RFQ_ABL-16175.pdf

OMB Approval No. 9000-

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

This RFQ [X ] is [ ] is not a Small Business Set-Aside Page

Of Pages

1. REQUEST NO.

ABL-16175

2. DATE

ISSUED

07/05/2016

3. REQUISITION/PURCHASE REQUEST

NO.

NFFN5110-16-02729

4. CERT. FOR NAT.

DEF. UNDER BDSA

REG. 2 AND/OR DMS

REG.1

RATING

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date) One year from award

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME TELEPHONE NUMBER [X ] FOB DESTINATION [ ] OTHER (see schedule)

SUZANNE JOHNSTON

SUZANNE.JOHNSTON@NOAA.GOV

AREA CODE

NUMBER

789-6061

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

NOAA FISHERIES, SERO

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

263 13th Avenue South

c. STREET ADDRESS

c. CITY

ST. PETERSBURG

d. CITY

e. STATE

f. ZIP CODE d. STATE

FL

e. ZIP CODE 33701

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE

2:00PM, ALASKA TIME, July 19, 2016

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Items 1-10 in Category 1 of Requirements for Software licenses, support & maintenance of Existing Laserfiche Software Period of Performance: one year from Date of Award

Option Year 1: Requirements for Software licenses, support & maintenance of Existing Laserfiche Software

Option Year 2: Requirements for Software licenses, support & maintenance of Existing Laserfiche Software

(Option years are not guaranteed. Exercising of options is at the government’s discretion. If exercised it will be via a unilateral modification after required notice has been given per FAR 52.217‐9.)

AWARD BASIS: Best Value, see CAR 1352.213.70 Evaluation Utilizing Simplified Acquisition

EA

12. DISCOUNT FOR PROMPT

PAYMENT

a. 10 CALENDAR DAYS %

b. 20

CALENDAR

DAYS %

c. 30 CALENDAR

DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTA

GE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print) b. TELEPHONE

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

QUOTED BY:_____________________ DATE_____________________________

COMPANY NAME:_________________________ email ADDRESS:_______________

PHONE:__________________________ SMALL BUSINESS?___________________

FAX:_____________________________ TAX ID NUMBER:____________________

ADDRESS:___________________________________________________________

DUNS no._______________________________CAGE CODE (CCR):____________

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

541519 Other Computer Related Services, IT VAR 150 Employees

FAX QUOTE TO SUZANNE JOHNSTON (907) 789-6094

Or email SUZANNE.JOHNSTON@NOAA.GOV

Award will only be issued to Vendors/Contractors who:

Are registered and active in SAM (System for Award

Management) at https://www.sam.gov/portal/public/SAM/

THE FOLOWING TWO PAGES ARE ALSO REQUIRED TO BE SUBMITTED WITH OFFER:

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7(d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

Attachment D

CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING AND

FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows –

To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________

(End of Provision)

STATEMENT OF NEED

PART 1

INFORMATION

Background:

NOAA Fisheries Service, Southeast Region has an Electronic Records Management System (ERMS) that is powered by Laserfiche technology. The region is physically located in a hurricane evacuation zone 1 which will suffer flood damage upon torrential tropical storms.

The Southeast Regional Administrator expressed a desire to implement an Electronic Records Management System and has taken the necessary steps to ensure its implementation within the Southeast Regional Office. With formal records management practices being the corner stone of conducting business within the government, the system now serves as our official records repository. NOAA has issued - NOAA Administrative Order (NAO) 210-2, Vital Records Program. This Order defines plan for the selection, protection, transmittal, and maintenance of vital records indispensable to emergency functions and describes responsibilities associated with the program. The Order reflects NOAA’s programmatic approach to vital records maintenance, the modification of policies and procedures to recognize the increased reliance on technology, and a better delineation of the responsibilities of individuals involved in maintaining and operating the program and how an investment in this project supports the mission.

As of today, SERO has successfully digitized its entire Region - legacy paper documents, critical and permanent records into its ERMS, this includes field offices. Our ERMS consists of two (2) repositories one for records management and the other for document management (DM). We have multiple workflow automation sessions that run daily. Remote web access for field is available. The system enables staff to create, edit, collaborate, route and approves documents without using paper.

Scope/High-level Description:

This acquisition is for the purchase of software maintenance and renewal of our electronic records management system which consists of the following products: (200) Laserfiche RIO RME (records management edition) license(s), (1) Laserfiche RIO Quickfields Context LSAP (License Software Assurance Plan), (1) Laserfiche RIO Quickfields Agent LSAP, (1) Laserfiche RIO Quickfields Document Classification LSAP, (1) Laserfiche RIO Integrators Toolkit, (1) Laserfiche RIO Import Agent, Laserfiche RIO Plus for Publishing, (1) Laserfiche RIO Scan Connect 10-Pack, (1) Laserfiche RIO Scan Connect 5-Pack (Renewal), 200 Laserfiche Forms for RIO LSAP. The software maintenance includes all software upgrades and patches for the software, as well as telephone support for the Laserfiche software.

