FCC14R0012Amendment4.081414.pdf

FCC14R0012 Amendment 4

Section B

The flush text in Section B is removed and replaced with the following, which introduces a third paragraph:

B Pricing (Amend. 4)

Section B, contract line items / CLINs / pricing: Each price shall correlate to the line items presented in section B.

Offerors shall separately state the cost to providing to FCC (and any successor contractor or entity serving as the VATRP Administrator) software and other data, including the use of source code, that is needed for the effective design, building, use, operation and maintenance (O&M), and ongoing improvement of the VATRP. Licensing fees, if any, shall be detailed and separately broken out.

Reasonable costs for travel will only be reimbursed with prior approval from the CO or COR. If travel is approved by the CO or COR, the travel will be authorized and billed in accordance with the Federal Travel Regulation. Travel shall be invoiced as other direct costs and separate from the contracted services.

The Quantity of “12.000000” in CLIN 0003 is hereby deleted. As stated in the Description for CLIN 0003, the quantity will depend upon the time of acceptance of the Contractor’s work under CLIN 0002 but will not exceed 12 months.

Section I

Immediately following section H.11, the following is added:

Section I – Continuation Sheet

FAR 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: http://www.acquisition.gov.

(End of clause)

The list of clauses incorporated by reference in section I is amended by adding the following clauses:

52.204-14 Service Contract Reporting Requirements (Jan 2014)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The list of clauses incorporated by reference in section I is amended by revising the dates of the following clauses to incorporate recently adopted versions of these clauses that are now effective:

52.222-35 Equal Opportunity for Veterans (Jul 2014)

52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Jul 2014) http://www.acquisition.gov/

The text of paragraph (a) of the FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) clause is removed and replaced with the following to clarify the time periods for written notices:

(a) The Government may extend the term of this contract by written notice to the Contractor at least 7 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

Section L

Section L.1.1 as originally issued is removed and replaced with the following revised section L.1.1. The revised section makes certain revisions of an editorial nature and includes substantive revision of the concluding paragraph concerning alternate proposals.

L.1.1 Generally (Amend. 4)

It is the Offeror’s responsibility to ensure the completeness of its proposal. The evaluation of proposals will be conducted on the basis of the information contained in the proposal and other sources disclosed in this solicitation. The Government will not assume that an Offeror possesses any capabilities not specified in its proposal, except as ascertained from information received under processes dis-closed in this document.

Offerors that fail to provide in their initial proposal all information required by this RFP may not be further considered, especially if the Contracting Officer determines that substantial revisions or additions to the Offeror’s proposal would be required to permit initial evaluation or if the incompleteness of the proposal appears to be due to a lack of diligence or competence of the Offeror.

Please note that Federal Communications Commission (FCC or Commission) will not evaluate and will reject proposals in response to this RFP that are submitted by current FCC-certified TRS providers or their subcontractors, current employees of TRS providers or subcontractors, and companies that provide staff or other human resources to TRS providers. Pursuant to 47 C.F.R. § 64.623, in order to perform as a contractor or subcontractor under the contract that results from this RFP, you: (1) must be a non-governmental entity that is impartial and is not an affiliate of any Internet-based TRS provider; [1] (2) may not, nor may any of your affiliates, issue a majority of your debt to, nor derive a majority of revenues from, any Internet-based TRS provider.[2] Notwithstanding meeting the neutrality criteria set forth in (1) and (2) above, you or your affiliate may nevertheless be determined by the Commission to be subject to undue influence by parties with a vested interest in the outcome of TRS-related activities and precluded from participating in this procurement.

