FBODaily.com | FedBizOpps: PRESOL | 70 | Mainframe Processor Solution - Package #1

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 16, 2013 FBO #4314
SOLICITATION NOTICE

70 -- Mainframe Processor Solution - Package #1

Notice Date: 9/14/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 334111 — Electronic Computer Manufacturing
Contracting Office: Railroad Retirement Board, Acquisition Management Division, OA, Procurement Section, 844 North Rush Street, 9th Floor NE, Chicago, Illinois, 60611-2092
ZIP Code: 60611-2092
Solicitation Number: RRB13R004
Point of Contact: Paul T. Ahern, Phone: (312) 751-7130, Velinda Nix, Phone: (312) 751-3387
E-Mail Address: paul.ahern@rrb.gov, velinda.nix@rrb.gov
(paul.ahern@rrb.gov, velinda.nix@rrb.gov)
Small Business Set-Aside: N/A
Description: RRB13R004 - Attachment 8 - SubContracting Plan RRB13R004 - Attachment 7 - Justification for Other than Full and Open Competition (Brand name only) RRB13R004 - Attachment 6 - Buy American Act Certificate RRB13R004 - Attachment 5 - PIV Requirements Notice RRB13R004 - Attachment 4 - EIT Certificate RRB13R004 - Cover Letter RRB13R004 - RFP Page 1 SF1449 RRB13R004 - RFP Body Text pages 2-58 •I. Introduction and Purpose •A. Purpose of this acquisition - The Railroad Retirement Board (RRB) seeks to procure an IBM Mainframe processor to support its Mainframe processing environment. The provided solution shall replace the RRB's current IBM z9 Model 2096-S07 L03 200 MIP and provide the processing power and memory to run RRB mainframe-based applications and data. See Attachment 6, Limited sources justification - Brand name only for this procurement. Non IBM Mainframe Solutions will not be accepted •B. RRB General Information - The U. S. Railroad Retirement Board (RRB) is an independent Federal agency that administers a retirement and survivor benefits program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. Its benefits program was the forerunner of the more familiar Social Security System. The Railroad Retirement System is unique inasmuch as it is the only federally administered benefits program covering a single private industry. The RRB also administers the Railroad Unemployment Insurance Act, which provides unemployment and sickness benefits to railroad employees. •C. Background The RRB was advised that its IBM z9 Model 2096-S07 L03 200 MIP Mainframe processor, although still supported by the manufacturer, was no longer eligible of being upgraded to higher level processors or increased memory in the IBM Series as of June 30, 2010. Although fully operational, the RRB wants to replace the IBM z9 Model 2096-S07 L03 200 MIP with a Mainframe processor that fully supports its IBM mainframe based applications and data, is in current production, and is fully supported and upgradeable by the manufacturer to ensure continuity of IT operations supporting the RRB's benefit payment program mission. •II. SCHEDULE OF SOLUTIONS SERVICES AND PRICING •A. Offerors shall provide firm fixed prices or firm fixed price rates for all the following CLINS and subCLINs 0001 through 0010 listed below to purchase, and install, configure, train, and maintain a replacement Mainframe Processor solution for the RRB's existing IBM z9 Mainframe Processor and to deinstall purge and remove the existing Mainframe. Fixed prices and FFP rates shall be fully loaded to include all travel per diem, miscellaneous parts, cables and connections and services needed to furnish and maintain the Mainframe processor Solution. PRICING OF NEW MAINFRAME PROCESSOR WITH A CAPACITY OF 280-338 MIPS CLIN PRODUCT/SERVICES DESCRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT 0001 Furnish a new mainframe processor with a capacity of 280-338 MIPs (Sec III. A&B ) 1 SYS $ $ 0002 Implement, Configure, and Install new mainframe processor solution in RRB's Mainframe data operations Environment per Section III.C 1 JOB $ $ 0003 De-installation, data purging, removal and shipment of existing IBM z9 2096-S07 L03 200 MIP processor per section III.C. 1 JOB $ $ 0004 Trade-In credit, as applicable, for the existing IBM z9 2096-S07 L03 200 MIP processor 1 JOB $ $ 0005 Training RRB staff on operation of the new mainframe per RFP Section III.D 1 JOB $ $ 0006 Initial Year Maintenance support of Mainframe processor solution, per RFP section III.E and F, from RRB system acceptance of the new mainframe processor for one year from ##/##/#### through ##/##/#### (TBD). (If already covered under a post installation warranty so state - ________________. 12 MO $ $ 0007 1st Option year Maintenance support of the Mainframe processor solution, per RFP section III.E and F, starting effective on the first anniversary of RRB System acceptance of the new mainframe processor for one year from ##/##/#### through ##/##/#### (TBD) 12 MO $ $ 0008 2nd Option year Maintenance support of the Mainframe processor solution, per RFP section III.E and F, starting effective on the second anniversary of RRB System acceptance of the new mainframe processor for one year from ##/##/#### through ##/##/#### TBD 12 MO $ $ 0009 3rd Option year Maintenance support of the Mainframe processor solution, per RFP section III.E and F, starting effective on the third anniversary of RRB System acceptance of the new mainframe processor for one year from ##/##/#### through ##/##/#### (TBD). 12 MO $ $ 0010 4 th Option year Maintenance support of the provided Mainframe processor, per RFP section III.E and F, starting effective on the fourth anniversary of RRB System acceptance of the new mainframe processor for one year from ##/##/#### through ##/##/#### (TBD). 12 MO $ $ •1. Offerors will submit, supplementing this section II.A, a detailed price quote with manufacturer parts numbers indicating the offered Mainframe Processor Solution and component or peripheral part numbers for all equipment, software, and cables/peripherals related to successful completion of the furnished Mainframe Processing solution for CLINS 0001AA and 0001AB at a minimum. •B. Contractor Information for Contract/order Administration Offeror shall furnish the following information including required attachments •1. Order Address _______________ ______________ ______________ •2. Business Size _______________ •3. Federal Tax ID # _______________ •4. DUNS No. _______________ •5. Remit Address _______________ _______________ _______________ •6. GSA IT Multiple Award Schedule (MAS) Contract Number _______________, if applicable; Effective Dates: _______________ to •7. Authorized Rep: Business Technical Name ___________ _________ Phone ____________ _________ Fax ____________ _________ •8. Offeror is registered with Central Contractor registration on SAM.gov YES [ ] NO [ ] •9. Offeror must be registered and current on SAM.Gov to receive a contract award •III. STATEMENT OF WORK •A. As part of this solicitation the offeror shall furnish and install on the new IBM mainframe processor the necessary equivalent equipment to that listed below to facilitate the usage of and the hardware that is connected to the RRB's current IBM z9 2096-S07 L03 200 MIP processor: •1. A new IBM mainframe processor with a capacity of 280-338 MIPs •2. 32 GB processor memory •3. Hardware management console (HMC) •4. Support for 64 bit addressing •5. Support a minimum of 10 Logical Partitions (LPARs) •6. 2 X-CRYPTO cards (feature code 2C40) •7. Support for 2 ESCON channels via two ESCON channel cards •8. 2 OSA-Express Gigabit Ethernet SX cards (feature code QD8S with two ports on each card) usable across all LPARs •9. 