This telephone support is to resolve problems, assist with software upgrade/patch installation, and general software assistance.

Requirements:

Category 1: Maintenance for Existing Software (Base Year)

Item No. Manufacturer Item Description Quantity

1 Laserfiche Laserfiche Rio RME Edition Full User Licenses (Renewal) 200

2 Laserfiche Laserfiche Rio Quickfields Context 2 CPU (Renewal) 1

3 Laserfiche Laserfiche Rio Quickfields Agent ‐ 2 CPU (Renewal) 1

4 Laserfiche Laserfiche Rio QuickFields Document Classification – (LSAP Renewal) 1

5 Laserfiche Laserfiche Rio Integrators Toolkit (Renewal) 1

6 Laserfiche Laserfiche Rio Import Agent (Renewal) 1

7 Laserfiche Laserfiche Rio Plus for Publishing (Renewal) 1

8 Laserfiche Laserfiche Rio Scan connect 10 ‐pack (Renewal) 1

9 Laserfiche Laserfiche Rio Scan connect 5 ‐pack (Renewal) 1

10 Laserfiche Laserfiche Rio Forms for Rio Software Support (LSAP Renewal) 200

Category 2 : Option Years (Option years are not guaranteed. Exercising of options is at the government’s discretion. If exercised it will be via a unilateral modification after required notice has been given per FAR 52.217‐9.)

Line No. Provider Item Description Quantity

11 Laserfiche Laserfiche RIO LSAP (Licence Software Assurance Plan) Opt Year 1

12 Laserfiche Laserfiche RIO LSAP (Licence Software Assurance Plan) Opt Year 2 1

Deliverables:

Deliverable Frequency Medium/Format/# of Copies Submit To

List specific deliverable

Laserfiche Software Products and Upgrades for the following:

Laserfiche RIO, Quickfields Context, Quickfields Agent Quickfields Document Classification, Integrators Toolkit, Import Agent, Plus for Publishing, Scan Connect and Forms. ALL ITEMS

AND QUANTITIES ARE

NOTED ABOVE UNDER

REQUIREMENTS

Deliverable must be delivered when new version have been released and properly tested by VAR to ensure that the product is safe for our use.

The medium upon which the upgrade will be delivered shall be electronic (via Laserfiche Web Site)

The items will be delivered to:

name given upon award

1.06 Constraints: Everyone involved in this statement of need, including the awardee, must abide by the purchasing and security policies and regulations imposed by the various agencies of the U.S. Government. In addition, outages to the SERO Laserfiche server must be kept to a minimum, approved by operations, and announced at least a week in advance.

1.07 Period of Performance: The Period of Performance for the Laserfiche RIO is one year from the date of award with option years. Options are not guaranteed and are at the sole discretion of the government. If an option is exercised, it will be completed unilaterally in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. (MAR 2000).

1.08 Type of Order: The government anticipates award of a Firm Fixed Price contract.

1.09 Hours of Operation/Place of Performance: The contractor is responsible for performing between the hours of 8:00 AM to 5:00 PM Eastern Time Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

Work will normally be performed at SERO, 263 13th Avenue South, Saint Petersburg, Florida. Remote work is authorized and will be monitored by SER’s ITS personnel and must comply with the Department of Commerce Information Technology Requirement (CITR) 0008: Remote Access.

1.010 Requirements and Qualifications: Contractor will also be providing telephone support for troubleshooting Laserfiche errors and issues that may arise. The contractor shall troubleshoot, upgrade/patch software, resolve technical issues and respond to on-site calls for assistance within 6 hours from the initial point of notification. The contractor shall maintain any required certification status for the full term of contract.

See CAR 1352.213.70 Evaluation Utilizing Simplified Acquisition (Apr 2010) for evaluation factors. Vendors must provide a thorough proposal and/or capabilities statement that clearly identifies the vendor is licensed, certified and/or otherwise able and capable of meeting all the requirements listed in the statement of need.

1.010A OFFEROR INSTRUCTIONS

FAXED QUOTES WILL NOT BE ACCEPTED. QUOTES SHOULD BE E-MAILED TO

SUZANNE.JOHNSTON@NOAA.GOV OR MAILED TO THE BELOW ADDRESS:

NOAA/NMFS/ABL

ATTN: SUZANNE JOHNSTON

17109 PT. LENA LOOP ROAD

JUNEAU, AK 99801

MAILED QUOTES MUST BE RECEIVED IN THIS OFFICE BY THE DUE DATE AND TIME TO BE

CONSIDERED WITHIN THE DEADLINE.