[1] The statutory definition of “affiliate” is found in section 3 of the Communications Act of 1934 (the “Act”). See 47 U.S.C. § 153(1) (defining “affiliate”). For purposes of this RFP, we elaborate on that definition as follows, as it has been construed in other telecommunications administrator contexts:

“Affiliate” is a person who controls, is controlled by, or is under the direct or indirect common control of another person. A person shall be deemed to control another if such person possesses, directly or indirectly, (1) an equity interest by stock, partnership (general or limited) interest, joint venture participation, or member interest in the other person ten per-cent (10%) or more of the total outstanding equity interests in the other person; or (2) the power to vote ten per-cent (10%) or more of the securities (by stock, partnership (general or limited) interest, joint venture participation, or member interest) having ordinary voting power for the election of directors, general partner, or management of such other person; or (3) the power to direct or cause the direction of the management and policies of such other person, whether through the ownership of or right to vote voting rights attributable to the stock, partnership (general or limited) interest, joint venture participation, or member interest of such other person, by contract (including but not limited to stockholder agreement partnership (general or limited) agreement, joint venture agreement, or operating agreement, or otherwise. See 47 C.F.R. § 52.12(a)(1)(i); see also NRO First Report and Order, 15 FCC Rcd at 7642, ¶ 154 n. 354 (2000);

Administration of the North American Numbering Plan Toll Free Service Access Codes, Third Report and Order, CC Docket Nos. 92-237, 95-155, 12 FCC Rcd 23040, 23076, ¶ 69 (1997) (NANP Administration Third Report and Order).

[2] “Majority” means greater than 50%, and “debt” means stock, bonds, securities, notes, loans, or any other instrument of indebtedness. See 47 C.F.R. § 52.12(a)(1)(ii); NRO First Report and Order, 15 FCC Rcd at 7643, ¶ 154 n. 356; NANP Administration Third Report and Order, 12 FCC Rcd at 23076, ¶ 69.

The RFPs for the NCP platform and VATRP platform shall be issued separately. However, in the event that the same vendor is awarded the resulting contracts for both of these RFPs, the FCC reserves the right to issue one (1) contract for both RFPs [with two (2) independent platforms or one (1) single platform] or issue two (2) separate contracts and place the administration / maintenance of both the NCP and VATRP platforms on one (1) of the two (2) contracts.

Where standards referenced in the Statement of Objectives have been superseded, updated, or made obsolete by newer versions prior to the date set for receipt of proposals, for purposes of formulating its proposal, an Offeror shall assume that this statement of objectives calls for the updated standard.

Alternate Proposals: Offerors shall provide a proposal that meets the written solicitation requirements.

Offerors may provide one or more alternate proposals in accordance with FAR clause 52.215-1 Alternate II (only after providing a proposal that meets all written requirements). However, the FCC does not solicit, will not evaluate, and will not make an award based on an alternate proposal in response to this RFP that incorporates proposals for, or otherwise seeks to satisfy the requirements of, the NCP and/or iTRS-URD.

Section L.1.4 as originally issued is removed and replaced with the following revised section L.1.4. The revised section makes certain substantive revisions.

L.1.4 Volume I (Amend. 4)

Volume I shall be composed of six (6) Parts as listed and described below. The Offeror shall not include any price or cost data in Volume I of its proposal. Volume I shall demonstrate the Offeror’s understanding of the requirements and shall demonstrate the Offeror’s approach to meeting those requirements. Offerors shall provide a matrix that cross-indexes their Volume I proposal contents to relevant provisions in Attachment A, and §§ L and M.

Section L.1.4.2 as originally issued is removed and replaced with the following revised section L.1.4.2.

The revised section eliminates the reference to, and treatment of ACD functionality.

L.1.4.2 Part 1.B – Platform / System Architecture. (Amend. 4)

In this Part, the Offeror shall describe its platform / system architecture and detail its technical vision for meeting the requirements and objectives outlined in the Statement of Objectives (SOO). It should include major system components, their interfaces, sample record formats and transaction scenarios (including any associated operational procedures for validation and confirmation), security design aspects and standards-conformance considerations. It should describe specific details of hosting site plans and communications connections.

The diagrams submitted under this part will count against the overall 200 page limit. In this Part, the Offeror shall:

• System monitoring: Describe how system operations are monitored and how technical personnel are alerted to system performance degradation, system failures, or other problems.

• Privacy and security: Describe how it will implement the requirement that the VATRP has sufficient safe-guards to maintain the proprietary or personal nature of the information in its possession and shall protect such information from theft, loss, or misuse.

