RFQ__FA3016-18-U-0382__Hoylu_Huddlewall_System_or_Equivalent.pdf

Request for Quote No.: FA3016-18-U-0382

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 separate Request for Proposal

(RFP) will not be issued. The solicitation number is FA3016-18-U-0382 and is issued as a Request for Quotation

(RFQ). This combined synopsis/solicitation incorporates provisions and clauses are those in effect through Federal

Acquisition Circular 2005-100 and DFARS change notice 20180824. This purchase is restricted to Small Business concerns. This NAICS code is 334310 and the size standard is 750 employees. This is a requirement for Hoylu products or equivalent, as indicate below.

Hoylu Huddlewall System

BRAND NAME or EQUIVALENT

SCHEDULE OF SUPPLIES/SERVICES:

CLIN DESCRIPTION

QTY Unit Unit Price Extended

Amount

P/N: HB0001-03

Hoylu Huddlewall Complete-3 Panel Edgeblend

-with Qty 3 P/N DW763USTZ Vivitek Projectors or Optoma P/N ZH400UST

*Please refer to 52.212-1 and 52.212-2

12 EA $____________ $_____________

0002 P/N: LG 4K

LCD 4K/UHD Touch Screen Display

-Pre-installed with P/N: HSS-DED-01-01 Hoylu

Software Suite-Device Edition

12 EA $____________ $_____________

P/N: HIS-Personal

Hoylu Inspiration Suite Software-Personal

Edition License

400 EA $____________ $_____________

Hoylu Huddlewall (or Equivalent) Onboarding

Training

IAW Statement of Work

02 EA $____________ $_____________

Installation-Includes all Labor, Materials, Tools, Equipment to ensure a fully functional system

IAW Statement of Work

01 EA $____________ $_____________

TOTAL COST $___________

Please provide the information below:

FOB Destination Shipping Cost Included? Yes No

Payment Terms: _________________________ Delivery Date: ______________________

Company Name: _________________________ DUNS #______________________________

Cage Code: __________________________

POC: __________________________________ Telephone #__________________________

E-Mail Address: _________________________ Tax ID#: ____________________________

Warranty Information:____________________________________________________

Do you have capacity to invoice electronically through WAWF?(Yes/No)___________

SPECIAL NOTES AND INSTRUCTIONS:

1. Notice to Offeror. Awaiting funds. Funds are not presently available for this requirement. No award will be made until funds are available to make payments under a contract. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

2. The following FAR/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to www.arnet.gov or http://farsite.hill.af.mil.)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

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

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 http://www.arnet.gov/ http://farsite.hill.af.mil/

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-6 Brand Name or Equal AUG 1999

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0013)

APR 2018

52.212-2 Evaluation- Commercial Items OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018

52.222-26 Equal Opportunity SEP 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-18 Place of Manufacture MAR 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.219-7004 Small Business Subcontracting Plan (Test Program) APR 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

Addendum to 52.212-1(b), Submission of offers, deleted and replaced with paragraph (b) below.

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.

(b) Proposal Preparation Instructions.

(1) Throughout this solicitation, the term “Quoters” includes prime contractors, subcontractors, teammates and/or joint venture partners. To assure timely and equitable evaluation of quotes, Quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Quoter may be ineligible for award if Quoter submits an incomplete package, fails to meet a requirement of the solicitation, and/or takes exception to any provision in the solicitation. The quoter shall acknowledge all of the amendments issued to this solicitation. All documents submitted in response to this RFQ must be fully compliant, responsive and consistent with the requirements of the RFQ. The quote in response to this solicitation shall consist of two (2) separate Volumes:

(A) Volume I - Contracting & Pricing

(B) Volume II – Technical

Solicitation Questions. Solicitation information and amendments will be posted to the Federal Business

Opportunities (FBO) website at http://www.fbo.gov. Quoters shall submit questions in writing requesting clarification of the solicitation to the procuring Contract Specialist, Katherine Zabawa, via email at katherine.zabawa@us.af.mil and courtesy copy the Contracting Officer, Mrs. Heather Sorensen, at heather.sorensen@us.af.mil.

Notice to Quoters. The Government reserves the right to cancel this RFQ, either before or after the closing date.

In the event the Government cancels this RFQ, the Government has no obligation to reimburse an Quoter for any incurred costs.

(2) INFORMATION REGARDING SUBMISSION REQUIREMENTS. Documents submitted in response to this solicitation must comply with requirements of the solicitation and Statement of Work (SOW).

To be considered, the complete quote must be received not later than the 18 Sep 2018, Sunday at 6:30 P.M.

