MOD | D | USCG C4IT SC Information Technology Information Assurance Security Management Services - Amendment 1

FBO DAILY ISSUE OF JANUARY 13, 2011 FBO #3337
MODIFICATION

D -- USCG C4IT SC Information Technology Information Assurance Security Management Services - Amendment 1

Notice Date: 1/11/2011
Notice Type: Modification/Amendment
NAICS: 541519 — Other Computer Related Services
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, U.S. Coast Guard Headquarters (CG-912), 1900 Half Street, SW, Washington, District of Columbia, 20593-0001
ZIP Code: 20593-0001
Solicitation Number: HSCG79-11-R-123456
Archive Date: 2/10/2011
Point of Contact: Cherish D Driver, Phone: 703-313-5382, Bruce D Eades, Phone: 202-475-3252
E-Mail Address: cherish.d.driver@uscg.mil, bruce.d.eades@uscg.mil
(cherish.d.driver@uscg.mil, bruce.d.eades@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: Amendment ONE - Extension of Offer Due Date AMENDMENT ONE TO RFP HSCG79-11-R-123456 The purpose of this Amendment One to RFP HSCG79-11-R-123456 is to extend the RFP Offer Due Date from 17 January to 26 January 2011. E.6 Offer Due Date and Offeror Submission Address It is the offeror's responsibility to ensure their offer is received (in total) by the proposal DUE DATE OF January 26, 2011 by 2PM Eastern Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered. All proposals shall be submitted in sufficient time to ensure it reaches the Contracting Officer prior to the deadline of January 26, 2011. Please note: the reliance of using regular mail or Federal Express may cause "unexcusable" delays due to the DHS mail delivery system. Proposals shall be mailed/hand-delivered to the following address: DIRECTOR ATTN: CHERISH DRIVER/CONTRACTING OFFICER/CG-C4IT U.S. COAST GUARD 7323 TELEGRAPH ROAD STOP 7340 ALEXANDRIA VA 22315 his is a combined Synopsis/Solicitation as a 100% Small Business Set-Aside for commercial items or services prepared in accordance with the format in FAR 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested; and a separate written solicitation will not be issued with this combined synopsis/solicitation. This solicitation is issued as a Request for Proposal (RFP), solicitation number HSCG79-11-R-123456, in accordance with FAR 12 to provide the U.S. Coast Guard (USCG) Information Assurance (IA) Division with the necessary service support to assist the United States Coast Guard (USCG) IA in one or more of the areas of Coast Guard Computer Incident Response Team (CGCIRT), Certification and Accreditation (C&A), Secure Communications Services (SECCOMMS) and training to the United States Coast Guard Command, Control, Communications, Computer Information Technology (IT) Service Center (C4IT SC). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-47 effective December 13, 2010. The North American Industrial Classification System (NAICS) number is 541519 and the business size standard is $25M annual revenue. Please note, the NAICS number has been changed from 517911 as provided in the Pre-Solicitation Notice HSCG79-10-I-123456 to 541519. The decision to change the NAICS was based on responses to the Pre-Solicitation Notice and concerns that NAICS 517911 was not the appropriate code for these types of services. Multiple Award IDIQ Contracts will be awarded to up to three (3) small business companies. The ordering period for all task orders issued under these ID/IQ contracts will be five (5) years. Multiple Award Task Orders will be issued upon award of the IDIQ Contracts as Firm-Fixed Price Task Orders. The Indefinite Delivery/Indefinite Quantity (IDIQ) Contract Performance Work Statement (PWS) is hereby attached as a separate document (See Attachment I) for all products/services to be provided under this requirement. Product or Service Description: The contractor is required to have the knowledge, experience and an understanding of Federal government security regulations, policies, and procedures governing Windows operating systems, Microsoft Windows Server 2008 enterprise server operating system, Microsoft Exchange Server 2003 email server and Microsoft Professional Office 2007 Suite. Contractor shall implement and utilize industry standards and non-proprietary tools that support Information Technology (IT) Security Management Services on the classified and unclassified IT infrastructure. This includes tools available under Enterprise License Agreements (ELAs) as identified in the PWS. The Contractor will work with the USCG IA representatives to provide support to assist the United States Coast Guard (USCG) in one or more of the areas of CGCIRT, C&A, Secure Communications, and IA related training to the USCG IA Division with the necessary service support to assist the United States Coast Guard (USCG) in one or more of the technical areas of Coast Guard Computer Incident Response Team (CGCIRT), C&A, Information System Security (ISS), Secure Communications Services (SECCOMMS) and IT Security training. The Contractor shall provide technical and security management services for the area of CGCIRT to include network administration, information systems security and systems security analysis; C&A, conduct IT evaluations and assessments, and perform documentation support services for the area of C&A; provide TEMPEST Field Technical Authority (FTA) support for the area of SECCOMMS; and related IA training support in all areas. Tasks shall be performed to address the protection of all USCG systems and information they contain, which shall include the USCG IT infrastructure directly and indirectly connected systems. All required USCG IT IA Security Management project management and support services required will be described in the IDIQ's performance work statement. The IDIQ Contract(s) will include a full range of technical services necessary to manage, operate, and maintain the CG's IT security network infrastructure. The IDIQ(s) will not preclude the use of other contracting vehicles to meet specific CG needs. The Contractor may play a support role in the capacity of a subject matter expert; however, none of the information or technical support services provided under the IDIQ(s) will entail activities that require either the exercise of discretion in applying CG authority, or the making of value judgment decisions for the CG. The following technical services are required to support the USCG IA Division: •CGCIRT: The Contractor shall provide technical and security management services to the CGCIRT. The services shall include providing network security administration and systems security analysis. The Contractor shall support CGCIRT in the development of work schedule to ensure there is full coverage of watchstanders 24x7x365. The Contractor shall provide continuous monitoring of firewall logs, Intrusion Detection System (IDS), Host Based Security System (HBSS), and systems logs. •Secure Communications: The Contractor shall provide TEMPEST Field Technical Authority (FTA) support for the area of Secure Communications Services (SECCOMMS) and maintain TEMPEST files for all CG afloat, Ashore and aviation units. •Information Systems Security: The Contractor shall provide support as an Information System Security Assistant (ISSA) or Information Systems Security Officer (ISSO), make draft recommendations to the Information System Security Officer (ISSO) in policy, and analyze and implement the Information Operations Condition (INFOCON) levels in order to maintain the USCG's connectivity to the Global Information Grid (GIG). •C&A Documentation Support: In accordance with DHS Management Directives 4300A (Series) and 4300B (Series), Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information System and DODI 8510.bb, Defense Information Assurance Certification and Accreditation Program (DIACAP), the Contractor shall provide services in support of Certification and Accreditation. In addition to providing these services, the Contractor shall also provide the