FBODaily.com | FedBizOpps: PRESOL | R | Intelligence Sharing Policy Development Support Services - HQ0034-13-R-0035

FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 20, 2013 FBO #4075
SOLICITATION NOTICE

R -- Intelligence Sharing Policy Development Support Services - HQ0034-13-R-0035

Notice Date: 1/18/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 541611 — Administrative Management and General Management Consulting Services
Contracting Office: Other Defense Agencies, Washington Headquarters Services, WHS, Acquisition Directorate, 2521 S. Clark St, Ste 2000 Arlington, VA, 1155 Defense Pentagon, Washington, District of Columbia, 20301-1155, United States
ZIP Code: 20301-1155
Solicitation Number: HQ0034-13-R-0035
Archive Date: 2/23/2013
Point of Contact: Eric U Darby, Phone: (703) 545-3045
E-Mail Address: eric.darby@whs.mil
(eric.darby@whs.mil)
Small Business Set-Aside: N/A
Description: Past Performance Questionnaire NON-DISCLOSURE AGREEMENT Signature Page 1449 Solicitation HQ0034-13-R-0035 Combined Synopsis/Solicitation HQ0034-13-R-0035 (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number is HQ00034-13-R-0035. This solicitation is issued as a Request for Proposal (RFP). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-62. (iv) This solicitation is a 100% set-aside for Small Business (SB) concerns. The NAICS code for this procurement is 541611, Administrative Management and General Management Consulting Services. The small business size standard for this NAICS code is $14,000,000.00. (v) Contract line item numbers (CLINs), quantities, and units of measure are included in the solicitation. (vi) The Government requires specialized technical, administrative, and policy expertise in current and future DoD and interagency security policy thereby supporting the Deputy Under Secretary of Defense (Intelligence and Security). (vii) The period of performance is expected begin NLT March 1, 2013. The contract is for a 12-month base period and four 12-month option periods. The place of delivery is contained herein. Services are inspected and accepted at the Government facility. If there is any equipment, it is always FOB destination. (viii) The provision at Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. (ix) The provision at FAR 52.212-2, Evaluation -- Commercial Items is included. (x) Offerors shall include a completed copy of the provision at FAR 52.212-3 Alt I, FAR 52.209-7, DFARS252.209-7999, and DFARS 252.212-7000, with its offer. (xi) The clauses at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. (xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. (xiii) Additional Department of Defense terms and conditions terms and condition for the acquisition of commercial items apply. (xiv) This is not a Defense Priorities and Allocations System (DPAS) rated order. (xv) Offers are due no later than February 8, 2013 at 1:00 PM EST. Offers shall be emailed to: Steve Slagle Contract Specialist Tel: 703-545-1981 Email: steve.slagle.ctr@whs.mil Chris Harris Contracting Officer Tel: 703-545-3573 Email: chris.harris@whs.mil (xvi) Offerors shall submit questions/clarifications to Steve Slagle at steve.slagle.ctr@whs.mil and copy (cc) Chris Harris at chris.harris@whs.mil. Before preparing a proposal, or requesting a clarification on this solicitation, offerors should first read the solicitation in its entirety. Questions that are vague, illegible, or irrelevant to the solicitation, or submitted after the cutoff date established may not receive a response. Questions are due no later than January 29, 2013 at 12:00 noon EST. (xvii) All amendments to this solicitation will be posted on the FedBizOpps at www.fbo.gov. The amendments are linked to the solicitation at this site. Amendments will NOT be posted in any other location other than at www.fbo.gov. (xviii) This solicitation is fully funded. &emsp; Section B Schedule of Supplies/Services ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months Base Period - Security Directorate Support Services FFP The contractor shall provide the support services as delineated in the attached Performance Work Statement. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 Lot Other Direct Costs (ODCs) COST ODC's are allowable in accordance with the Performance Work Statement, FAR Subpart 31.2, DFARS Subpart 231.2 and approval of the COR. ESTIMATED COST $2,000.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 12 Months OPTION Option Period One - Security Directorate Support Services FFP The contractor shall provide the support services as delineated in the attached Performance Work Statement. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 Lot OPTION Option Period One - Other Direct Costs (ODCs) COST ODC's are allowable in accordance with the Performance Work Statement, FAR Subpart 31.2, DFARS Subpart 231.2 and approval of the COR. ESTIMATED COST $2,000.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 12 Months OPTION Option Period Two - Security Directorate Support Services FFP The contractor shall provide the support services as delineated in the attached Performance Work Statement. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 Lot OPTION Option Period Two - Other Direct Costs (ODC's) COST ODC's are allowable in accordance with the Performance Work Statement, FAR Subpart 31.2, DFARS Subpart 231.2 and approval of the COR. ESTIMATED COST $2,000.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 12 Months OPTION Option Period Three - Security Directorate Support Services FFP The contractor shall provide the support services as delineated in the attached Performance Work Statement. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 Lot OPTION Option Period Three - Other Direct Costs COST ODC's are allowable IAW the Performance Work Statement, FAR Subpart 31.2, DFARS Subpart 231.2, and approval of the COR. ESTIMATED COST $2,000.00 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 12 Months OPTION Option Period Four - Security Directorate Support Services FFP The contractor shall provide the support services as delineated in the attached Performance Work Statement. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 Lot OPTION Option Period Four - Other Direct Costs COST ODC's are allowable IAW the Performance Work Statement, FAR Subpart 31.2, DFARS Subpart 231.2, and approval of the COR. ESTIMATED COST $2,000.00 Section C - Performance Work Statement TASK WORK STATEMENT Specialized Staff Support to The Director of Security 1.0 Background/Introduction. The Under Secretary of Defense for Intelligence (USD(I)) is the principal staff assistant and advisor to the Secretary and Deputy Secretary of Defense for matters related to intelligence and security. In this capacity, the USD(I) provides overall policy and program guidance for Department of Defense (DoD) intelligence, counterintelligence (CI), security, and intelligence warfighter support activities. The USD(I) is supported by the Deputy Under Secretary of Defense (Warfighter Support) (DUSD(WS)), the Deputy Under Secretary of Defense (Intelligence and Security) (DUSD(I&S)), and Deputy Under Secretary of Defense (Intelligence Strategy, Programs & Resources) (DUSD(ISP&R)). 2.0 Scope/Objectives. Security Directorate requires specialized and mature technical, administrative, and policy expertise in current and future DoD and interagency security policies and programs. Directorate support staff must be familiar with security policy development, coordination and staffing processes and procedures as conducted within the Office of the Secretary of Defense, Director of National Intelligence (DNI), Joint Staff and Military Departments. Security Directorate personnel perform the following functions: • Maintain and improve Security Directorate administered policies on behalf of the USD(I). • Review, analyze and propose comment on related DoD, Intelligence Community, and/or national policy. • Participate in Defense Oversight and Assessment Program (DSOAP) activities as required. • Recommend new and/or improved policy and other strategic security initiatives for review and approval by the OUSD(I) leadership and/or the Defense Security Enterprise governance structure. • Prepare executive level correspondence, information papers, and talking points for decision and awareness at the highest level of the DoD and US Government to include GAO, Executive Office of the President, the Office of the Director of National Intelligence, Department of Justice, the Congress and others as required. • Coordinate across multiple organizations to drive consensus and action completion. • Conduct in-depth and accurate research on security policy issues that impact the DoD and the interagency Joint Security and Suitability Reform Effort. • Prepare briefing and other materials for executive decision. • Conduct, analyze, and report the results of datacalls in response to various presidential and congressional directed actions. • Represent and provide security policy expertise on behalf of the Security Directorate in working groups, committees and other forums. The contract support services shall display technical experience in executive-level policy-making, security specific operations and activities, as well the attention to detail necessary to successfully develop and track DoD staffing actions in an unpredictable, fast paced environment. Solid organizational, written communications, multi-tasking, and collaboration skills are essential to successful accomplishment of all required Security Directorate objectives. 