DJD-17-R-0036_FBO_RFP.pdf
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- LPR Maintenance Support Services Federal contract opportunity
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- DJD-17-R-0036
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The U.S. Department of Justice, Drug Enforcement Administration (DEA) has a requirement for a contractor to provide field engineering, generator maintenance & refueling, and warranty support services for designated License Plate Readers (LPRs) that are deployed in East Texas, West Texas, New Mexico, Arizona, and California and shall ensure that the designated LPR systems are kept operational and running 24x7.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Government intends to issue a sole source contract to Selex ES, Inc. 11300 W. 89th Street, Overland Park, KS 66214. A Justification for Other Than Full and Open Competition has been approved by the Contracting Officer.
The solicitation number is DJD-17-R-0036. The solicitation is issued as a Request for Proposal (RFP). The solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, 2005-95 / 01-19-2017. This is an unrestricted procurement. The associated NAICS code is 811213 and the small business size standard is $11 Million Dollars. A list of contract line item numbers and items, quantities and units of measure, including options is attached. The description of requirements to include the dates and places of delivery and acceptance are included in the Statement of Work (SOW).The provision at 52.212- 1, Instructions to Offerors-Commercial, applies to this acquisition and there are no addenda to the provision. The provision at 52.212-2, Evaluation – Commercial Items, is applicable.
The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and there are no addenda to the clause. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. These FAR provisions and clauses and Drug Enforcement Administration (DEA) provisions and clauses are applicable to the acquisition and are annotated on the DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS, Updated through FAC 2005-95 (1/19/2017), which is attached.
This is an all or none requirement. The Government anticipates award of a single firm fixed price contract with economic price adjustment. All questions regarding this requirement shall be submitted in writing via email to Paula.McMillan@usdoj.gov by September 18, 2017, 1:00PM, EST. If necessary, an amendment will be issued. The proposal shall be submitted via email at the same email address by September 21, 2017, 4:00PM. No telephone calls will be accepted.
https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_6.html#wp1088488 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 mailto:Paula.McMillan@usdoj.gov
DJD-17-R-0036
Statement of Work (SOW)
Drug Enforcement Administration National License Plate Reader Program, Field Engineering, Generator Maintenance & Refueling, and Warranty Support
Contents
BACKGROUND
OBJECTIVE
SCOPE
FIELD ENGINEERING
GENERATOR MAINTENANCE & REFUELING
WARRANTY
TASKS
Field Engineering
Generator Maintenance & Refueling
Warranty
PLACE OF PERFORMANCE
PERIOD OF PERFORMANCE
TRAVEL
SECURITY
EVALUATION FACTORS
Past Performance
Technical Capability
BASIS FOR AWARD
PROPOSAL SUBMISSION
BACKGROUND
The Drug Enforcement Administration (DEA) National License Plate Reader Program (NLPRP) is a complex camera and alerting system that is used as an investigative tool to monitor and target roadway conveyances commonly used to transport bulk cash and other contraband. The NLPRP system provides images and data in near real-time as vehicles transit a strategically placed License Plate Reader (LPR) location. The NLPRP system has been utilized to verify defendant statements, track fugitives, provided assistance with homicide investigations, and identify the routes and methods used to transport bulk proceeds, seize U.S. currency, and successfully identify money transporters and their associates. The DEA has deployed LPR equipment throughout the southwest border in the states of Texas, New Mexico, Arizona, and California. This proprietary LPR equipment requires 24x7 engineering support to keep the system operating so that it can achieve the mission of the program. This equipment also requires annual warranty and maintenance services to ensure the rapid replacement and sustainment of the field deployed systems and hardware components. A portion of the LPR systems that supply data to the NLPRP require field engineering, generator maintenance and refueling, and warranty support.
OBJECTIVE
The Government requires the Contractor to perform Field Engineering, Generator Maintenance & Refueling, and Warranty support services for the LPR systems. The Contractor shall support designated LPRs that are deployed in East Texas, West Texas, New Mexico, Arizona, and California, within approximately 100 miles of the United States border with Mexico and shall ensure that the designated systems are kept operational and running 24x7. The Contractor shall provide no fewer than four (4) field engineers and one (1) refueler and generator maintenance engineer, and the Contractor shall also provide an overall warranty covering the LPR equipment purchased from and or supplied by the Contractor.