findings and supporting documentation to complete security certification and security accreditation packages. •IA Training Support: The Contractor shall support the USCG in providing training in the areas of Information Systems Security (ISS) and related Information Assurance training programs. SECTION B: SUPPLIES AND SERVICES B.1 LABOR CATEGORIES AND LABOR RATES CONTRACT LINE ITEMS: This contract schedule consists of fixed price labor line items priced on an Indefinite Delivery, Indefinite Quantity basis. The Contractor shall provide all services necessary to perform Task Orders in accordance with the Performance Work Statement (PWS) - Attachment I. The Firm-Fixed Price (FFP) and Other Direct Costs (ODCs) (Travel) table below represents all CLINS. The fully-burdened labor rates are inclusive of all contract prices, except for Other Direct Costs (ODCs). ODCs will be incorporated into individual task orders that are issued under this contract. The Contract Line Item Number (CLIN) structure shall consist of two (2) CLINs per year for a five (5) year period of performance. Offerors shall use Attachment II - IT IA Pricing Table to provide pricing for the CLINs provided below: CLIN DESCRIPTION QTY/Unit of Issue AMOUNT 00001 - BASE YEAR Labor IAW Task Orders 1 JB $_________ 00002 - BASE YEAR *NTE Travel $ $75,000.00 10001 - OPTION YR 1 Labor IAW Task Orders 1 JB $_________ 10002 - OPTION YR 1 *NTE Travel $ $75,000.00 20001 - OPTION YR 2 Labor IAW Task Orders 1 JB $_________ 20002 - OPTION YR 2 *NTE Travel $ $75,000.00 30001 - OPTION YR 3 Labor IAW Task Orders 1 JB $_________ 30002 - OPTION YR 3 *NTE Travel $ $75,000.00 40001 - OPTION YR 4 Labor IAW Task Orders 1 JB $_________ 40002 - OPTION YR 4 *NTE Travel $ $75,000.00 *NTE Travel TOTAL [5 YEAR PERIOD OF PERFORMANCE] $375, 000.00 *Note: All Task Orders shall be issued on a Firm-Fixed Price basis. *Note: The Not-To-Exceed Cost Reimbursable Travel estimate for the five year ordering period under this IDIQ is estimated at $375,000.00. The annual NTE Travel estimate of $75,000.00 is included for evaluation purposes only. Other than detailed in Section B.1 above and Attachment II, Offerors shall not propose travel costs. B.1.1 Minimum Dollar Guarantee and Maximum Contract Limitation The Information Technology Information Assurance Security Management Services' Contract(s) will possess a minimum contract value of $25,000.00 per contract and a maximum contract value of up to $60 million. However, no more than a total of $60 million will be obligated under the IDIQ contract(s), defined as the total summation of orders issued during the life of all Information Technology Information Assurance Security Management Services' IDIQ contract(s). The ordering period is five (5) years from the date of award. B.2 PERFORMANCE WORK STATEMENT. The Contractor shall perform work as discussed generally in section (IDIQ PWS - Attachment I), and detailed work performed under each Task Order (TO) issued. This contract is being entered into pursuant to FAR 12 - Acquisition of Commercial Items/Services. The NAICS Code for this procurement is 541519. Tasking under the Information Technology (IT) Information Assurance (IA) Security Management Services Firm-Fixed-Price IDIQ Contract(s) will address all requirements and technical capabilities necessary to provide the USCG C4IT Service Center IT Information Assurance (IA) Division the full range of C4IT IT Information Assurance (IA) Security Management support services. B.3 PRICING CONTRACT IDIQ MINIMUM AND MAXIMUM VALUE The minimum and maximum values of the IDIQ contract(s) are $25,000.00 and $60 Million respectively. B.4 CONTRACT TYPE AND ORDERING This is an indefinite Delivery/Indefinite Quantity contract. The Contractor shall follow the procedures contained in Section C. using Attachment II - IT IA Pricing Table and in Section B.1. Each Task Order Request for Proposal (RFP) shall be identified as a firm-fixed price task order. B.5 Ordering Period The total ordering period for all task orders issued under this ID/IQ is five (5) years from the date of contract award. B.5.A Year 1 Ordering Period CLINS 00001-00002 Year 1 Ordering period is date of award through 29 February 2012. B.5.B Year 2 Ordering Period CLINS 10001-10002: Year 2 Ordering period is 1 March 2012 through 28 February 2013. B.5.C Year 3 Ordering Period CLINS 20001-20002: Year 3 Ordering period is 1 March 2013 through 28 February 2014. B.5.D Year 4 Ordering Period CLINS 30001-30002: Year 4 Ordering period is 1 March 2014 through 28 February 2015 B.5.D Year 5 Ordering Period CLINS 40001-40002: Year 5 Ordering period is 1 March 2015 through 28 February 2016 B.6 TASK ORDER COMPLETION: All task orders issued under the IDIQ contract(s) must be completed within 365 days of expiration of contract or the specified task order period of performance. B.7. PLACE OF PERFORMANCE The performance location of each Task Order will be specified at the time that the Task Order is issued. SECTION C: CONTRACT CLAUSES C.1 FAR Clause 52.212-4 Contract Terms and Conditions-Commercial Items.(June 2010) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. C.2 FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (October 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: No. FAR Clause Number FAR Clause Title 1 52.222-50 Combating Trafficking in Persons (FEB 2009) 2 52.233-3 Protest After Award (AUG 1996) 3 52.333-4 Applicable Law for Breach of Contract Claim (OCT 2004) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Applicable FAR Clause Number FAR Clause Title XX 52.203-6 Restriction on Subcontractor Sales to Government (SEP 2006) XX 52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010) N/A 52.203-15 Whistleblower Protection Under the American Recovery and Reinvestment Act (JUL 2010) N/A 52.204-11 American Recovery and Reinvestment Act - Reporting Requirements (MAR 2009) N/A 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) N/A 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) XX 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) XX 52.219-6 Notice of Total Small Business Set-Aside Alternate I (OCT 1995) XX 52.219-6 Notice of Total Small Business Set-Aside Alternate II (MAR 2004 N/A 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate I (OCT 1995) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate II (MAR 2004) XX 52.219-8 Utilization of Small Business Concerns (MAY 2004) XX 52.219-9 Small Business Subcontracting Plan (OCT 2010) XX 52.219-9 Small Business Subcontracting Plan Alternate I (OCT 2001) XX 52.219-9 Small Business Subcontracting Plan Alternate II (OCT 2001) XX 52.219-9 Small Business Subcontracting Plan Alternate III (JUL 2010) N/A 52.19-14 Limitation on Subcontracting (DEC 1996) N/A 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Alternate I) (JUN 2003) N/A 52.219-25 Small Disadvantaged Business Participation Program__________ Disadvantaged Status and Reporting (APR 2008) N/A 52.219-26 Small Disadvantage Business Participation Program - Incentive Subcontracting (OCT 2000) N/A 52.219-27 Notice of Total Service-Disable Veteran-Owned Small Business Set-Aside (MAY 2004) N/A 52.219.28 Post Award Small Business Program Rerepresentative (APR 2009) XX 52.222-3 Convict Labor (JUN 2003) XX 52.222-19 Child Labor - Cooperation with Authorities and Remedies (JUL 2010) XX 52.222-21 Prohibition of Segregated Facilities (FEB 1999) XX 52.222-26 Equal Opportunity (MAR 2007) XX 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2010) XX 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) XX 52.222-37 Employment Reports on Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2010) XX 52.222-54 Employment Eligibility Verification (JAN 2009) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products (MAY 2008) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products Alternate I (MAY 2008) XX 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products Alternate I (DEC 2007) XX 