H92240-15-Q-1035_-RFQ_FINAL_Amend_0002.pdf

H92240-15-Q-1035

COMBINED SYNOPSIS/SOLICITATION

AMENDMENT 0002 ISSUED ON 08 SEPTEMBER 2015

This is a combined synopsis/solicitation for commercial items prepared in accordance with the information in FAR subpart 12.6, using simplified acquisition procedures under the test program for commercial items found at FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being solicited on an unrestricted basis per the following:

Solicitation H92240-15-Q-1035 is issued as a request for quotation (RFQ). The agency intends to award one or more Blanket Purchase Agreements (BPAs) for a period of (5) five years for Bare Boat and Crewed Charter Services for various sea-going platforms throughout the United States as defined in this RFQ. The maximum BPA value is $6,000,000.00 over the life of the BPA.

FSC Codes:

W019 W020 V125 V224 V124 V214

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83, effective 3 August 2015 and DFARS Change Notice 20150626. Participating vendors must be registered at www.sam.gov.

Quotes are due no later than 11 September 2015, at 2:00 p.m. Pacific Standard Time.

The Technical Capability Matrix and Performance Work Statements (PWSs) will be distributed upon written request and only to interested vendors registered in SAM with the appropriate NAICS code. See 52.212-1 Addendum below for instructions.

Quotes must be valid for 90 days. Email is the only acceptable method of submission, see instructions below. All quotes must be emailed with the RFQ Number in the subject line. Contractors are responsible for verifying receipt of their quotes to this office before quote due date and time. Submission of quote via the Federal Business Opportunities (FBO) website is not permitted for this solicitation.

Each BPA will be issued for a five year ordering period starting on date of award. Five Calls are anticipated to be issued upon award of the BPA to the quoter(s) offering the best value for each Call, price and other factors considered. However, the Government is not obligated to award any of the Calls to establish the BPA.

BPA Terms and Conditions

1. Description of Agreement. To acquire Bare Boat and Crewed Charters of various sea-going platforms throughout the United States, if and when requested by the Contracting Officer during the specified ordering period and within the stipulated aggregate amount.

2. Extent of obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA. This Agreement may be terminated upon 30 days written notice by either party.

3. Purchase limitation. The dollar limit for each Call is not anticipated to exceed $600,000.00.

4. Individuals authorized to purchase under the BPA. Only Naval Special Warfare Command Contracting Officers may place calls against this BPA. The contractor shall report any request for Calls against this BPA from any other person, within 1 business day of the request.

NAICS code 532411 Small business size standard $32.5M http://www.sam.gov/

The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant contract.

52.203-3 Gratuities 52.204-4 Printed or Copied Double-Sided on Recycled Paper 52.204-9 Personal Identity Verification Of Contractor Personnel 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.212-1 Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications Commercial Items Alt I 52.212-4 Contract Terms and Conditions - Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items 52.232-18 Availability of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim 52.242-13 Bankruptcy

52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS -- ADDENDUM

(m) Quote Preparation and Submission Instructions.

(1) Quoters may submit written questions during the quote preparation period. Only written questions will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification.

All requests for the Matrix/PWS, questions and quotes shall be directed to the Contracting Office by email, citing at a minimum “H92240-15-Q-1035” in the subject line at the following address:

WARCOM.CONTRACTS@navsoc.socom.mil. The last date for questions 08 September 2015, no later than 12:00 pm Pacific Standard Time. Requests for the Matrix/PWS must also contain the vendor’s CAGE.

Those requests that fail to include the CAGE will not receive a response from the Government.

(2) Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the Quoter’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall be valid for no less than 90 days from the date of RFQ closing, a statement affirming this fact shall be included in the Introduction. The quote shall provide comprehensive responses to the areas provided for in this section. The quotes shall be a complete response to Attachments 1-5 and Attachments 8-9 Performance Work Statements and the requirements of this RFQ, taking into consideration required quantities as specified in this solicitation. The successful Quoter will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below.

(3) Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

(n) Quote Format And Content. The quotation shall consist of 3 parts: (I) Introduction, (II) Technical, and (III) Price information. Electronic quotes shall contain separate files for each volume. Individual emails shall not exceed 10 MB. The quote page format will be 8 1/2” x 11” except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”. A page is defined as one face of a sheet of paper containing information. Type shall not be less than 12 pitch. Elaborate formats or color presentations are not desired or required.

VOLUME I:

mailto:WARCOM.CONTRACTS@navsoc.socom.mil

(1) INTRODUCTION: Complete business address of the Quoter, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.

− The Quoter’s Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.

− Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.

− SUBCONTRACTING PLAN: Quoters who qualify as a large business under the specified NAICS must submit a subcontracting plan in accordance with FAR 52.219-9 (Dev) and DFARS 252.219-7003. See FAR 19.704 -- Subcontracting Plan Requirements. The Subcontracting Plan will be negotiated as necessary in accordance with FAR 19.705-4.

