GAO_Dataplatform_RFP.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES

RFP – GAO DATA PLATFORM

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REQUEST FOR PROPOSAL:

GAO DATA PLATFORM

FOR

DEPARTMENT OF COMMERCE (DOC), OFFICE OF

ACQUISITION MANAGEMENT (OAM),

OFFICE OF THE SECRETARY (OAS)

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Table of Contents

1.0 Instructions and Notices for Offerors

1.1 Addenda to 52.212-1, Instructions to Offerors-Commercial

2.0 Communications and Questions

2.1 Solicitation Communications and Questions

2.2 1352.233-70 Agency protests (APR 2010)

2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

3.0 Proposal Organization

3.1 Section 1 Technical Proposal

3.2 Section 2 Past Performance Proposal

3.3 Section 3 Price Proposal

4.0 Evaluation and Award

4.1 52.217-5 Evaluation of options (JUL 1990)

4.2 1352.213-70 Evaluation utilizing simplified acquisition procedures (APR 2010)

5.0 Invoice Requirements

6.0 Solicitation Provisions and Clauses:

6.1 INCORPORATED BY REFERENCE

6.2 CLAUSES INCORPORATED IN FULL TEXT

7.0 Attachments

a. Statement of Work (SOW)

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1.0 Instructions and Notices for Offerors

1.1 Addenda to 52.212-1, Instructions to Offerors-Commercial

This is a Request for Proposal (RFP) for a commercial item using FAR Part 13, Simplified Acquisition Procedures and based on Fair Opportunity. The provision at 52.212-1, Instructions to Offerors— Commercial, applies to this acquisition as supplemented with addenda below in Section 6. This RFP will result in a firm fixed price contract. This proposal is 100% set-aside for small business. The North American Industry Classification System (NAICS) code is 519130 with a small business size standard of 1,000 employees. Proposals shall be submitted in electronic format through beta.SAM.GOV.

Contract Specialist: Aimee Clark aclark@doc.gov 202-482-1558

Contracting Officer: Jon Gofus JGofus@doc.gov 202-482-0962

Questions: 11:00am Eastern Standard Time (EST) on Thursday, May 14th, 2020.

Proposals Due Date: 12:00 pm Eastern Standard Time (EST) on Tuesday, May 19th, 2020.

Proposals shall be valid for 90 calendar days.

Hard copies will not be accepted.

This RFP does not commit the Government to pay for the preparation and submission of a quotation.

In response to this Request for Proposal (RFP), the Offeror shall prepare a detailed proposal for meeting all stated requirements and comply with the following limitations and characteristics:

• Do not include marketing materials

• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)

• Submission shall be provided in electronic format

• Arial size 11 font or Times New Roman 12 font shall be used

• Offers shall be submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, or in text searchable PDF format, as applicable.

• Proposals shall be subdivided into sections as follows: Section 1 Technical Proposal, Section

2 Past Performance Proposal, and Section 3 Price Proposal. A cover letter/page, table of contents, blank page section dividers, and Price Proposal are excluded from this total page count.

o Section 3 of the Proposal has no page limits.

mailto:ajmkram@doc.gov mailto:JGofus@doc.gov

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• Separate electronic files shall be submitted for the Proposal sections as follows:

o One file consisting of both Section 1, Technical Proposal and Section 2, Past Performance Information;

o One file consisting of Section 3, Price Proposal

The government requires all contractors doing business with the government to be registered with the System for Award Management (SAM). For additional information and to register in SAM, a free service, please access the following website: www.sam.gov 1-866-606-8220. In order to register with SAM and to be eligible to receive an award, all offerors must have a Dun & Bradstreet number, which may be acquired free of charge by contacting Dun & Bradstreet online at http://fedgov.dnb.com/webform or by phone at 1-866-705-5711. All offerors must have submitted their Representations and Certifications using the on-line Business Partner Network (BPN) at https://www.sam.gov. The BPN is the single source for vendor data for the federal government. Award will not be made to any contractor that is not registered in SAM.

2.0 Communications and Questions

2.1 Solicitation Communications and Questions

Communications shall be conducted electronically by e-mail to the Contract Specialist with a copy to the Contracting Officer identified in section 1 above. MARK FOR: 1331L520R13OS0010.

The due date for communications and questions concerning this RFP is 11:00am Eastern Standard Time (EST) on Thursday, May 14th, 2020. Questions received after the cut-off date will generally not be considered.

Any information given to one Offeror concerning this requirement will be furnished at the same time to other prospective Offerors, if that information is necessary in submitting offers, or if lack of it would be prejudicial to the other prospective Offeror.

2.2 1352.233-70 Agency protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

U.S. Department of Commerce Office of the Secretary Enterprise Services-Acquisition, Room 6521 ATTN: Jon Gofus 14th and Constitution Avenue, NW

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Washington, D.C. 20230 Email: jgofus@doc.gov

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

U.S. Department of Commerce Office of the Secretary Enterprise Services-Acquisition, Room A257 ATTN: Anthony S. Kram 14th Street and Constitution Avenue, NW Washington, D.C. 20230 Email: AKram@doc.gov

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5099A, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482– 5858.