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010) XX 52.225-1 Buy American Act Supplies (FEB 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act (JUN 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate I (JAN 2004) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate II (JAN 2004) XX 52.225-5 Trade Agreements (AUG 2009) XX 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) N/A 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) N/A 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) N/A 52.232-29 Terms for Financing of Purchase of Commercial Items (FEB 2002) N/A 52.232-30 Installment Payments for Commercial Items (OCT 1995) XX 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) N/A 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) N/A 52.232-36 Payment by Third Party (FEB 2010) XX 52.239-1 Privacy or Security Safeguards (AUG 1996) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels Alternate I (APR 2003) (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Applicable FAR Clause Number FAR Clause Title N/A 52.222-41 Service Contract Act of 1965 (NOV 2007) IAW FAR 22.1003-3(d). N/A 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) N/A 52.222-43 Fair Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) N/A 52.222-44 Fair Labor Standards Act and Service Contract Act- Price Adjustment (SEP 2009) N/A 52.22-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (NOV 2007) N/A 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (FEB 2009) N/A 52.226-6 Promoting Excess Food Donations to Non-profit Organizations (MAR 2009) N/A 52.237-11 Accepting and Dispensing of $1 Coin (SEP 2008) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (H) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (I) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (J) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (K) 52.222-54, Employment Eligibility Verification (Jan 2009). (L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (M) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. C.3 FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998) In addition to other parts of Section C, this contract incorporates one or more clauses, shown in the table below, by reference, with the same force and effect as if they were given in full text. The full text of a clause can be accessed electronically at: http://www.acqnet.gov/far. FAR Clause Number FAR Clause Title Date 52.227-19 Commercial Computer Software License DEC 2007 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.204-4 Printed or Copied Double Sided on Recycle Paper AUG 2000 52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.209-7 Information Regarding Responsibility Matters APR 2010 52.209-8 Updates of Information Regarding Responsibility Matters APR 2010 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.237-3 Continuity of Services JAN 1991 52.245-1 Government Property JUN 2007 52.247-34 F.O.B Destination NOV 199 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I OCT 1995 52.204-7 Central Contractor Registration APR 2008 C.4 52.216-18 Ordering (OCT 1995) a. Any services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five years from the date of award (Dates will be established at the time of contract award). b. All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control. c. If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. C.5 FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the expiration of the contract. C.6 Review of Deliverables Deliverables shall be specified in each Task Order. Each individual TO will state the deliverable review process and the time allotted for the review of the deliverable(s). If the Coast Guard does not respond within the time period specified, the Contractor shall notify the Contracting Officer, Contracting Officer Representative, and the Task Order Contracting Officer Representative in writing. C.7 Deliverables (If Specified In a Task Order) a. All applicable deliverables, their required delivery dates, and destination of delivery will be specified in each task order issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each task order issue under this contract, as applicable. b. All deliverables submitted in electronic format shall be free of any known computer malware or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus. c. In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the Contracting Officer, Contracting Officer Technical Representative, and Task Order Contracting Officer Technical Representative. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not constitute a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract. C.8 Accounting and Appropriation Data. Accounting and appropriation data for obligations under the contract will be set forth on individual TOs. C.9 DHS HSAR 3052.242-72 Contracting Officer's Representative (DEC 2003)(Tailored) a. The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract and task orders such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or the issuance of a task order, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. b. The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. C.10 Unauthorized Work The Contractor is not authorized at any time to commence task order performance prior to issuance of a signed task order and/or other written approval provided by the Contracting Officer to begin work. C.11 Task Order Process The IDIQ contract(s) are not mandatory use contract(s) for Coast Guard, it is anticipated that the Contractor's services shall be obtained on an as-needed basis, through the issuance of Task Orders. The Contractor shall perform the required effort for these services, within CONUS or OCONUS, throughout the term of this contract. Issued task orders will identify the services required; provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace. C.12 Task Order Request for Proposal (Task Order Request for Proposal) Process 1. A Statement of Work for a proposed task order will be furnished to the successful Contractor(s) along with a request for a technical and price proposal. The request will state that the task order is to be fixed priced. The due date will be set forth in each proposal request. The price for each task order shall be determined based on the estimated level of effort required to perform the work and either the prices or rates set forth in the IT IA Pricing Table or the estimated prices. 2. If requested, technical proposals stating compliance or exception to requirements, risks, assumptions and conflict of interest issues will be provided. Responses will be streamlined and succinct to the extent practical based on the estimated dollar value and complexity of the work. Proposals shall not merely restate PWS requirements. Proposals may address: 1. Program Management Plan, Past Performance, etc.; 2. Key Personnel Assigned; 3. Quantities/Hours of Personnel by Labor Categories; 4. Period of Performance; 5. Government-Furnished Information (GFI) and/or access to Government-Furnished software licenses; 6. Security (including clearance level); 7. Teaming Partners and Subcontractors and their roles (by Subcontractor); and 8. Other Pertinent Data 3. A written price proposal shall always be required. This part of the proposal shall include detailed price amounts of all resources required to accomplish the task. The level of detail required shall be primarily based on the task order planned for use, as further discussed below. Bases of Estimates (BOE) may be needed for proposals. 4. Travel: Proposed travel (if applicable) broken out into number of trips, number of travelers, and duration of trip (including transit time) for each destination. Cost detail shall be shown for all items, including commercial transportation, daily per diem rates, personal mileage, daily car rental, etc. 5. Other Direct Cost: An explanation and basis shall be provided for each item of "Other Direct Costs" proposed, such as materials, reproduction costs, and proposed travel, etc. 6. Evaluation criteria will be established at the time the requests for proposals are requested. 