− Fill-In Clauses: Provide all fill-ins or certifications required by the solicitation for inclusion in any resulting contract. Vendors must be registered in the System for Award Management (SAM) to be eligible for award; Quotes received without the completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Quoters must also provide all fill-ins for:

− 52.209-7 Information Regarding Responsibility Matters (July 2013) − 52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2014) Alternate I

(OCT 2014) (or completed SAM representation) − 5652.204-9000 Individual Authorized to Sign (2014) − 5652.204-9004 Foreign Persons (2006) − 252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction under any Federal Law—Fiscal Year 2015 Appropriations. (DEVIATION 2015-

OO0005) (DEC 2014)

− Terms and Conditions: The Quoter must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.

− Specific quote validity period.

VOLUME II: Offerors are cautioned not to simply rephrase or restate the Government’s requirements in the quote, but furnish convincing narratives describing “how” they intend to meet these requirements.

(1) TECHNICAL CAPABILITY: The Quoter shall limit the Technical Capability submission to 15 pages, excluding Attachment 1.

Factor 1 - Technical Capability. Submission Requirements. The Quoter shall (1) identify its capabilities, using the Technical Capability Matrix in Attachment 1, to provide various types of vessels in various regions;

(2) provide a narrative to describe the extent to which the Quoter regularly engages in the leasing of vessels, bare boat and crewed charters that meet the range of requirements outlined in the basic Agreement PWS (Attachment 2); and (3) provide a narrative to describe its approach and capability to satisfy the specifc requirements identified for Calls 0001, 0002, and 0003, 0004 and 0005 (Attachments 3-5 and Attachments 8-9).

VOLUME III:

(1) PRICE: There is no page limit to this submission.

Factor 2 – Price. Submission Requirements. The Quoter shall provide firm fixed prices for all line items identified in Attachment 6, including options. Prices shall reflect firm fixed prices for all fully burdened labor, materials, equipment, and profit required to perform all work identified in Calls 0001, 0002, 0003, 0004, and 0005. The Government may require additional “other than cost and pricing data” prior to award.

(o) Restriction on disclosure and use of data. Quoters that include in their quotes data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall --

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with --the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(p) To be considered timely. E-mail quote must be received in its entirety in the above designated E-mail inbox by the due date and time for final quote submission. Submission through the Federal Business Opportunities (FBO) website is not permitted for this solicitation.An E-mail quote that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for quote submission will be considered late in accordance with FAR 15.208(b). Therefore, it is incumbent upon the Quoter to ensure that its entire quote is received by the Agency by the designated due date.

(End of provision)

52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999)

(a) The Government anticipates awarding multiple Blanket Purchase Agreements (BPA’s) resulting from this solicitation to the responsible Quoter(s) whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Factor 1 - Technical Capability: The quote will be evaluated to determine the extent to which the Quoter has the capability to successfully perform the requirements outlined in Attachments 1 through 5 and Attachments 8 through 9.

Factor 2 - Price: All prices, including options, will be evaluated for reasonableness in accordance with FAR 13.106-3. Offerors must provide a price quote for all line items identified in Attachment 6 to be considered for award.

Technical Capability is significantly more important than Price.

(End of Provision)

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEC 2014)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

52.203-6 Restrictions on Subcontractor Sales to the Government 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards

52.209-6 Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313)

52.219-8 Utilization of Small Business Concerns 52.219-9 Small Business Subcontracting Plan, ALT II, (DEV 2013-O0014) 52.219-16 Liquidated Damages – Subcontracting Plan 52.219-28 Post-Award Small Business Program Rerepresentation 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires (to be included as applicable to each Call)

52.222-50 Combating Trafficking in Persons 52.222-54 Employment Eligibility Verification 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.246-25 Limitation Of Liability—Services

(End of Clause)

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)

52.217-8 -- OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

(End of Clause)

52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed the end of the period of performance for the last Call.

(End of Clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

N01C Chief of Contracting 2000 Trident Way, Bldg 624 San Diego, CA 92155

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/ http://www.acq.osd.mil

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

The following DFARS provisions and clauses apply to this acquisition and are incorporated by reference. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications at https://www.acquisition.gov, the offeror they are to indicated in the submitted quote, there is no need to complete these provisions again for a this solicitation.

252.201-7000 Contracting Officer’s Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7000 Disclosure of Information http://www.acq.osd.mil/ https://www.acquisition.gov/

252.204-7003 Control Of Government Personnel Work Product 252.204-7012 Safeguarding Of Unclassified Controlled Technical Information 252.204-7015 Disclosure of Information to Litigation Support Contractors 252.205-7000 Provision Of Information To Cooperative Agreement Holders

252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country

252.219-7003 Small Business Subcontracting Plan (DoD Contracts) 252.225-7012 Preference for Certain Domestic Commodities 252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports

252.232-7006 Wide Area Workflow Payment Instructions (fill-in at time of award of each Call)

252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea

252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2015

APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

DESIGNATION OF ORDERING ACTIVITY The following activities are hereby authorized to place BPA calls:

Naval Special Warfare Commands Marine Corps Forces Special Operations Command

The authorized ordering officer is responsible for issuing and administering any orders placed hereunder. Only Naval Special Warfare Command has authority to modify any provisions of the basic contract. Any deviations from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Terminations of delivery orders shall be issued only by the PCO.

