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FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 18, 2017 FBO #5594
SOLICITATION NOTICE

T -- DAMAGED MEDIA PRESERVATION & DIGITIZATION - TECHNICAL EXHIBITS

Notice Date: 3/16/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 512110 — Motion Picture and Video Production
Contracting Office: Other Defense Agencies, U.S. Special Operations Command, USASOC, ATTN:E-2929, Fort Bragg, North Carolina, 28310
ZIP Code: 28310
Solicitation Number: H92239-17-T-0008
Point of Contact: Valaida J Bradford, Phone: 910 3960560, Beverlyn C. Jones, Phone: 9104328770
E-Mail Address: bradforv@soc.mil, beverlyn.jones@socom.mil
(bradforv@soc.mil, beverlyn.jones@socom.mil)
Small Business Set-Aside: Total Small Business
Description: TECHNICAL EXHIBIT 3 TECHNICAL EXHIBIT 2 TECHNICAL EXHIBIT 1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in FAR Subpart 12.6 and FAR 13 as supplemented with additional information included in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; OUOTES ARE BEING REQUESTED AND A WRITTEN SOLICTIATION WILL NOT BE LISTED. The solicitation number is H92239-17-T-0008 is issued as a Request for Quote (RFQ) and must be referenced by all responding. This solicitation document incorporates provisions and clauses in accordance with those in effect through Federal Acquisition Circular (FAC) 2005-95, effective 19 January 2017. It is the Contractor's responsibility to be familiar with all applicable clauses and provisions. Full text clauses and provisions are available at http://farsite.hill.af.mil. This procurement is a 100% total small business set-aside. The North American Industry Classification System Code (NAICS) is 512110 and the business size standard is $32,000,000. All responsible sources will be considered. This requirement is being solicited with the potential to establish multiple Blanket Purchase Agreements (BPA) for restoration of damaged media as described in the Statement of Work for five (5) twelve month ordering periods. The contractor shall submit estimated pricing for the base ordering period and the additional four (4) ordering periods. Awardees will be provided a fair opportunity for each call requested against the BPA for the required requested services as outlined in the schedule. Basis for award will be price and delivery. Base ordering period of performance is estimated to be 15 April 2017- 14 April 2018 or before. STATEMENT OF WORK 1. GENERAL: This is a non-personal services Blank Purchase Agreement (BPA) to provide damaged media preservation and digitization. The Government shall not exercise any supervision or control over the service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor personnel. 1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide damaged media preservation and digitization, as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract. 1.2. Background: The USASOC History Office actively collects and preserves Army Special Operations Forces (ARSOF) and Legacy Unit moving image assets. They must be cleaned and restored in order to be preserved and digitized for use by the force. The United States Army Special Operations Command (USASOC) lacks the hardware, software, and personnel to repair and digitize damaged film and magnetic media. This contract will provide the digitization of this media. 1.3. Objectives: The basic service objective includes the following: 1.3.1. Provide the restoration and digitization of damaged moving image media (film and magnetic). 1.3.2. The Government retains the ownership and copyrights of all work materials and products developed as a result of this contract. 1.4. Scope: Services include the cleaning, restoration, and digitization of magnetic media from USASOC. The condition of these assets vary from damaged (brittle/inflexible, warped, and rusted) to pristine, though the majority are in good condition. Accurately predicting the condition of future collection is impossible. 1.5. BPA Ordering Period: Ordering Period One: Twelve (12) month Period Ordering Period Two - Four: Four (4) 12 month Periods 1.6. General Information 1.6.1. Special Qualifications: 1. Contractor facility shall be within 400 miles of Fort Bragg, NC. 2. Contractor must be an approved National Archives and Records Administration (NARA) vendor. 3. Contractor must have passed the NARA on-site inspection. 1.6.2. Data Rights: The government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. 1.6.3. Property Management System: The Contractor shall establish a system to manage Government Furnished Equipment (GFE) in its possession to control, use, preserve, protect, repair and maintain. The Property Management System (PMS) must be adequate to satisfy the requirements of Property management in accordance with (IAW) FAR clause 52.245-1 Government Property. 1.6.4. Place of Performance: The work to be performed under this contract will be accomplished at the Contractor facility. 1.6.5. Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. 