• Security protocols: Address the necessary security measures it will employ with respect to system updates, intrusion detection, access controls and other operational practices.

• Data center: Identify the certified TIA-942[1] data center it proposes to use to host VATRP services.

• Backwards compatibility: Specify with which existing and historic VRS access technologies the

VATRP shall be compatible and, where applicable, what subset of functionality may not be supported for specific devices (e.g. videomail). See Attachment A § 5.4.

• Codecs: Identify the codecs it proposes to support with the VATRP.

• Call Handling Performance: Explain how call handling performance is measured, how the capability can be increased or decreased to match service needs, how the VATRP will actively monitor and report call handling performance of the platform, and how the Offeror will track this metric and report this metric to the FCC COR.

• System configuration: Identify how the system configuration information shall be stored, managed and made available to VRS access technologies. Please note that, some configuration information may be stored out-side the VATRP. For example, the emergency call location may be stored and retrieved from the TRS-URD.

• Product: Propose a schedule / timeline for the VATRP to reach the full functionality [i.e., to meet or exceed the requirements in Section 4 (of the SOO)]. Please also factor in the monthly demonstrations listed in Section 6.1.8 (of the SOO) into the schedule.

• Section 508: Describe its approach to compliance with § 4.2.21 of the SOO, including any requested exceptions.

• Customization: Indicate if the VATRP is “skinnable” and which aspects of the user interface can be changed without modifying the source code.

• Developer support: Describe the nature, mode and operation of developer support.

• IP Relay and IP CTS support: Describe how it will provide technical support if the Commission decides to implement optional IP Relay and IP CTS functionality.

[1] TIA-942. Telecommunications Infrastructure Standard for Data Centers.

Section L.1.4.5.1 as originally issued is removed and replaced with the following revised section L.1.4.5.1. The revised section makes certain substantive revisions to L.1.4.5.1.

L.1.4.5.1 (Amend. 2) The draft Program Management Plan shall address the specific tasks and constituent projects to be taken to accomplish the requirements and objectives outlined in the SOO. The draft shall address the management of the program, including management for each of the outlined tasks, a timetable for completion of task, the specific procedural steps that will be performed in completing the assignment, the dependencies of all required tasks, responsibilities for coordination or action, a work breakdown structure showing all Contractor and Government tasks, and a schedule for progress reviews. Offerors shall propose in the plan the phases of implementation. If the contractor cannot meet the timelines specified in L.1.4.5.1. (A-E), they must include the specific dates they can meet and the detailed technical explanation of why they can’t meet the minimum timelines below. Among other things, the plan must address the following phases, the timeline for each, the matters pertinent to the phase, and the means by which activities in each phase will be accomplished:

A. Software and System Design Phase: The Contractor shall provide a finalized software and systems design plan (to include development). This phase should be completed no later than (NLT) 45 days after contract award. The Contractor shall provide a finalized software design plan no later than (NLT) 45 days after contract award.

B. Alpha Delivery: The Contractor shall implement the software and provide a software demonstration to the Government NLT 90 days after contract award, showing the core features of video call setup and registration.

C. Beta Delivery: The Contractor shall deliver a software beta version suitable for user and provider testing NLT 150 after contract award.

D. Beta Test Period: The Contractor shall solicit input from the user community and implement changes during a beta test period commencing NLT 150 days after contract award and lasting 60 days.

The duration of the beta period may be shortened or extended by agreement between the Contractor and Government.

E. General Availability: The Contractor shall fully release the system to VRS users (to include Initial Operational Capability and Full Operational Capability) NLT 30 days after the end of the beta test period.

F. Revised Version: NLT 120 days of general availability, the Contractor shall provide a revised version of the software that incorporates user and provider experience.

The following new sections concerning Oral Presentations, VATRP Software Application Demonstrations, and Question and Answer Session are added to Section L after Section L.1.5.

