BPA 4 RUGGED PDR'S AG-024B-S-09-0033 Body.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to complete blocks 12, 17, 23, 24, & 30

INFORMATION CALL:

ORIGIN/Pre-apy/add

12. DISCOUNT TERMS

UNRESTRICTED

BLOCK IS MARKED

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SEE SCHEDULE

SET-ASIDE: 100 % FOR

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13a. THIS CONTRACT IS A RATED ORDER

3833 S. DEVELOPMENT AVENUE

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SMALL BUSINESS

UNDER DPAS (15 CFR 700)

HUBZONE SM. BUSINESS BUSINSESS

13b. RATING

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8(A)

RFQ

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IFB

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RFP

INCIDENT SUPPORT BRANCH

3833 S. DEVELOPMENT AVENUE

BOISE, ID 83705-5354

17a. CONTRACTOR/OFFEROR

OFFEROR

CODE

FACILITY CODE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED:

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

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SEE ADDENDUM

See Line Item Breakdown for a description of equipment

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27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 are attached.

Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

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27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 is attached.

Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

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AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Matthew D. Olson

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 3/2005)

Previous Edition Is Not Usable Prescribed by GSA ( FAR (48 CFR) 53.212

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

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ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED:

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

PARTIAL FORMCHECKBOX

FINAL

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COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

37. CHECK NUMBER

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 3/2005) BACK

CONTRACT ADMINISTRATION DATA

1. Contract administration matters will be handled by:

a. CONTRACTOR:

Point of Contact /Title _____________________________________________________________

Telephone Number __________________________________________________

Fax Number ________________________________________________________

Email _____________________________________________________________

DUNS Number _______________________Tax Identification Number _____________________ GSA/FSS Contract Number: ___________________________________________(as applicable)

Effective dates of GSA/FSS contract: ____________________________________(as applicable)

b. GOVERNMENT:

Matt Olson

Contracting Officer

United States Forest Service

Incident Support Branch

3833 S. Development Avenue

Boise, ID 83705-5354

(208) 387-5835

Fax (208) 387-5384

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (October 2003).

3. INVOICES: Invoices shall be submitted to the following address:

US Forest Service Contracting

Incident Support Branch

Attn: Matt Olson 3833 S. Development Avenue

Boise, ID 83705-5354

Line Items Base Year: 3 May 2010 - 2 May 2011

Option 1: 3 May 2011 - 2 May 2012

Option 2: 3 May 2012 - 2 May 2013

Option 3: 3 May 2013 - 2 May 2014

Option 4: 3 May 2014 - 2 May 2015

Specifications Line Item Specifications

Rugged Portable Data Recorders (PDR)

(Referred within as PDR) also commonly referred as hand held field computers

Min=Minimum

Max=Maximum

Rugged Portable Data Recorder (With Tactile Keyboard) – applies to line items (1-4)

Specifications:

Rugged PDR With Tactile Keyboard

Physical/Operational

Size

10" X 5.5" X 2" Max

Weight

< 2.5lbs

Battery

User removable/replaceable Lithium-Ion or NiMH

Battery life

8 hrs minimum

Display (screen)

Color TFT with touch/stylus adjustable backlight and contrast, outdoor readable in bright sunlight

Keyboard

Alpha Numeric usable wearing gloves

Audio audible speaker, microphone

Interface (data input types) virtual keyboard, touch screen, tactile function buttons

Performance

Operating System

Microsoft Windows CE.NET 4.2 or Windows Mobile 5.0 in non-volatile location (or newer operating system)

Processor

X Scale 400 Mhz or greater

RAM

128Mb or higher

Data Storage

128MB (min) 256MB/512MB/1.0G options

Battery Life

8hr Min

Storage Card Slots

Must have at min one of the following or a combination of: PC, SD, mini SD,Compact Flash Card