QUOTERS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION BY

E-MAIL WITHIN 5 DAYS OF THE ISSUANCE OF THIS SOLICITATION.

THE GOVERNMENT INTENDS TO MAKE AN AWARD TO THE RESPONSIVE RESPONSIBLE QUOTER(S)

PROVIDING THE BEST VALUE TO THE GOVERNMENT, PRICE AND NON-PRICE FACTORS

CONSIDERED. AWARD WILL BE MADE ON THE BASIS OF THE LOWEST EVALUATED PRICE OF

PROPOSALS MEETING OR EXCEEDING THE ACCEPTABILITY STANDARDS FOR NON-COST

FACTORS. "BEST VALUE" MEANS THE EXPECTED OUTCOME OF AN ACQUISITION THAT, IN

THE GOVERNMENT'S ESTIMATION, PROVIDES THE GREATEST OVERALL BENEFIT IN RESPONSE TO

THE REQUIREMENT. THE GOVERNMENT RESERVES THE RIGHT TO MAKE A COMPARATIVE

EVALUATION OF QUOTES IN DETERMINING BEST VALUE IN ACCORDANCE WITH FAR 13.106-

2(B)(3).

CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT TO BE

AWARDED A PURCHASE ORDER. YOU MAY REGISTER AT

HTTPS://WWW.SAM.GOV/PORTAL/PUBLIC/SAM/. A DUNS NUMBER IS REQUIRED. THERE IS NO

CHARGE FOR REGISTERING IN SAM .

THE FOLLOWING INFORMATION IS TO BE RETURNED:

1) PAGE 1 (COMPLETE BLOCKS 1-16).

2) PAGE 2, 3 AND 4

3) YOUR DUN & BRADSTREET (D&B) D-U-N-S NUMBER. IF YOU DO NOT HAVE A

DUNS NUMBER, YOU MAY REQUEST ONE AT HTTP://FEDGOV.DNB.COM/WEBFORM. THERE IS NO

CHARGE FOR GETTING A DUNS NUMBER.

4) IF CONTRACTOR REPRESENTATIONS AND CERTIFICATIONS ARE NOT COMPLETED IN THE

SYSTEM FOR AWARD MANAGEMENT (WWW.SAM.GOV), COMPLETE AND RETURN FAR CLAUSE

52.212-3. YOU MAY OR CERTIFY COMPLETION IN ORCA AT

HTTPS://WWW.SAM.GOV/PORTAL/PUBLIC/SAM/ ).

5) YOUR RESPONSE TO 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW.

6) AS REQUESTED IN 1352.213-70, PROVIDE YOUR RESPONSE TO THE FACTORS USED TO

EVALUATE QUOTES. CONTRACTORS WHO DO NOT RESPOND TO EACH EVALUATION FACTOR

MAY BE CONSIDERED NONRESPONSIVE.

7) YOUR COMPLETED ATTACHMENT D CERTIFICATION BY OFFERORS REGARDING FEDERAL

INCOME TAX FILING AND FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

8) AN E-MAIL ADDRESS AND TELEPHONE NUMBER WHERE YOU CAN BE REACHED FOR FUTURE

CORRESPONDENCE.

1.011 Recognized Federal Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by a President's Proclamation

It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the contract. If a contractor believes that an unplanned absence has an impact on the price or period of performance, it should notify the contracting officer (CO) of the changed condition and submit a claim for equitable adjustment (see FAR 52.233-1).

Nothing in this clause abrogates the rights and responsibilities of the parties relating to "stop work" provisions as cited in other sections of this contract.

1.012 Security Requirements: The Information Technology Systems at SERO are rated overall at a Moderate security classification.

1.0120 The systems supported under this task are moderate.

1.0121 Suitability/Risk Level - The suitability or risk level for this work has been determined to be moderate. As such, the contractor shall pre-screen their employees to eliminate anyone who does not meet the following criteria:

The prospective employees must be U.S. citizens.

48 CFR 1352.237-70 - Security Processing Requirements—High or Moderate Risk Contracts (APR 2010)

(a) Investigative Requirements for High and Moderate Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing, as noted below.

(1) Investigative requirements for Non-IT Service Contracts are:

(i) High Risk—Background Investigation (BI).

(ii) Moderate Risk—Moderate Background Investigation (MBI).

(2) Investigative requirements for IT Service Contracts are:

(i) High Risk IT—Background Investigation (BI).

(ii) Moderate Risk IT—Background Investigation (BI).

(d) Security Processing Requirement. Processing requirements for High and Moderate Risk Contracts are as follows:

(1) The contractor must complete and submit the following forms to the Contracting Officer's Representative (COR):

(i) Standard Form 85P (SF-85P), Questionnaire for Public Trust Positions;

(ii) FD-258, Fingerprint Chart with OPM's designation in the ORI Block; and

(iii) Credit Release Authorization.