L.1.6. Oral Presentations (Amend. 4)

a. Oral presentations will be held at FCC Headquarters building. The Contracting Officer, or a representative, will schedule the oral presentations after receipt of the written proposals. Offerors will be notified of the exact date, location, and time for oral presentations. The Government will randomly select offerors to determine the order in which offerors will present.

b. Presentations by the offeror are to be made in person. Offerors may not furnish videotapes or other forms of media in lieu of an on-site presentation. The Government will document, and reserves the right to record (video and/or audio), these presentations for source selection evaluation purposes. The Government documentation of the on-site presentation, including any recording, will be reviewed by any member of the evaluation team that cannot be present and will be consulted for use in the evaluation. Offerors will be given one (1) hour to make its presentation to the Government. Offerors shall give an overview of their entire written proposal and then focus the remaining time on significant aspects of their proposed VATRP software application (from written proposal). Offerors shall not address price in their oral presentation. Oral presentations are intended to be straightforward and not costly for the offeror to prepare; the FCC does not intend for offerors to create elaborate or costly oral presentations.

c. Offeror personnel making the presentation must be those identified in the offeror's proposal as key personnel, but may also include other offeror personnel who are expected to devote substantial time to, and make key decisions concerning contract performance, as well as senior management. It is important to the Government that the individuals responsible for performance of this contract are the ones that present at the oral presentations. The program manager that would be responsible for delivery of the solution is to be present and identified as the program manager. No more than ten (10) offeror personnel are allowed to attend each presentation.

d. The Government will provide a meeting room for oral presentation and standard audiovisual equipment including a video projector, projection screen, and podium. Detailed information about the equipment available in the meeting room will be provided to each offeror with the notification of the date, location, and time for its oral presentation. The Government will also provide access to a telephone, fax machine, and copier. Offerors will be responsible for providing any other specialized equipment or supplies they may require.

e. Information discussed in the oral presentations shall be consistent with the offeror’s written proposal; an offeror may not make any changes to its written proposal during the oral presentation.

Any information discussed can be taken into account in evaluation of factors and subfactors identified in section M.

f. The one hour oral presentation shall be followed by a short 15 minute break and then a one hour VATRP software application demonstration (see section L.1.7). Questions on the oral presentation will be reserved for the question and answer session that follows the application demonstration.

L.1.7. VATRP Software Application Demonstrations (Amend. 4)

a. Offerors will be required to demonstrate their proposed VATRP software solution; demonstrate a proof of concept (Open Source / COTS / Software Application). The Government shall schedule an offeror’s one (1) hour demonstration for the same day as its oral presentation. Offerors will demonstrate their VATRP software solutions to members of the Source Selection Evaluation Team and other government representatives.

b. VATRP Software Application Demonstrations by the offeror are to be made in person. The Government will document, and reserves the right to record (video and/or audio), these demonstrations for source selection evaluation purposes. The Government documentation of the on-site demonstration, including any recording, will be reviewed by any member of the evaluation team that cannot be present and will be consulted for use in the evaluation. Offerors will be given one (1) hour to make its VATRP software application demonstration to the Government.

L.1.8. Question and Answer Session (Amend. 4)

a. A question and answer period will follow the completion of the demonstration in L.1.7. During the question and answer session, Offerors will be required to respond to any questions from the Government regarding the oral presentation and VATRP software application demonstration. Offerors shall be prepared to answer questions pertaining to their written proposals, oral presentations, and VATRP software application demonstrations, as well as to respond to hypotheticals. The question and answer session shall not commence until such time as the offeror declares the VATRP software application demonstration to be complete, or the one-hour time limit for the demonstration has elapsed, whichever is sooner.

Section L.2. as presented in the original solicitation, and later amended, is removed and replaced with the following new section.

L.2. Proposal Due Date and Time (Amend. 4)

Initial proposals are due by 5:00 PM Washington D.C. Local time on Wednesday August 27, 2014.

Section M

Section M.1.1.2 as presented in the original solicitation, and later amended, is removed and replaced with the following new section, which corrects an error in numbering in the title.

M.1.2 Factor 2 – Price Factor (Amend. 4)

The Government will evaluate the proposed CLIN prices and, if adequate price competition is obtained, analyze price proposals by comparing proposed prices received in response to the solicitation. The proposals will be analyzed to assess their price reasonableness and continuity with the contents of the Non-Price Volume (i.e. whether the prices in an Offeror’s proposal are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the various elements of the Offeror’s technical and management proposal).