3. Tasks. The Contractor shall be directly responsible for ensuring the accuracy, timeliness, and completion of all tasks under this effort, none of which are considered inherently governmental functions as defined in FAR 2.101 or Subpart 7.5. In accordance with FAR 37.104, Personal Services are prohibited and will not be performed under this contract. 3.1 Specialized Technical Support. This support requires the contractor's team to obtain/maintain current, Security Fundamentals Professional Certification from the Center for Development of Security Excellence of the Defense Security Service under the provisions of DoD Manual 3305.13-M. More information regarding the DoD security certification program is available at http://www.dss.mil/seta/index.html. The contractor shall provide the required activities delineated in this contract with technical focus areas in information, personnel, and industrial security. The contractor will likewise perform office management responsibilities as well as participate in and document as required security oversight activities involving the DSOAP and the Defense Security Enterprise governance process. The contractor must maintain ongoing interaction with the government members of the Directorate to ensure all views are considered before decision is taken. The contractor will ensure the Security Directorate's policy issuances are developed, revised, and staffed for the informal, formal and signature processes within the provision of the Office of the Director, Administration and Management (ODA&M) guidelines and timeliness standards for DoD Policy directives and instructions. The contractor will prepare and coordinate staff actions, papers and memoranda within the Department of Defense and the Intelligence Community. In addition, the contractor will input and track tasks on the Staff Action Control and Coordination Portal (SACCP). 3.1.1 Information Security 3.1.1.1 Controlled Unclassified Information: The contractor will support the development and implementation of national and DoD policy, guidance, and training on the Controlled Unclassified Information framework directed by the President. 3.1.1.2 Unauthorized Disclosure (UD) Program Implementation Team (PIT): The contractor will directly support the UD Program Manager, perform the tasks assigned, and provide staff support to the department's UD PIT. The contractor will facilitate and oversee the conduct of security reviews, assess and recommend classification guidance construction, and learn and interpret DoD policy governing disclosure of classified information. The contractor will assist with information security and unauthorized disclosure policy development. Contractor efforts will also promote, assess, and report on component enactment of security measures designed to prevent unintentional UD events and deter intentional cases. 3.1.2 Office Management. 3.1.2.1: Staff Administrative Support: The contractor will provide general office management support to the Security Directorate staff. Support includes: • Overseeing action officer correspondence staffing for all required staff actions through SACCP (e.g. formal letters/responses, memorandums briefing/meeting packages, activity reports, senior leadership reports, and travel/training/personnel documents to ensure that suspense are made and executive leadership is aware of significant issues and deadlines). • Reviewing and providing technical edits of staff packages to ensure appropriate formatting and proper coordination prior to submission to the DUSD(I&S) Front Office. • Routing materials to appropriate offices and manage incoming and outgoing supplies, correspondence, and mail for the Directorate. • Inventorying, ordering and take delivery of supplies for the office. • Assisting with the administrative onboarding of incoming personnel to including but not limited to security awareness and protocols, computer support/connectivity, ensuring relevant staff officer training (SACCP, Policy portal, ATAAPS, etc). • Managing and recommending the allocation of physical space for the Directorate. • Ensuring that office records are marked, filed, and retained in accordance with the Office of the Secretary of Defense federal records disposition schedule approved by the National Archives and Records Administration. • Managing and updating office Standard Operating Procedures. 3.1.2.2: Executive Administrative Support: The contractor will provide specific office management support to the Security Directorate Executive staff. Support includes: • Arranging and organizing meetings, conferences, and video-teleconferencing, to include taking minutes, maintaining invitation/attendee contact rosters, and disseminating read-ahead materials as required. • Managing the Director's calendar, • Arranging executive travel using the Defense Travel System (DTS) and assist in preparing and submitting vouchers upon travel completion. 3.1.3 Personnel Security. 3.1.3.1: Personnel Vetting Requirements Policy Support: Includes development, revision, interpretation and coordination of policies pertaining to investigation, adjudication, and continuous evaluation of personnel in national security positions, to include those requiring access to classified information and personnel who require logical and physical access to government information systems and facilities. 3.1.3.2: Policy Implementation Support: The contractor will provide support on strategies and initiative to overhaul and improve personnel security and adjudication processes and performance to include transition to electronic fingerprint capture and submission, upgrades to the Joint Personnel Adjudications System (JPAS), transition from JPAS to the Joint Verification System - Defense Information Systems for Security, adjudicator certification, investigative service provider billing and product quality, Central Adjudication Facility consolidation policy and procedures, Intelligence Reform and Terrorism Prevention Act of 2004 compliance, continuous vetting to defend against insider threats, personnel security lexicon development, performance metrics development and monitoring, and billing funds controls 3.1.6 Industrial Security 3.1.6.1 Committee on Foreign Investment in the United States (CFIUS): The contractor will support the review, analysis and development of the OUSD(I) recommendations and attendance at meetings related to the Department of Defense decisions on the national security implications of proposed transactions submitted to the CFIUS. 3.1.6.2 National Industrial Security Program. The contractor will support the development, review and coordination of all policy issuances for industrial security as well as review pertinent policy documents from others for industrial security equities. The contractor will provide support for review of industrial security letters concerning national level industrial security related issues impacting DoD, non-DoD, and the defense industrial base. 3.1.6.3 Industrial Security Forums: The contractor will participate in sessions unique to the cleared defense industrial base such as the National Industrial Security Program Policy Advisory Committee chaired by the Information Security Oversight Office, the DoD Defense Industrial Base Cyber Security/Information Assurance Program under the auspices of the DoD Chief Information Officer, various DoD, and other national interagency or cleared industry entities. 4.0 Reports. The Contractor shall be directly responsible for ensuring the accuracy, timeliness, and completion of all reports under this effort. 4.1 Monthly Status Report (MSR). The contractor shall submit a monthly report for the contract work during the reporting month and plans for the following two months to the COR by the tenth day of each month. The report shall contain a listing of any Travel and Other Direct Charges. The contractor shall maintain project performance information at a level of detail corresponding to that of the task descriptions. Monthly Status Reports (electronic) will include: Status of deliverables/milestones Issues and resolutions Travel conducted Meetings Attended Resource planning/status Topics or issues identified by the government Description of work completed and plans for next two months Government will provide feedback via monthly Program Management Reviews. 4.2 Trip Reports. Trip reports are required for all travel performed under this contract. 4.3 Progress Reviews. Progress reviews will be performed, as directed, by the appropriate Government Project Officer and COR, and will generally summarize the status and progress of all activities being performed by the contractor under this delivery order. Progress reviews will take place at those locations requested by the appropriate Government Project Officer. At the request of the appropriate Government Project Officer and COR, the contractor will address additional topics. Specific dates for progress reviews will be agreed between the appropriate Government task monitor and COR and the contractor's Program Manager. 