Central via emailing Katherine.Zabawa@us.af.mil and Heather.Sorensen@us.af.mil.

Late quotes will be processed in accordance with FAR 52.212-1(f). All proposals must be in English. MAILED

AND FAXED QUOTES WILL NOT BE CONSIDERED.

(3) PROPOSAL FORMAT.

(A) Guidance. This section provides general guidance for preparing proposals in regards to the format and content of the proposal.

1. Each volume shall be complete in itself (independent).

2. The Quote’s proposal must include all data and information requested and must be submitted in accordance with these instructions.

3. All the requirements and salient characteristics specified are mandatory.

4. Quoters are representing that your firm will perform all the requirements specified in the solicitation by submitting your quote.

5. The quote shall comply with the requirements as stated in the solicitation.

mailto:Heather.Sorensen@us.af.mi

6. Elaborate brochures and documentation, binding, detailed artwork, or other embellishments not relevant to this specific requirement are unnecessary and are NOT desired.

7. Quoters are cautioned not to include any cost/pricing information in the Technical Volume.

8. These instructions are intended to elicit brief and specific responses.

(B) Electronic Copies. (E-Copies)

The electronic copy shall be submitted via email using Microsoft Office 2007® compatible format.

(C) Sufficient Detail.

1. The quote shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims.

2. The quote should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Quoters intends to meet the requirements; and, if quoting an Equivalent item, Quoters shall clearly explain how equivalent item meets all Salient

Characteristics identified above.

3. Quoters(s) shall assume that the Government has no prior knowledge of their capabilities and experience, and will base its evaluation solely on the information presented in the quote submitted via email.

4. However, simply stating that the Quoter understands and intends to comply with this effort or paraphrasing statements in the solicitation is inadequate and may render the quote as ineligible for award.

(D) Page Format.

1. Page Format Restrictions.

(a) Pages shall be formatted to 8.5 x 11 inches.

(b) Text pages shall be portrait oriented. Graphics and tables may be landscape oriented if required to properly present the information.

(c) Pages shall be typed with single line spacing.

(d) No condensed fonts allowed. Times New Roman, Arial, or similar font preferred. The font size shall be no less than 11-point with normal proportional spacing.

(e) Tables, charts and graphs shall be no smaller than 10-point Times New Roman, or similar font.

2. Page Limitations.

(a) Page limitations shall be treated as maximums.

(b) A page is defined as each face of an 8.5 x 11-inch sheet of paper containing information.

(c) If page limits are exceeded, the excess pages will not be read or considered in the evaluation of the proposal.

(d) The maximum number of pages for each volume is listed below. Price information shall be limited to Volume I. Excess pages will not be evaluated, but will be retained in the file. See table below for specific number of copies required and pages limitations for each of the

Volumes:

TITLE NUMBER OF COPIES MAXIMUM

NUMBER OF

PAGES

Volume I.

Contracting & Pricing

One Original copy via email to individuals identified in paragraph (b)(2) above.

No page limitation

Volume II.

Technical

One Original copy via email to individuals identified in paragraph (b)(2) above.

Limit to no more than 10 pages total

(F) Pages Counted. Each page shall be counted except the following.

1. Cover pages

2. Table of contents

3. List of figures

4. Glossaries

5. Tabs

6. Dividers

7. Blank pages

8. Candidate resumes and certifications

(G) Tables, Charts, Graphs, and Figures. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc.

These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. For graphics, exhibits and figures, text shall be no smaller than Times New Roman 10-point font or similar font. Text within tables shall be no smaller than Times New Roman or Arial 10-point font.

(4) SPECIFIC PROPOSAL INSTRUCTIONS. To assure timely and equitable evaluation of the quote, the

Quoter must follow the instructions contained herein. The quote must be complete, stand-alone, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate volumes:

- Volume I – Contracting & Pricing

- Volume II – Technical

(A) VOLUME I – CONTRACTING & PRICING. The quote shall include a full and complete response to the solicitation and to any issued amendments. Quoter shall complete all contract clause fill-ins, if applicable.

1. Instructions. The Contracting Officer (CO) has determined there is a high probability of price competition in this acquisition. Upon examination of the initial quotes, the CO will review this determination and if, in the CO’s opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists Quoters may be required to submit other than certified cost or pricing data to the extent necessary for the CO to determine price reasonableness.