The Government may also, but need not, evaluate prices by comparison of proposed prices to relevant historical prices for the same or similar items under comparable conditions; applying any relevant parametric estimating methods; or comparing the prices to independent Government cost estimates. In the absence of adequate price competition, the Government may request appropriate data, with or without certification, to establish fair and reasonable prices.

The Government will evaluate the cost to FCC of licensing and providing to FCC and any successor contractor or entity serving as the VATRP Administrator unlimited rights to software or software components not first produced in the performance of this contract that is needed for the effective design, building, use, O&M, and ongoing improvement of the VATRP, including the use of source code within the TRS program.

Section M.2 as presented in the original solicitation is removed and replaced with the following new sections M.2 – M.4. The new sections M.2 and M.3 are intended to further explain the evaluation process in light of the introduction of Oral Presentations and VATRP Application Demonstrations. Section M.4 (formerly section M.2) contains revisions of an editorial nature and clarifies that the awardee must be registered in the SAM database.

M.2. Evaluation of Offers. (Amend. 4)

M.2.1. The Government intends to conduct the source selection in accordance with FAR Part 15. The Government anticipates awarding a contract based on written proposals, after consideration of the Oral Presentations and Application Demonstrations. The Government plans to conduct this source selection evaluation in at least two (2) phases.

M.2.1.1. Phase I: Initial Evaluation. The Government will evaluate initial written proposals in accordance with section M.1. Based on the initial evaluation of each proposal against the evaluation factors, the Government may perform an advisory down-select. Offerors who are not considered most competitive, taking into consideration the initial evaluation of non-price and price factors, may be so notified and given an opportunity to voluntarily withdraw their proposal from further competition.

Being most competitive for these purposes does not necessarily mean having submitted a proposal that is acceptable for award as submitted, but, rather, may include proposals that are most competitive notwithstanding deficiencies that appear to be correctable through discussions. All offerors will be notified of whether their proposals are considered most competitive or not most competitive (or that an advisory down-select has not been made), and must within two days of such notice declare in writing to the Contracting officer via email whether it seeks or does not seek an opportunity to make an Oral Presentation and Application Demonstration. Those Offerors who do not expressly seek an opportunity to make an Oral Presentation and Application Demonstration or who do not advise the Government of an election will no longer be considered for award.

M.2.1.2. Phase II: Oral Presentations and Application Demonstrations.

M.2.1.2.1. Oral Presentations. To be considered for award, Offerors will be required to prepare and present an oral presentation as set forth in Section L.1.6.

M.2.1.2.2. Application Demonstrations. To be considered for award, Offerors will be required to demonstrate their proposed solution /application as described in Section L.1.7.

M.2.1.2.3. During the Oral Presentations or Application Demonstrations, Offerors may be requested to clarify their proposals or engage in oral exchanges appropriate before the establishment of a competitive range, which, where appropriate and necessary, may be later reduced to writing. See FAR 15.306(a)-(b).

M.2.1.3. Phase III: Revised Evaluation

After the conduct of Oral Presentations or Application Demonstrations, the Government will revisit and make any necessary adjustments to its initial evaluation of written proposals under the stated factors and subfactors, taking into consideration information from the Oral Presentations and Application demonstrations that supports, illustrates, or clarifies the written proposals or capabilities and competencies of the Offeror. On the basis of the revised evaluation, the Government will determine whether to award on the basis of initial proposals (as supported by the Oral Presentation and Application Demonstration) or to conduct discussions.

M.2.1.4 Phase IV: Concluding Evaluation (Optional)

Should the Government determine that discussions are necessary or desirable, it will establish a competitive range and conduct discussions with all Offerors remaining in the competitive range.

Thereafter, it shall make a final evaluation of the proposals under the evaluation factors after considering written proposals (as revised) and as supported by the Oral Presentation and Application Demonstration.

M.3 Source Selection (Amend. 4)

The Source Selection Authority will make source selection decision after considering price and non-price evaluation materials and the conclusions and recommendations of the evaluators.

