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FBO DAILY - FEDBIZOPPS ISSUE OF MAY 23, 2014 FBO #4563
SOLICITATION NOTICE

J -- Electronic Security Systems Maintenance (ESS) - Combined Synopsis/Solicitation and Attachments

Notice Date: 5/21/2014
Notice Type: Combined Synopsis/Solicitation
NAICS: 561621 — Security Systems Services (except Locksmiths)
Contracting Office: Other Defense Agencies, U.S. Special Operations Command, Naval Special Warfare Development Group, 1636 Regulus Avenue, Building 313, Virginia Beach, Virginia, 23461-2299
ZIP Code: 23461-2299
Solicitation Number: H92244-14-T-0148
Archive Date: 6/18/2014
Point of Contact: Danyiele F. Peterson, Phone: 757-862-9466
E-Mail Address: danyiele.peterson@vb.socom.mil
(danyiele.peterson@vb.socom.mil)
Small Business Set-Aside: N/A
Description: Attachment 0002 - Additional, Replacement, or Upgrade Components List Attachment 0001- Major Equipment and Assets List Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial items (services/supplies) prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part Subpart 12.6 and FAR Part 13. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The solicitation is being issued as a Request for Quote (RFQ); solicitation number H92244-14-T-0148. A firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) No. 2005-73 dated April 29, 2014. The North American Industrial Classification Code (NAICS) code is 561621, which has a corresponding size standard of $12.5 million applies to this procurement. This procurement is 100% UNRESTRICTED. The DPAS rating for this procurement is DO-S10. The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following Contract Line Items. Section B - Supplies or Services ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 5 Months Electronic Security Systems (ESS) Maintenance The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below. FFP FOB: Destination PURCHASE REQUEST NUMBER: NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Lot $75,000.00NTE Additional, Replacement or Upgrade Component Parts The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer. FFP FOB: Destination PURCHASE REQUEST NUMBER: NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 12 Months OPTION Electronic Security Systems (ESS) Maintenance The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below. FFP FOB: Destination PURCHASE REQUEST NUMBER: NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 1 Lot OPTION Additional, Replacement or Upgrade Component Parts The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer. FFP FOB: Destination PURCHASE REQUEST NUMBER: $150,000.00 NTE NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 12 Months OPTION Electronic Security Systems (ESS) Maintenance The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below. FFP FOB: Destination PURCHASE REQUEST NUMBER: NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 1 Lot OPTION Additional, Replacement or Upgrade Component Parts The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer. FFP FOB: Destination PURCHASE REQUEST NUMBER: $150,000.00 NTE NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 12 Months OPTION Electronic Security Systems (ESS) Maintenance The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below. FFP FOB: Destination PURCHASE REQUEST NUMBER: NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 1 Lot OPTION Additional, Replacement or Upgrade Component Parts The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer. FFP FOB: Destination PURCHASE REQUEST NUMBER: $150,000.00 NTE NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 12 Months OPTION Electronic Security Systems (ESS) Maintenance The Contractor shall provide ESS Maintenance in accordance with the Statement of Work below. FFP FOB: Destination PURCHASE REQUEST NUMBER: NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 1 Lot $150,000.00 NTE OPTION Additional, Replacement or Upgrade Component Parts The Contractor shall add, replace or upgrade existing component parts as required in support of the Statement of Work as authorized by the Contracting Officer. FFP FOB: Destination PURCHASE REQUEST NUMBER: _______________________ NET AMT INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 01-JUL-2014 TO 30-NOV-2014 N/A N/A FOB: Destination 0002 POP 01-JUL-2014 TO 30-NOV-2014 N/A N/A FOB: Destination 1001 POP 01-DEC-2014 TO 30-NOV-2015 N/A N/A FOB: Destination 1002 POP 01-DEC-2014 TO 30-NOV-2015 N/A N/A FOB: Destination 2001 POP 01-DEC-2015 TO 30-NOV-2016 N/A N/A FOB: Destination 2002 POP 01-DEC-2015 TO 30-NOV-2016 N/A N/A FOB: Destination 3001 POP 01-DEC-2016 TO 30-NOV-2017 N/A N/A FOB: Destination 3002 POP 01-DEC-2016 TO 30-NOV-2017 N/A N/A FOB: Destination 4001 POP 01-DEC-2017 TO 30-NOV-2018 N/A N/A FOB: Destination 4002 POP 01-DEC-2017 TO 30-NOV-2018 N/A N/A FOB: Destination STATEMENT OF WORK 1.0 Introduction. The Security Department, Naval Special Warfare Development Group (NSWDG), Virginia Beach, Virginia is responsible for the installation and maintenance of the Electronic Security Systems (ESS) on the command. The ESS consists of Intrusion Detection Systems (IDS), Access Control Systems (ACS), Closed Circuit Television (CCTV) and Intercom. 