Inactive Total Small Business Set-Aside (FAR 19.5)

NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures f... NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued. The solicitation number is HT941024Q2071. It is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 effective 05/22/2024 and Defense Federal Acquisition Regulation Supplement (DFARS) change 05/22/2024. The North American Industry Classification System (NAICS) Code for this acquisition is 811310. The size standard is $12,500,000. The Product Service Code (PSC) is Q511. Market research has determined this requirement will be solicited as a Small Business set-aside on SAM.gov. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. Naval Medical Center San Diego requests responses from qualified sources capable of providing the following services that must meet the requirements in the attached PWS: The request is to provide all services, labor, parts, materials, and equipment necessary for the service and maintenance of the AmeriWater Reverse Osmosis (RO) Water Treatment System and VIQUA Ultraviolet (UV) Water Disinfection System located in the Ophthalmology Department at Naval Medical Center San Diego (NMCSD). This requirement is a base plus four (4) option years of service. Services required: CLIN 0001: AmeriWater Reverse Osmosis (RO) Water Treatment System Preventative Monthly Maintenance Period of performance (POP): 19 August 2024 thru 18 August 2025. Unit Price: ____________ Total CLIN Price: ____________ CLIN 0002: VIQUA Ultraviolet (UV) Water Disinfection System Preventative Monthly Maintenance Period of performance (POP): 19 August 2024 thru 18 August 2025. Unit Price: ____________ Total CLIN Price: ____________ CLIN 1001: AmeriWater Reverse Osmosis (RO) Water Treatment System Preventative Monthly Maintenance Period of performance (POP): 19 August 2025 thru 18 August 2026. Unit Price: ____________ Total CLIN Price: ____________ CLIN 1002: VIQUA Ultraviolet (UV) Water Disinfection System Preventative Monthly Maintenance Period of performance (POP): 19 August 2025 thru 18 August 2026. Unit Price: ____________ Total CLIN Price: ____________ CLIN 2001: AmeriWater Reverse Osmosis (RO) Water Treatment System Preventative Monthly Maintenance Period of performance (POP): 19 August 2026 thru 18 August 2027. Unit Price: ____________ Total CLIN Price: ____________ CLIN 2002: VIQUA Ultraviolet (UV) Water Disinfection System Preventative Monthly Maintenance Period of performance (POP): 19 August 2026 thru 18 August 2027. Unit Price: ____________ Total CLIN Price: ____________ CLIN 3001: AmeriWater Reverse Osmosis (RO) Water Treatment System Preventative Monthly Maintenance Period of performance (POP): 19 August 2027 thru 18 August 2028. Unit Price: ____________ Total CLIN Price: ____________ CLIN 3002: VIQUA Ultraviolet (UV) Water Disinfection System Preventative Monthly Maintenance Period of performance (POP): 19 August 2027 thru 18 August 2028. Unit Price: ____________ Total CLIN Price: ____________ CLIN 4001: AmeriWater Reverse Osmosis (RO) Water Treatment System Preventative Monthly Maintenance Period of performance (POP): 19 August 2028 thru 18 August 2029. Unit Price: ____________ Total CLIN Price: ____________ CLIN 4002: VIQUA Ultraviolet (UV) Water Disinfection System Preventative Monthly Maintenance Period of performance (POP): 19 August 2028 thru 18 August 2029. Unit Price: ____________ Total CLIN Price: ____________ The service and maintenance of the AmeriWater Reverse Osmosis (RO) Water Treatment System and VIQUA Ultraviolet (UV) Water Disinfection System shall be performed at Naval Medical Center San Diego 34800 Bob Wilson Drive San Diego, CA 92134 located in the Ophthalmology Department. DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) (a) In accordance with CNICMEMO dated May 5, 2017, individuals currently using an NCACS credential for Installation access are required to switch to a DBIDS no later than 14 August 2017. After 14 August 2017, the NCACS credential will no longer be valid for access to Navy Installations. (b) NCACS users may visit the local Navy Installation Visitor Control Center to obtain a DBIDS credential. To ensure uninterrupted Installation access, current NCACS credential holders are encouraged to shift to the DBIDS credential as soon as possible as Navy does not have the ability to extend this deadline. There are no fees incurred by the contractor, vendor, or supplier to obtain a DBIDS credential. (c) Individuals who apply for NCACS credentials during the period of 17 April through 31 May 2017 must also obtain DBIDS credentials. NCACS credentials issued after 17 April 2017 will no longer be accepted without an accompanying DBIDS credential for Navy Installation access. (d) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website: https://www.cnic.navy.mil/om/dbids.html For more information or to enroll in the DBIDS Program call: 1.202.433.4784. For Naval Base San Diego Pass and Decal Office, call: 1.619.556.1653 For Marine Corp Air Command Combat Center 29 Palms, Security Pass and Decal Office, call: 1.760.830.7700 (e) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP. This acquisition incorporates by reference FAR provisions and clauses to include