7. The Contractor shall assume all costs associated with the preparation of proposals for task order awards under the fair opportunity process as an indirect charge. C.13 Submission and Labeling of Deliverables Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the COTR. All electronic deliverables shall be submitted via email to the assigned COTR. While performing work under this contract, the Contractor shall NOT label any information produced and submitted in a way that would restrict the Government's right to use or release the information. If applicable, the Contractor shall include a legend that identifies sensitive data that should not be released for security reasons. Under FAR Clause 52.227-14, this information may be used for any purpose the Government deems appropriate. Deliverables provided shall not contain vendor-specific logos or mottos. The Contractor shall not use U.S. Government logos without the written permission of the Contracting Officer. C.14 Data to be Delivered a. Any working papers, interim reports, data given by the government, first produced by the Contractor under the contract, collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (Subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer at any time during performance of the IDIQ contract or Task Order(s). b. In addition, information and/or data held by the Contractor(s) in relation to the operation of their business and/or institution and which are obtained without the use of Federal funds shall be considered "PROPRIETARY DATA" and are not "subject data" to be delivered under this contract. C.15 Travel a. Travel required in the execution of task orders under the IDIQ contract(s) is authorized. All travel will be reimbursed in accordance with the Federal Travel Regulations (FTR). The total dollar amount for travel (including lodging, transportation, per diem, and miscellaneous expenses) shall not exceed the negotiated Not-To-Exceed (NTE) amount identified in any task order without the COTR or the TOCOTR and Contracting Officer's concurrence. Travel may include worldwide deployment aboard U.S. Coast Guard vessels and/or aircraft in addition to any other worldwide locations as directed. The Contractor shall be responsible for obtaining authorization from the COTR/TOCOTR prior to any travel. b. If required, the Contractor shall generate a travel clearance request message and forward it to the COTR or the TOCOTR 45 days prior to for any travel tasked outside the continental United States. c. The Contractor shall be responsible for ensuring that their personnel possess current passports and credit cards to facilitate short-notice travel arrangements. Specific places of performance and travel lead time will be specified in each task order. d. Local travel is not authorized. C.16 DHS HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003) a. The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. Key Personnel: Identify Name, Title, Point of Contact (POC) information including working email address b. Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. C.17 DHS HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) RESERVED C.18 CG-912 Clause - Organizational Conflict of Interest for Contracts Awarded by the U.S. Coast Guard C4IT Office of Contracts Operations (a) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a Contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The Contractor's objectivity in performing the contract work is or might be otherwise impaired. (b) The Contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. C.19 Employee Identification a. Contractor employees visiting Coast Guard facilities shall provide two forms of photo identification. One shall be a Contractor issued badge that includes Contractor name, employee's full name, and card expiration date and the other a standard government approved identification (i.e. Driver's License) in order to obtain a Coast Guard visitor's badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as Contractors when their status is not readily apparent, and display a visitor's badge above the waist in plain view at all times. b. The Contractor shall wear a Common Access Card (CAC) identification card furnished by the Government. Contractor identification shall be worn above the waist and remain in plain view at all times. C.20 Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the U.S. Coast Guard or the Department of Homeland Security. Contractor employees shall comply with all Government safety requirements (OSHA) when visiting or working on-site at Government facilities and aboard Coast Guard vessels or aircaft. The Contractor employee shall not release any Coast Guard personnel contact information or information concerning official unit business or operations. C.21 Removing Employees for Misconduct or Security Reasons The Coast Guard may, at its sole discretion, direct the Contractor to remove any Contractor employee from Coast Guard or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the Contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract or any task orders issued under the contract. The Contracting Officer will provide the Contractor with a written rationale for removal of the employee. C.22 Removal from Project Access Should Contractor resources be removed from any task order awarded under this contract, the Contractor shall ensure, via coordination with the assigned COTR and Task Order COTR, that - a. All access to Government facilities and systems is revoked. b. The involved Coast Guard security manager(s) are notified of this removal action. c. Any and all Government property, such as identification badges, keys, information technology hardware and software, etc. in the possession of the individual(s) being removed or replaced is immediately (by close of business on the day of removal or replacement) returned to the Government or transferred to other parties replacing the removed individuals. C.23 Government Furnished Data The Contractor shall be provided any Government- furnished data required to perform work described in task orders awarded under this contract. This data shall only be used to perform work required in task orders awarded under this contract. If this data is not delivered on schedule, or is unsuitable for its intended use, the Contractor shall immediately notify the Contracting Officer, who shall investigate this issue. The Government retains title to all Government-furnished data provided. Other rights and criteria shall be in accordance with other "Government Property" clauses incorporated into this contract. C.24 Restriction on Non-Privacy Act Data All data and information made accessible to the Contractor or its Subcontractors in performing work under this contract that is not otherwise protected by the Privacy Act or Non-Disclosure Agreement (NDA) shall NOT be used or DISCLOSED by the Contractor for any purpose other than performance of work under this contract. C.25 Billing Schedules The Contractor shall invoice in accordance with the billing schedule included in each task order awarded under this contract. SECTION D: CONTRACT, DOCUMENTS, EXHIBTS, AND ATTACHMENTS SECTION E: SOLICITATION PROVISIONS E.1 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 address: http://www.acqnet.gov/far/. FAR Clause Number FAR Clause Title Date 52.203-11 Certifications and Disclosures Regarding Payments to Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 52.212-1 Instructions to Offerors - Commercial Item JUN 2008 E.2 FAR 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008)(Tailored) (a) North American Industry Classification System (NAICS) code, and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500employees. (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 thesolicitation. 