2.0 Scope. The contractor shall maintain all major equipment belonging to Naval Special Warfare Development Group, located on this compound and all offsite assets identified in Attachment 0001. The contractor shall maintain all interface equipment to include computers and receivers, i.e. MAS and SCR-1 DMP Receivers, Picture Perfect, South West Microwave, AiPhone, FcWnx Software and misc. hardware. They shall provide and install all software upgrades and patches as they are released to ensure systems are kept current with the manufacturer as they become available. The service provider must be able to respond to all trouble calls within four hours, twenty four hours a day, and seven days a week, to include all federal and state holidays. The contractor shall conduct semi-annual inspections, preventive maintenance and test of all components of the systems. This contract is for a base period of five months with four one-year options. Additional MILCON projects are anticipated during this contract period. 3.0 Applicable Documents. 3.1 Technical Specifications for Construction and Management of SCIF ICD/ICS 705 3.2 Naval Physical Security (OPNAVINST 5530.14) 3.3 Security Engineering Electronic Security Systems (UFC 4-021-02NF) 4.0 Requirements. 4.1 Due to some spaces being used to store classified information and materials or small arms, the contractor shall be able to respond to all trouble calls within four hours, twenty four hours a day, seven days a week to include all Federal and State holidays. All work is to be performed by factory trained/certified service technicians in accordance with equipment manufacturer's recommendation to keep the systems fully operational. All maintenance shall be performed in accordance with manufacturer instructions. Repairs shall take place upon arrival for service within 4 hours. Next business day is not approved, but command may allow on a case by case basis. 4.2 The contractor shall perform maintenance on all ESS console equipment. Console equipment includes redundant servers, DMP SCR-1 receivers and subsystems. The contractor shall perform maintenance on government-owned equipment, which includes all supporting equipment. Preventative maintenance shall be performed as required. The contractor shall perform diagnostics of all major systems and subsystems on a monthly basis and submit a written report to NSWDG Security Director. Semi-annual inspections shall be performed on all ESS equipment. Inspections shall include testing functionality and proper performance of all ESS equipment. All documentation of inspections and service work shall be entered and maintained in the onsite Master Mind system. All reports required by the command will be retrieved from the onsite system, no other reports will be accepted. 4.3 Due to the size of our systems, two full time on-site technicians are required. Both technicians shall be on site for a period of 8 hours a day, 5 days a week, Monday thru Friday. If a site technician is required to leave the site, a replacement tech must be on site prior to their departure, I.E. two technicians on site during all periods of scheduled work. Any contractor company-related activities requiring site technicians to be off site shall be scheduled with the command and approved in advance. 4.4 Site technicians shall perform inspections, maintenance, and system modifications. Modifications will be limited to time available during normal working hours. 4.5 The contractor shall provide a certified System Engineer to assist full time maintenance technicians with quarterly inspections and/or testing of computerized ESS systems database. At no time shall these quarterly visits go beyond 30 days past the quarter in which it was required. 4.6 The contractor shall be certified on all ESS equipment installed in accordance with paragraph 3.2 and licensed by the state of Virginia. Site techs shall stay up to date on all training that relates to the systems under contract. 4.7 When the removal of a system component is necessary, the contractor shall be fully responsible for any loss or damage to the component. The contractor shall provide a loaner of equal or greater quality, fully operable within the system while component is being repaired, without additional cost to the government. Also, without additional cost to the government, the contractor shall be responsible for maintaining the replacement component in a totally functional condition until the repaired component is returned to service. 