(2) The Sponsor will ensure that these forms have been properly completed, initiate the CD- 254, Contract Security Classification Specification, and forward the documents to the cognizant Security Officer.

(3) Upon completion of security processing, the Office of Security, through the servicing Security Officer and the Sponsor, will notify the contractor in writing of an individual's eligibility to be provided access to a Department of Commerce facility or Department of Commerce IT system.

(4) Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the Sponsor must request an Immigration and Customs Enforcement agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

(e) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the COR will be notified. The Sponsor, in coordination with the Contracting Officer, will immediately remove the contract employee from duties requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude;

(2) Falsification of information entered on security screening forms or on other documents submitted to the Department;

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government, regardless of whether the conduct was directly related to the contract;

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(f) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(g) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(h) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

1.013 Task Manager (TM): The TM is (to be determined after award)

The TM or delegate monitors all technical aspects of the contract and assists in contract administration. The TM is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the contractor concerning technical aspects of the contract;

issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor contractor's performance and notify the Contracting Officer of any deficiencies;

coordinate availability of government furnished property, and provide site entry and badging of contractor personnel. The TM is not authorized to change any of the terms and conditions of the resulting order.

1.1 General Information

1.1.1 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

1.1.2 Post Award Meetings/Periodic Progress Meetings: The contractor agrees to attend any post award meeting convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Task Manager (TM), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance.

At these meetings the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.1.3 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.1.4 Processing and Identification of Contractor Employees: Prior to commencing work under this contract, the contractor shall submit or have their employee submit the required security forms and number of copies as informed by the Task Manager. The contractor, when notified that the Government rejected the suitability assessment forms shall either have the rejected forms made compliant and resubmitted or withdraw the employee from consideration from working under this contract. All contract personnel attending meetings, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.1.5 Government Remedies: The contracting officer shall pursue remedies for the contractor’s failure to perform satisfactory services or failure to correct non-conforming services in accordance with the terms and conditions of the contract.

PART 2

DEFINITIONS & ACRONYMS

● Contracting Officer’s Representative (COR): A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor.

DeMilitarized Zone (DMZ): A physical and logical subnetwork that contains and exposes SERO’s external-facing web services to a larger and untrusted public network, also known as the Internet. The purpose of the DMZ is to add an additional layer of security to our Local Area Network (LAN).

● SON: Statement of Need

● SERO: SouthEast Regional Office of NOAA Fisheries.

● TM: Task Manager, a SERO employee designated to monitor and facilitate all aspects of the contract.

PART 3

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.01 General:

The contractor shall furnish all equipment and qualified technician(s) required to perform this PWS.

1. DAMAGE

The Government will not be responsible in any way for damage occasioned by fire, theft, accident or otherwise, to the Contractor's personal belongings brought into the facilities provided by the Government.

2. INSURANCE COVERAGE

The contractor will be responsible for providing their own workman's compensation and health insurance. The government will not be responsible for providing insurance. The contractor must show proof of workman's compensation insurance if requested by the Contracting Officer. If the contractor has not obtained workman's compensation insurance, the government takes no responsibility in event of injury. This is solely the responsibility of the Contractor.

4. WORKMANSHIP

The work involved in this contract must be performed accurately, on a timely basis, and with close adherence to established guidelines.

IT Requirements

This order will require assignment of a permanent user account, access to DOC data or systems. This contractor will have access to and use Government hardware, application software, system software, or sensitive data as needed. This service will be performed on federal government’s premises for more than 300 calendar days. IT security consideration and controls will be put in place before commencement of service.

Invoicing

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services actually delivered or rendered

4. Payment terms are “Net 30”.

5. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made

Invoices are to be submitted to: DOC/NOAA/NMFS Auke Bay Laboratories Ted Stevens Marine Research Institute 17109 Point Lena Loop Rd Juneau, AK 99801 Or email invoices to: abl.invoice@noaa.gov

Payment Terms

Payment terms, per Prompt Payment Act, is Net 30 days unless otherwise awarded based on response that provides further discounts. The Government will make best efforts to pay Contractors within 15 days of receipt and acceptance of service and invoice. Do not expect earlier payment, without Discount terms.

Suspension of Work

In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 – Suspension of Work, Stop-Work Orders, and Government Delay of Work is also made a part of this Acquisition.

NOAA will not make payments to contractors for products or services not obligated before the funding lapse.

If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

Solicitation Provisions:

52.211-6 Brand Name of Equal (AUG 1999)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7(d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-1 Instructions to Offerors – Commercial Items (OCT 2015)

52.212-3 Offeror Representations and Certifications—Commercial Items. (FEB 2016) 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) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 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.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13

CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (p) 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern.

(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 o is, o 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 o is, o 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 o is, o 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 o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o 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) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material 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 o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—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.