1.6.6. Organizational Conflict of Interest: The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. &emsp; PART 2 DEFINITIONS & ACRONYMS 2. DEFINITIONS AND ACRONYMS: 2.1. DEFINITIONS: 2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime. 2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and/or terminate contracts, and to make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government. 2.1.3. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing working under this contract. 2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS). 2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports. 2.1.6. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of or directly acquired by the Government and subsequently made available to the Contractor. 2.1.7. PERFORMANCE PREQUIREMENT SUMMARY (PRS). A listing of the service outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirement of the listed outputs. 2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property. 2.1.9. PROPERTY MANAGEMENT SYSTEM. System established by the Contractor that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain. 2.1.10. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government. 2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor. 2.2. ACRONYMS: AR Army Regulation ARSOF Army Special Operations Forces AVI Audio Video Interleaved BPA Blanket Purchase Agreement FAR Federal Acquisition Regulation GFE Government Furnished Equipment GFP Government Furnished Property GP Government Property IAW In Accordance With KO Contracting Officer NARA National Archives and Record Administration OCI Organizational Conflict of Interest OPSEC Operations Security PMS Property Management System POC Point of Contact PRS Performance Requirements Summary QA Quality Assurance SOW Statement of Work TE Technical Exhibit 2K Horizontal resolution of approximately 2,000 pixels PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES 3. GOVERNMENT FURNISHED ITEMS AND SERVICES: 3.1. Services: The Government will physically transport magnetic media and output hard drives to and from the contractor facilities on a monthly or bi-monthly basis. 3.2. Equipment: The Government will provide hard drives for storing digitized media files. These hard drives shall be picked up by the Government at completion of the digitization/output process, which is expected within 30 days. PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES 4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS. PART 5 SPECIFIC TASKS 5. Specific Tasks: 5.1. Basic Services. The Contractor shall provide services: 5.1.1. The clean all media to remove rust, dirt, and debris that would interfere with the digitization process. 5.1.2. The Contractor shall assess media and conduct any restoration required for digitization. 5.1.3. Scan media and output to the maximum resolution allowed by the original media. 5.1.4. Place original media on archival quality film reels and/or enclosures. 5.1.4. Convert files, as necessary, to AVI file format and transfer to external USB hard drive. Prepare USB hard drive and original media for pick up by the government. 5.1.5. The Contractor shall sign a Non-Disclosure Agreement before performing any work. PART 6 APPLICABLE PUBLICATIONS 6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): 6.1. The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures.. National Archives and Records Administration (NARA) AR 25-2 Information Assurance (IA) PART 7 TECHNICAL EXHIBIT LISTING 7. Technical Exhibit List: 7.1. Technical Exhibits: Technical Exhibit 1 Performance Requirements Summary Technical Exhibit 2 Deliverables Schedule Technical Exhibit 3 Government Furnished Property SCHEDULE: Prices shall be listed separately for the base ordering period and each of the additional four (4) ordering periods per line item as listed below. Estimated pricing and unit of measure is requested for each ordering period. (The CLIN and Sub-CLIN structure below samples the structure for the additional four (4) ordering periods to be priced in offerors pricing schedule.) CLIN 0001 Damage Media & Film Digitization The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and other items and non-personal services necessary to provide damaged media preservation and digitization as defined in the Statement of Work (SOW). THIS IS AN INFORMATIONAL CLIN ONLY SUB CLIN 0001AA CLEANING The contractor shall clean all media to remove rust, dirt, and debris that would interfere with the digitization process SUB CLIN 0001AB RESTORATION The contractor shall assess media and conduct any restoration required for digitization SUB CLIN 0001AC SCAN FILM The contractor shall scan film media and output to the maximum resolution allowed by the original media SUB CLIN 0001AD SCAN MAGNETIC The contractor shall scan magnetic media and output to the maximum resolution allowed by the original media SUB CLIN 0001AE FILE CONVERSION & TRANSFER Convert files, as necessary, to AVI file format and transfer to external USB hard drive VENDOR QUESTIONS AND SOLICITATION ERRORS Vendors are encouraged to contact the Government for clarification if there are or appear to be errors, omissions or inaccuracies in the Request for Quote. Questions should be submitted in writing to Mrs. Valaida Bradford at bradforv@socom.mil. Questions are due no later than 22 March 2017 at 10::00 am