SCOPE
The Contractor shall provide comprehensive field engineering, generator maintenance & refueling, and warranty support services for designated LPR systems by field engineers for equipment that is currently deployed and will be deployed during the life of the contract. The Contractor shall also provide generator maintenance and refueling support as well as solar power support for the systems specified that are not on a permanent source of electricity and which require fossil fuel or solar power generators to power to the systems. Additionally, the Contractor shall provide annual warranty coverage of the DEA owned equipment.
FIELD ENGINEERING
Field Engineers shall provide installation, maintenance, and technical support for the LPR equipment that is or will be deployed in 4 zones:
1. East Texas
2. West Texas and New Mexico
3. Arizona
4. California
GENERATOR MAINTENANCE & REFUELING
Generator maintenance and refueling services shall be performed to ensure the sites are operational 24x7 in support of the DEA National License Plate Reader Program mission.
1. Generator maintenance is to be completed as to the manufacturer’s recommendation and shall include, but not be limited to, oil changes, oil filter changes, and air filter changes.
2. Refueling services shall include fuel transport and delivery vehicle, fuel and operational costs, generator oil top off, and labor for these activities.
WARRANTY
The contractor shall provide installation, maintenance, replacement, and technical support.
TASKS
Field Engineering Field Engineers shall perform the following tasks:
1. Perform all operational, maintenance and technical support to ensure the uninterrupted day-to-day functions and preservation of the LPR systems. No manuals are provided by the vendor.
I. Keep maintenance records on all sites and systems and report the steps taken to resolve all system problems.
II. Maintain a Configuration Management system for hardware and software.
III. Maintain equipment to include cleaning of camera lenses, trimming of grass, etc.
2. Sustain existing locations (plus locations that will be added when vendor supported installations are completed);
I. East Texas Zone - 12 Locations II. West Texas and New Mexico Zone - 21 Locations
III. Arizona Zone - 6 Locations IV. California Zone - 6 Locations
3. Train designated DEA employees on the operational, maintenance, and technical issues concerning the LPR systems. No manuals are supplied by the vendor.
4. Coordinate the transportation and repair of damaged generators with the refueling company specified by DEA. If a damaged generator can’t be repaired and returned to service in a timely manner, the contractor shall be required to ensure that it is replaced with a spare as soon as possible (reference CLINs for additional details).
I. Perform the set up and tear down of the equipment and/or support others who perform the set up and tear down.
5. Communicate with the repair facility, evaluate the condition of damaged generators, and provide status reports to DEA by email or phone call.
6. Deliver the “LPR Monthly Summary Report” to include:
I. LPR Trailer Number / Serial Number, and License Plate Number:
II. Highway Name and Latitude/Longitude Coordinates III. Connectivity Status: Up/Down IV. Equipment Issues: Identify any equipment that is having an issue or needs to be replaced.
7. Provide comprehensive maintenance and support for the systems mentioned in the paragraph above.
I. The contractor field engineer shall support periodic site inspections and property inventories; lock combinations and keys shall be provided to DEA to permit these activities.
8. Support the conversion of generator powered systems to landline power systems by handling permitting, meeting contractors, etc.
9. Support site surveys associated with identifying locations for the installation of additional equipment.
10. Supply a vehicle that is capable of towing trailers in case the trailer has to be moved or relocated.
All work and materials shall be covered by a comprehensive fixed price contract.
Generator Maintenance & Refueling The Contractor shall maintain and refuel the generators to include the following services:
1. Refueling Service
a. Delivery vehicle
i. Fuel (gasoline or diesel)
ii. Operational costs
b. Labor for acquiring, delivering, and replenishing fuel
c. Oil change
d. Oil filters
e. Air filters
f. Valve cover gasket
g. Full inspection of trailers and generators to include:
i. Locks
ii. All lights
iii. Camera and light stands
iv. Maintenance of ground around trailers and generators.
v. An immediate report to Field Engineer of any LPR system issues.
2. Generator service every 250 hours per the manufacturer’s recommendation. Said maintenance shall include
a. Oil sampling, approximately 36 times.
b. 100 gallons fuel (gasoline or diesel), approximately 36 times.
c. Valve adjustment, (2) labor, hourly (agreement/contract rate), valve cover gasket, 12 times.
d. Load banking @ 80%, 1 hour with verification of 100% to prevent wet stacking in the engine due to running engine at ¼ of load capacity, 4 times.
e. Filter replacement per the manufacturer’s recommendation.