5.0 Deliverables. The contractor shall submit all data as required, in the contract in accordance with Table 1. The Government will review deliverables for accuracy and completeness, and provide required changes or comments to the contractor within 15 calendar days or the item is approved without comment. The contractor shall submit any necessary revisions to the document(s) within 15 calendar days after receipt of Government comments. The Government Project Officer in coordination with the COR will determine delivery schedules for specific deliverables as the intelligence mission requirement dictates. Specific studies, activities and/or mission requirement of short duration, may require instances where multiple deliverables for the same item are required. Deliverable Instructions: When directed or as required, documentation shall be delivered in either Microsoft Word, PowerPoint, or Excel soft copy format files unless otherwise specified by the Government Project Officer or COR. &emsp; Table 1 Deliverable Due Format Non-Disclosure Agreement NLT 14 days after award; and upon replacement of personnel, to the COR Microsoft Word with original employee signature OCI Mitigation Report NLT 14 days after award and annually thereafter, to the COR Microsoft Word Monthly Status Report NLT 10th of each month, to the COR Microsoft Word Program/Progress Reviews of Work Plan NLT 30 days after award and as requested thereafter, to the COR Microsoft Word Trip Report NLT 14 days following completion of travel, to the COR Microsoft Word Policy Issuances As determined by the COR or task lead Microsoft Word Oversight Reports As determined by the COR or task lead Microsoft Word Outreach Reports As determined by the COR or task lead Microsoft Word Security support materials (para 3.1.3) As determined by the COR or task lead Microsoft Word, PowerPoint, or Excel; electronic or hardcopy as directed by the COR or task leads 6.0 Type of Task Order/Period of Performance. This is a Firm Fixed Price task order. The contract will contain a Cost Reimburseable Other Direct Charges. The period of performance will be a base period of 12 months with four 12-month option periods. 7.0 Place of Performance. Work will be performed at the Pentagon, Arlington, VA, Crystal City, VA, or other government sites within the National Capital Region. The Government will furnish office space and office equipment. The standard workweek is Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Actual hours vary from office to office within OUSD(I). Recognized Holidays: Unless required under the terms of the contract or authorized by the contracting officer, the contractor shall not plan to work at a Government facility on any of the following Government observed legal holidays: New Year's Day, Labor Day, Martin Luther King Jr.'s Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. 8.0 Travel/Other Direct Charges (ODC). The contractor will be reimbursed for allowable, allocable and reasonable Other Direct Charges when approved in advance by the Contracting Officer Representative (COR). 9.0 Security. All tasks must be conducted in full compliance with DoD security regulations. During the period of performance, all contractor personnel will be required to maintain a Top Secret/Sensitive Compartmented Information clearance. All contractor personnel will be required to sign a Non-Disclosure Agreement (attached). 10.0 Contractor Quality Control. The contractor shall perform all technical and administrative planning, coordination, analysis and tracking of the diverse activities and disciplines provided by the contractor to meet the requirements of this contract. The contractor shall manage and control contract resources to assure completion of all tasks within schedule and performance requirements. 11.0 Contracting Officer's Representative (COR). The COR shall be the focal point for all contract administration matters related to performance of this PWS. Only the Contracting Officer can make changes to the task order or this PWS, and any such changes are not effective unless directed in writing by the Contracting Officer. The initial COR for this order is Richard N. Weyrauch, 1550 Crystal Drive Suite 502B Arlington, VA 22202. The Contractor will be notified in writing concerning the replacement of the COR for this task order. Subsequent CORs will be appointed in writing and a copy of the appointment letter will be provided to the Contractor. 12.0 Key Personnel Qualifications Unauthorized Disclosure Sr. Functional Analyst: The position requires expert knowledge of national, DoD and Intelligence Community information security policies and procedures. Knowledge of the Department's supporting security functions to include operations security, critical program information/technology protection, declassification, and SCI and SAP security policies is highly desired. The SME should have security review experience, must be familiar with classification guidance construction, and must understand and interpret DoD policy governing disclosure of classified information. The SME must also be capable of recommending security policy positions and, once approved, representing those positions to a broad constituency at various forums as well as facilitate or chair forums to draft policy and/or achieve policy issue resolution. The SME must be capable of developing DoD security policy for UD related events, facilitating policy implementation by all components, and overseeing the effectiveness of DoD information security and UD policy throughout the department. The position requires the SME to coordinate with multiple agencies within DoD and with several external government agencies to promote and facilitate the interoperability among those departments and agencies that have interest or equities in preventing and deterring UD events. The SME shall have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree in a related field at a minimum is preferred. Office Management Sr. Functional Analyst: The position requires expert knowledge of overall office management and administrative support and office administrative processes. Knowledge of the Department's correspondence staffing procedures, the Defense Travel System, ATAAPS Time and Attendance system, and the Staff Action Control and Coordination Portal is highly desired. The SME should have experience with classified correspondence, expert knowledge of Microsoft Office suite tools, knowledge of government and best business practices, experience in writing, editing, and managing executive correspondence. The SME must be familiar with maintaining, marking, filing, and retaining electronic records in accordance with the Office of the Secretary of Defense federal records disposition schedule approved by the National Archives and Records Administration. The SME must be capable of formatting and some editing of formal letters, memoranda, read ahead briefing/meeting packages, activity reports, senior leadership reports, and travel/training/personnel documents. The position requires the SME to arrange meetings, conferences, and video-teleconferencing, to include taking minutes and maintaining invitation/attendee contact rosters for Directorate executives. The SME must have 5-7 years of office management experience on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree in a related field is preferred. Personnel Security Sr. Functional Analyst: The position requires expert knowledge of DoD, Intelligence Community, and national-level personnel security policies and procedures. Knowledge of the Department's personnel security functions to include personnel security manager responsibilities and investigation and adjudication policies is highly desired. The SME must be capable of developing, updating, and coordinating policy and providing personnel security and Homeland Security Presidential Directive-12 interpretation and guidance as required. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for personnel security equities. Excellent writing and project management skills is highly desired. The position requires the SME to coordinate with the DoD services and components to resolve complex personnel security policy issues. The SME is expected to be familiar with all aspects of personnel security reform implementation and project management. The SME must have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree at a minimum is preferred. Information Security Sr. Functional Analyst: The position requires expert knowledge in DoD, Intelligence Community, and national level information security policies. Knowledge of the Department's information security related functions to include operations security, critical information protection/technology protection, declassification, SCI and SAP security policies is highly desired. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to the DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for information security equities. The SME must be capable of recommending security policy positions and, once approved, representing those positions to a broad constituency at various forums as well as facilitate or chair forums to draft policy and/or achieve policy issue resolution. The SME must have 5-7 years of security policy experience, classification and markings experience, and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree at a minimum in a related field is preferred. Industrial Security Sr. Functional Analyst: The position requires expert knowledge of DoD Intelligence Community, and national level industrial security policies and procedures. Knowledge of national level industrial security related issues impacting DoD, non-DoD, and the defense industrial base is highly desired. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for industrial security equities. The SME must be capable of providing support for key working groups such as the National Industrial Security Policy Program Advisory Committee and Defense Industrial Base Cyber Security Program. Furthermore, the SME must be capable of completing a wide spectrum of staff actions within established deadlines in response to Directorate, OSD, Joint Staff and Component leadership actions and requests concerning all facets of the Industrial Security Program. The SME will serve as a subject matter expert on various industrial security committees. The SME must be capable of developing, updating, and coordinating policy and developing action memos, congressional responses, briefings, background research, oversight visits, and participate in inter and intra agency meetings. The SME must have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree is preferred. Section D - Packaging and Markings All deliverables shall be marked with the contractor's name, contact information, date delivered, and contract number Section E - Deliveries & Performance E.1 All inspection and acceptance terms are contained in FAR 52.212-4 for firm-fixed-price. E.2 Contractor Responsibility. The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with contract requirements. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry. E.3 Services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government Section F - Deliveries & Performance F.1 Period of Performance. The period of performance for this contract will be a 12-month base period and four 12-month option periods. F.2 Place of Performance. Work will be performed at the Pentagon, Arlington VA; Crystal City, VA; or other government sites within the National Capital Region. The standard workweek is Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Actual hours vary from office to office within OUSD(I). F.3 Recognized Holidays. Unless required under the terms of the contract or authorized by the contracting officer, the contractor shall not plan to work at a Government facility on any of the following Government observed legal holidays: New Year's Day, Labor Day, Martin Luther King Jr.'s Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. Section G - Contract Administrative Data G.1 Submission of Invoices WHS AD WAWF INVOICING INSTRUCTIONS (Apr 2010) To implement DFARS 252.232-7003, "Electronic Submission of Payment Requests and Receiving Reports (March 2008)", Washington Headquarters Services, Acquisition Directorate (WHS/AD) utilizes WAWF to electronically process vendor requests for payment. The web based system is located at https://wawf.eb.mil, and allows government contractors and authorized Department of Defense (DoD) personnel to generate, capture, process and track invoice and acceptance documentation electronically. The contractor is required to utilize this system when submitting invoices and receiving reports under this contract. Submission of hard copy DD250/Invoice/Public Vouchers (SF1034) is no longer permitted. The contractor shall ensure an Electronic Business Point of Contract is designated in Central Contractor Registration at http://www.ccr.gov/ and register to use WAWF at https://wawf.eb.mil within ten (10) days after award of the contract or modification incorporating WAWF into the contract. Step by step instructions to register are available at http://wawf.eb.mil. The contractor is directed to submit the following invoice type: 2-n-1 - Services Only, including Construction **Do NOT use the WAWF Construction invoice type - it is not permitted for invoices paid in the MOCAS system Back up documentation may be attached to the invoice in WAWF under the "Misc Info" tab. Fill in all applicable information under each tab. With the exception of extensions, the following required information should automatically populate in WAWF; if it does not populate, or does not populate completely or correctly, enter the following information as noted: Contract Number TBD Delivery Order n/a Pay DoDAAC HQ0347 Issue By DoDAAC HQ0034 Admin By DoDAAC HQ0034 Inspect By DoDAAC/Extension HQ0208 Service Acceptor DODAAC/Extension or Ship to DODAAC/Extension or Service Approver DODAAC/Extension or Grant Approver DODAAC/Extension HQ0034/OSDTM2 DCAA Auditor DODAAC/Extension LPO DODAAC Leave Blank The Contractor shall verify that the DoDAACs automatically populated by the WAWF system match the above information. If these DoDAACs do not match then the contractor shall correct the field(s) and notify the contracting officer of the discrepancy (ies). The Contractor will need to enter a Shipment (or Voucher) Number in a specific format. • The correct format for a shipment number for MOCAS invoices is AAAXNNN where A = alpha, X = alphanumeric and N = numeric characters, followed by a "Z" suffix if it is a final invoice. (e.g. SER0001, BVN0002Z, SERA003) • WAWF will affix the prefix "SER" for 2-in-1 invoices and prefix "BVN" for cost vouchers to the Shipment (or Voucher) Number fields. For Combo documents, the contractor may enter their own three letter prefixes. Take special care when entering Line Item information. The Line Item tab is where you will detail your request for payment and material/services that were provided based upon the contract. Be sure to fill in the following items exactly as they appear in the contract: • Item Number: If the contract schedule has more than one ACRN listed as sub items under the applicable Contract Line Item Number (CLIN), use the 6 character, separately identified Sub Line Item Number (SLIN) (e.g. - 0001AA) or Informational SLIN (e.g. - 000101), otherwise use the 4 character CLIN (e.g. - 0001). • Unit Price • Unit of Measure • ACRN: Fill-in the applicable 2 alpha character ACRN that is associated with the CLIN or SLIN. Note - DO NOT INVOICE FOR MORE THAN IS STILL AVAILABLE UNDER ANY CLIN/SLIN/ACRN. Before closing out of an invoice session in WAWF but after submitting your document or documents, the contractor will be prompted to send additional email notifications. Contractor shall click on "Send More Email Notification" on the page that appears. Add the following email address michael.olsen@osd.mil in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the government is important to ensure that all appropriate persons are aware that the invoice documents have been submitted into the WAWF system. If you have any questions regarding WAWF, please contact the WAWF Help Desk at 1-866-618-5988. G.2 Contracting Officer's Representative (COR). The COR shall be the focal point for all contract administration matters related to performance of this PWS. Only the Contracting Officer can make changes to the contract or this PWS, and any such changes are not effective unless directed in writing by the Contracting Officer. The initial COR for this contract is: OUSD(I) Richard.weyrauch@osd.mil The contractor will be notified in writing concerning the replacement of the COR for this contract. Subsequent CORs will be appointed in writing and a copy of the appointment letter will be provided to the contractor. The COR is NOT authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract. The Contractor is responsible for promptly providing written notification to the Contracting Officer if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the Contracting Officer has issued a written directive or written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the Contracting Officer. If the Contracting Officer has designated an Alternate COR (ACOR), the ACOR may act only in the absence of the COR (due to such reasons as leave, official travel, or other reasons for which the COR is expected to be gone and not readily accessible for the day). COR authority IS NOT delegable. G.3 Points of Contact COR: Richard Weyrauch Tel: 703-604-1223 Email: richard.weyrauch@osd.mil Contract Specialist : Steve Slagle Tel: 703-545-1981 Email: steve.slagle.ctr@whs.mil Contracting Officer: Christopher Harris Tel: 703-545-3573 Email: chris.harris@whs.mil Contractor: TBD Section H - Special Contract Requirements H.1 Pricing under FAR 52.217-8 In the event the Government exercises its unilateral right under FAR clause 52.217-8, Option to Extend Services, the unit price for the performance of services during this period will be the latest price(s) agreed upon in the contract or subsequent modifications. H.2 Government Furnished Equipment The government will provide office space, furniture, supplies, and automated office equipment. Access will be granted to classified and unclassified military LAN services, LAN support, telephones, and reproduction facilities at the place(s) of performance. The government will provide access to relevant government organizations, information, documentation, manuals, texts, briefs, and associated materials as required and available. Access will be granted to classified networks as directed by the designated security authority. The government will provide workstations and software required. H.3 Special Contract Requirements for Service Contracts a. Inherently Governmental Functions - No inherently government functions as defined in FAR 2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer's Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function. b. Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract. c. Identification of Contractor Personnel - In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Department of Defense (DoD), but rather shall identify themselves as being under contract to DoD. To that end, contractor personnel shall: 1) identify themselves as contractor personnel at meetings by introducing themselves or being introduced as contractor personnel; 2) display distinguishing badges or other visible identification for meetings with Government personnel; and 3) identify themselves as contractor employees in telephone conversations and in formal and informal (e.g. e-mail) written correspondence. H.4 Organizational Conflicts of Interest - Disclosure (a) Purpose. This clause applies to the Contractor and its affiliates, consultants and subcontractors of any tier (collectively referred to as "Contractor"). This clause must be included in all subcontracts and other agreements executed by the prime contractor in connection with submitting the prime contractor's proposal or performing the work. Attention also is directed to FAR Subpart 9.5 and the provisions which follow. (b) Government Contractor Participation in Solicitation/Statement of Work, Award or Administration. The following Government contractors participated in the preparation of the Statement of Work/Solicitation or are expected to assist in the award and administration of the contract: 1. Infinity Technology 2. Horizon Industries LTD. (c) Scope-Actual or Potential Conflicts of Interest. This clause is intended to ensure that the Contractor (1) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of actual or potential unauthorized use or disclosure of proprietary or procurement-related information, (2) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of any relationship (social, familial, financial etc) between the Contractor or Contractor's employees and any Government employee, Government contractor or Government contractor employee involved in the procurement process or the administration of the contract whether or not specifically identified in this solicitation, (3) is not biased or potentially biased or its ability to render impartial advice to the Government impaired or potentially impaired due to Contractor's current or planned interests (financial, contractual, organizational or otherwise) that relate to the services performed or products to be delivered under this solicitation, or (4) any other potential conflict of interest identified or within the scope of FAR 9.5. Parts (1), (2) and (3) above are examples of potential conflicts of interest governed by this clause. (d) Contractor Representation. The Contractor represents by submission of its offer that, to the best of its knowledge and belief, Contractor has no actual or potential conflict of interest or, pursuant to paragraph (e), has disclosed to the Contracting Officer in writing all relevant information regarding any actual or potential conflict of interest. (e) Contractor Disclosure of Actual or Potential Conflicts of Interest Before and After Award. If, before or after award, an actual or potential conflict of interest is identified by the Government or discovered by the Contractor, the Contractor shall immediately make a full disclosure in writing to the Contracting Officer. The Contractor further recognizes that during the term of this contract, conditions may change which may give rise to a newly recognized actual or potential conflict of interest. In the event that the Government identifies or the Contractor discovers an actual or potential conflict of interest before or after award, the Contractor shall, at a minimum, immediately provide the following information: (1) a description of the actual or potential conflict of interest and identify the parties involved; (2) a description of the work affected by the actual or potential conflict of interest; and (3) a mitigation plan as described in section (f). (f) Mitigation Plan. To the extent that the Contractor or the Government has at any time before or after award identified an actual or potential conflict of interest, the Contractor shall propose a mitigation plan which concisely describes all relevant facts concerning any potential conflict of interest including any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the services performed or product to be delivered under this solicitation. The mitigation plan shall describe the actions or planned actions the Contractor has taken or proposes to take, to avoid, mitigate, or neutralize the conflict of interest. If accepted by the Contracting Officer, the mitigation plan will become part of the contract. (g) Final Authority. The Contracting Officer is the final authority in determining whether a conflict of interest exists and whether the conflict of interest has been adequately mitigated, neutralized or avoided. (h) Remedies. The presence of an actual or potential conflict of interest that, in the Contracting Officer's discretion, cannot be avoided, mitigated or neutralized, may preclude the Contractor from competing for the award or, if the conflict is discovered after award and cannot, in the Contracting Officer's discretion, be neutralized, mitigated or avoided, may result in termination of the contract. If the conflict of interest results from conflicting financial or other interests involving Contractor personnel performing under this agreement, the Contracting Officer may require the Contractor to remove such personnel from performance of work under the contract as a means to avoid, neutralize or mitigate the conflict of interest. If the Contractor was or, with reasonable diligence, should have been aware of a potential conflict of interest before award, or discovers or with reasonable diligence should have discovered an actual or potential conflict after award and does not disclose or misrepresents relevant information to the Contracting Officer, it will be deemed a material breach of the agreement/solicitation. In that event, the Government may elect to terminate the contract for default. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation. (i) The Contractor may not compete for any requirement that incorporates, involves or relates to any work performed by contractor under this solicitation unless otherwise authorized in writing by the Contracting Officer. H.5 Compliance with Pentagon Regulations - Contractor and Subcontractor Conduct The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities. All contractor personnel must adhere to highest standards of personal conduct including, but not limited to, the standards of conduct for the Pentagon Reservation in 32 CFR Part 234. The contractor is responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance and the highest standards of personal conduct. In the event the contractor fails to remove any employee from the contract work whom the Contracting Officer or the Contracting Officer's designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be inimical to the Government's mission, the Contracting Officer or the Contracting Officer's designated representative may, in writing, require the contractor to remove the employee from work under this contract. This contract incorporates 32 CFR 234, "Conduct on the Pentagon Reservation." Any contractor employee that violates the standards of conduct proscribed by 32 CFR 234 shall be deemed unfit and otherwise objectionable under paragraph (a) of this provision and may be subject to removal from the contract work. This provision applies to all subcontractors or vendors of any tier utilized by contractor to perform the work. The contractor is responsible for incorporating this provision in all subcontracts or other contracts awarded by contractor to perform the work. For purposes of this provision, the terms "employee" or "contractor employee" includes all contractor, subcontractor or vendor employees of any tier utilized by contractor to perform the work. H.6 Security Requirements a. All tasks must be conducted in full compliance with DoD security regulations. Personnel assigned by the contractor to perform work under this contract must hold an active Top Secret/Sensitive Compartmented Information (TS/SCI) clearance before starting work and the clearance must be maintained during the entire period of performance. The Contractor shall submit the security nomination packages for the personnel assigned to the contract at the time of award. In the event that the necessary security clearances are not adjudicated within the timelines described above, the Government will require the Contractor to develop a work-around plan to meet the requirements of the PWS and submit it to the Contracting Officer for acceptance. In the event that an acceptable plan is not submitted, the Government shall be entitled to an equitable adjustment to the contract and any other rights under this contract or applicable law including termination for default. The Contractor's Facility Security Officer (FSO) shall submit Personnel Security Clearance (PCL) validation through use of a Visit Authorization Request (VAR) for each employee, in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) to the designated security representative. Changes in PCL status of contractor employees shall be forwarded in writing to the Contracting Officer and the designated security representative. All contractor personnel will be required to sign a Non-Disclosure Agreement. b. Security Classification Guidance In addition to the personal security clearances described above, the contractor, to be eligible for award, must hold, on the date proposals are submitted, an active Top Secret facility clearance that must be maintained throughout the period of performance. All Security Classification Guidance is provided on DD Form 254, Department of Defense Contract Security Classification Specification (hereafter referred to as the DD 