EST. RESPONSES/QUOTES ARE DUE NO LATER THAN 1:00 PM EST, 30 March 2017. Quotes referencing the RFQ number H92239-17-T-0008 shall be submitted to Mrs. Valaida J. Bradford at badforv@socom.mil. Fax submissions will be accepted at (910) 432-9345. It is the contractor's responsibility to ensure that the Contracting Officer receives e-mail or fax submissions. CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Offeror Representations and Certifications--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 52.232-1 Payments APR 1984 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.223-7004 Drug Free Work Force SEP 1988 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card DEC 2006 252.232-7010 Levies on Contract Payments DEC 2006 CLAUSES INCORPORATED BY FULL TEXT ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015) 1)Replace paragraph (b) entitled "Submission of Offerors" with the following instructions: (b) Submission of Quotes. Submit signed and dated quotes at or before the exact time specified in this solicitation. Failure to provide all required documents or information may exclude those responding to this solicitation from further consideration. Quotes may be submitted electronically to Mrs. Valaida J. Bradford, Contracting Officer, bradforv@soc.mil. a. It is the responsibility of the vendor to ensure that the Contracting Office receives their electronic quote submission by the due date annotated in this notice. b. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to Federal Business Opportunities (FBO) at www.fbo.gov. It is the responsibility of each offeror to review the webpage for notice of amendments, updates, or changes to current information. c. As a minimum, quotes must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description (no more than 3 pages) and detailed understanding of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Also, the offeror shall provide documentation that it is authorized on the NARA list work on moving media and proof of their capabilities to provide this service as described in the Statement of Work. (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; 2) Replace paragraph (e) entitled "Multiple offers" with the following instruction: (e) Multiple quotes. Offerors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation. 3) Replace paragraph (g) entitled "Contract Award (not applicable to Invitation for Bids) with the following instructions: (g) Contract award (not applicable to Invitation for Bids). Quotations shall contain the offeror's best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions with offerors. Therefore, the offeror's initial quoted should contain the offeror's best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any offers other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part 15. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government intends to award agreements to each responsive, responsible offeror(s) whose quote conforms to this solicitation and whose quote conforms to this solicitation and whose estimated price is determined fair and reasonable. IAW 13.106-2, the following factors shall be used to evaluate offers: (i) Technical Acceptability (2) Estimated Price (3) Past Performance 1. Technical acceptability is defined as the contractor's ability to: i. Meet or exceed all of the specifications in the Statement of Work ii. Proof of being an approved vendor on the list of the National Archives and Records Administration for motion media iii. Vendor shall be located with 400 driving miles of Fort Bragg, North Carolina iv. Ability to meet the 30 day delivery for Government pick up. 2. Estimated Price. Offerors will be evaluated for price IAW FAR 13.106-3. Estimated pricing shall be provided for each Sub CLIN including its unit of measure. 3. Past Performance. Offerors will include at least three (3) company names with working telephone numbers/email address, contract number and /or title, and period of performance for same /similar services performed in the last three years. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror(s) 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) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. A completed copy of offerors Representations and Certifications shall be included with quotes. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Nov 2016) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). X____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). ____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). ____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). ____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. ____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (May 2014) of 52.225-3. ____ (iii) Alternate II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). X (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). _____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). X (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) X (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.252-1 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://farsite.hill.af.mil (End of provision) 