4.8 All ESS equipment is subject to inspection, testing and acceptance by the command Technical Assistant with a copy of report to be turned into the Security Director and/or Contracting Officer. 4.9 The contractor shall provide and install all software patches and firmware upgrades to keep systems current in accordance with the manufacturer's specifications at no additional cost to the Government. 4.10 The contractor shall install additional equipment to existing Government-Owned ESS as approved by the Contracting Officer. The contractor shall provide a cost estimate and red line drawing of all new installation jobs, which will include description sheets (cut sheets) of all equipment and the location of all components in a CAD format. 4.11 The Government will be responsible for all parts not listed on the major part list, (i.e. readers, door contacts and smaller components). 4.12 The Government will authorize a Contract Line Item Number (CLIN) to authorize Additional, Replacement or Upgrade Small Component Parts. The Government will purchase these items on an as needed basis as authorized by the Contracting Officer for normal and emergency maintenance calls. A sample list of the items to be purchased by the Government is shown in Attachment 0002. The Government does not anticipate any additional labor requirements since these items are routine items that may be required as part of normal maintenance procedures. 4.13 The Contractor shall provide labor on all ESS equipment and full maintenance on all servers, receivers, workstations and control panels. For example, contractor will be responsible for parts and labor for servers, workstations, micros, micro boards, IDS panels, and labor only on card readers, door contacts, motion sensors and wiring. This command has approximately 800 readers, approximately 400 cameras and approximately 1000 IDS points that contractor shall be responsible to inspect/service during period of performance. 4.14 There shall be one contractor for all ESS components. These are UTC Picture Perfect 4.0 with Easylobby, FcWNX and MasterMind. DMP for SCR-1 receivers and XR500 IDS panels. ipConfigure for all CCTV and storage of CCTV. SouthWest Microwave for fence protection systems. Aiphone and Sielde for intercom systems. All systems have ties to each. 4.15 The contractor shall provide a four- hour response time to emergency calls due to the nature of our command. 4.16 The contractor shall have the ability to provide same day repair on ESS keeping our potential downtime low allowing us to better support the commands mission. 4.17 The contractor shall provide a certified technician on all ESS systems and the technician shall obtain and maintain a minimum of secret clearance. 4.18 The Contractor shall maintain the ability to handle maintenance surge with certified, cleared technicians during emergency situations. 4.19 The Contracting Officer shall approve all charges outside of the maintenance contract prior to work beginning. Work performed without prior approval of the Contracting Officer will be processed as an unauthorized commitment. The contractor shall provide an itemized list of time and materials cost within 24 hours of services provided outside of contract covered services. CLAUSES CLAUSES INCORPORATED BY REFERENCE: FAR 52.202-1 Definitions Nov 2013 FAR 52.203-3 Gratuities Apr 1984 FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) Alternate I (Oct 1995) Sep 2006 FAR 52.203-7 FAR 52.203-8 Anti-Kickback Procedures Cancellation, Rescission and Recovery of funds for Illegal or Improper Activity Oct 2010 Jan 1997 FAR 52.203-10 Price or Fee Adjustment For Illegal or Improper Activity Jan 1997 FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions Sep 2007 FAR 52.203-12 Limitation On Payments To Influence Certain Federal Transactions Oct 2010 FAR 52.204-7 FAR 52.204-9 FAR 52.204-10 System for Award Management Personal Identity Verification of Contractor Personnel Reporting Executive Compensation and First-Tier Subcontract Awards Jul 2013 Jan 2011 Jul 2013 FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Aug 2013 FAR 52.209-7 FAR 52.211-14 Information Regarding Responsibility Matters Notice of Priority Rating for National Defense Use Jul 2013 Apr 2008 FAR 52.212-1 Instructions to Offerors - Commercial Items Apr 2014 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Sep 2013 FAR 52.212-5 DEV Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Deviation) Jan 2014 FAR 52.219-8 Utilization of Small Business Concerns Jul 2013 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor Law - Cooperation with Authorities and Remedies Jan 2014 FAR 52.222-21 Prohibition Of Segregated Facilities Feb 1999 FAR 52.222-26 Equal Opportunity Mar 2007 FAR 52.222-35 Equal Opportunity for Veterans Sep 2010 FAR 52.222-36 Affirmative Action For Workers With Disabilities Oct 2010 FAR 52.222-37 Employment Reports on Veterans Sep 2010 FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010 FAR 52.222-41 Service Contract Act of 1965 Nov 2007 FAR 52.222-50 Combating Trafficking in Persons Feb 2009 FAR 52.222-54 FAR 52.223-5 FAR 52.223-18 Employment Eligibility Verification Pollution Prevention and Right-to-Know Information Encouraging Contractor Policy to Ban Text Messaging While Driving Jan 2009 May2011 Aug 2011 FAR 52.225-13 FAR 52.225-25 FAR 52.227-1 FAR 52.227-3 Restrictions on Certain Foreign Purchases Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification Authorization and Consent Notice and Assistance Regarding Patent and Copyright Infringement Jun 2008 Sep 2010 Dec 2007 Dec 2007 FAR 52.228-5 FAR 52.229-3 FAR 52.232-18 FAR 52.232-33 FAR 52.233-1 Alt I Insurance - Work On A Government Installation Federal, State and Local Taxes Availability of Funds Payment by Electronic Funds Transfer-System for Award Management Disputes Alt I (Dec 1991) Jan 1997 Apr 2003 Apr 1984 Sep 2013 Jul 2002 FAR 52.233-3 Protest After Award Aug 1996 FAR 52.233-4 FAR 52.237-1 FAR 52.237-2 Applicable Law for Breach of Contract Claim Site Visit Protection of Government Buildings, Equipment and Vegetation Oct 2004 Apr 1984 Apr 1984 FAR 52.237-3 FAR 52.237-10 FAR 52-242-13 Continuity of Services Identification of Uncompensated Overtime Bankruptcy Jan 1991 Oct 1997 Jul 1995 FAR 52.242-15 Stop Work Order Aug 1989 FAR 52.243-1 Alt I Changes-Fixed Price Alt I (Apr 1984) Aug 1987 FAR 52.244-5 FAR 52.244-6 Competition in Subcontracting Subcontracts for Commercial Items Dec 1996 Dec 2013 FAR 52.246-4 FAR 52.246-25 Inspection of Services-Fixed Price Limitation of Liability - Services Aug 1996 Feb 1997 FAR 52.249-4 FAR 52.249-8 Termination for Convenience of the Government (Services)(Short Form) Default (Fixed Price Supply & Services) Apr 1984 Apr 1984 FAR 52.253-1 Computer Generated Forms Jan 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management (52.204-7) Alternate A Feb 2014 DFARS 252.209-7001 DFARS 252.209-7002 Disclosure of Ownership or Control by the Government of a Terrorist Country Disclosure of Ownership or Control By a Foreign Government Jan 2009 Jun 2010 DFARS 252.217-7028 DFARS 252.225-7012 Over and Above Work Preference For Certain Domestic Commodities Dec 1991 Feb 2013 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7002 Requests for Equitable Adjustments Mar 1998 DFARS 252.247-7007 Liability and Insurance Dec 1991 DFARS 252.247-7023 Transportation of Supplies by Sea-Basic Apr 2014 SOFARS 5652.204-9004 Foreign Persons 2006 SOFARS 5652.233-9000 Independent Review of Agency Protests Aug 2011 SOFARS 5652.237-9000 Contractor Personnel Changes 1998 SOFARS 5652-252-9000 Notice of Incorporation of Section K CLAUSES INCORPORATED BY FULL TEXT Please note that due to character limitation, full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have [ballot], have not [ballot], 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. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) 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. (ii) 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. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) 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). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) 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 the 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 SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [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 SAM 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, [_] 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) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [ List as necessary ] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. 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; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] 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 appear 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 Product 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 is 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 the SAM 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 email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. 