3. The purchase of generators, parts, and supplies as required. A CLIN shall be funded to pay for these items.
4. The coordination of the transport and repair of damaged generators with the refueling company specified by DEA. If damaged generators can’t be repaired and returned to service in a timely manner, the contractor shall be required to ensure that it is replaced with a spare as soon as possible.
5. The delivery of the “Generator Monthly Summary Report” to include:
a. Generator Serial Number/ DEA Number / LPR Trailer Number
b. Highway Name and Lat/Long Coordinates
c. Connectivity Status: Up/Down
d. Hours: How many hours the generator has been in operation
e. Next Maintenance Due Date:
The Contractor shall provide all labor, materials, supplies, and equipment required to perform this aspect of the contract.
The Government requires separate invoices for each service.
Warranty The Contractor shall provide the following warranty services:
1. Installation, maintenance, and technical support.
2. Replacement tires on trailers that dry rot due to the high temperature and sun exposure.
3. Repair or replacement of items on trailers that have been damaged or vandalized.
4. Replacement of defective hardware when needed.
a. Operating System software and firmware delivered with each piece of equipment shall be a currently distributed version with all updates, service packs, and patches applied and any known security vulnerabilities mitigated.
b. Provide equipment specifications documentation that pertains to power consumption and minimum and maximum operating temperatures.
5. The update of all software, monthly or when needed.
a. All updates shall be included in the contract price.
b. On-line telephone technical support shall be provided as needed
c. Updates to the LPR equipment that are required to support reading new plates shall be applied to the systems within 90 days of request.
d. DEA and the contractor shall have administration level access to the Operating
System of any computers associated with an LPR system so that troubleshooting, security patch installation, file system maintenance, etc. can be performed.
e. The contractor shall be obligated to fix any software bugs and security vulnerabilities found in association with operating the LPR systems.
6. Performance of all operational, maintenance, and technical support to ensure the uninterrupted day-to-day operation and preservation of the LPR systems.
7. Training of designated DEA employees on the operational, maintenance, and technical issues concerning the LPR systems.
8. Coordination of the transport and repair of damaged generators with the refueling company specified by DEA. If damaged generators can’t be repaired and returned to service in a timely manner, the contractor shall be required to ensure that it is replaced with a spare.
9. Offer upgrade paths to the LPR system as technological advancements emerge.
10. Communication with the repair facility, evaluation of the condition of damaged generators, and the provision of status reports to DEA by email or phone call.
The warranty services shall cover the following equipment:
1. 47 Trailers
2. 53 Fixed Cameras
3. 24 Barrel Cameras
4. Solar Powered Equipment
a. Diagnose solar changing system faults
b. Replace components such as: batteries, charge controllers, solar panels, wiring as needed
c. Maintain water levels in batteries
PLACE OF PERFORMANCE
The Contractor shall perform services at locations in East Texas, West Texas, New Mexico, Arizona, and California.
The Contractor shall have technicians’ on-site working during the proposed maintenance time.
The Contractor shall fix all reported problems within 8 hours. On a case by case basis, the Contractor may request deviations from these timelines; the Government will decide the applicability of the time requirements.
Contractor personnel who have access to DEA owned systems shall possess a DEA security clearance, shall be provided adequate safety training, and shall be restricted by DEA guidelines as to procedures associated with access to the equipment and as to what information can be provided to the public about the purpose and owner of the LPR equipment.
PERIOD OF PERFORMANCE
The estimated period of performance is September 30, 2017 – September 29, 2018 with four one-year option periods.
TRAVEL
The Government will reimburse travel to and from the site to be serviced in East Texas, West Texas, New Mexico, Arizona, and California in accordance with the mileage rates in the GSA Federal Travel Regulations in effect at the time travel occurs. Travel is only permitted for the following purposes: Field Engineering, Generator Maintenance & Refueling, and Warranty Support Services.