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://farsite.hill@af.mil (End of clause) 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 Officer is Valaida J. Bradford Contracting Officer HQ USASOC - AOCO Bldg E2929 Desert Storm Drive Fort Bragg, NC 28310 (910) 396-0560. (end of clause) 5652.204-9000 Individual Authorized to Sign (2014) Section K (Revised September 2014) As prescribed in 5604.103, insert the following clause, (a) Proposals shall be signed by an authorized individual. The offeror hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the offeror in accordance with the applicable instructions below. If the offeror is a joint venture, each participant in the joint venture shall submit a separate representation. (1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A Corporate representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the corporation. Corporations may establish the authority of its agents by furnishing a power of attorney with the offer, a corporate resolution, or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the firm named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers. AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the offeror may print the word "SEAL".) ___________________________ (Signature) (2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument. I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers. __________________________ (Signature) (3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority. (4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their offeror a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the educational institution named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers. ___________________________ (Signature) (b) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________." 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches (2013) Section H (Revised June 2013) (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 protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor's network(s) or information system(s). Breaches include unauthorized intrusions of the contractor's server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor's data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer. (d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer. (e) 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. 5652.204-9004 Foreign Persons (2006) In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or "X" here if there are no such individuals: ____): 1) Full Name: 2) Date of Birth: 3) Place of Birth: 4) Nationality: 5) Social Security Number: 6) Visa Status: 7) Current Address: 8) If a Subcontractor, Subcontractor Name and Address: 9) Biographic data and/or resume: (End of clause) 5652.214-9004 Technical and Contractual Questions Concerning This Solicitation (2001) 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. Send all questions to the following point of contact. The use of e-mail is highly encouraged. Contract Specialist: Valaida J. Bradford E-mail address: bradforv@soc.mil Fax number: (910) 432-9345 Phone number: (910) 396-0560 Mailing Address: HQ USASOC, Bldg 2929 Desert Storm Drive, Fort Bragg, NC 28310 INVOICING PROCEDURES AND INFORMATION: 1. The Government will process payments for orders using the government purchase card (currently VISA). The Contractor shall obtain the capacity to accept the Government's purchase card for the duration of the contract. 2. The Contracting Officer shall provide the contractor a list of individuals authorized to place orders on behalf of the ordering activity using the government purchase card. 3. The Contractor shall provide an electronic confirmation notice for each hand delivered media order within one (1) working day of receipt to the designated POC (TBD upon award) and copy furnish the Contracting Officer via email. 4. Upon completion and delivery of the order, the Contractor shall submit original invoice to the designated POC (TBD upon award) to receive invoices and copy furnish the Contracting Officer via email. For acceptance, a proper invoice must include: 1) Name and address of the Contractor; 2) Invoice number and date; 3) Government BPA number and contract line item number and if applicable the order number. 4) Description (including: for example, contract line/subline number), price and quantity of goods and services rendered. 5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading. 6) Terms of any discount for prompt payment offered. 7) Name and address of the contractor official to whom payment is sent (must be the same as that in the contract or on a proper notice of assignment. 8) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice. 9) Taxpayer Identifying Number, unless agency procedures provide otherwise. VENDORS SHALL SUBMIT INVOICES TO: TBD upon award
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(https://www.fbo.gov/spg/ODA/USSOCOM/FortBraggNC/H92239-17-T-0008/listing.html)
Place of Performance: Address: HQ USASOC, FT BRAGG, North Carolina, 28310, United States; Zip Code: 28310
Record: SN04437176-W 20170318/170316234452-00b1dd7448072fd854e89de6ac5b0167 (fbodaily.com)
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