2 OSA-Express 1000BASE-T Ethernet cards (feature code QD8Z with two ports on each card) usable across all LPARs - 1 port on each card is configured as an Integrated Console Controller (OSA-ICC) and 1 port on each card is configured for SNA •10. The RRB has 2 FICON Express4 4Gb SX cards (feature code 3322 with 4 ports on each card); the RRB would like to replace these with 2 FICON Express8 4Gb SX cards (feature code 3326 with 4 ports on each card) if they are able to connect to and utilize FICON Express4 4Gb SX cards (feature code 3322 with 4 ports on each card) •11. Jumper cables for channel connections •B. The Contractor shall also fulfill the following additional RRB requirements for the furnished mainframe processor solution: •1. All equipment offered shall be new or factory rebuilt to original specifications and must be offeror OEM certified for maintenance. •2. The new mainframe processor with a capacity of 280-338 MIPS shall be in current production. •3. The new mainframe processor with a capacity of 280-338 MIPS shall run with the full inventory of RRB hardware and software including z/OS 1.13 and above (see Attachments 1 and 2 for the RRB's IT overview and current hardware/software inventories). •4. Equipment shall be delivered (arriving on or before MM/DD/YYYY ) and installed in the RRB's second floor data center at 844 N. Rush St, Chicago, IL 60611. •C. Installation Services requirements for new Mainframe Processor Solution and deinstallation services requirements for the existing IBM z9 Model 2096-S07 L03 200 MIP Processor: •1. Installation shall be successfully accomplished and the system shall be configured, tested, and fully operational, within the RRB operations environment. •2. During actual system cut-over, the only operational disruption (downtime or degraded operations) shall be within the time window from 6:00 AM Saturday MM/DD/YYYY until 6:00 AM Sunday MM/DD/YYYY, Chicago time. The contractor shall have the upgraded system ready for the RRB to perform a power on reset and initial program load no later than 6:00 AM Sunday, MM/DD/YYYY (Exact date TBD). •3. The Contractor shall provide the de-installation, data purging, per applicable NIST regulations and special publications, removal and shipment of the RRB's current IBM z9 2096-S07 L03 200 MIP processor. The Contractor shall also provide de-installation and disposal off-site of any cabling deemed unusable for the new mainframe processor. Offerors are encouraged to conduct a site visit/survey (see provision III.D.16) to determine scope of de-installation. The de-installed IBM z9 2096-S07 L03 200 MIP processor components shall be removed by the offeror and if returned to IBM or another designee, the offeror is responsible for shipping to the appropriate location at no additional expense to RRB. •4. All packing materials from the new mainframe processor shall be removed from the RRB facility and disposed of by the Contractor at their own or a 3 rd party facility at no additional charge to the RRB. •5. All equipment and installation work shall be certified as fully eligible for offerors maintenance coverage. •6. All proposed installation technicians shall be fully certified by the manufacturer through the offeror to perform installations of the new mainframe processor. •7. Successful full-function validation tests shall be completed by the offeror (or the installation contractor) prior to system turnover to the RRB. •8. The Contractor's implementation services shall include but not be limited to: •a. Pre-installation preparatory consulting to address, for example, hardware migration issues, floor layout, electrical specifications, environmental considerations, physical specifications (door clearances, weight considerations, for example), cabling issues, etc. •b. Pre-installation preparatory consulting to address software issues. •c. Delivery and installation of the new mainframe processor. •d. Provide detailed instructions and assistance in migrating/setting up the hardware and software definitions (IOCDS and hardware configuration dialogues) needed to run the new mainframe processor with existing RRB hardware. The RRB shall provide the current configuration. The offeror shall build, load, test, and implement the new hardware configuration. •e. Provide detailed instructions and assistance migrating our current LPARs to the new mainframe. •f. Systems engineering assistance and/or consulting in the areas of system software updates, physical planning, testing, and system tuning. •g. Transfer, when applicable cables from the RRB's current IBM z9 2096-S07 L03 200 MIP processor to the new mainframe processor. •h. Provide necessary additional cabling (if any) for the new mainframe processor to facilitate currently connected equipment. The RRB intends to reuse existing cables to the maximum extent possible, as advised by the contractor. •9. Appropriate system documentation on each of the component systems shall be supplied on CD in Microsoft Word or PDF format, or other media or medium acceptable to the RRB. •D. Training Services requirements for new Mainframe Processor Solution shall include at a minimum, but not be limited to: •1. Training for approximately eight computer operations personnel on the new HMC should include but not be limited to providing training on the following: •a. General familiarity with the console •b. How to access the HMC •c. How to perform a Power on Reset (POR) •d. How to inactivate and activate Logical Partitions (LPARs) •e. How to respond to system messages using the HMC if the system consoles are unavailable for use •2. Training for approximately five system support personnel and IT system managers on the new mainframe processor should include but not be limited to providing: •a. All of the training listed for Operations personnel, above, plus; •b. A comprehensive technical orientation resulting in an in-depth understanding of the entire mainframe; •c. A comprehensive technical orientation and/or demonstration resulting in an in-depth thorough understanding of ALL console capable activities including but not being limited to explaining; • i. Level(s) of security on the HMC; and • ii. How to define Logical Partitions (LPARs) •3. Perform orientation and technical overview training for computer operators, system support staff, and managers. This may take place during normal day-shift hours. •E. Maintenance services requirements for new Mainframe Processor Solution shall include at a minimum, but not be limited to: •1. Remedial maintenance shall be provided 24 hours a day, seven days per week, including holidays for one year with four (4) one year options. On-site response time for remedial maintenance shall be provided within a maximum of two hours after RRB notification. A "phone home" feature shall directly notify the maintenance source when a priority maintenance need is detected, including, but not being limited to, a processor component failure, a predicted failure, the exceeding of environmental parameters, etc. The system shall also simultaneously page designated RRB employees (for example, the Chief of Operations Services) to provide notification. •2. Preventive maintenance consisting of hardware and software (microcode) maintenance shall be performed on a schedule as required by the offeror and mutually agreed upon by the offeror and the RRB. •3. The offeror shall provide documentation of its standard warranty provisions, the price of which is included in the purchase price of the proposed Mainframe Processor device. Complete the template below and attach the warranty policy documentation). •· Warranty period __________ days/months/year(from date of successful installation by offeror/acceptance by RRB) •· Coverage period __________ Hours/Day ______Days/Week •· Response Time __________ hours from notice by RRB - System Engineer •4. The Contractor shall maintain the equipment in its best practices and to meet the uptime availability for RRB mainframe processing operations as defined in section III.F. below. •F. Uptime Efficiency Level •1. The contractor guarantees that the new mainframe processor under this contract shall achieve a minimum efficiency level of 98.0% or greater. The efficiency level will be calculated on the new mainframe processor by dividing the number of hours that the mainframe processor was operable in any month by the total number of operational hours in that month. For purposes of this contract only, the agency's operations schedule shall encompass 24 hours per day, seven (7) days per week. Scheduled preventative maintenance as mentioned in E.2 above and scheduled downtime required by the RRB system engineers will not adversly affect the effincency level. •2. If the mainframe processor solution maintained under this contract fails to achieve the minimum required efficiency level for five (5) consecutive days, the contractor shall, upon request by the agency, replace the under-performing machine. The replacement mainframe processor shall be delivered, installed and ready for use within five (5) days notice. The replacement mainframe processor shall be new equipment in production at the time of replacement and shall meet or exceed both the capability and contract specifications applicable to the machine being replaced. The replacement machine shall be billed at the same rate as the machine being replaced, for maintenance services only. Replacement machines and installation configuration services shall be at no charge to the RRB. •G. Site Visit - RRB will allow a site visit to its data center located at 844 North Rush Street, Chicago, Illinois upon request. Please contact Mr. Paul Ahern at (312) 751-7130 or via email