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 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) 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 rep¬resentations 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 90 calendar days from the date specified for receipt of offers. (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 quali¬fies 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 commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil) (ii) Quick Search (http://assist.daps.dla.mil/quicksearch) (iii) ASSISTdocs.com (http://assistdocs.com) (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111 5094,Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (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 items, the make and model of the item 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. E.3 REQUEST FOR INFORMATION OTHER THAN COST OR PRICING DATA The contracting officer is responsible for obtaining information that is adequate for evaluating the reasonableness of proposed prices. Accordingly, the offeror shall provide information consisting (at a minimum) of the prices at which the same items as those in the offeror's proposal or items similar to those in the offeror's proposal have previously been sold, adequate for determining the reasonableness of the price. The format for submitting the information to the Government is at the offeror's discretion. E.4 Proposal Preparation Instructions SUBMISSION OF WRITTEN PROPOSALS AND PAST PERFORMANCE INFORMATION-COMPETITIVE Offerors shall respond to all requirements of the solicitation. Offers submitted with inadequate information may be found unacceptable. The proposal shall clearly and concisely describe the offeror's response to the requirements of the solicitation. Elaborate artwork, expensive paper or bindings, and/or expensive visual or other aids are neither necessary nor desirable. The use of general or vague statements such as "standard procedures will be used" or "good engineering practices will be employed" is not acceptable. The offeror shall present details in only one area of the proposal; if discussion of the same information is necessary in another area of the proposal, simply refer to the initial discussion and identify its location in the proposal. If appropriate, cross-referencing the proposal for traceability is recommended. Offerors shall not include classified information in their proposal. For this solicitation, offerors shall submit proposals in five volumes, as follows: Volume I - Technical Approach Proposal. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Volume I. Volume II - Management Approach Information. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Volume II. Volume III - Quality Control Information. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Volume III. Volume IV - Past Performance Information. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Volume IV. Volume V - Price Information. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Volume V, as well as completed solicitation Sections A, B, and K. A loose-leaf binder shall be used. Proposal text shall be no smaller than 10-pitch type size and no larger than 12 pitch type size. "Foldout" pages sized 11 inches by 17 inches are permitted for diagrams, charts or other graphics. All text shall be single-spaced, and margins of 1 inch shall be used on all page borders. In addition, please provide five (5) original CDs, each CD should be divided into five (5) Volumes [Volumes I - V] consistent with the order as provided above. REQUIREMENTS FOR PROPOSAL FORMAT Use 8 1/2 by 11-inch paper with text on only one side. Number all pages. The following conditions apply: No. of Copies: *Original plus 5* Proposal Volume Page Limit Section I *30* Section II *10* Section III *5* Section IV *5* Section V *5* REQUIREMENTS FOR PROPOSAL CONTENT Include the following in Volumes I, II, III, IV and V so as to facilitate the separate evaluation of each. • Cover sheet containing the following information: (1) Offeror's Name and Address; (2) Title of the Offeror's Proposal; (3) Coast Guard Solicitation Number; and (4) Proposal Number (i.e., Section I) • "Table of Contents" which provides enough detail to quickly locate key elements of the offer. • Tabs/dividers separating each section/volume. Please Note: Cover sheets, Table of Contents, Tabs/Dividers, Attachments and Apendices are not included in any page limits for Volumes I through V. E.5 RFP Questions All questions shall be submitted in writing to Ms. Cherish Driver at Cherish.D.Driver@uscg.mil on or before January 5, 2011. If an offeror does not submit their question on or before January 5, 2011 they run risk that their question(s) may not be answered. E.6 Offer Due Date and Offeror Submission Address It is the offeror's responsibility to ensure their offer is received (in total) by the proposal DUE DATE OF January 17, 2010 by 2PM Eastern Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered. All proposals shall be submitted in sufficient time to ensure it reaches the Contracting Officer prior to the deadline of January 17, 2010. Please note: the reliance of using regular mail or Federal Express may cause "unexcusable" delays due to the DHS mail delivery system. Proposals shall be mailed/hand-delivered to the following address: DIRECTOR ATTN: CHERISH DRIVER/CONTRACTING OFFICER/CG-C4IT U.S. COAST GUARD 7323 TELEGRAPH ROAD STOP 7340 ALEXANDRIA VA 22315 E.7 FAR Clause 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)(Tailored) The Government will award up to three (3) contracts resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor 1 - Technical Approach Sub-Factor 1 - Proposed technical approach supports PWS requirements. Sub-Factor 2 - Use of industry standard and/or non-proprietary tools. Factor 2 - Management Approach Sub-Factor 1 - Management organization and business model. Sub-Factor 2 - Proposed organizational structure and staffing. Factor 3 - Quality Control Sub-Factor 1 - Quality Control & Performance Monitoring. Factor 4 - Past Performance Factor 5 - Price/Cost Technical Approach, Management Approach, Quality Control, and Past Performance are listed in descending order of importance, and when combined, are significantly more important than price. As technical scores converge, the price grows more important in making the award selection. The Government may award to other than the lowest priced offeror. a) The Government will evaluate offers for award purposes by adding the total price for all ordering periods to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced. b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. E.8 EVALUATION CRITERIA AND RELEVANT IMPORTANCE The following criteria will be used in the evaluation of proposals: Evaluation Factors Factor 1: Technical Approach. The Technical Proposal should address each work area in sufficient detail to demonstrate a clear understanding of the Performance Work Statement (PWS), including development/enhancement and operations and maintenance activities. General statements that the offeror understands, can, or will perform the listed functions without supporting information/narrative is inadequate. Paraphrasing the PWS or parts thereof, is similarly inadequate, as are phrases such as "standard procedures will be employed" or "well-known techniques will be used." This volume shall be written to enable evaluators to make a thorough evaluation as to whether the services offered adequately respond to the specific Government requirements. The Technical Proposal shall clearly delineate the division of performance between the prime Contractor, Teaming Partners and the first-tier Subcontractor(s), if applicable. The offeror's technical approach shall address the sub-factors listed below: Sub-Factor 1: Proposed technical approach supports PWS requirements. Offerors shall describe, in detail, the proposed technical approach for addressing the PWS