Environmental

Temperature

Operating

20 Degrees F Below Zero to 120 Degrees F above zero

Storage

20 Degrees F Below Zero to 140 Degrees F above zero

Casing

MIL-SPEC or IP rating

Mil Spec 810F and IP 67 -rain, dust, shock/vibration resistant material type

Polycarbonate or Magnesium sealing

Water Immersion 30 mins

Communications

Ports

Mandatory: USB, bluetooth, serial, Optional: WLAN >=802.11b,Parallel

Options

Cradle/Docking Station

Office

Office Dock with slot to hold and charge spare battery

Vehicle

Pod/End Caps

GPS; CF or SD or Mini SD card slot availability

Screen

Film protectors

Line Item 1: Rugged Portable Data Recorder with Tactile Keyboard 128MB

RAM/128MB data storage

Line Item 2: Rugged Portable Data Recorder with Tactile Keyboard 128MB

RAM/256MB data storage

Line Item 3: Rugged Portable Data Recorder with Tactile Keyboard 128MB

RAM/512MB data storage

Line Item 4: Rugged Portable Data Recorder with Tactile Keyboard 128m RAM

1Gig data Storage

Rugged Portable Data Recorder (With Tactile Keyboard) – applies to line items (8-11)

Specifications:

Rugged PDR With Virtual Keyboard (Touch Screen activated)

Physical/Operational

Size

7" X 4" X 2" Maximum

Weight

< 2lbs

Battery

User removable/replacable Lithium-Ion or NiMH

Battery life

8 hrs minimum

Display (screen)

TFT with touch screen and stylus input type color, outdoor readable in bright sunlight

Keyboard type virtual keyboard on screen with touch/stylus input user definable tactile function buttons

Audio audible speaker, microphone

Interface (data input types) virtual keyboard, touchscreen, tactile function buttons

Performance

Operating System

Windows Mobile 5.0 in non-volatile location or newer operating system

Processor

Intel X Scale 400 Mhz minimum

RAM

64 Mb or higher

Data Storage

128MB (min) 256MB/512MB/1.0G options

Battery Life

8 hr min

Storage Card Slots

SD, Mini SD or Compact Flash Card

Environmental

Temperature

Operating

20 Degrees F Below Zero to 120 Degrees F above zero

Storage

20 Degrees F Below Zero to 140 Degrees F above zero

Casing

MIL-SPEC or IP rating

Mil Spec 810F and IP 67 -rain, dust, shock/vibration resistant material type

Polycarbonate or Magnesium sealing

Water Immersion 30 mins

Communications

Ports

USB host mini A and device Mini B, integrated bluetooth, serial

Options

Cradle/Docking Station

Office

Office Dock with slot to hold and charge spare battery

Vehicle

Pod/End Caps

GPS CF card slot availability

Screen

Film protectors

Line Item 8:

Rugged Portable Data Recorder with Virtual Keyboard 64 MB or higher

RAM/128MB Data Storage Line Item 9: Rugged Portable Data Recorder with Virtual Keyboard 64 MB or higher

RAM/256MB data storage

Line Item 10: Rugged Portable Data Recorder with Virtual Keyboard 64MB or higher

RAM/513MB data storage

Line Item 11: Rugged Portable Data Recorder with Virtual Keyboard 64MB or higher

RAM/1.0 G data storage

BLANKET PURCHASE AGREEMENT DETAILS

BPA Details:

1. Prices for the services will be paid in accordance with the awarded BPA line item prices.

2. Orders against this BPA can only be made by authorized callers (listed below).

3. Orders against this BPA become binding once the contractor has agreed to an assignment and services from an authorized caller

4. OPTION TO EXTEND THE TERM OF THE AGREEMENT: The term of this agreement may be extended by mutual consent of both parties, provided:

a. Contractor will be contacted within thirty (30) days of expiration of the current agreement if the government intends to extend the BPA (this notice shall not be deemed to commit the Government to an extension).

b. Term of Agreement can only be extended one year at a time.

c. Term of Agreement cannot be extended beyond the potential base and 4 option years (5 years total)

5. The minimum order dollar amount for items awarded under this agreement is $250.00

6. No single BPA call under this agreement shall exceed $200,000 in amount.

7. The total Maximum amount of orders against this BPA cannot exceed $5.5 Mil

8. BPA may be cancelled for default immediately, by the government, if contractor is noncompliant with terms and conditions of agreement.