at paul.ahern@rrb.gov to arrange for a visit. Use RFP Number "RRB13R004" and the words "Site Visit Request" in the subject line of your email. •H. OEM Certification The offered equipment shall be new or shall be accompanied by a certificate of maintainability from the original equipment manufacturer. The equipment offered shall be in current production. The Contractor shall Furnish a certification to the RRB IT staff COR prior to RRB acceptance of the Mainframe Processor solution. •J. Section 508 Under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), acquisitions of Electronics and Information Technology (EIT) supplies and services shall meet the accessibility standards as set forth in Attachment 4 to this solicitation offerors shall complete the certificate at Attachment 4 and certify which accessibility standards the offered EIT products and/or services meet. •K. Post-award conference In order to codify the implementation and procedural issues attendant upon contract performance, a post-award conference will be held at the RRB headquarters facility in Chicago, IL no later than ten (10) business days after contract award. The Contractor must attend this conference and be prepared to discuss the project milestone events and schedule. The Contractor will be responsible for all costs related to attending this conference. •L. Background checks The contractor's employee(s) assigned on this project shall successfully pass the necessary background/security checks - See Attachment 4. Contractor personnel assigned to support the RRB shall be subjected to suitability screening and background investigation, in accordance with Federal regulations. Background investigation shall include, at a minimum, checking criminal court records and verifying social security number, credit, employment, education records, and reports to determine suitability for employment. Contractor personnel engaged in this contract shall receive computer security awareness training (of approximately 1 hour or less) in accordance with the Federal Information Security Management Act (FISMA) of 2002. •M. Network Access Security Requirements The selected contractor shall comply with the RRB's system security requirements for personnel and equipment requiring access to the RRB computer network. For network access, all contractor employees shall sign form G-455 (Computer Access Authorization Request), read the G-15 (Information Systems Security Awareness Training for the RRB), sign G-15a (Employee Acknowledgment Statement for the Information Resources Security Program for the RRB), complete and sign the SF-85p (Questionnaire for Public Trust Positions). For personnel having access to annuitant/beneficiary/claimant information, the individuals shall meet with the RRB's privacy official for a brief training session. All network-connected computers must have antivirus software with the current virus definition file(s) installed. •N. Attachments 1, 2, and 3 provide information on the RRB's IT Infrastructure which contain sensitive but unclassified information or Privacy Act Data. For security reasons, these documents shall be provided to interested potential offerors upon request. Offeror requests must be on company letterhead. These attachments will not be submitted with this solicitation document. Any unauthorized review, use, disclosure or distribution of these attachments is prohibited. All inquiries shall identify the solicitation number and be addressed and/or faxed,(312/751-4923) or emailed (Paul.ahern@rrb.gov) to: U.S. Railroad Retirement Board Mr. Paul Ahern Acquisition Management 844 North Rush Street Chicago, IL 60611 • IV. CONTRACT CLAUSES AND PROVISIONS •A. Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, FAR 52.212-5, (Sep 2013) (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) ). ___Alternate I (Aug 2007) of 52.222-50 ( 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: [ Contracting Officer check as appropriate.] __ (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 )). _X_ (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.) __ (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). __ (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] __ (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. _ X _ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) ( 15 U.S.C. 637(d)(2) and (3)). _ X _ (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) ). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). _ X _ (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. 657 f ). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (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). _X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (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 ). __ (32) 52.222-37, Employment Reports on Veterans ( Sep 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (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). _X _ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) ( 41 U.S.C. 10a-10d ). _ X _ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 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, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements ( Nov 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-System for Award Management (July 2013) ( 31 U.S.C. 3332 ). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) ( 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: [ Contracting Officer check as appropriate. ] __ (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) (Sep2009) ( 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. ). _X_ (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) 52.222-17, Nondisplacement of Qualified Workers ( Jan 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 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) 52.222-17, Nondisplacement of Qualified Workers ( Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 2010) ( 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) •B. Contract Terms and Conditions-Commercial Items, FAR 52.212-4 (Jul 2013) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727 ). However, when a third party makes payment ( e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended ( 41 U.S.C. 601-613 ). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause ( e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903 ) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903 ) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5 (b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall - (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the - (A) Circumstances of the overpayment ( e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2 ). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. ( The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 ; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. (End of Clause) •C. Offeror Representations and Certifications-Commercial Items, FAR 52.212-3 (Aug 2013) 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 (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- •1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(3) ). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2) ) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on 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,[ ]o is not a small business concern. (2) Veteran-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] 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. (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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern ). [ Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) [ Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the 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)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [ The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It [ ] has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions ( 31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American 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, Panamanian, 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, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [ List as necessary ] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (4) 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, Panamanian, 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, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American 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; (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; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [ The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503 (b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [ If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [ ] 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.) [ The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies. ] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4 (c)(1). The offeror [ ] does [ ] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4 (c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4 (d)(1). The offeror [ ] does [ ] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4 (d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701 ). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government ( 31 U.S.C. 7701(c)(3) ). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: ________________________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other ________________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification ( e.g., 52.212-3 (g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of certifications clause) •D. Subcontracting Plan Requirements The contractor shall be required to fulfill the subcontracting plan requirements in the FAR clauses listed in Section IV.B. above and numbered below if the total offered price for any services in amount including all options, will exceed $650,000. In that instance, the Offeror shall then complete the Small Business Subcontracting Plan at Attachment 8, with their proposal. •· 52.219-8, Utilization of Small Business Concerns (JAN 2011) •· 52.219-9, Small Business Subcontracting Plan (JAN 2011) •· 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) •E. Option to Extend Services, 52.217-8 (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 60 days. (End of clause) •F. Option to Extend the Term of the Contract, 52.217-9 (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 d a ys; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five years. (End of clause) •G. Availability of Funds for the Next Fiscal Year, 52.232-19 Funds are not presently available for performance under this contract beyond September 30, 2013. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) •H. Billing Contractor shall submit detailed invoices with quantities for items delivered and pricing as designated in Section II.A. Invoices will conform to FAR Clauses 52.232-25 Prompt Payment and 52.212-4 Terms and Conditions - Commercial Items. Billing for Maintenance Services shall be monthly in arrears. Billing for Solution systems hardware and software products and installation/configuration services shall be in arrears of installation of all provided devices at RRB HQ data center and acceptance by the RRB of the installation and configuration. Billing for products Hardware and software shall be in arrears of delivery of the hardware and software to the RRB headquarters. [ Section III Subsection Identifier "I" intentionally omitted] •J. Contracting Officer: The Contracting Officer has the overall responsibility for the administration of this contract. He alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. He may, however, delegate certain other responsibilities to his authorized representatives including the COR and the Contractor Administrator. •K. Credit for excessive downtime Each storage device furnished under the resulting contract shall perform at a monthly effectiveness level of 99.0%. The effectiveness level for the machine is computed by: (1)subtracting the total number of hours downtime from the Production time and, dividing that result by the total production time in the month. Total production time shall be computed by multiplying 24 hours per day by the number of working days in the month. All calendar days are production days including weekends and federal holidays. Scheduled maintenance downtime is excluded from this production time determination. If the monthly effectiveness level is 99.0 % or higher there is no credit due under this provision. Failure of any component of the Mainframe processor solution or the processor as a whole, that prevents the Mainframe solution from providing full functionality, as stated in the SOW, and thereby to achieve a monthly effectiveness of 99.0% shall entitle the Government to unilaterally take credit against the monthly billing for each day the equipment is inoperative. The credit shall be a prorate percentage amount of the monthly charge per machine, which shall be determined by subtracting the actual percentage of effectiveness level attained during the month from 100. •L. Conflicts of interest The offeror agrees not to have any direct or indirect financial or familiar interest, or engage in any activity, which conflicts substantially, or appears to conflict substantially, with the offeror's duties under this contract. The offeror further agrees that the RRB shall have the exclusive right to determine whether such a conflict of interest exists, and whether it is substantial. Failure of the offeror to adhere to this provision will, at the discretion of the RRB, result in the immediate termination of the contract without any further liability of the RRB. •M. TECHNICAL DIRECTION Performance of the work under this contract shall be subject to the technical direction of the Contracting Officer Representative (COR). The term "technical direction" is defined to comprise the following: •1. Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work. •2. Provisions of information to the Contractor which assists in the interpretation of drawings, specifications or technical portions of the work description. •3. Review and, where required by the contract, approve technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under this contract. •4. Technical directions must be within the general scope of work stated in the contract. The COR does not have the authority to and may not issue any direction which (1) constitutes an assignment of additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract article entitled "Changes"; (3) in any manner causes an increase or decrease in the estimated cost or the time required for contract performance; or (4) changes any of the expressed terms, conditions, or specifications of the contract. •5. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this Section and within his authority under the provisions of this Section. If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in (1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this Section and does not constitute a change under the Changes article of the contract. The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract article entitled "Disputes". •N. Energy Efficiency in Energy-Consuming Products, 52.223-15, (DEC 2007) (a) Definition. As used in this clause- "Energy-efficient product"- (1) Means a product that- (i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or (ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. (2) The term "product" does not include any energy-consuming product or system designed or procured for combat or combat-related missions ( 42 U.S.C. 8259b ). (b) The Contractor shall ensure that energy-consuming products are energy efficient products ( i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are- (1) Delivered; (2) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (3) Furnished by the Contractor for use by the Government; or (4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. (c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless- (1) The energy-consuming product is not listed in the ENERGY STAR® Program or FEMP; or (2) Otherwise approved in writing by the Contracting Officer. (d) Information about these products is available for- (1) ENERGY STAR® at http://www.energystar.gov/products ; and (2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html. (End of clause) •O. Commercial Computer Software License, 52.227-19, (DEC 2007) (a) Notwithstanding any contrary provisions contained in the Contractor's standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation. (b)(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract. (2) The commercial computer software may be- (i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; (ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; (iii) Reproduced for safekeeping (archives) or backup purposes; (iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; (v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and (vi) Used or copied for use with a replacement computer. (3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions. (c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract: Notice-Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No.