(End of clause)

2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5099A, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482– 5858.

(End of clause)

3.0 Proposal Organization

Proposal materials will be organized as follows: Section 1 Technical Proposal, Section 2 Past Performance Information, Section 3 Price Proposal. All Sections are to be clearly separated from the other (i.e, page break, blank page divider, etc.,). Each Offeror shall provide all price information only in the Price Proposal. The Technical and Past Performance sections shall not contain any price information.

To be acceptable, the proposal must meet all of the constraints set forth in the Statement of Work.

mailto:AKram@doc.gov

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Submit three (3) electronic files – first (1st) with the technical proposal, second (2nd) with past performance proposal, third (3rd) with the price proposal.

3.1 Section 1 Technical Proposal

This volume addresses the technical aspects of the requirement. This section shall not exceed 15 pages.

It shall indicate the firm’s capabilities and the means used to satisfy the requirements stated in the attached Statement of Work. The technical proposal the offeror shall address it’s understanding of, and approach towards, and fulfilling the requirements.

The Technical Proposal shall fully discuss how the contract requirements will be met and the means used to accomplish them. Merely repeating contract requirements and stating that they will be accomplished, without discussing how the offeror will accomplish them, is not acceptable.

3.2 Section 2 Past Performance Proposal

3.2.1: Past Performance. Offeror shall provide a minimum of three (3) past performance references for contracts completed during the past three (3) years and currently being performed that are similar in nature to the solicitation work scope. Contracts listed may include those entered by the Federal Government, and agencies of State and local Government. Offerors may also submit past performance information regarding predecessor companies and/or key personnel who have relevant experience or that will perform major or critical aspects of the requirement when such information is relevant to the acquisition.

3.2.2 The Quote must include specific contract references and clearly address recent related experience (both Government and non-Government), contracts, subcontracts, and grants. The Quoter shall include the name of the customer, including contracting agency, address, phone number, email address, contract number, type of contract, dollar value, date of contract, period of performance, place of performance, and a brief description of contract work scope and responsibilities.

3.2.3 The offeror shall provide documentation outlining relevant past performance with contracts, as a prime which is the same or similar in nature and complexity to the services being procured under this solicitation. Non-Government contracts may be used if Government contracts are not available. Offeror may provide performance information of predecessor companies and key personnel who have relevant experience that will perform major or critical aspects of the requirement when such information is relevant. The documentation shall be submitted in the following format:

• Contract Number, Award Date and Contract type,

• Cost/Price – original awarded AND final (or projected final, if contract is active),

• Delivery Schedule – original AND final (or projected final, if the contract is active),

• Name, telephone number, fax number and e-mail address for the following:

• Contracting Officer (CO)

• Government Technical Representative or COR/COTR

• Identify in specific detail for each contract listed, why or how that effort is considered relevant or similar to the effort required by this solicitation. In determining relevancy, consideration

7 | P a g e should be given to such things as product/service similarity, size and complexity, contract type, contract environment, division of company proposing, and subcontractor interaction,

• A copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror or proposed subcontractor,

• Description of any Termination or Termination proceedings for contracts that required work similar to that required by this solicitation. Detail circumstances leading to Termination proceedings and final outcome.

3.2.4 Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested herein remains with the offeror. Proposals that do not contain the information requested by this section are at risk for rejection or a less than acceptable performance rating by the Government. In the case of an offeror without any relevant past performance history, past performance will be evaluated as “neutral.” A neutral rating is neither an advantage nor disadvantage to the Offeror. Offerors with no past performance may provide the equivalent information on company officials and/or personnel proposed for this action.

All past performance comments received will be taken into account and could affect the overall rating.

The overall past performance evaluation is a subjective decision based on the whole of all data received.

If the past performance information is negative and the contractor has not previously had an opportunity to provide a response to the government evaluation, the contractor will be given an opportunity to provide rebuttal.

3.3 Section 3 Price Proposal

This volume consists of the pricing and business terms associated with the offer to enter into a contract to perform the desired work for the entire period of performance of five years. It includes a completed pricing table using the format provided below. Additionally, it includes all solicitation amendments acknowledged in accordance with the solicitation and any other required administrative information.

The offeror shall submit sufficiently detailed information in the price proposal to permit the Contracting Officer and authorized representatives to evaluate the offer for fairness and reasonability.

CLIN Description Quantity Unit of Issue

Unit Price Amount

0001 Base Year GAO Software Data tool Subscription

1 JB (Job) $_______ $_______

1001 Option Year One GAO Software Data tool Subscription

1 JB (Job) $_______ $_______

2001 Option Year Two GAO Software Data tool Subscription

1 JB (Job) $_______ $_______

3001 Option Year Three GAO Software Data tool Subscription

1 JB (Job) $_______ $_______

4001 Option Year Four GAO Software Data tool Subscription

1 JB (Job) $_______ $_______

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4.0 Evaluation and Award

The Government will award one (1) Firm-Fixed Price contract to the Lowest Priced, Technically Acceptable (LPTA) offeror. Evaluation will be performed in accordance with FAR 52.212-2 Evaluation- Commercial Items (Oct 2014).

