. ADMINISTRATIVE INFORMATION The point of contact for administrative concerns for this order at Naval Medical Logistics Command, 693 Neiman Street, Fort Detrick, MD 21702 is Letitia Shirey, 301-619-1103, letitia.r.shirey.civ@mail.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. INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 30-MAY-2018 1 NAVAL MEDICAL CENTER SAN DIEGO RECEIVING LOADING DOCK 1 34800 BOB WILSON DRIVE SAN DIEGO CA 92134-5000 FOB: Destination N00259 CLAUSES INCORPORATED BY REFERENCE 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation JAN 2017 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management OCT 2016 52.204-8 Annual Representations and Certifications JAN 2018 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations JUN 2015 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations JUN 2015 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2017) DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea AUG 1992 252.247-7023 Transportation of Supplies by Sea APR 2014 CLAUSES INCORPORATED BY FULL TEXT 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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 ...