___________________________. (End of provision) •P. Implementation Of Commonly Accepted Security Configurations For Windows Operating Systems a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the United States Government Configuration Baseline (USGCB) ( see http://usgcb.nist.gov/ ). This includes Internet Explorer 8, configured to operate on Windows 7. For the Windows 7 settings, see http://usgcb.nist.gov/usgcb/microsoft/download_win7.html. b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall. c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. t he offeror shall provide eight (8) copies of their technical proposal with sections separated as described below, only if standard mail is applicable. The technical proposal shall include a very specific description of the goods and services being offered in sufficient detail to evaluate compliance with the mandatory requirements and the evaluated technical factors of the solicitation. •Q. IT SECURITY AND PRIVACY CLAUSES AND PROVISIONS The following IT security and privacy clauses and provisions apply to this contract in the event that the contractor and or subcontractor require access to the RRB's information technology systems in order to provide services related to the MSEA during the term of the contract. •1. Security Information: •a. The RRB is a social insurance agency. Privileged information for railroad employees and dependent beneficiaries is accessible from all mainframe terminals, terminal sessions on desktop PC workstations, and VLAN/WAN servers. Privileged information is also available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and remote offices. Access to, and use of, this information is covered under the Privacy Act of 1975 and other U.S. Codes. The provision of the Federal Acquisition Regulation (FAR) section 52.239-1, Privacy or Security Safeguards (Aug 1996), is hereby incorporated by reference. •b. No copies of railroad employee or beneficiary information can be removed from a RRB site or retained by any member of the contractor staff in any transferable media, be that paper or electronic. •c. With the exception of cellular/digital telephones owned and used by the Contractor staff, no communications line other than those analog lines and data links installed and approved by the RRB will be allowed. •d. All CDs and diskettes used by the Contractor in the course of this project will be retained by the RRB upon completion of any phase of services under this contract. •2. Privacy Act Notification (APR 1984) FAR 52.224-1 The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. •3. Privacy Act (APR 1984) FAR 52.224-2 •(a) The Contractor agrees to - •1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies - • i. The systems of records; and • ii. The design, development, or operation work that the contractor is to perform; •2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and •3) Include this clause, including this subparagraph (c), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. •(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. •(c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. •4. Privacy or Security Safeguards (AUG 1996) FAR 52.239-1 (a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. (d) Each agency has its own rules regarding privacy and security of data. The RRB's rules are summarized in the following publications: (1) Privacy Act Information http://www.rrb.gov/bis/privacy_act/introduction.asp http://www.rrb.gov/bis/privacy_act/overview.asp http://www.rrb.gov/bis/privacy_act/information_rrb_maintains.asp (2) RRB's Privacy System of Records http://www.rrb.gov/bis/privacy_act/sornlist.asp (3) Internal Revenue Service's (IRS) Publication 1075, Tax Information and Security Guidelines for Federal, State and Local Agencies http://www.irs.gov/pub/irs-pdf/p1075.pdf (e) Anticipated threats and hazards that the contractor must guard against: •(1) Data stored on equipment following the completion of the project. •(2) Data removal process not including eradication methods. •(3) Contractor employees not fully versed in responsibilities with respect to Privacy and Security. •(4) Contractor accessing RRB data from unauthorized sites. (f) Safeguards that the contractor must specifically provide (see also Attachment 4 ) include: A contractor having access to RRB data should have in place preventive measures to assure that: (1) Accessed data is not retained in contractor files or on contractor's equipment. (2) Data temporarily housed on contractor's equipment must be eradicated, the space not just marked for reuse. (3) All contractor staff members are made aware of their responsibilities with respect to Privacy and Security. (4) Contractor access to RRB data is limited to RRB approved sites. •5. Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-9 (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee's employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. •6. Standard for Security Configurations (a) The Contractor shall configure its computers that contain RRB data with the applicable United States Government Configuration Baseline (USGCB) ( see http://usgcb.nist.gov/ ) and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level. Note: USGCB is applicable to all computing systems using Windows 7 TM, including desktops and laptops-regardless of function-but not including servers. (b) The Contractor shall apply approved security configurations to information technology (IT) that is used to process information on behalf of RRB. The following security configuration requirements apply: Note: The Contracting Officer shall specify applicable security configuration requirements in solicitations and contracts based on information provided by the RRB Senior Chief Information Security Officer. (c) The Contractor shall ensure IT applications operated on behalf of RRB are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with USGCB Scanner capability to ensure its products operate correctly with USGCB configurations and do not alter USGCB settings- see http://scap.nist.gov/validation/. The Contractor shall test applicable product versions with all relevant and current updates and patches installed. The Contractor shall ensure currently supported versions of information technology products meet the latest USGCB major version and subsequent major versions. (d) The Contractor shall ensure IT applications designed for end users run in the standard user context without requiring elevated administrative privileges. (e) The Contractor shall ensure hardware and software installation, operation, maintenance, update, and patching will not alter the configuration settings or requirements specified above. (f) The Contractor shall (1) include Federal Information Processing Standard (FIPS) 201-compliant ( see http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf ), Homeland Security Presidential Directive 12 (HSPD-12) card readers with the purchase of servers, desktops, and laptops; and (2) comply with FAR Subpart 4.13, Personal Identity Verification. (g) The Contractor shall ensure that its subcontractors (at all tiers) which perform work under this contract comply with the requirements contained in this clause (h) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the United States Government Configuration Baseline (USGCB) (see http://usgcb.nist.gov/ ). This includes Internet Explorer configured to operate on Windows 7. For the Windows 7 settings, (see http://usgcb.nist.gov/usgcb/microsoft/download_win7.html ). (i) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall. (j) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. •7. Section 508 Under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), acquisitions of hardware/software maintenance services shall meet the accessibility standards as set forth in Attachment 3 to this solicitation offerors shall complete the certificate at Attachment 3 and certify which accessibility standards the offered EIT products and/or services meet. •8. Internet Protocol Version 6 Any information technology product or system procured as a result of this solicitation must be IPv6 Compliant. A compliant product or system must be able to receive process and transmit or forward IPv6 packets and be able to interoperate with other systems and protocols in both IPv4 and IPv6 modes. •9. Rights in Data-General, 52.227-14 (a) Definitions. As used in this clause- "Computer database" or "database means" a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software. "Computer software"- (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. (2) Does