SECURITY
All contract personnel requiring access to DEA equipment must be able to obtain the Secret clearance level. Contractor personnel shall have their security clearances granted through the Department of Defense (DOD) Defense Security Service (DSS). Only U.S. citizens, by birth or naturalized, shall be permitted to perform services under this contract. DEA will conduct record checks to supplement and update the DOD/DSS background investigation for all contractor personnel. The Office of Security Programs, Personnel Security Section (ISR) will conduct a suitability review of all contractor personnel. A final suitability determination will come from ISR on contractors requiring access to DEA facilities, systems, or DEA Sensitive National Security Information.
DEA will not sponsor a company for a facility clearance. All prospective companies bidding on this contract must have a current facility clearance.
EVALUATION FACTORS
The Offeror’s proposal shall address the following evaluation factors.
Past Performance
1. The Contractor shall obtain and provide up to two (2) Contractor Performance Assessment
Questionnaires (Attachment I) for projects that are of a comparable or related nature and complexity to the requirements of the proposed contract.
2. The Contractor shall provide one (1) self-assessment of its own past performance and specifically address its resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards.
3. Finally, the Contractor shall list any contracts that have been terminated for convenience, cause or default in the past 3 years – indicating the other party to the contract, point of contact, and phone number; if none, please make affirmative statement to that effect.
Technical Capability
1. The Contractor shall discuss its technical approach and solutions to performing all of the work as described in the Statement of Work (SOW).
2. When pricing fuel, the Contractor shall discuss the fuel cost basis.
3. The Contractor shall submit a schedule for inspections and maintenance of the generators in accordance with the requirements of the SOW.
4. The Contractor shall affirmatively agree to the Wage Determinations referenced in the RFP.
BASIS FOR AWARD
Award will be based on the selection of the technically acceptable proposal with the lowest price.
PROPOSAL SUBMISSION
The Technical Proposal shall be written in plain English, in a concise, easy to read manner.
Pages shall be standard size 8.5 x 11 inches, printed on one side (one sheet printed on both sides will count as 2 pages), and print shall be standard 12point font. The Technical Proposal shall not exceed 10 pages. The first 10 pages of the Technical Proposal, in book order, will be evaluated;
pages in excess of this 10 page limit will not be considered. Contractor Performance Assessment Questionnaires, title page, table of contents, index, and tabs shall NOT be counted in the page count limitation.
The specific areas to be addressed are listed in this section. Technical proposals are to be prepared in a format that will facilitate the evaluation of the proposals. Accordingly, proposals shall be structured in such a way as to address, separately, each of the evaluation factors. The technical proposal shall be sufficiently specific, detailed, and complete to clearly and fully demonstrate that the prospective offeror has a thorough understanding of the requirements stated in the SOW.
The Technical Proposal shall include the self-assessment for the Offeror’s past performance for projects of a comparable or related nature and complexity to the proposed contract and the Offerors capability of providing the services as described in the SOW.
The Business Proposal shall include pricing as shown in the Schedule of Supplies/Services. The Contractor shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items.
The Government will evaluate cost/price, an unrated evaluation factor, based upon the use of any one or several price evaluation techniques as may be deemed necessary to determine that the proposed price is fair and reasonable, such as:
a. Comparison of proposed prices to historical prices paid, whether by the Government or other than Government for the same or similar items;
b. Comparison of the proposed price with prices obtained through market research for the same or similar services, and
c. Other techniques in accordance with FAR 15.404.
All quotes are due September 21, 2017 at 4:00PM, Eastern Time. The quote shall be submitted electronically to Paula.McMillan@usdoj.gov.
The deadline for questions is September 18, 2017 at 10:00AM Eastern Time. Response to questions will be posted as an amendment to the RFQ. Questions shall be submitted electronically to Paula.McMillan@usdoj.gov. Include in the subject line of the email “RFP
DJD-17-R-0036”.