The following SOFARS provision and clauses apply to this acquisition:

5652.201-9001 TECHNICAL REPRESENTATIVE (2005)

(a) The Contracting Officer may appoint one or more Government employees as a technical representative to assist the Contracting Officer with scientific engineering or field of discipline matters directly related to the contract. The technical representative is not authorized to act on be behalf of the Contracting Officer or to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(b) The appointments will be in writing, signed by the Contracting Officer.

5652.201-9002 AUTHORIZED CHANGES ONLY BY CONTRACTING OFFICER (JAN 2005)

The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer will be provided upon award.

(End of Clause)

5652.204-9000 INDIVIDUAL AUTHORIZED TO SIGN (2014)

(a) Proposals shall be signed by an authorized individual. The offeror hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the offeror in accordance with the applicable instructions below. If the offeror is a joint venture, each participant in the joint venture shall submit a separate representation.

(1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A Corporate representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the corporation. Corporations may establish the authority of its agents by furnishing a power of attorney with the offer, a corporate resolution, or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation.

I, _____________________________, represent that I am the ________________________ of the firm named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers.

AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the offeror may print the word "SEAL".)

(Signature)

(2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument.

I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers.

(Signature)

(3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority.

(4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their offeror a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation.

I, _____________________________, represent that I am the ________________________ of the educational institution named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers.

(Signature)

(b) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________." 5652.204-9003

DISCLOSURE OF UNCLASSIFIED INFORMATION (NOV 2007)

(a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval.

Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.

(b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.

(c) The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.

(d) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

5652.204-9002 INSTRUCTIONS FOR THE USE OF ELECTRONIC CONTRACTS (2007)

In accordance with DoD policy, this solicitation and the resulting contract will be executed and documented through electronic means. As a result, the use of the terms "documented," "copy," "printed," "in writing," or "written" within this document shall refer to all electronically transmitted documents that will become part of the electronic contract file and an official government record. Any reference to official signatures and signed documents shall refer to electronic signatures. Whenever an electronic signature is used it shall have the full force and effect as a handwritten signature.

(End of Clause)

5652.204-9003 DISCLOSURE OF UNCLASSIFIED INFORMATION (JUNE 2013)

(a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.

(b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.

(c) The Contractor shall include a similar requirement in each subcontract under this contract.

Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.

(d) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

(End of Clause)

5652.204-9004 FOREIGN PERSONS (2006)

In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or “X” here if there are no such individuals: ____):

(1) Full Name:

(2) Date of Birth:

(3) Place of Birth:

(4) Nationality:

(5) Social Security Number:

(6) Visa Status:

(7) Current Address:

(8) If a Subcontractor, Subcontractor Name and Address:

(9) Biographic data and/or resume:

(End of Clause)

5652.215-9016 TECHNICAL AND CONTRACTUAL QUESTIONS CONCERNING THIS SOLICITATION

(2000)

All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective Offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent to the following point of contact: WARCOM-Contracts@navsoc.socom.mil

(End of Clause)

5652.233-9000 INDEPENDENT REVIEW OF AGENCY PROTESTS (2013)

All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d)(4) to: Chief, SORDAC-KM or SORDAC-KX as appropriate, 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504.

5652.237-9000 CONTRACTOR PERSONNEL CHANGES (1998)

(a) The contractor shall have the right to remove his personnel assigned to perform the tasks hereunder and to substitute other qualified personnel provided that the Contracting Officer is notified of such removal and replacement. The contractor shall notify the Contracting Officer prior to such change, giving the new employee's name, security clearance and technical qualifications.

(b) Any removals or replacements for the convenience of the contractor shall be at no additional cost to the Government. Cost to be borne by the contractor include but are not limited to time of travel, travel and training costs for replacement personnel.

(c) Removals or replacements of contractor personnel shall be considered for the convenience of the contractor except when such removal is for:

(1) employees removed as a result of cancellation or completion of the contract,

(2) employees replaced due to death or incapacitating illness or injury,

(3) or employees removed or replaced at the Government's request.

(a) If any employee removes him/herself from the employ of the contractor, such removal will be at no additional cost to the Government.

5652.237-9001 KEY PERSONNEL REQUIREMENTS (2003)

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/33.htm%23P36_6016 the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c) The follow positions are identified as Key Personnel:

(to be specified in each Call as appropriate)

(End of Clause)

Note: Quotes received without the completed copy of the provision at FAR 52.212-3 or corresponding completed SAM FAR and DFARS representations may be considered non-compliant. Quoters must be registered in the System for Award Management (SAM) to be eligible for award.

List of Attachments

Attachment 1 – Technical Capability Matrix Attachment 2 – Performance Work Statement for basic Agreement Attachment 3 – Performance Work Statement for Call 0001 Attachment 4 – Performance Work Statement for Call 0002 Attachment 5 – Performance Work Statement for Call 0003 Attachment 6 – Pricing Spreadsheet Attachment 7 – Quality Assurance Surveillance Plan Attachment 8 – Performance Work Statement for Call 0004 Attachment 9 – Performance Work Statement for Call 0005

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEC 2014)