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 Provision) Alternate I ( Apr 2011). As prescribed in 12.301 (b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [ The offeror shall check the category in which its ownership falls ]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (End of Provision) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. (End of clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days ; 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 53 months. (End of clause) FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mrs. Ana Downes/N01K2 or other warranted Contracting Officer 1636 Regulus Avenue Virginia Beach, VA 23456 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.farsite.hill.af.mil. (End of provision) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.farsite.hill.af.mil. (End of clause) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. •(b) The use in this solicitation of any DFARS (48 CFR Chapter 2 ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2 ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) DFARS 252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005) (a) Definitions. As used in this clause- (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it - (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer (2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officers are Ana Downes, telephone (757) 862-9465 and Christine Anderson, telephone (757) 862-9469. SOFARS 5652.204-9003 Disclosure of Unclassified Information (Jan 2007) (a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM. (b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office. (c) The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer. (d) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer. SOFARS 5652.232-9003 Paying Office Instructions (2005) (a) The Primary Contracting Office Point of Contact for this contract is: Anthony Witherspoon, NSWDG, 1636 Regulus Avenue, BLDG 302, Virginia Beach, VA 23461; anthony.witherspoon@vb.socom.mil, Phone (757) 862-9474 or Connie Hayes, NSWDG, 1636 Regulus Avenue, BLDG 302, Virginia Beach, VA 23461; constance.hayes@vb.socom.mil, Phone (757) 862-9475. (b) Payment will be made by the office designated in Block 18a on the Standard Form 1449 or otherwise designated paying office. ALL INVOICES SHOULD BE EMAILED INVOICES@VB.SOCOM.MIL, FAXED (757) 862-0809, OR SUBMITTED TO THE FOLLOWING ADDRESS FOR PAYMENT VERIFICATION. IN TURN, THIS OFFICE WILL FORWARD TO THE APPROPRIATE PAYMENT OFFICE FOR PROCESSING. NSWDG ATTN: ACCOUNTS PAYABLE 1636 REGULUS AVENUE BUILDING 302 VIRGINIA BEACH, VA 23461 PLEASE REFERENCE YOUR PURCHASE ORDER/CONTRACT NUMBER ON ALL INVOICES. INVOICES SHOULD CONTAIN THE FOLLOWING INFORMATION: •1. NAME AND ADDRESS OF VENDOR (AS SHOWN ON PURCHASE ORDER) •2. INVOICE DATE •3. PURCHASE ORDER/CONTRACT NUMBER, AS SPECIFIED ON ORDER •4. VENDOR INVOICE NUMBER •5. DESCRIPTION (INCLUDING CONTRACT LINE ITEM, PRICE & QUANTITY OF GOODS AND SERVICES PROVIDED •6. SHIPPING & PAYMENT TERMS (IF APPLICABLE) •7. SHIPPING NUMBER & DATE OF SHIPMENT, INCLUDING PAID FREIGHT BILL*, (IF APPLICABLE) •8. TERMS OF ANY DISCOUNT FOR PROMPT PAYMENT OFFERED •9. POINT OF CONTACT FOR INVOICE DISCREPANCIES TO INCLUDE NAME, TITLE, TELEPHONE NUMBER, AND E-MAIL ADDRESS *******The paid freight bill over $100.00 must be provided with invoice. Invoice will not be processed if not included.********** ATTACHMENTS The following documents are attached to this solicitation. •1. Attachment 0001 - Major Equipment And Assets List •2. Attachment 0002 - Additional, Replacement or Upgrade Component Parts List INSTRUCTIONS TO OFFERORS THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE. 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS Apr 2014 ADDENDA TO 52.212-1 •A. PROPOSAL PREPARATION INSTRUCTIONS ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS •(a) To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate parts; Part I - Technical Proposal, Part II - Past Performance, Part III - Price Proposal. •(b) Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. •(c) Specific Instructions: •(a) PART I - TECHNICAL PROPOSAL The offeror shall describe in detail how it will meet the Government's requirement. Offeror shall demonstrate its ability to meet the requirement by providing a detailed maintenance and preventative program to include certifications, licenses, and other documentation necessary to validate that it meets the requirement. •(b) PART II - PAST PERFORMANCE - Limited to no more than three (3) pages per contract listed. Only references for same or similar type contract. •1. Quality and Satisfaction Rating for Contracts Completed in the Past Three (3) Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc. •2. Performance Surveys: The government will evaluate the quality and extent of offerors performance deemed relevant to the requirements of this RFP. The government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources, to assess performance. Provide a list of no more than five (5) of the most relevant contracts performed for Federal agencies and/or commercial customers within the last three (3) years. •3. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract listed: (i) Company/Division name (ii) Product/Service (iii) Contracting Agency/Customer (iv) Contract Number (v) Contract Dollar Value (vi) Period of Performance (vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer (viii) Comments regarding compliance with contract terms and conditions (ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions. If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts. •4. Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor's consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor. •5. If the offeror claims there is no past performance, then that status must be identified to the contracting officer not later than the date/time proposals are due. •(d) Documents submitted in response to Part I and Part II of this solicitation must be fully responsive to and consistent with the following: •1. Requirements of the solicitation (CLINs and SOW) and government standards and regulations pertaining to the SOW. •2. Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this section will not be read or evaluated, and will be removed from the proposal. •3. Format for the proposal shall be as follows: (a) The proposals will be 8 ½" x 11" paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17." (b) A page is defined as one face of a sheet of paper containing information. (c) Typing shall not be less than 12 pitch. (d) Elaborate formats, bindings or color presentations are not desired or required. 4. Proposal shall not exceed 25 pages, excluding the Price Proposal. There are no page limitations for the Price Proposal. •(e) PART IV - PRICE PROPOSAL - •1) Complete blocks 12, 17a and b, and 30a through c of the RFP, page 1, Standard Form (SF) 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation in its entirety. The solicitation constitutes the model contract. •i) Insert proposed unit and extended prices for each Contract Line Item Number (CLIN) or Sub CLIN (SCLIN), including all option periods. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal must be submitted for the base period plus four (4) option years. •a. CLIN 0001 and each corresponding option (1001, 2001, 3001 and 4001) shall include a breakdown of labor, materials, supplies and all other costs to support the proposed prices. The price breakdown should identify the monthly amount and should identify the total CLIN amount. •b. CLIN 0002 and each corresponding option (1002, 2002, 3002 and 4002) shall identify the contractor's proposed Additional, Replacement or Upgrade Small Component Parts and an associated price for each of the components identified in Attachment 0002. The offeror shall submit a price list for each item identified in Attachment 0002. The offeror's price list shall be incorporated into the contract award. Offeror shall propose price for a quantity of one of each of the items identified in Attachment 0002. The offeror's price proposal will not exceed the not-to-exceed (NTE) price identified in CLINs 0002, 1002, 2002, 3002 and 4002 shown in Section B - Supplies or Services •2) Complete the necessary fill-ins and certifications in Contract Clauses section. Representations and Instructions section shall be returned in its entirety. For Description/Specifications through Contract Clauses sections, the offeror shall submit only the pages that require a fill-in. •3) Return any solicitation amendments to the original solicitation documents, signed by the same official authorized to sign the SF 1449. •(f) GENERAL INFORMATION 1. INFORMATION REGARDING SUBMISSION OF PROPOSAL: Faxed proposals will NOT be accepted. Proposals will be accepted by mail or e-mail delivery to: Mrs. Danyiele Peterson/N01K2, NSWDG, 1636 Regulus Avenue, Virginia Beach, VA 23461 or danyiele.peterson@vb.socom.mil. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base: New Year's Day 1 January Martin Luther King's Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December •(g) GENERAL INFORMATION 1. INFORMATION REGARDING SUBMISSION OF PROPOSAL: Proposals will be accepted by mail or e-mail delivery to: Mrs. Danyiele Peterson/N01K2, NSWDG, 1636 Regulus Avenue, Virginia Beach, VA 23461 or danyiele.peterson@vb.socom.mil. (End of Addendum) EVALUATION FACTORS FOR AWARD THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE. FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) 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. The following factors shall be used to evaluate offers: (1) TECHNICAL COMPETENCE AND CAPABILITY TO MEET THE GOVERNMENT REQUIREMENT The Government will evaluate