mailto:Paula.McMillan@usdoj.gov
SOLICITATION NUMBER DJD-17-R-0036
CLIN DESCRIPTION QTY UNIT RATE TOTAL AMOUNT
BASE PERIOD - 09/30/17 - 09/29/18
1 Field Engineer - Texas 12 MO $_______________ $_________________ 2 Extended Warranty - Texas 12 MO $_______________ $_________________ 3 Maintenance - Texas 12 MO $_______________ $_________________ 4 Field Engineer - New Mexico 12 MO $_______________ $_________________ 5 Extended Warranty - New Mexico 12 MO $_______________ $_________________ 6 Maintenance - New Mexico 12 MO $_______________ $_________________ 7 Field Engineer - Arizona 12 MO $_______________ $_________________ 8 Extended Warranty - Arizona 12 MO $_______________ $_________________ 9 Maintenance - Arizona 12 MO $_______________ $_________________
10 Field Engineer - California 12 MO $_______________ $_________________ 11 Extended Warranty - Californiz 12 MO $_______________ $_________________ 12 Fuel - California 12 MO $_______________ $_________________ 13 Maintenance - California 12 MO $_______________ $_________________ 14 Estimated Mileage 12 MO $_______________ $_________________ 15 Misc Repairs Not Covered By Warranty 1 MO $_______________ $_________________
Base Period Total $_________________
OPTION PERIOD I - 09/30/18 - 09/29/19
1001 Field Engineer - Texas 12 MO $_______________ $_________________ 1002 Extended Warranty - Texas 12 MO $_______________ $_________________ 1003 Maintenance - Texas 12 MO $_______________ $_________________ 1004 Field Engineer - New Mexico 12 MO $_______________ $_________________ 1005 Extended Warranty - New Mexico 12 MO $_______________ $_________________ 1006 Maintenance - New Mexico 12 MO $_______________ $_________________ 1007 Field Engineer - Arizona 12 MO $_______________ $_________________ 1008 Extended Warranty - Arizona 12 MO $_______________ $_________________ 1009 Maintenance - Arizona 12 MO $_______________ $_________________ 1010 Field Engineer - California 12 MO $_______________ $_________________ 1011 Extended Warranty - Californiz 12 MO $_______________ $_________________ 1012 Fuel - California 12 MO $_______________ $_________________ 1013 Maintenance - California 12 MO $_______________ $_________________ 1014 Estimated Mileage 12 MO $_______________ $_________________ 1015 Misc Repairs Not Covered By Warranty 1 MO $_______________ $_________________
Option Period I Total $_________________
OPTION PERIOD II - 09/30/19 - 09/29/20
2001 Field Engineer - Texas 12 MO $_______________ $_________________ 2002 Extended Warranty - Texas 12 MO $_______________ $_________________ 2003 Maintenance - Texas 12 MO $_______________ $_________________ 2004 Field Engineer - New Mexico 12 MO $_______________ $_________________ 2005 Extended Warranty - New Mexico 12 MO $_______________ $_________________ 2006 Maintenance - New Mexico 12 MO $_______________ $_________________ 2007 Field Engineer - Arizona 12 MO $_______________ $_________________ 2008 Extended Warranty - Arizona 12 MO $_______________ $_________________ 2009 Maintenance - Arizona 12 MO $_______________ $_________________ 2010 Field Engineer - California 12 MO $_______________ $_________________ 2011 Extended Warranty - Californiz 12 MO $_______________ $_________________ 2012 Fuel - California 12 MO $_______________ $_________________ 2013 Maintenance - California 12 MO $_______________ $_________________ 2014 Estimated Mileage 12 MO $_______________ $_________________ 2015 Misc Repairs Not Covered By Warranty 1 LT $_______________ $_________________
Option Period II Total $_________________ Page 2
OPTION PERIOD III - 09/30/20 - 09/29/21
3001 Field Engineer - Texas 12 MO $_______________ $_________________ 3002 Extended Warranty - Texas 12 MO $_______________ $_________________ 3003 Maintenance - Texas 12 MO $_______________ $_________________ 3004 Field Engineer - New Mexico 12 MO $_______________ $_________________ 3005 Extended Warranty - New Mexico 12 MO $_______________ $_________________ 3006 Maintenance - New Mexico 12 MO $_______________ $_________________ 3007 Field Engineer - Arizona 12 MO $_______________ $_________________ 3008 Extended Warranty - Arizona 12 MO $_______________ $_________________ 3009 Maintenance - Arizona 12 MO $_______________ $_________________ 3010 Field Engineer - California 12 MO $_______________ $_________________ 3011 Extended Warranty - Californiz 12 MO $_______________ $_________________ 3012 Fuel - California 12 MO $_______________ $_________________ 3013 Maintenance - California 12 MO $_______________ $_________________ 3014 Estimated Mileage 12 MO $_______________ $_________________ 3015 Misc Repairs Not Covered By Warranty 1 LT $_______________ $_________________
Option Period III Total $_________________
OPTION PERIOD IV - 09/30/21 - 09/29/22
4001 Field Engineer - Texas 12 MO $_______________ $_________________ 4002 Extended Warranty - Texas 12 MO $_______________ $_________________ 4003 Maintenance - Texas 12 MO $_______________ $_________________ 4004 Field Engineer - New Mexico 12 MO $_______________ $_________________ 4005 Extended Warranty - New Mexico 12 MO $_______________ $_________________ 4006 Maintenance - New Mexico 12 MO $_______________ $_________________ 4007 Field Engineer - Arizona 12 MO $_______________ $_________________ 4008 Extended Warranty - Arizona 12 MO $_______________ $_________________ 4009 Maintenance - Arizona 12 MO $_______________ $_________________ 4010 Field Engineer - California 12 MO $_______________ $_________________ 4011 Extended Warranty - Californiz 12 MO $_______________ $_________________ 4012 Fuel - California 12 MO $_______________ $_________________ 4013 Maintenance - California 12 MO $_______________ $_________________ 4014 Estimated Mileage 12 MO $_______________ $_________________ 4015 Misc Repairs Not Covered By Warranty 1 LT $_______________ $_________________
Option Period IV Total $_________________
Grand Total (Base + Options I, II, III, IV) $_________________
DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS
Updated through FAC 2005-95 (1/19/2017)
Solicitation #: DJD-17-R-0036
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 address:
https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html#wp372482.
(End of provision)
CONTRACTING OFFICER: Check the corresponding box for the provisions and clauses applicable to this procurement.
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2016) WITH ALTERNATE I (JUL 2013)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)
52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
(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:
Past Performance, Technical Capability, Price
[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 12.301(c)]
Technical and past performance when combined, are more important than price [Contracting Officer state, in accordance with FAR 12.602]
(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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017)
Note: Effective 2/26/2016, this provision was revised to incorporate a new paragraph (q) entitled “Representation by Corporation Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.” Any offeror whose annual representations and certifications posted in the System for Award Management does not include the FEB 2016 or later version of provision 52.212-3 must either
(a) Update its annual representations and certifications with the FEB 2016 or later version of provision 52.212-3, or
(b) Complete paragraph (b)(2) and provide this representation with its offer.
Attention is drawn to paragraph (b) of provision 52.212-3, which requests offeror-provided fill-in information in (b)(2), when applicable:
(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.
https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html#wp372482 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137830 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137830 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_200_206.html#wp1152012 http://acquisition.gov/far/current/html/52_207_211.html#wp1144964 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1148667 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1143854 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179178 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084408 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_6.html#wp1088491 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194
Solicitation #: DJD-17-R-0036
(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 (u) 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.]
***Paragraph (i) contracting officer fill-in information***
Note: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows:
[when applicable, enter item numbers with country of origin in parentheses and separated by commas]
***Paragraph (k) contracting officer fill-in information***
Contracting officer — select applicable item when an exemption to the Service Contract Labor Standards statute applies.
Paragraph k(1) is applicable. Paragraph k(2) is applicable.
52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015)
52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) (OCT 2016)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)
52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (FEB 2016)
52.233-2 SERVICE OF PROTEST (SEPT 2006)
Drug Enforcement Administration/8701 Morrissette Drive, Springfield, VA 22152/ Attn: John C. Girard-FACN
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
DEA-2852.209-75 NATIONAL SECURITY RISK ASSESSMENT (JUN 2014)
(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.
(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.
(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation. Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.
(d) Offerors are also required to request, collect, and forward with its offer or quotation completed National Security Acquisition Risk Assessment Questions from all subcontractors that will provide any equipment or software in performance of the contract or order. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.
(e) Failure to provide any such requested information may render a proposal unacceptable.
http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163537 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1169137 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169222 http://acquisition.gov/far/current/html/52_233_240.html#wp1113323 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084
SOLICITATION #: DJD-17-R-0036
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 address:
https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html#wp372482.
(End of clause)
CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)
52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)
52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017) WITH ALTERNATE I (JAN 2017)
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 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) (Executive Order 13658).
(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) (Pub. L. 110-252, Title VI, Chapter 1 (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).
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(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 (Jul 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]
(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.
(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 (Nov 2011) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages—Subcontracting 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. 657 f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec 2015) (15 U.S.C. 637(m)).
(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(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).
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(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb…
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