not include computer databases or computer software documentation. "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Form, fit, and function data" means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software. "Limited rights" means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause. "Limited rights data" means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications. "Restricted computer software" means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software. "Restricted rights," as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software. "Technical data" means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 403(8) ). "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in- (i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause. (2) The Contractor shall have the right to- (i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause. (c) Copyright- (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract. (ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number). (iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government. (2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor- (i) Identifies the data; and (ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract. (3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data. (d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except- (1) As prohibited by Federal law or regulation ( e.g., export control or national security laws or regulations); (2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer. (e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings. (i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions. (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act ( 5 U.S.C. 552 ) if necessary to respond to a request thereunder. (3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract. (f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the Contractor- (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, the Contracting Officer may- (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices. (g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall- (i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead. (2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software. (3) [Reserved] (h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer. (i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government. (End of clause) Alternate I (Dec 2007). As prescribed in 27.409 (b)(2), substitute the following definition for "limited rights data" in paragraph (a) of the basic clause: "Limited rights data" means data, other than computer software, developed at private expense that embody trade secrets or are commercial or financial and confidential or privileged. Alternate II (Dec 2007). As prescribed in 27.409 (b)(3), insert the following paragraph (g)(3) in the basic clause: (g)(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. If delivery of that data is required, the Contractor shall affix the following "Limited Rights Notice" to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and (f) of this clause, in accordance with the notice: Limited Rights Notice (Dec 2007) (a) These data are submitted with limited rights under Government Contract No. _____ (and subcontract ______, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any; provided that the Government makes such disclosure subject to prohibition against further use and disclosure: [ Agencies may list additional purposes as set forth in 27.404-2 (c)(1) or if none, so state. ] (b) This notice shall be marked on any reproduction of these data, in whole or in part. (End of notice) •10. Employment Eligibility Verification (Jan 2012) 52.222-54 (a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply that is- (i) A commercial item (as defined in paragraph (1) of the definition at 2.101 ); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702 ), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. "Employee assigned to the contract" means an employee who was hired after November 6, 1986 (after November 27, 2009 in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee- (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. "Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. "United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall- (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of- (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a) ); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of- (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs. gov/E-Verify. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee- (1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that- (1) Is for- (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States. (End of clause) •11. Federal Desktop Core Configuration •a. The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). This includes Internet Explorer 7 configured to operate on Windows http://csrc.nist.gov/itsec/guidance_WinXP.html Windows XP and Vista (in Protected Mode on Vista). For the Windows XP settings, see: htmlhttp://csrc.nist.gov/itsec/guidance_vista.html, and for the Windows Vista settings, see: •b. The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall. •c. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges." • V. SUBMISSION OF OFFERS AND PROPOSALS •A. 52.212-1 Instructions to Offerors-Commercial Items (JUL 2013) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet ( SF 1449 ). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3 (b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids ). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST ( http://assist.daps.dla.mil ). (ii) Quick Search ( http://assist.daps.dla.mil/quicksearch ). (iii) ASSISTdocs.com ( http://assistdocs.com ). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11 ) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. •B. RRB Supplemental Instructions to Offerors •1. The proposal shall be submitted in two parts-a "business proposal" and a "technical proposal." Each of the parts shall be separate and complete in itself so that evaluation of one may be conducted independently of, and concurrently with, evaluation of the other. •a. RRB will accept electronically submitted proposals. If the offeror elects electronic commerce for submission of its proposal, only one hard copy of the entire proposal package must be submitted by the time and date specified in the solicitation to 844 North Rush Street, Acquisition Management-Procurement, Chicago, Illinois 60611. The agency will accept Microsoft Office 2007 (Word, etc.) or PDF documents, via disk or email. Electronic submissions shall be sent to proposals@rrb.gov, and the email subject line must read RRB13R005 proposal submission at a minimum. An electronically delivered proposal not received by the time and date specified in this solicitation shall be handled in accordance with FAR 52.212-1(f), "Late submissions, modifications, revisions, and withdrawals of offerors". Please note: e-mail messages with attachments exceeding approximately 12MBs may not be easily accepted by the RRB's e-mail system/server. •b. Proposals, whether submitted physically or electronically, shall be submitted on or before Noon, Central time on September 25, 2013. Mark outside of the envelope or Box "RRB13R005 Enclosed" and offeror's name and address. Address physical submission packages to: U.S. Railroad Retirement Board, Acquisition Management-Procurement, ATTN: Mr. P. Ahern, 844 North Rush Street, Chicago, IL 60611-2092. •c. Any further questions regarding this RFP must be submitted to the RRB by 4:00 P.M. Central time on September 17, 2013 and in writing on company letterhead and sent by email to Paul.ahern@rrb.gov, Acquisition Management - Procurement or faxed to 312/751-4923 to the attention of Mr. Ahern. •2. Business Proposal Submission Instructions Offerors shall submit a Business proposal consisting of the following: •a. The Offeror shall submit two (2) signed copies of Standard Form (SF) 1449 with Blocks 12, 17a. and b., and 30a., b., and c. completed. •b. The offeror shall complete Section II A - The Price Schedule with prices for each scenario for all CLINs and subCLINs. All pricing information quoted shall be firm fixed prices or firm fixed price rates as instructed. All FFP and FFP rates shall be fully loaded, including all appropriate travel and miscellaneous expenses, overhead, G&A and Fee. The Required Mainframe processor solution hardware and Software by component Sku price breakdown sheet as required in section II.A.1. The offeror shall also compelte