the offeror's technical competence and capability to meet the requirement and conform to the specifications in the solicitation. The Government will evaluate offerors on whether the proposal meets/addresses all of the requirements in Section 4.0. Technical Acceptable/Unacceptable Ratings Ratings Description Acceptable The offeror submitted a detailed maintenance and preventative program proposal that demonstrated its ability to meet all of the Requirements in Section 4.0 of the solicitation. Unacceptable The offeror did not submit a detailed maintenance and preventative program proposal that demonstrated its ability to meet all of the Requirements in Section 4.0 of the solicitation. (2) PAST PERFORMANCE The Past Performance Evaluation will assess the relative risks associated with an offeror's likelihood of success in performing the solicitation's requirements as indicated by the offeror's record of past performance. In this context, "offeror" refers to the proposed prom contractor. The Government will conduct a performance risk assessment based on the quality, relevancy, and recency of the offeror's past performance, as it relates to the probability of successful accomplishment of the required effort. Relevance: The relevancy of the work performed will be assessed for each of the Technical and Price Evaluation factors. The following relevancy criteria will be applied to each element using the following definitions. Relevant Present/Past Performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Not Relevant Present/Past Performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. When assessing performance risk, the Government will focus its inquiry on past performance of the offeror's record of: 1) conforming to specifications and standards of good workmanship; 2) adherence to contract schedules, including the administrative aspects of performance; 3) ability to resolve technical and manufacturing problems quickly and effectively; 4) quality of products delivered as reflected by returns of product to the vendor for repair; and 5) business-like concern for the interest of its customers. The Government will review the performance information for recent and relevant factors/subfactors. A consensus past performance rating will be established by individual and group concurrence. If an offeror's rating is determined "Not Relevant", then a rating will not be applied. The offeror's overall past performance will be evaluated using the following ratings: Past Performance Ratings Description Acceptable Based on the offeror's past performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.). Unacceptable Based on the offeror's past performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on the past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable". Offerors are cautioned that in conducting the Performance Risk Assessment, the Government may use data provided in the offeror's proposal and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the offerors, it is incumbent upon the offerors to explain the relevance of the data provided. Offerors are reminded that while the Government may elect to consider data obtained from other sources, the burden of proving low performance risk rests with the offerors. (3) PRICE The Government will evaluate the offeror's price proposal in order to assess the reasonableness of the proposed price. Award shall be made to the offeror with a technically acceptable proposal with the lowest evaluated price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email the following point of contact: Danyiele Peterson, Contract Specialist; Email address: danyiele.peterson@vb.socom.mil. Questions shall be submitted no later than 2:00 P.M. EST on May 30, 2014. In order to comply with the debt collection improvement act of 1966, all contractors must be registered and have an active registration in the System for Award Management (SAM) to be considered for an award of a federal contract. This system combines data that was formerly contained in the Central Contractors Registration (CCR) and Online Representation and Certifications (ORCA). For information, review the SAM website at https://www.sam.gov. All responsible sources may submit a quotation which shall be considered by the agency. Quotes are due no later than 3:00 P.M. EST on June 10, 2014. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government. Quotes may be submitted electronically via e-mail to The offeror agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes. Quotes can be emailed to danyiele.peterson@vb.socom.mil or mailed in the United States postal mail to NSWDG, Attn: Danyiele Peterson, 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299.
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