2. Schedule of Supplies/Services. The Quoter shall complete the Schedule of Supplies/Services of the

RFQ and submit within Volume I. A unit price shall be quoted and inserted for each Firm Fixed

Price (FFP) Contract Line Item Number (CLIN) noted in the Schedule of Supplies/Services section and shall be rounded up to two decimal places. The extended amount shall equal the unit price multiplied by the number/quantity of units. The quoted prices shall be based on the Quoter’s own approach and the Government’s Statement of Work (SOW) requirements as set forth herein.

Quoters who change the quantities stated in the solicitation may render the quote ineligible for award unless clearly explained for equivalent systems quoted.

For Volume I, the Quoter shall submit only pricing information that will be evaluated for award or become part of the resulting contract. Supply costs and associated General and Administrative

(G&A) cost plus profit or fee, should be included in the unit prices listed in the Schedule of

Supplies/Services of the RFQ. Each Quoter shall submit a contracting and pricing volume IAW the format below.

Section 1: Solicitation. A full response to the RFQ and requirements herein. In doing so, the

Quoter accedes to the contract terms and conditions as written in the solicitation with attachments in which the Government may accept. In the event that any amendments to the solicitation are issued, Quoter shall be responsive to each amendment and a concurrence with each amendment should be identified before the solicitation in order starting with the most recent amendment issued.

Section 2: Representations and Certifications. Complete the necessary fill-ins, certifications, and provisions. The Quoter shall complete only paragraph (b) of the provision FAR 52.212-3 if the

Quoter has completed the annual representations and certification electronically via the System for

Award Management (SAM) Web site. If the Quoter has not completed the annual representations and certifications electronically, the Quoter shall complete only paragraphs (c) through (p) of the provision FAR 52.212-3 and return it along with the quote.

Section 3: Complete the necessary fill-in for all provisions in the solicitation. Failure to complete the required fill-ins for all provisions in the solicitation will render the proposal ineligible for award in the absence of exchanges. In accordance with DFARS 252.211-7003 Item Identification and

Valuation, provide a separate proposed list of equipment with a unit price of $5,000 or more requiring a unique item identifier.

Section 4: Financial Disclosure Release Statement. A release statement authorizing the

Government to request information from current financial institutions or lenders must be submitted on official letterhead. In addition to this authorization, the Quoter should include the financial institution or lender’s address, and a point of contact including email and phone number to be contacted with the authorization.

(B) VOLUME II - TECHNICAL PROPOSAL. Each Quoter shall submit a technical volume with its submittal IAW the format below. Quoters are cautioned that the Government will only use data provided by each Quoter in this volume in the technical evaluation. By your quote submission, you are representing that you will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your quote/submittal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

Section 1: Technical Factor. All the requirements specified in the solicitation are mandatory. Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal. The contractor shall address the proposed approach to meeting the minimum performance or capability requirements of each technical factor. The responses will be evaluated against FAR 52.212-2, Evaluation Factors. Marketing presentations are not wanted and will not be evaluated. Hard and compelling evidence of capabilities is required to receive credit for evaluation factors. Legibility, clarity, and coherence are very important. Quoters are strongly encouraged to provide as specifically as possible, the actual methodology to be used for accomplishing and satisfying the following requirements:

(a) Technical Factor 1 - Hoylu Huddle System or Equivalent. The submittal shall provide a detailed explanation to include specifications, manuals, and drawings or sketches to demonstrate a clear description of the proposed system and its capability to meet the below specifications:

1. Ability to connect to commercial Wi-Fi/Bluetooth in each classroom

2. Allow connection for all students in one class for collaboration (average class size is 15-30 students)

3. Cloud Base Solution with Interactive calendar capability

4. Video capability conference with third party apps from anywhere in the world

5. Multi-language software, to include English and Spanish

6. Ability to secure curriculum in a secure cloud

7. Secure session access-controlled by password or similar

8. Compatible with Windows 10, Google and Android

9. Seamless, scalable, interactive board up to 45” (H) X 216” (W)

10. Touch Screen Monitors must be between 65-75” and have etched anti-glare coating

11. Interactive laser projector

Section 2: Milestones. The Quoter shall submit milestone dates to include the number of days for completion from award for each milestone presented.

(End of Addendum)

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

This is a Request For Quote (RFQ) for the acquisition, delivery and turn-key (all software/hardware items required for full functional) installation of all equipment components to a Hoylu Huddle System or equivalent system meeting or exceeding the functionalities of the Hoylu Huddle System. The 502 CONS/JBKAB intends to award a single Firm-

Fixed Price contract.

(a) Basis for Contract Award. The Government intends to award one contract for this competitive Total Small

Business Set-Aside service acquisition. Award will be made to the technically acceptable Quoter with lowest evaluated price who is deemed responsible in accordance with FAR 9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, representations, certifications, and all other information required by this solicitation. Unless specifically identified in your quote, by submission of its quote, the Quoter accedes to all solicitation requirements, including terms and conditions, representations and certifications and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement may result in a quote being determined ineligible for award.