4.1 52.217-5 Evaluation of options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

4.2 1352.213-70 Evaluation utilizing simplified acquisition procedures (APR 2010) The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

(1) Technical Approach and Capability. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated.

(2) Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of services, communications between contracting parties, proactive management and customer satisfaction.

a. Past Performance will be determined to be relevant if the performance involves work performed within the past three (3) years that is the same or similar in nature, size, and complexity to the services being procured under this solicitation.

b. The Government reserves the right to assess the past performance of proposed subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

c. If an offeror does not have a history of relevant past performance, or indications of unsatisfactory performance in general, the offeror will receive a neutral past performance rating. A neutral rating is an Acceptable rating.

(3) Price. The price evaluation will determine whether the proposed prices are complete and reasonable in relation to the solicitation requirements and market rates. Proposed prices must be entirely compatible with the technical proposal and consistent with the pricing requirements listed in this solicitation. The Government will rate price based on a ranked order of the Offers received.

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Proposals will be reviewed for page limitations. Pages exceeding the page limitation will be eliminated from evaluation.

A proposal receiving an “Unsatisfactory” or “Fail” rating in one or more factors may be removed from further consideration for award or continued evaluation.

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.

(End of clause)

5.0 Invoice Requirements

Contractor must always submit proper invoices. Refer to the Clause Section of this solicitation for additional invoice guidance. A proper invoice shall include the following items (except for interim payments on cost reimbursement contracts for services):

1. Name and address of the contractor.

2. Invoice date and invoice number. (Contractors shall date invoices as close as possible to the date of mailing or transmission.)

3. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.

5. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6. Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8. Taxpayer Identification Number (TIN). The contractor must include its TIN on all invoices.

9. Electronic funds transfer (EFT) banking information.

a. The contractor must include EFT banking information on the invoice only if required by agency procedures.

b. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

c. EFT banking information is not required if the Government waived the requirement to pay by EFT.

10. Any other information or documentation required by the contract (e.g., evidence of shipment).

Contractors shall provide signed original invoices plus one copy or email one copy to:

NIST Accounts Payable Office

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Bldg. 101, Room A-836 MS 1621 100 Bureau Drive Gaithersburg, MD 20899 Telephone: (301) 975-2261 Fax: (301) 975-8283 Email: invoice@nist.gov

Inquiries regarding payment of invoices should be telephoned or emailed to NIST, (301)975-2261, invoice@nist.gov; respectively.

If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the Order, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor. This shall commence the 30-day period and causing it to begin anew.

Contractor will clearly mark the final invoice with the legend “FINAL INVOICE” and shall execute a final release.

6.0 Solicitation Provisions and Clauses:

The following clauses from the Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) are incorporated into this Purchase Order.

6.1 INCORPORATED BY REFERENCE

This purchase order incorporates one or more provisions and clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/index.html

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications 52.212-2 Evaluation-Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions–Commercial Items OCT 2018 52.219-28 Post-Award Small Business Program Representations MAR 2020 52.223-6 Drug-Free Workplace MAY 2001 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.227-14 Rights in Data–General (MAY 2014) MAY 2014 52.227-16 Additional Data Requirements JUN 1897 52.227-19 Commercial Computer Software License DEC 2007 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-3 Continuity of Services JAN 1991 https://www.acquisition.gov/far/index.html

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52.239-1 Privacy or Security Safeguards AUG 1996 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Government Property JAN 2017 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.o.b. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 1352.201-70 Contracting Officer’s Authority APR 2010 1352.209-72 Restrictions Against Disclosure APR 2010 1352.209-73 Compliance with the Laws APR 2010 1352.228-70 Insurance Coverage APR 2010 1352.237-71 Security processing requirements–low risk contracts APR 2010 1352.239-70 Software License Addendum APR 2010 1352.239-72 Security Requirements for Information Technology APR 2010 1352.242-70 Post award Conference APR 2010

6.2 CLAUSES INCORPORATED IN FULL TEXT

The resulting Purchase Order incorporates the following clauses in full text.

FAR 52.212-1 Instructions to Offerors- Commercial Items (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

12 | P a g e required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be https://www.acquisition.gov/content/subpart-410-uniform-use-line-items#iSubpart_4_10

13 | P a g e extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile

(202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

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(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications- Commercial Items (MAR 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.acquisition.gov/content/subpart-3211-electronic-funds-transfer#i1080713 http://www.sam.gov/ http://www.sam.gov/ https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

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Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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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”—

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).

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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 with13 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 at13 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 CFR124.104(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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 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.

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 least51 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.

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(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 in SAM

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ 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 CFR124.1002.

(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.

(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-http://www.sam.gov/ https://www.acquisition.gov/content/52212-3alternate-i#i1060550 https://www.acquisition.gov/content/41201-policy#i1121876

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(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.

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

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