the information at Section II.B •c. One (1) hard copy each of the following: •1) Contractor's Representations and Certifications from site www.orca.gov (see provision IV.C.); •· Including specifically the Buy American Act Certification ( Attachment 6 ) •2) the Certification Regarding Responsibility Matters (See provision IV.C.h. on page 26) •3) E.I.T. certification of services at Attachment 4 (See provision IV.Q.7). •4) Subcontracting Plan ( Attachment 8 ) as applicable (See provision IV.D.) •d. Summary of Exceptions/Deviations - The offeror shall furnish a detailed list of all proposed exceptions, qualifications, as sumptions, additions, deletions and deviations, if any, from the solicitation terms and conditions. •e. Other information the contractor determines appropriate and relevant to the evaluation team. •3. Technical Proposal Submission Instructions •a. The offeror shall fully and clearly address each mandatory and other evaluated technical factor so that the RRB's technical evaluation panel can identify and comprehend the capability and resources the offeror intends to bring to this procurement. •b. The technical proposal shall provide technical information to substantiate the offeror's ability to satisfy requirements in Section III. All mandatory requirements shall be met for an offeror to be considered responsive. The technical/management proposal shall include a description of the equipment and services being offered in sufficient detail to evaluate compliance with the requirements and technical factors of the solicitation. The technical/management proposal shall clearly and fully demonstrate the Offeror's capabilities, knowledge, and experience regarding the technical requirements described in the statement of work. Information shall be presented in such a manner to substantiate proposal statements. Offerors shall address individually each requirement and technical factor. Failure to respond to each of the factors listed in the statement of work will result in the Offeror's proposal being deemed technically unacceptable. •c. Offerors shall provide information, for example, complete narratives, brochures, literature, etc. to explain the functionality of the replacement for the provided Mainframe Processor Solution. Brochures and technical literature, submitted by an offeror shall not be considered as a substitution for nor the fulfillment of requirement for each offeror to describe in detail in their written narrative how the proposed hardware, software, and services Mainframe processor solution meets the RRB's performance, capacity, functional and other requirements •d. The technical factors to be evaluated are shown below. If multiple offers are submitted per Section IV.C, each offer will be evaluated separately. Complete and detailed technical information shall be provided to facilitate scoring of the following evaluated technical factors: •1) Mainframe Processor Technical characteristics and Incidental services (120 possible points, 60% of the technical points available). For technical evaluation, the offeror shall submit a proposal describing the hardware, software and services that the offeror proposes to provide, including compliance with Section 508 requirements. The offeror will be evaluated on the content and completeness of the items proposed and its responsiveness to the requirements identified in Section III, the statement of work. •a) For the Mainframe Processor solution/services the technical characteristics description shall include but not be limited to such items as: •· Ease of mainframe processor migration. •· Maintenance plan and ASL terms and conditions to sustain system operations without impacting availability •· the hardware and software technology to be employed in the solution •· Ability to expand the system capacity without disruption •· The environmental support requirements (temperature and power supply configuration) for the proposed Mainframe solution. •b) Offerors shall describe any "value added" characteristics of their Mainframe processor solution system that could enhance RRB's use of the Mainframe processor solution and bring further benefit to the RRB's IT operations. Offerors shall specifically address the following value added areas of interest to the RRB at a minimum: •· Performance enhancements, advantageous features, desirable technical characteristics, and valuable functionalities, for example, exceeding basic requirements. •· Administrative or operational advantages. •· Energy savings characteristics. •2) Mainframe Processor Implementation Project management characteristics (30 points, 15% of the technical points available). Detailed plans shall be presented to indicate how the offeror will manage pre-installation consulting, the installation and cutover process, and required training, as demonstrated through the following three plans: •a) Project plan : The project plan shall include a detailed narrative outlining the required functionalities and activities, a projected time-line/milestone chart, corresponding staff assignments, work steps involved in completing the entire solution Implementation project, Including training and deinstallation purging and removal of the existing IBM z9 Mainframe Processor after cutover to the new Mainframe processor Solution, as described in Section III, and acceptance procedures. •b) Staffing plan : The staffing plan shall explain and provide details of the proposed staffing and organizational structure to accomplish the Statement of Work, for both Pre-implementation, Implementation, training, deinstallation of the existing Mainframe processor and Post Acceptance maintenance and support, as described in Section III. An organization chart shall be presented depicting the key project positions by title and shall include a description of the related functions, including supervisory/managerial levels and responsibilities. The offeror shall also indicate the use of any subcontractors and the socioeconomic business status of any subcontractors. This staffing plan shall be consistent with the actual staff, including subcontractor staff proposed in Section V.B.3.d.3, below. •c) Quality control plan : Offerors shall submit details to demonstrate they have a quality control plan which will ensure effectiveness, efficiency, soundness, and high quality services incident to perform the Statement of Work described in Section III. The plan shall address procedures for deficiency detection and implementation of corrective measures in during the pre-implementation and implementation stages of the project/contract and during the post acceptance maintenance and support stage. •3) Experience, qualifications, and expertise of proposed staff, (30 points, 15% of the technical points available). •a) Specific numbers of years experience, demonstrated qualifications, and expertise of staff (including subcontractors staff, shall be clearly explained and submitted in each of the following three areas: •· Performing Mainframe processor pre-installation planning and consulting, •· Performing Mainframe processor installations, •· Performing z9 to zBC12 Mainframe processor migrations •· Conducting multi level training on operating the Mainframe processor solution supporting a similar mainframe processing environment. •· Performing post acceptance maintenance and support for the Mainframe processor solution. •b) Resumes of the individuals to be assigned to this project shall be submitted. The staff proposed in this section shall be consistent with the staffing plan and related organization chart presented in Section V.B.3.d.2.b). •4) Past performance (2 0 possible points, 10% of the technical points available). Past performance information shall be presented. •a) The offeror shall submit, as part of its proposal, information on previously performed contracts or ongoing contracts that are similar to the statement of work in the solicitation performed for Federal, State, or local Government and for commercial firms. Information shall be provided on either: 1) all such contracts within the past eighteen months, or 2) the last three such contracts performed, whichever is fewer, and shall be limited to the name and address of the organization for which the services were performed and the phone numbers and emails of at least two knowledgeable technical contacts for each contract listed. The offeror should not describe past performance history in the proposal. •b) The RRB will obtain information from the contract references provided by the offeror. The offeror is advised that the RRB may obtain past performance information