254). Any changes or additional security classification guidance shall be provided to the Contractor in writing, through updates and modifications to the DD 254. At no time will the Government issue classification guidance in any other form (verbal, e-mail, etc.). c. Facility Security Clearance (FCL) The Contractor's FSO shall report, in writing, to the Contracting Officer any changes in the Contractor's security status throughout the contract period of performance. d. Sub-Contractors Subcontractors shall comply with the same security requirements as the Contractor. The Contractor shall issue DD 254s to each subcontractor reflecting the same security requirements applicable to the prime contract. The contractor shall also sponsor subcontractor(s) for an FCL and associated PCL(s) required in accordance with the DD 254. H.7 Key Personnel (a) The Contractor shall notify the Contracting Officer prior to making any changes in personnel assigned to key positions. The key position is defined as: (1) Senior Functional Analyst (2) Office Management Functional Analyst (3) Personnel Security Senior Functional Analyst (4) Information Security Senior Functional Analyst (5) Industrial Security Senior Functional Analyst (b) During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless illness, death, or termination of employment necessitates the substitution. The Contractor shall notify the Contracting Officer as soon as possible after the occurrence of any of these events and provide the information required below. After the initial ninety (90) calendar day period, the Contractor may propose substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contractor shall, prior to making any substitution permanent, demonstrate to the satisfaction of the Contracting Officer that the qualifications of the proposed substitute personnel are equal to or better than the qualifications of the personnel originally identified for the position. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on proposed substitutions. Section I - Clauses/Provisions Clauses/Provisions Incorporated By Reference 52.203-7 Anti-Kickback Procedures OCT 2010 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns JAN 2011 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-6 Drug-Free Workplace MAY 2001 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009 252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government JUN 2010 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DEC 2006 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States MAR 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 Clauses/Provisions Incorporated By Full-Text 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION) (AUG 2012) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun andBradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(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 Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM 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. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM 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. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. (End of Clause) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) ALTERNATE I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) 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, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Subsidiary means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned 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 its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and 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 electronically on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the 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 (n) 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 ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern. Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-- (i) It * is, * is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _____________________________________________ (10) 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 ( ) is, ( ) 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): Average Annual Number of Employees 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 (11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either-- (A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(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: ____________.) (12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) (The offeror shall check the category in which its ownership falls): ____Black American. ____Hispanic American. ____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, 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. (d) Certifications and representations required to implement provisions of Executive Order 11246-- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ) has, ( ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) 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--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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.) 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) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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 followingsupplies 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 (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) ( ) Are, ( ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ballot] Have, [ballot] 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. Sec. 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. Sec. 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. Sec. 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). (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ) TIN: --------------------. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ) Sole proprietorship; ( ) Partnership; ( ) Corporate entity (not tax-exempt); ( ) Corporate entity (tax-exempt); ( ) Government entity (Federal, State, or local); ( ) Foreign government; ( ) International organization per 26 CFR 1.6049-4; ( ) Other ----------------------. (5) Common parent. ( ) Offeror is not owned or controlled by a common parent; ( ) Name and TIN of common parent: Name ------------------------------. TIN -------------------------------. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) 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) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012) (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: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). X (2) 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)). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ____ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Oct 2001) of 52.219-9. ____ (iii) Alternate II (Oct 2001) of 52.219-9. ____ (iv) Alternate III (Jul 2010) of 52.219-9. ____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). X (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). ____ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ____ (ii) Alternate I (June 2003) of 52.219-23. ____ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). X (23) 52.219-28, Post Award Small Business Program Re-representation (Apr 2012) (15 U.S.C. 632(a)(2)). (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)). ____ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)). X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ____ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 3126). X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ____ (ii) Alternate I (Dec 2007) of 52.223-16. X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). ____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (MAY 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). ____ (ii) Alternate I (Mar 2012) of 52.225-3. ____ (iii) Alternate II (Mar 2012) of 52.225-3. ____ (iv) Alternate III (Mar 2012) of 52.225-3. ____ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ____ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ____ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). ____ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ____ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ____ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (51)(i) 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). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (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: X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). _____ (6) 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.). _____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (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), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 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). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 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.). (xi) 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.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 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. (xiv) 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. (End of clause) 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 15 days. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years. (End of clause) 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/ (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-0002 LINE ITEM SPECIFIC: SEQUENTIAL ACRN ORDER. (SEP 2009) The payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric. (End of clause) 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN 2005) (a) Definitions. As used in this clause- (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it - (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2012) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. X 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) X 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) ____ 252.203-7003, Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (JUN 2012) (15 U.S.C. 637). (5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) ____ 252.225-7001, Buy American and Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____ Alternate I (OCT 2011) of 252.225-7001. (7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUN 2012) (10 U.S.C. 2533b). (9) X 252.225-7012, Preference for Certain Domestic Commodities (JUN 2012) (10 U.S.C. 2533a). (10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts). 12) ____ 252.225-7017, Photovoltaic Devices (JUN 2012) (Section 846 of Pub. L. 111-383). 13)(i) ____ 252.225-7021, Trade Agreements (JUN 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (OCT 2011) of 252.225-7021. (iii) ____ Alternate II (OCT 2011) of 252.225-7021. (14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (16)(i) ____ 252.225-7036, Buy American Act-Free Trade Agreements-Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (JUN 2012) of 252.225-7036. (iii) ____ Alternate II (JUN 2012) of 252.225-7036. (iv) ____ Alternate III (JUN 2012) of 252.225-7036. (v) ____ Alternate IV (JUN 2012) of 252.225-7036. (vi) ____Alternate V (JUN 2012) of 252.225-7036. (17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (18) ____ 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (19) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts). (20) ____ 252.227-7013, Rights in Technical Data--Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (21) X 252.227-7015, Technical Data-Commercial Items (DEC 2011) (10 U.S.C. 2320). (22) X 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c)))(10 U.S.C. 2321). (23) X 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (24) X 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84) (25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (26) X 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (27) ____ 252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84). (28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (29)(i) X 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (30) X 252.247-7024, Notification of Transportation of Supplies by Sea (MAR (2000) (10 U.S.C. 2631). (31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417). c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). 2) 252.227-7013, Rights in Technical Data--Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)). (3) 252.227-7015, Technical Data--Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)). (4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c)). (5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) Section J - List of Attachments Title No. of Pages Attachment #1- Non-Disclosure Agreement 2 Attachment #2- Past Performance Questionnaire 3 Section L - Instructions to Offerors The Government intends to make a single award to the responsible offeror who submits the best value proposal. The competition will be conducted in accordance with the policies FAR part 12.6 in combination with the solicitation procedures in FAR part 15. L.1 Offers shall submit the following: Volume I - Technical Chapter/Title Max. Page Limits Electronic Copies (1) Cover Section 3 Pages One (2) Resumes 20 Pages (3) Past Performance 6 Pages (4) Representations & Certifications Unlimited Volume II - Price Chapter/Title Max. page Limit Electronic Copies (5) Price Unlimited One *A complete proposal consists of two separate volumes: Technical and Price. 1. Cover Section a. Offerors shall submit a three-page cover section. i. The first page shall list the points of contact for technical and price questions, acknowledgement of any solicitation amendments, a statement of the degree of the offerors conformity with the terms and conditions in the solicitation, and a statement certifying that the offer is firm for 45 days from the date of submission. ii. The second page shall be a self-prepared, signed, and dated SF 1449. iii. The third page shall be a print out from the cognizant security system that demonstrates the offeror's status as company with a Top Secret facility clearance in accordance with the solicitation's security requirements. If the print out is more than one page, it is acceptable for the offeror to exceed the one page. 2. Resumes a. Offerors shall provide a resume for each identified resource who will be designated as "key" personnel. The key personnel shall meet the requirements found in the PWS. The resume shall: i. Describe the individual's specific experience as it relates to the requirements of the PWS. This shall include the identification, the specific responsibilities and accomplishments, and the dates of involvement for each project supported. ii. Identify all formal education (e.g., college, training courses, etc.), the dates attended, and degrees or certifications earned. iii. Identify the employment status of the individual (e.g., current employee, sub-contractor, contingent hire, etc.). The Offeror shall identify the anticipated start date for all contingent hires. iv. Identify the personnel's current Top Secret security clearance with Sensitive Compartmented Information (SCI) eligibility as evidenced by a DCID date reflected on either the JPAS or Scattered Castles record of the nominated individual. The Offeror shall also identify the anticipated security nomination package submission date (in terms of working days after notification of award) for the proposed personnel. b. The offeror shall describe the depth of its resources that are available to meet the Government's requirements. 3. Past Performance a. Offerors shall submit a past performance section that does not exceed six pages. b. The Offeror shall provide Project Summaries (two pages each) that identify three contracts or projects most relevant to the requirements of the PWS that are either ongoing or were completed within the last five years. The relevant Project Summaries shall be for projects of similar size, scope, and complexity as the work described in the PWS. If the Offeror has less than three relevant projects, the Offeror shall submit as many projects as it has. Offerors lacking relevant past performance should submit the requested information for the most applicable projects. "Relevant" and "Recent" projects are defined as projects ongoing or completed within the last five years with comparable levels of size, scope, and complexity to the services required in the Multimedia Support PWS. c. For the three relevant contracts or projects selected, the Offeror shall summarize the following information: i. Identify the customer, and provide the name, title/role, phone number, email address of a customer POC that is knowledgeable of the Offeror's performance on the contract or project. ii. Describe the nature of the contract or project and the specific tasks performed by the Offeror and how it relates to this requirement. iii. Describe the project team composition. iv. Describe cost and schedule performance (include explanations for any cost and/or time growth experienced. v. Provide the date the Past Performance Questionnaire was requested and to whom it was sent (see below). d. In addition to the Project Summaries, the Offeror shall initiate a Past Performance Questionnaires (attached) for each of the three relevant projects selected. The Offeror shall request that a representative (rater) most knowledgeable of the project complete the form and submit the Past Performance Questionnaire directly to the WHS/AD POC identified on the form no later than the proposal due date. The Past Performance Questionnaire shall be submitted to the WHS/AD POC by the rater, not by the offeror. e. Offerors are responsible for ensuring that the telephone numbers provided for the representative indicated on each Project Summary are accurate and that the representative is aware that the WHS/AD may be contacting them regarding the questionnaire and the Offeror's past performance. 4. Representations & Certifications a. Offers shall submit Representations & Certifications. This section has an unlimited page limit. b. A completed copy of the representations & certifications at FAR 52.212-3 Alt I (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). If the representations and certifications are completed in SAM, return only section b. c. In addition, the offeror shall include a completed copy of the representations & certifications at FAR 52.209-7, DFAR 252.209-7999, and DFAR 252.212-7000. 