requirements in their response. The offeror's proposal should also demonstrate their ability to protect the Coast Guard systems and the integrity and the confidentiality of the information contained within them. It is essential to the Coast Guard that protection of the infrastructure is met in order to meet mission-critical objectives. Offerors shall include a narrative discussion of their efficiencies and unique aspects of the technical approach. The proposal should include discussion of knowledge, experience and applied use of industry best practices. The offeror's technical approach should address the strategy for evaluating and recommending new and emerging technologies; hardware and software products related to security; the development of effective IT security guidance and policies that reduces the Coast Guard's vulnerabilities to cyber threats. The proposal should address the strategy for providing technical, administrative, and management security assistance as it relates to IT security incidents; Certification and Accreditation Support for sensitive and unclassified (SBU) Systems and Classified (C-LAN Systems across Coast Guard) systems; assistance in developing IA awareness and Information System Security training programs and TEMPEST support. The offeror's technical approach should address these strategies to support DHS, DOD, USCG missions and IT security operations. The offeror's proposal shall clearly demonstrate a sound approach to, and alignment with, the DHS 4300a and USCG COMDINST 5300.13b Information Assurance Manual as well as CJCSM 6510.01A Information Assurance (Ia) And Computer Network Defense (CND)Volume I (Incident Handling Program); DoD Instruction 8500.2, Information Assurance (IA) Implementation. & DoD Instruction 8500.1, Information Assurance (IA) Manual. • Contractor must provide one documented example of IA Tactics Techniques Procedures (TTP) developed for the government by your organization. Provide at least one (1) example each of Incident Handling and Concept of Operations (CONOPS). The contractor shall provide one documented example of a successful Certification and Accreditation submission of a major application or system for a government agency to include agency name, project plans, documents completed, methodologies used and number of revisions required in the overall process. • Contractor must show previous experience in providing Information System Security Officer duties by including one (1) example of how they have supported government agencies. This example shall show experience with DHS and or DoD mandated tools in support of ISSO duties. The example shall be supplemented by resumes of the ISSO. • The Contractor must provide one (1) example of how TEMPEST requirements and support have been met through previous contracts. The example shall include certification document or TEMPEST Field Technical Authority. • Contractor shall provide a one-page narrative of procedures your company developed or implemented in support of Vulnerability Management and Scanning at a government agency including the name of the agency and POC information. • Contractor shall provide a one-page narrative of procedures your company developed or implemented in support of IT Forensics. Sub-Factor 2: Use of industry standard and/ornon-proprietary tools. • Contractor shall provide a one-page narrative of Intrusion Detection System (IDS) tools utilized in support of a government agency's computer network defense to include how the data was analyzed, the name of the agency and POC information. Factor 2: Management Approach. The Government will evaluate the Offerors's Management Approach/Plan for the purposes of determining how well their management plan demonstrates its ability to sustain adequate resources throughout the life of the IDIQ that will be needed to successfully meet all of the PWS requirements (see Attachment I). The management approach proposed by the Offeror is critical to the success of this effort. Therefore, the management approach must be explicitly explained and presented in the proposal so as to provide the USCG with a complete description of how the effort will be managed. The management approach shall clearly describe a complete understanding by task of the required actions, anticipated workload, labor needs by type, by providing resumes that outline relevant skills, experience and by describing management controls that will be established and used to monitor individual and/or overall tasks to include the mechanism for retaining the proposed labor skill mix. The management approach shall be evaluated as to how autonomous the Contract Program Manager is including lines of authority, contracting authority, hiring and removal plans; clearly defined security clearances and citizenship requirements; Teaming Partner arrangements, and Subcontractor teaming arrangements, including proposed prime/Teaming Partner/Subcontractor relationships, tasks to be performed by Teaming Partners/Subcontractors and authority/autonomy delegated to Subcontractors by prime Contractors; management and staffing practices, incentive and awards programs, recruiting methods, training plans and career development activities; clearly defined Key Personnel with inclusion of resumes; and response to changes in customer needs, tasking, and workload requirements. The offeror's proposal should demonstrate its management approach with emphasis on the applied use of management controls, IT certification concepts and policies to ensure appropriate management and execution of Information Technology (IT) Information Assurance Security Management Services on the classified and unclassified IT infrastructure and their unique operational requirements and all applicable DHS and USCG security and performance standards applicable to these systems. The Offeror's management approach should clearly demonstrate their ability to deliver services and capabilities on-time, within budget, and with the required service quality. The offeror's proposed organizational structure and staffing should clearly demonstrate the offeror's ability to successfully accomplish all tasking in the PWS. Offerors shall identify current information technology certifications held by key technical positions included in the proposal. Offerors shall address the extent to which the proposed key personnel have committed themselves to work on this effort. If the key personnel have worked on any of the contracts used in past performance, identification of those contracts and the role of key personnel should be stated. Sub-Factor 1: Management organization and business model. Offerors will be evaluated on their overall management organization and business model for accomplishing the requirements of the PWS. If teaming arrangements are proposed contractors shall clearly detail each team member's roles and responsibilities and size of business. The contractor shall also provide a list of all first tier sub-contractors. The proposal shall address the autonomy of the on-site Contract Program Manager with respect to management of all personnel, teaming members, Subcontractors, and overall execution of tasking under the IDIQ contract(s). The offeror's proposed organization and business model shall demonstrate relevant aspects including, but not limited to: proposed plan for utilizing a proposed approach to project planning and scheduling, tools for monitoring, controlling and reporting progress (including the progress of Subcontractors), and the proposed on-site management team for the prime Contractor/Teaming Partners and all proposed Subcontractors. The offeror's proposal shall describe the role of all proposed Teaming Members and Subcontractors in the overall management and execution of Contract tasking. • Contractor shall provide one (1) example of procedures for recruiting, training and retention to fill vacant positions and maintain continuity of personnel. Sub-Factor 2: Proposed