the following DFARS provision and clauses: 252.201-7000 Contracting Officer’s Representative (Jan 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) 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.204-7016 Covered Defense Telecommunications Equipment Or Services—Representation (Dec 2019) 252.204-7017 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services—Representation (Dec 2019) 252.204-7018 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services (Dec 2019) 252.204-7024 Notice of the use of the Supplier Performance Risk System (MAR 2023) 252.215-7007 Notice of Intent to Resolicit (MAR 2022) 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7048, Export-Controlled Items (Jun 2013) 252.225-7055, Representation Regarding Persons that have Business Operations with the Maduro Regime (May 2022) 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.246-7003 Notification of Potential Safety Issues (Jun 2013) 252.247-7023 Transportation of Supplies by Sea—Basic (Feb 2019) See Attachment A: Provisions and Clauses for additional separate list of provisions and clauses incorporated by reference and by full text apply to this acquisition. The following FAR provisions and clauses incorporated by full text apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 750 employees, or 150 employees for information technology value-added resellers under NAICS code 326199, if the acquisition— (1) Is set aside for small business and has a value above the simplified acquisition threshold; (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by— (i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services The following is inserted as new paragraph (m) of the provision: (m) QUOTER INSTRUCTIONS The Government intends to award a firm-fixed-price (FFP) contract resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all of the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award. Questions Due Date and Submission Requirements: All questions must be received by Friday, 2 August 2024, at 0800, Pacific Time. Questions must be submitted by email to mildred.k.pollard-hueitt.civ@health.mil and include HT941024Q2071 on the Subject line in all inquiries. Questions may be addressed at the discretion of the Government. RFQ Due Date and Submission Requirements: This RFQ closes on Monday, 12 August 2024, at 1600, Pacific Time. Quotes must be emailed to the Contract Specialist mildred.k.pollard-hueitt.civ@health.mil use HT941024Q2071 in the subject line of the email and ensure there is receipt confirmation from the aforementioned Contract Specialist. Quoters are instructed to electronically submit their complete quotation in one (1) single file, formatted in Portable Document Format (PDF) with a .pdf file. - FACTOR 1: Technical Capability: The Quoter ability to meet the required services. Evaluations will be based on vendors meeting the task descriptions in the attached PWS. - FACTOR 2: Past Performance: provide two (2) references with the point of contact name, telephone number, e-mail address, and contract number, for which you have provided RECENT and RELEVANT delivery of similar services required in this solicitation within the last 3 years. Past performance will be evaluated based on references and information from authorized government past performance systems and resources. RECENT is defined as having delivered similar services in the last three years. RELEVANT is defined as having delivered similar maintenance agreements as specified in the SOW. Past performance information not meeting the above criteria will not be used for evaluation. - FACTOR 3: Price: The Quoter shall submit a firm-fixed-price for all contract line-item numbers (CLINs) identified. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award. - Completed Provisions: Quoters shall be registered in the System for Award Management (SAM) with the appropriate NAICS code and completed representations and certifications and shall not have any active exclusions listed within SAM. Additionally, the Quoter shall include one (1) copy of the following FAR provision(s) located within this RFQ that shall be completed and included with the quote if not already completed in SAM: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) (End of provision) 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and non-price factors considered. The source selection method is the Best Value for the Government. The award will be made on the basis of the Best Value for the Government of proposals meeting or exceeding the acceptability standards for non-cost factors. The following factors shall be used to evaluate quotes: Technical Capability Past Performance Price Technical Capability will be rated on an Acceptable/Unacceptable basis, and Past Performance will be more important than price. To receive consideration for award, quoters must achieve a minimum rating of Acceptable for Factor 1, a minimum rating of “Satisfactory Confidence” or “Neutral Confidence” for Factor 2, and a Price that is determined Fair and Reasonable by the Contracting Officer for Factor 3. (b) Options: FAR 52.217-9 Option to Extend the Term of the Contract and FAR 52.217-8 Option to Extend Services (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services