5. Price Proposal a. Offerors shall submit a price proposal. This section has an unlimited page limit. b. The pricing volume shall be submitted as a separate volume and in accordance with the CLIN format in Section B - Schedule of Supplies & Services. c. The proposed pricing shall include the base year and four option periods. The Offeror shall propose a firm-fixed price for CLINs 0001, 1001, 2001, 3001 and 4001. For CLINs 0002, 1002, 2002, 3002, and 4002 are Cost Reimburseable CLINS. d. For each proposed labor category, the Offeror shall indicate: the labor category title, the number of hours, and the unit price (loaded hourly rate). e. For proposal purposes, Offerors should assume a start date of March 1, 2013. Historically, the type of effort required by this PWS has been satisfied by approximately 4.25 FTE's. L.2 Text shall be at least single-spaced, on 8½ x 11 inch paper, with a minimum one-inch margin all around. Pages shall be numbered consecutively. Pages submitted in excess of the page limitations stated throughout this document will be removed and not evaluated. L.3 Print/Font size shall be of a minimum 12 point font size spacing. Bolding, underlining, and italics maybe used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable. L.4 Electronic copies of all proposal information for Volume I shall be submitted using Microsoft Office 2003, Microsoft Office 2007 or Portable Document Format (PDF) using Acrobat Adobe 9.0. Offerors shall NOT submit any documents in PDF that are copied as images. Offerors may use JPEG images for charts or screen shots. Volume II Price - Section B, shall be submitted in Microsoft Excel 2003 or 2007. Offerors shall name files in an unambiguous manner, using plain language text, which facilitates the evaluator's ease of accessing the files for evaluation, using standard naming conventions (e.g., offeror name-volume name). Each volume shall be in a single searchable file, with copy/paste capability. Offerors shall insert the file name in the header of each document. All documents shall be virus checked prior to submission. L.5 Any and all pricing information shall only appear in the Price volume. L.6 Late submissions, modifications, revisions, and withdrawals of offers: 1. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, to Steve Slagle and Chris Harris by the due date specified in this solicitation. However, the Contracting Officer may accept a proposal if less than two proposals have been submitted and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. 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. Email transmission is not instantaneous. The offeror is solely responsible for ensuring that its proposal arrives by the designated deadline. The Government takes no responsibility for any delayed transmission. 2. Offers may be withdrawn by written notice received at any time before the exact time set for receipt of 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. L.7 Provisions Incorporated by Full Text 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://farsite.hill.af.mil/farsite.html (End of provision) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) Section M - Evaluation Factors M.1 The Government intends to evaluate proposals and issue a single contract without discussions. Therefore the Offeror's proposal should contain the 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. If the Government decides that negotiations are necessary, it will establish a competitive range comprised of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. The Government may also summarily reject any offer not substantially in compliance with the terms and conditions of the solicitation. 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. M.2 Factors - Order of Importance. The evaluation factors are Acceptability, Mission Capability, Past Performance, and Price. Acceptability will be evaluated on a pass/fail basis. Mission Capability is more important than Past Performance. The technical factors (Mission Capability and Past Performance) individually and when combined are significantly more important than Price. Price will become increasingly more important as non-price evaluation factors become increasingly equal. M.3 The following factors shall be used to evaluate offers: 1. Acceptability a. Acceptability Criteria: The proposal will be reviewed to ensure that it conforms to all terms and conditions listed in the solicitation, the signed SF 1449, and has the requisite Top Secret facility clearance demonstrated by the Top Secret printout. If the offeror takes exception to any of the terms and conditions or fails to provide the signed 1449 or the Top Secret printout, the offer may be rejected and be considered no longer eligible for award. b. Acceptability Ratings: i. Pass: The proposal conforms to the terms and conditions listed in the solicitation. ii. Fail: The proposal does NOT conform to the terms and conditions listed in the solicitation. Technical c. Technical Criteria: The evaluation will consist of assessing the depth and appropriateness of the experience of the Offeror's proposed key personnel for the intended position. The evaluation will also assess the ability of the proposed offeror to meet the security clearance requirements for the intended positions. d. Technical Capability (Resume) Adjectival Ratings: i. Outstanding: The proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low. ii. Good: The proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low. iii. Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate. iv. Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high. v. Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable. 2. Past Performance a. Past Performance Criteria: The evaluation will consist of assessing the relevancy of the Project Summaries to the scope, magnitude, and the types of tasks set out in the PWS. When evaluating past performance the government will consider: i. Experience performing technical tasks in the PWS. ii. Dollar value (i.e. magnitude) of the contractor's related experience iii. DoD experience and other experience-related benefits that may affect the execution of the requirement. iv. The degree to which the contractor has satisfied its customers. b. Past performance within the DoD and OUSD(I) is considered more relevant than performance with other government agencies. The government may also consider information obtained from any other sources when evaluating past performance. Failure of a contractor to disclose a relevant Government contract with poor past performance may affect the contractor's past performance rating. c. Past Performance Adjectival Ratings: Past Performance will be given two ratings. The first rating will be a relevancy rating, based on the following: i. Very Relevant: Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. ii. Relevant: Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. iii. Somewhat Relevant: Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. iv. Not Relevant: Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. The second rating will be a Performance Confidence Assessment, based on the following: i. Substantial Confidence: Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. ii. Satisfactory Confidence: Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. iii. Unknown Confidence (Neutral): No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. iv. Limited Confidence: Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. v. No Confidence: Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort. d. The Government reserves the right to determine which past performance examples submitted by the Offeror are relevant to the requirements. e. In accordance with FAR 15.305(a)(2)(iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance (neutral evaluation). 3. Price a. The evaluated price is the sum of the pricing for the base period, all option years, and the six-month extension authorized by 52.217-8. Extension pricing will be calculated as one half of the last option year. Price will be evaluated for reasonableness and completeness. Price reasonableness evaluation may use one or more of the price analysis techniques in FAR 15.404-1. b. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). c. A written notice of award or acceptance of an offer 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. M.4 Evaluation Definitions a. Strength: An aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance. b. Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance. c. Significant Weakness: A flaw in the proposal that significantly increases the risk of unsuccessful contract performance. c. Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. M.5 Offerors are cautioned against submitting an unbalanced offer. The Government will analyze offers to determine whether they are unbalanced with respect to price. An example of an unbalanced offer would be proposed labor rates that are significantly less than or significantly overstated in relation to the proposed rates for other labor categories (either of the offeror's proposal or the same labor categories as proposed by other offerors). The Government may also consider an offer unbalanced if there is a significant difference between proposed labor rates in the same labor category between option periods or the proposed costs/prices from year to year are above what would be considered a reasonable adjustment for inflation. Offers that are determined unbalanced may be rejected. M.6 Protests (Agency-Level) Potential bidders or offerors may submit a protest directly to the Contracting Officer. As an alternative to the Contracting Officer's consideration of the protest, a potential bidder or offeror may request an independent review of their protest by a WHS Protest Deciding Official. A request for an independent review shall be submitted to: Angela Kornegay, Division Director WHS/AD Enterprise Analysis & Studies Division 2421 S. Clark Street, Suite 3000 Arlington, VA 22202-3909 A protest decision by the Contracting Officer or WHS Protest Deciding Official is final and not subject to appeal or reconsideration within WHS.
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