M.4 Basis for Award (Amend. 4)

The Government shall award a single contract to the Offeror that submits an acceptable proposal that is determined to provide the best overall value to the Government. In determining the best value, the non-price evaluation factor is significantly more important than price. A best value analysis will be performed taking into consideration the results of the non-price evaluation (see M.1.1.) and price evaluation (see M.1.2.). This analysis will permit tradeoffs among price and non-price factors and subfactors and may result in the Government accepting other than the lowest priced acceptable proposal or the proposal rated highest under one or more of the non-price subfactors. The perceived benefits of a higher-priced proposal shall merit the additional price. A lower-priced proposal will not be accepted in disregard of the superior non-price attributes of a higher-priced proposal that offers the Government value meriting the additional price. As the Offerors’ non-price merits approach equality, price will become more important in the selection decision. As Offerors’ prices approach equality, non-price merit will become even more important in the selection decision.

The successful offeror shall be actively registered in the SAM database in order to be eligible for award. Registration shall be accomplished via http://www.sam.gov/.

FCC will make a responsibility determination under FAR subpart 9.1 prior to award, based on information in the proposal and other information available to it.

Section I

Include among the clauses incorporated by reference in Section I the following new clauses:

Clause Title 52.217-8 Option to Extend Services (NOV 1999)

The following clauses were previously incorporated in the solicitation (either in full text or be reference).

Those clauses are removed and replaced with the following updated and clarified clauses incorporated by reference:

Clause Title 52.227-14 Rights in Data General (MAY 2014) 52.227-14 ALT I Rights in Data General (MAY 2014)—ALT I (DEC 2007) 52.227-14 ALT II Rights in Data General (MAY 2014) —ALT II (DEC 2007)

(g)(3) Limited Rights Notice, paragraph (a), following colon in second sentence: “Any purpose identified in FAR 27.404-2(c)(1) or authorized or made necessary by this contract or required by regulation.”

52.227-14 ALT

III

Rights in Data General (MAY 2014) —ALT III (DEC 2007)

52.227-14 ALT V Rights in Data General (MAY 2014) —ALT V (DEC 2007) 52.222-49 Service Contract Labor Standards—Place of Performance Unknown (MAY

2014)

(a) second sentence: “District of Columbia, Maryland, and Virginia” third sentence: “1 week before the closing date of the solicitation”

The version of FAR 52.222-42 included in the solicitation as originally issued is removed and replaced with the following updated version:

52.222-42 Statement of Equivalent Rates for Federal Hires.

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits computer operator I $18.92 - Health and Welfare computer operator I $18.92 - Health and Welfare http://uscode.house.gov/ http://uscode.house.gov/ computer operator V $29.05 - Health and Welfare computer programmer $26.36 - Health and Welfare computer systems analyst $26.36 - Health and Welfare engineering technician I $22.92 - Health and Welfare engineering technician II $25.72 - Health and Welfare engineering technician III $28.79 - Health and Welfare engineering technician IV $35.64 - Health and Welfare engineering technician V $43.61 - Health and Welfare engineering technician VI $52.76 - Health and Welfare

The clauses incorporated in full in section I is amended by adding the following clause. (Add FAR Clause 52.211-11, Liquidated Damages—Supplies, Services, or Research and Development):

52.211-11 Liquidated Damages—Supplies, Services, or Research and Development.

Liquidated Damages—Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $20,000.00 per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

Section K

The version of FAR 52.204-8 included in the solicitation as originally issued is removed and replaced with the following updated version of the provision:

52.204-8 Annual Representations and Certifications.

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 517919.

(2) The small business size standard is $25 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137583 https://acquisition.gov/far/current/html/FARTOCP13.html%23wp271421 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137684 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137777 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850 https://acquisition.gov/far/current/html/52_200_206.html%23wp1149919 https://acquisition.gov/far/current/html/52_207_211.html%23wp1144766 https://acquisition.gov/far/current/html/52_207_211.html%23wp1144909

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

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(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR CLAUSE # TITLE DATE CHANGE

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 on SAM.

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