The following is inserted as new paragraph (d) of the provision: (d) EVALUATION FACTORS FOR AWARD Contract award shall be made on a “Past Performance Price Tradeoff” basis. This process allows for a tradeoff between past performance and price and allows the Government to accept other than the lowest priced quote or other than the highest rated quote to achieve a best-value contract award. This may result in an award to a higher-rated, higher-priced quote if the Government determines that the past performance of the higher-priced quote outweighs the price difference. The selection process is subjective by nature and professional judgment is implicit throughout the tradeoff process. The Quoter’s technical capability will be evaluated to determine if it is acceptable or unacceptable in accordance with the evaluation criteria stated in this RFQ. If a Quoter’s technical capability is determined to be unacceptable, the Quoter will no longer be considered for award. If a Quoter’s past performance is determined to be Limited Confidence or No Confidence, the Quoter will no longer be considered for award. Award will be made to the Quoter providing a quote that is deemed most advantageous to the Government, whose technical capability has been determined to be “Acceptable” and trading off past performance against price. Non-price factors when combined are more important than price. The Government intends to award based on initial quotes. Notwithstanding this intent, the Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the Government, a matter within their discretion. Factor I – Technical: The Government will evaluate the quote to see if specification requirements, as defined above are met, to include all information required for a complete quote. Technical capability statements will be evaluated as: TECHNICAL CAPABILITY EVALUATION FACTORS ACCEPTABLE Quote clearly meets ALL of the specification requirements of the solicitation and ability to comply with the Consignment Agreement. UNACCEPTABLE Quote does not clearly meet ALL the specification requirements of the solicitation and/or inability to comply with the Consignment Agreement. If a quote is rated Unacceptable in Technical Factor 1, the quote will no longer be eligible for award nor be evaluated in any remaining Factors. Factor II – Past Performance: The Government will evaluate past performance by reviewing Offeror’s submitted past performance information and other sources that may include, but are not limited to, information from Government personnel and information from the Government websites Supplier Performance Risk System (SPRS) or CPARS as stated above for basis for award. The past performance evaluation results in an assessment of the Offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each Offeror’s demonstrated recent and relevant record of performance in delivering/supplying products that meet the contract’s requirements. The recency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. The past performance confidence assessment rating is based on the offeror’s overall record of recency, relevancy, and quality of performance. These are combined to establish one performance confidence assessment rating for each Offeror. Past Performance Evaluation Factors Adjectival Rating Description Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully deliver required services. Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully deliver required services. Neutral Confidence No recent/relevant performance record is available, or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance. Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully deliver required services. No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully deliver required services. If a quote is rated Limited Confidence or No Confidence in Technical Factor 2, the quote will no longer be eligible for award nor be evaluated in any remaining Factors. Factor III – Price: The Government will evaluate the total price, to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. Each technically acceptable Offeror’s price list will be evaluated by the Government to determine the reasonableness of prices for offered services by using one or more of the following price analysis methods which may include: - Comparison of quoted prices received in response to the solicitation. - Comparison of quoted prices with the independent Government estimate. - Comparison of quoted prices with available historical information. - Comparison of market research results. An Offeror’s pricing must be determined to be fair and reasonable to be eligible for award. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 1 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST L.[X].1 The Offeror’s attention is directed to FAR, Part 3 and DFARS, Part 203, “Improper Business Practices and Personal Consultant Conflicts of Interest.” L.[X].2 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) (a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) L.[X].3 Use of Former DoD/Defense Health Agency (DHA) Employees and Uniformed Service Members in Proposal Preparation. The involvement of a former DoD/DHA employee/member in an offeror’s proposal preparation ma...