This requirement is being solicited in accordance with the Federal Acquisition Regulation (FAR) Subpart 13.5. It is the Government’s intent to evaluate quotes and award a Firm Fixed Price (FFP) Contract without discussions

(except clarifications as described in FAR 15.306(a)) in which the Government will utilize the Lowest Price

Technically Acceptable (LPTA) source selection procedures; FAR Part 15 evaluations will not be used for this acquisition. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Therefore, the Quoter's initial submittal should contain the Quoter's best terms from a price, and technical standpoint.

(1) Evaluation Process. Quoters will be ranked from lowest to highest based on initial assessment of Total

Evaluated Price (TEP), followed by a full evaluation of technical acceptability of at minimum the lowest three TEP quotes. If the Government receives three (3) or fewer initial quotes, all quotes will be evaluated for Technical Acceptability. A price analysis will be conducted on the lowest priced technically acceptable quote to determine price reasonableness. Award will be made to the lowest TEP quote meeting the technical acceptability standards (contingent contractor’s responsibility determination). As award will be made without discussions, the evaluation factors and process to be used is listed below.

(2) Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government. To arrive at a decision, each quote will be assessed in accordance with the following evaluation factors for the contract:

- Factor 1: Price

- Factor 2: Technical

(A) Price Evaluation. An Quoters’s TEP will be determined by multiplying the quantities identified in the Schedule of Supplies/Services by the proposed unit price for each CLIN. The extended amounts for each CLIN will then be totaled to obtain the estimated total for each quote. The TEP consists of all CLINs.

(B) Technical Evaluation. If the Government receives three (3) or fewer initial quotes, all quotes will be evaluated for Technical Acceptability. If the Government receives three (3) or more initial quotes the Government will only select the three (3) lowest priced quotes and then evaluate them for

Technical Acceptability. The Government reserves the right to evaluate additional quotes for technical acceptability if in the Government’s best interest. If additional quotes are evaluated for technical acceptability they will be selected in the order of total evaluated price.

(C) Acceptability Ratings. The evaluation factors listed below will be evaluated and receive one of the following ratings:

(i) Acceptable – The quote clearly meets the minimum requirements of the solicitation.

(ii) Unacceptable – The quote does not clearly meet the minimum requirements of the solicitation.

(D) Evaluation of Factors. Quoters are advised that their initial submission should be their best effort.

Only technically acceptable quotes, are eligible for award. Quote revisions will not be permitted. The

Government will evaluate the quote selected above for technical acceptability on an

Acceptable/Unacceptable basis. For the technical quote to be rated as “Acceptable”, all technical factors must be rated acceptable. If any technical factor is rated “Unacceptable” the overall quote will be rated as “Unacceptable”.

Technical Factor 1 - Hoylu Huddle System or Equivalent. The submittal shall provide a detailed explanation to include specifications, manuals, and drawings or sketches to demonstrate a clear description of the proposed system and the system’s capability to meet the below specifications:

1. Ability to connect to commercial Wi-Fi/Bluetooth in each classroom

2. Allow connection for all students in one class for collaboration (average class size is 15-30 students)

3. Cloud Base Solution with Interactive calendar capability

4. Video capability conference with third party apps from anywhere in the world

5. Multi-language software, to include English and Spanish

6. Ability to secure curriculum in a secure cloud

7. Secure session access-controlled by password or similar

8. Compatible with Windows 10, Google and Android

9. Seamless, scalable, interactive board up to 45” (H) X 216” (W)

10. Touch Screen Monitors must be between 65-75” and have etched anti-glare coating

11. Interactive laser projector

The Standard Has Been Met when:

The quote clearly demonstrates in adequate detail the specifications, features, and compliance with

Hoylu Huddle System or equivalent system to include the features of the proposed system. This shall include specifications, manuals, drawings or sketches.

(3) Reasonableness. The Government will conduct a price analysis on the lowest priced technically acceptable quote using one or more of the techniques defined in FAR 13.106-3(a), to determine if it is reasonable as indicated by the application of price analysis techniques.

(End of Addendum)

ADDENDUM to 52.212-4(c)

(c) Changes. Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.

(End of Addenda)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV

2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) 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 https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.sam.gov/portal 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 the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

51 percent of the stock of which is owned by one or more women; and

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last

12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at

(c) through (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.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

https://www.acquisition.gov/

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

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

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts

60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American 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. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.