9. Agreement may be cancelled by either party at no cost with 30 day written notice.

10. Invoices need to be submitted to the ordering office on the individual purchase/BPA call orders.

11. The Government is under no obligation to purchase from the vendor of this BPA. The Government is obligated only to the extent of authorized purchases actually made under this BPA. The Vendor is under no obligation to supply any items or quantities not readily available.

Authorized BPA Callers:

Orders from the Government may only be placed in writing by a U.S. Forest Service and U.S. Department of Agriculture (USDA) Contracting Officers and warranted purchasing agents.

CONTRACT CLAUSES

The following clauses are incorporated into 52.212-4 as an addendum:

The following clauses are incorporated by reference:

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

AUG 2000

52.204-7 CENTRAL CONTRACTOR REGISTRATION

APR 2008

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

JUN 2008

52.232-18 AVAILABILITY OF FUNDS

APR 1984

52.245-9 USE AND CHARGES

JUN 2007

The following clauses are incorporated by full text:

52.252-2 Clauses Incorporated By Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm (End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Feb 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_X_ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (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.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

_X_ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (27) (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.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_X_ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (42) (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:

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 Instructions To Offerors—Commercial Items

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

52.217-5 Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm

(End of Provision)

ADDENDUM to FAR 52.212-1 Instructions to Offerors --- Commercial Items - Sub-Part 13.5 Test Program

This procurement is being conducted under the Subpart 13.5 test program where simplified acquisition procedures apply and the conduct of the procurement will be in accordance with Parts 12, 13 or 15 of the FAR or some combination thereof.

(End of Addendum to 52.212-1)

52.212-2 Evaluation—Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Capability* Past Performance*

Price

*See evaluation factor details outlined below.

Technical Capability is approximately equal in importance to Past Performance.

Technical Capability and Past Performance, when combined, is equal in importance when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Quote Preparation Instructions* *Multiple awards may be considered for each BPA line item. There is no requirement to submit quotes for all of the line items outlined in the RFQ.

1. These instructions are designed to ensure the submission of information essential to understanding and comprehension of the quote. There is no intent to limit the content of the quote. The instructions permit the inclusion of any additional data and/or information an offeror deems pertinent. Offerors are cautioned to follow the detailed instructions fully and carefully, as the government reserves the right to make an award based on initial offers received, without discussions of such offers.

2. After compiling all required information, reassemble the solicitation document in accordance with appropriate instructions and return the executed documents to the issuing office listed in Block 9 of the SF 1449 on or before the date/time specified on the front of the SF 1449.

3. To aid in the evaluation process, quotes shall be complete, comprehensive and clearly presented. Quote shall be neat, indexed (cross-indexed as appropriate) and assembled in an orderly manner. Elaborate artwork is neither necessary nor desired. All pages of each part shall be appropriately numbered and identified with the RFP number. The offeror shall provide whatever other narrative or supporting materials (matrix, charts or other graphics) considered necessary for the government to fully understand the quote.

Quotation Format and Content. The quote shall consist of two physically separate and detachable parts as follows:

Part I – Executed Request for Quote (RFP Documents) – Provide two copies.

Part II –Technical Capability & Past Performance – Provide seven copies.

Part I – Executed Request for Quotation Documents. Part one shall contain the following solicitation documents:

1. SF 1449, page 1 & 2

2. Price Quotation for the BPA Line Items

3. Any amendments thereto

Part II – Technical Capability & Past Performance Evaluation factors (of equal importance)

1. Technical Capability

This factor is meant to address how the technical capability of the equipment and services offered by each contractor. It is made up of two (2) sub-factors as described below.

The two sub-factors for Technical Capability listed below are of equal importance:

a. Product Specifications & Features (must meet minimum requirements)

1. Degree of understanding of the technical specifications

2. Features of the equipment that exceed the minimum requirements outlined in the specifications (i.e. larger screen, lighter weight, additional memory, etc.)

b. Delivery Proposed delivery times will be evaluated.