organizational structure and staffing. The offeror's proposal will be evaluated on their proposed overall organizational and staffing structure, to include: (1) staffing levels that align personnel by proposed task and proposed labor category, and (2) staffing information to support their proposed level of effort for the tasking detailed in the PWS. The offerors will also be evaluated on the qualifications, education, experience, and availability of proposed key personnel. Resumes for key personnel, including past and/or current experience, education and/or training, along with statements of availability and letters of commitment from key personnel/Teaming Partners and Subcontractors, shall be submitted as part of the offeror's proposal. The offeror's proposed staffing structure shall also specifically address the offeror's approach to staffing positions requiring Top Secret (TS) and/or TS/SCI clearances to support certain Classified work at the C4IT Service Center (SC) as described in the PWS. • The Contractor shall provide qualified personnel to perform all requirements in this contract. All Contractor employees supporting this contract shall be citizens of the United States, shall be able to read, write, speak and understand English. All Contractor employees supporting this IDIQ contract must be able to obtain and sustain a Secret Clearance throughout the duration of this contract. However, the Contractor may be required to have a Secret, Top Secret (TS), and Top Secret (TS) Sensitive Compartmented Information (SCI). As a condition of privileged access to any information system, personnel performing IA functions as described in the Information Assurance Workforce Improvement Program, DoD 8570.01-M, must satisfy both preparatory and sustain DoD IA training and certification requirements (see DoD 8570.01-M, Chapters 3, 4, 5, 10 and 11). Additional guidance regarding these requirements will also be referenced in the Information Assurance Workforce Improvement Program, DoD 8570.01-M. Factor 3: Quality Control. Offerors shall describe their corporate Quality Control Program and how the corporate office will evaluate on-site quality control efforts. Quality control should address the method of ensuring the quality of delivered IT services and capabilities, as well as the accuracy of cost, labor, and invoice projections. The quality control program narrative should also include a discussion of the proposed methods for ensuring cost accountability through the use of efficient and effective solutions and alternatives. Sub-Factor 1: Quality Control & Performance Monitoring. The offerors will be evaluated on their proposed Quality Control Program. The Program should describe the offeror's ability to effectively utilize time, material and staff hours in an equitable manner to achieve the greatest results with a minimum of time and effort. The Program should likewise address the offerors approach to continuous improvement, capturing lessons learned, and sharing these lessons learned across all contracted personnel assigned to this Contract. Offerors shall describe the proposed on-site quality control process, including methods of monitoring performance to meet acceptable quality levels identified in the PWS, as well as established Performance Metrics, and shall propose additional measurable requirements and corresponding performance metrics. DO NOT submit a Quality Control Plan with your proposal. A comprehensive Quality Control Plan supporting the PWS requirements will be required after Contract award. • Offerors must provide a copy of their quality control processes and procedures that are standard industry practiced. Factor 4: Past Performance Offerors with previous contract experience within the IT InformationAssurance security environment should list and summarize their performance on similar or related contracts currently in progress or completed within the last three (3) years. Each offeror shall provide a minimum of three (3) references to include specific points of contact, e-mail addresses for those contacts, contract number, contract type, contract period of performance, and brief description of the requirement. In determining whether past performance information is relevant or not relevant, consideration will be given to contracts of similar project complexity, scope, type, and schedule within the IT Information Assurance security environment. Offeror(s) may be asked for additional information about problems encountered and corrective actions taken when negative information has been submitted by references. If past performance information is either not relevant or not available, then the offeror will be rated neutral (neither favorably nor unfavorably). In addition, the Contracting Officer has the discretion to retrieve information via the offeror's supplied references and federal sources to include the Past Performance Information Retrieval System (PPIRS) and the Excluded Parties List System (EPLS). To be considered relevant, the offeror must have been performed within the past three (3) years within the IT IA environment. All information and references are subject to verification by the Technical Evaluation Team. The USCG reserves the right to utilize past performance information in conducting the evaluation other than the information submitted with the proposals received. The Government will evaluate the quality, timeliness, and cost control and business relations. A list of similar contracts, delivery orders, purchase orders and/or subcontracts completed during the past 3 years, a list of similar contracts, delivery orders, purchase orders and/or subcontracts currently in progress, or a combination of similar contracts, delivery orders, purchase orders and/or subcontracts that have either been completed in the past 3 years or are currently in progress. Similar contracts, delivery orders, purchase orders, and/or subcontracts listed may include any contract, delivery order, purchase order and/or subcontract larger than $2,500 entered into by the Federal Government, agencies of state and local governments and commercial customers. Offerors that are newly formed entities without prior similar contracts, delivery orders, purchase orders and/or subcontracts shall list similar contracts, delivery orders, purchase orders and/or subcontracts as required above for proposed key personnel. Provide the following information for each contract, delivery order, purchase order, and/or subcontract: (A) Name of Contracting Activity (B) Contract Number (C) Contract Type (D) Total Contract Value (E) Description of Contract Work (F) Contracting Officer (or equivalent) Name and Telephone No. (G) Program Manager (or equivalent) Name and Telephone No. (if applicable) (H) Contracting Officer's Technical Representative (or equivalent) Name and Telephone No. (I) Administrative Contracting Officer (or equivalent) Name and Telephone No. (if different from F) (J) List of teaming partners/first-tier subcontractors (if applicable) The offeror may provide information on both problems encountered and corrective actions taken to resolve those problems on the contracts, delivery orders, purchase orders and/or subcontracts identified. The offeror should not provide general information on their performance on the identified contracts, delivery orders, purchase orders and/or subcontracts. General performance information will be obtained from the references provided by the offeror. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Such awards or certifications include, for example, the Malcolm Baldridge Quality Award, other government quality awards, and private sector awards or certifications. Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over 3 years old, present evidence that the qualifications still apply. Past performance will be evaluated in terms of Quality of Technical Services and Approach, Quality of Contract Management and Management Approach, and Customer Satisfaction. Each contract shall only be referenced once. Past performance information should be provided for services directly relevant to the services to be performed under the IDIQ PWS. To be considered relevant, the services must have been performed within the past three (3) years. The USCG reserves the right to utilize past performance information in conducting the evaluation other than the information submitted with the quotations received. The Government will evaluate the quality, timeliness, cost control and business relations. Factor 5: Price/Cost Offerors are to submit price proposals that provide complete pricing for services in accordance with the Performance Work Statement and Attachment II - IT IA Pricing Table. Proposals that are unrealistic in terms of overall price or reflective of an inherent lack of management and/or technical competence or comprehension of the requirements shall be further excluded from evaluation. • Total Evaluated Price. Price Analysis will be performed to determine the reasonableness of the offeror's price proposal. Reasonableness will be based on the total evaluated price. Total evaluated price will be calculated on the sum of the Contract Line Item Numbers [see Section B.1]. In establishing the reasonableness of the offered prices, only information that is necessary to determine price reasonableness must be utilized. No additional information from the offeror is necessary if the price is based on adequate price competition. Information other than cost or pricing data that may be evaluated during a price reasonableness determination is as follows: • Information related to prices (e.g., established catalog or market prices or previous contract prices), relying first on information available within the Government; second, on information obtained from sources other than the offeror; and, if necessary, on information obtained from the offeror. When obtaining information from the offeror is necessary, such information submitted by the offeror shall include, at minimum, appropriate information on the prices at which the same or similar items have been sold previously, adequate for evaluating the reasonableness of the price. • Offeror's proposals will also be evaluated for price realism by comparing their proposed prices to the Independent Government Cost Estimate (IGCE). The IGCE is based on historical prices for similar services that have been procured during the last five years as well as labor rates from GSA Schedules. Offerors shall complete Section B. 1. and the IT IA Pricing - Attachment II of the solicitation including all fixed price line items and cost-reimbursable amounts. Offerors shall not deviate from the estimated amounts provided for the cost reimbursable CLINs. Offerors shall calculate total for each line item by multiplying the quantity by the unit price. Offerors shall provide a subtotal for each year and an overall total price for the life of the contract. The Government will evaluate proposals for award purposes by adding the total price for all ordering periods to the total price for the basic requirement. Evaluation of separately priced line items shall not obligate the Government to purchase separately priced line items. The Government may, at its discretion, accept any or all separately priced line items proposed by an awardee, if that awardees proposal for separately priced line items is sufficiently attractive. The primary means of determining the "fairness and reasonableness" of proposed prices will be through competition and the comparison of the prices offered in response to this solicitation. Offerors are placed on notice that any proposals that are unrealistic in terms of technical and management commitment or unrealistically low in overall price shall be deemed reflective of an inherent lack of management and technical competence or indicative of failure to comprehend the complexity and risk of the contract requirements. Technical Approach, Management Approach, Quality Control and Past Performance are listed in descending order of importance, and when combined, are significantly more important than price. E.9 BASIS FOR AWARD - TRADE-OFF SOURCE SELECTION PROCESS The Government will award up to three (3) contracts resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be the most advantageous to the Government, all factors considered. Prospective offerors are advised that in consideration of Best Value a proposal meeting the solicitation requirements with the lowest price may not be selected if award to a higher priced offeror is determined to be more advantageous to the Government. E.10 FAR 52.233-2 Service of Protest (SEP 2006)(Tailored) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. COMMANDANT CG-9121(WS) U.S. COAST GUARD 2100 2ND Street, SW STOP 7112 Washington, DC 20593-7112 NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington DC 20593-0001 FAX: 202-475-3904 The Ombudsman Hotline telephone number is 202-372-3695 E.11 52.212-3 Offeror Representations and Certifications-Commercial Items. (Oct 2010) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "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" 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). "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. "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. "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 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. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract will 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) 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 o is a women-owned business concern. (7) 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:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51-100 __ $1,000,001-$2 million __ 101-250 __ $2,000,001-$3.5 million __ 251-500 __ $3,500,001-$5 million __ 501-750 __ $5,000,001-$10 million __ 751-1,000 __ $10,000,001-$17 million __ Over 1,000 __ Over $17 million (9) [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 o is, o 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 database maintained by the Small Business Administration (PRO-Net), 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 o has, o 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) o 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)(9)(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: ________________.] (10) 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 o is, o 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o 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 o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) 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)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o 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; (3) o Are, o 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) o Have, o 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 appeal 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 products. 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 it 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) o 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) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o 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 o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o 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. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror 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 of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does 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 (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) 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, U.S. Trust Territory of the Pacific Islands (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. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture.
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