from other than sources identified by the offeror. •c) The RRB intends to contact at least three clients for which similar tasks have been performed. The following past performance characteristics by the offeror will be solicited from the references and other sources to be evaluated by the RRB: •· Similarity in scope to the sought services under this solicitation and to a Mainframe Systems operating environment similar to that of the RRB; •· Customer satisfaction, which includes satisfaction of the technical staff, contracting staff and even customer end users with the offeror's service, •· Quality of service, which includes quality and initiative exhibited by the offeror and the level of Service provided in both the implementation and Migration stage and the post implementation / maintenance stage of the contract, •· Reliability and timeliness of performance, which includes the offeror's reliability as well as the ability to perform in a timely manner for both Mainframe processor system implementation and post implementation maintenance and support services. • VI. Evaluation and Award •A. Solicitation Clauses Incorporated by reference FAR 52.252-1 (April 1984) The following clauses are incorporated by reference and are in full force and effect as if in full text: •· Evaluation - Commercial Items. (JAN 1999), 52.212-2 •B. RRB Supplemental Evaluation Procedures The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Offerors shall be evaluated on a technical to price ratio of 2:1. The RRB will use the following factors to evaluate offers: •1. Business Proposal •a. Calculation of the price score (100 possible points) will be computed by multiplying the maximum point score available by a fraction representing the ratio of the lowest total evaluated price of all technically acceptable offers received by the Board to the total evaluated price of the offer being evaluated. •b. The total evaluated price shall be calculated as follows: the grand total sum, as a firm fixed price, of the extended line item amounts (unit price times the quantity) for all products and service i.e. CLINs 0001 through 0010, which includes both mandatory products and basic and all optional services. •c. RRB will evaluate the offeror's small business subcontracting plan for completeness and support of RRB's subcontracting socioeconomic goals. Any subcontracting plan that is not responsive to the small business subcontracting plan clauses may be deemed to render the offeror's entire proposal as non responsive, •2. Technical Proposal •a. To be considered responsive, the offeror must comply with the format and content specified in Section V.A, "Instructions to Offerors - Commercial Items" and V.B. "RRB Supplemental Instructions to Offerors". Offerors whose proposals are deemed deficient in this regard may be permitted, at the RRB's discretion, to remedy the deficiency by submitting additional clarifying or supplemental information. •b. Responsive proposals will be evaluated to determine the relative technical merit of each response. Accordingly, the objective of this evaluation is to measure the extent to which proposals meet the requirements as stated in the SOW and the required proposal format and content, Section V.A., "Instructions to Offeror - Commercial Items" and V.B. "RRB Supplemental Instructions to Offerors." •c. RRB will accomplish the calculation of the technical score (200 possible points) by adding the points awarded for each rated area. •d. RRB will first review proposals for content conformance to proposal preparation instructions. Proposals that are so deficient in this area as to not warrant further consideration will be rejected and the offeror will be so notified. •e. RRB will evaluate offers against the following technical factors in descending order of importance, and the subfactors listed thereunder each factor •1) Mainframe Processor solution technical characteristics and incidental services. Information on this element should have been submitted per Section V.B.3.a. (120 possible points, 60% of the total available). RRB will evaluate the offerors proposal to ensure that the proposed Mainframe Processor solution (1) shall meet the RRB's needs for supporting ongoing Mainframe processor based operations as stated in Section III, in the current RRB IT Architecture; the RRB will also evaluate (2) how the offeror's solution will provided value added capability of data Processing power (MIPS and multi Processor configuration) to support Mainframe processing operations with the least amount of disruption to ongoing RRB mainframe based or LAN/WAN based information processing operations. RRB will also evaluate favorably (3) offers whose Mainframe processor solution maintenance uptime exceeds RRB's minimum uptime level of 99%. •2) Mainframe Processor Implementation and Project Plan Management Approach. Information on this element should have been submitted per Section V.B.3.d.2 (30 possible points, 15% of the total available). RRB will evaluate the offerors submitted p lans to determine how well the offeror will manage the pre-implementation and implementation/cutover of the Mainframe processor solution and the various project-related services as demonstrated through the three requested plans to ensure a successful implementation with minimal if any impact on RRB's ongoing information system operations. RRB will also evaluate to determine the level of RRB resources required to support the Implementation to the new Mainframe processor. RRB will also evaluate the offerors plan to successfully train and handoff mainframe processing operations to RRB IT staff to successfully manage and operate the mainframe processor solution provided. •3) Past Performance. Information on this element should have been submitted per Section V.B.3.d. (30 possible points, 15% of the total available) RRB's evaluation will be based on, questionnaire responses from the provided references and other independent sources of past performance information (e.g. PPIRS); RRB's evaluation will include a determination of (1) the offeror's demonstrated ability to provide, install, configure, migrate and provide ongoing maintenance and support for a Mainframe processor solution in an IBM mainframe zOS/COBOL/DB2/CICS operating environment similar to the RRB's. The RRB will evaluate the offeror's demonstrated ability to provide (2) customer response and satisfaction, (3) quality of service in both the solution Implementation and post acceptance support stages of the project/contract, as well as (4) timeliness of response and reliability of service in both the solution implementation and post acceptance support stages of the project/contract. •4) Experience, qualifications, and expertise of the proposed staff. Information on this element should have been submitted per Section V.B.3.d. (20 possible points, 10% of the total available). RRB shall evaluate t he staff resumes submitted to ensure that the contractors staff have the qualifications and experience to successfully accomplish the pre-planning services, the solution implementation services and cutover from Mainframe to Mainframe Processor, the training of the RRB Mainframe Data Operations and System Engineers on Mainframe processor operations and management, and post acceptance maintenance and support of the installed Mainframe processor solution to accomplish the performance and capability requirements stated in section III. •C. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. •D. The government's goal is to issue a single award for the Mainframe processor solution system and services packages to one prime contractor and any approved subcontractors teamed therewith. •E. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. •VII. Attachments Attachment No. Attachment Title/Description •1. RRB Information Systems Technical Overview * •2. RRB Software Inventory * •3. RRB SAN NAS Topology Diagram * •4. Certification of Accessibility for Electronics and Information Technology - Section 508 •5. Notification of Personal Identity Verification Requirements •6. Buy American Act Certificate •7. Justification for other than Full and Open Competition (Brand name only) •8. Subcontracting Plan * Sensitive Information - Released
Web Link: FBO.gov Permalink
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Place of Performance: Address: U.S. RRB Headquarters, BIS - ISC, Data Center Operations, 844 North Rush Street, Chicago, Illinois, 60611-2092, United States; Zip Code: 60611-2092
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70 -- Mainframe Processor Solution - Package #1