Technical Capability shall be evaluated on the basis of the following sub-factors of equal importance:

A. Product Specifications & Features B. Delivery Technical Capability evaluations shall be accomplished for all offerors, and each offeror shall be assigned one of the following overall ratings for technical capabilities:

2. Past Performance

Offerors shall submit a consecutive list of all relevant past and present performance for the last three years. Relevancy is defined as providing comparable services with respect to this type of service, this type of project and complexity. Past performance shall include the following:

1. Name of contracting activity/company

2. Contract number

3. Contract type

4. Total contract value (basic year and any options)

5. Contract Work

6. Contracting Officer and telephone number

7. Program Manager and telephone number

8. Administrative Contracting Officer and telephone number, if different than (6)

a. The offeror may provide information on problems encountered on the contracts and subcontracts identified above and corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General information will be obtained from the references.

b. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Such awards or certifications include, for example, the Malcolm Baldrige Quality Award, other government quality awards and private sector awards or certifications (e.g. the automobile industry’s QS 9000, Sematech’s SSQA or ANSI/EIA-599). Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply.

c. Offerors with no past experience in providing services/products similar to governments stated objectives shall state so.

Past performance shall be evaluated on the basis of the following subfactors of equal importance:

1) Contractor Responsiveness & Timeliness

2) Quality of Service

3) Contract Management

Past performance evaluations shall be accomplished for all offerors, and each offeror shall be assigned one of the following overall ratings for past performance:

A. A number of past performance references provided by offerors will be selected and investigated. Any derogatory past performance information obtained will be presented to the affected offeror and that offeror will have an opportunity to respond with any mitigating facts. The final determination of past performance ratings shall rest with the contracting officer.

B. An offeror with limited or no recent or relevant past performance will receive a rating of Neutral/Unknown Confidence, and will not be rated favorably or unfavorably on past performance.

Quotation Evaluation

Quotes will be evaluated based on technical merit relative to the Statement of Work. The Non-Price Evaluation Factors’ and sub-factors are of equal importance: Factor 1-Technical Capability with two (2) sub-factors of equal importance (Product Specifications/Features & Delivery), Factor 2- Past Performance with three (3) sub-factors (Contractor Responsiveness/Timeliness, Quality of Service, Contract Management) of equal importance. When combined, the Non-Price Factors are equal in importance when compared with Price in the award decision. The Price Quote will be evaluated but not scored, and selection will be made on a best-value basis.

Upon evaluation of factors 1& 2 (Technical Capability and Past Performance), each offeror will be assigned an overall technical rating factor from the following table:

Evaluation Ratings.

Rating

Description

EXCEPTIONAL

The response is very comprehensive, in-depth, clear, and uniformly outstanding in quality. Consistently high quality performance can be expected. The quote, as written, exceeds requirement.

VERY GOOD

The response is comprehensive, in-depth, clear, and uniformly very good in quality. Quote contains minor weaknesses that are easily correctable and would not hamper above average service. Consistently above average quality performance can be expected. The quote, as written, exceeds requirement.

SATISFACTORY

The response meets all minimum requirements and generally is of high quality. Deficiencies are minor and easily corrected. Quote is acceptable as written. Satisfactory performance can be expected.

MARGINAL

The response fails to meet all minimum requirements. Unacceptable areas could become acceptable but discussions are required to correct marginal areas.

UNSATISFACTORY

The response fails to meet minimum requirements. Quote is lacking minimum technical detail and omissions are apparent. Soundness of technical approach is weak and lacks an understanding of the requirement. Major quote revision(s) required for minimum acceptability.

An “Unsatisfactory” rating in any factor or sub-factor may result in the entire proposal being found unacceptable.

An award will be made to the offeror or offerors who represents the best value to the government in terms of technical capability, past performance and price, as outlined above. Multiple awards may be made for each line item. Each line item in this RFQ can be awarded separately. The government reserves the right to award the contract to other than the lowest priced offeror.

(End of Provision) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Aug 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“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.

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

(1) Not less than 51 percent of which is owned by one or more…