ATCH_1_CORRECTION_NEW_CLOSING_DATE_12_SEPTEMBER_2016 _1200_PM _NOON.doc

ATTACHMENT # 1

COMBINED SYNOPSIS/SOLICITATION - H92240-16-Q-2051

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures found at FAR Subpart 13, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation on FedBizOpps; quotes are being requested and a written solicitation will not be issued.

Solicitation H92240-16-Q-2051 is issued as a request for quotation (RFQ) “Brand Name or Equal. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89, effective 15 August 2016 and DFARS current to DPN 20160830, effective 30 August 2016.

Email is the only method of submission. Quotes, together with the signed amendment(s), if applicable, must be submitted electronically to WARCOM-contracting@socom.mil

Quotes must be valid for 30 days. No facsimile quotes will be accepted. All quotes must be clearly marked with the RFQ Number H92240-16-Q-2051. Contractors are responsible for verifying receipt of their quotes to this office before offer due date and time specified. Due date is 12 September 2016, 1200 p.m. (noon) EST. Late Submissions will not be accepted.

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

52.212-1 Instructions to Offerors-Commercial Items ADDENDUM

(b)(12) All offers that contain other than brand name items shall contain a detailed product description. This product description may be in the form of either a commercial catalog or technical data. However, simply stating a manufacturer and part number is not considered a detailed product description and shall not be considered meeting these submission requirements. This description shall be detailed enough in order for the evaluation outlined in FAR 52.212-2 specified herein to take place and detailed enough to determine equality with the name brand product. Submitted Technical Descriptions shall not be longer than two (2) pages per item. At the discretion of the Contracting Officer, descriptions that are submitted on more than two pages per item may cause an offer to be rejected as non-responsive and offers may be deemed unacceptable.

(m) Quote Preparation and Submission Instructions.

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

(n) Quote Format And Content.

Electronic quotes shall address the sections listed below. Individual emails may not exceed 10 MB. Submissions with .zip files are not acceptable and will not be delivered by the government email server. Offeror is responsible for ensuring the electronic submission guidelines are followed, the government server may NOT issue a rejection notification.

(1) ADMINISTRATIVE INFORMATION: Complete business address of the Offeror, 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 Offerors 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.

· Fill-In Clauses: Provide all fill-ins or certifications required by the solicitation for inclusion in any resulting contract. The Quoter 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.

(2) TECHNICAL: Items must meet the requirements in Attachment two (2) – TECHNICAL DESCRIPTION, to include completion of every question regarding the quoted items within the attachment. Specific delivery timeframes must be provided in Attachment two (2) TECHNICAL DESCRIPTION.

· Quotes not completing the required information in Attachment 1 will be considered incomplete and will not be evaluated.

· Quotes that do not indicate the capability to meet the required delivery timeframe indicated will be evaluated as not meeting the technical requirement.

(4) PRICE: The offeror shall populate Attachment three (3) RFQ MATRIX, to reflect all costs (including delivery) for items under Solicitation H92240-16-Q-2051.

(End of provision)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Acceptability Price

This is a lowest price technically acceptable evaluation, the award will be made to the contractor whose price is lowest among all quotes that were deemed to be complete and technically acceptable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

(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 (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

52.217-5 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)

52.217-7 Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(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 within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 60 months.

(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, they are to indicate in the submitted quote, there is no need to complete these provisions again for this solicitation.

252.203-7996

DEVIATION

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation – see full text

252.203-7997

DEVIATION

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation – see full text

DEVIATIONS IN FULL TEXT

252.203-7996-Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

Include the following provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, that will use funds made available by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235). PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2016-O0003) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements.

Include the following clause in all solicitations and contracts, including solicitations and contracts for the acquisition of commercial items under FAR part 12, that will use funds made available by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235).

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003) (OCT 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

The following SOFARS PROVISIONS and CLAUSES apply to this acquisition.

5652.201-9002 Authorized Changes Only by Contracting Officer (2005) Section I As prescribed in 5601.602-2-70(f), insert the following clause, Fill-in 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. (Will be included on order)

5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches (2013) Section H (Revised June 2013) As prescribed in 5604.403(b), insert the following clause,

(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 protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor’s network(s) or information system(s). Breaches include unauthorized intrusions of the contractor’s server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor’s data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer.

(d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer.

(e) 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.

5652.215-9016 Technical and Contractual Questions Concerning This Solicitation (2000) Section L As prescribe in 5615.209(l), insert the following provision, Editable and Fill-ins 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-contracting@socom.mil

5652.233-9000 Independent Review of Agency Protests (2013) Section I (Revised August 2011) (Revised September 2013-reorganization) As prescribed in 5633.106, insert the following clause, 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, SOF-AT&L-KM or SOF-AT&L-KX as appropriate, 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504.

Quotes received without the completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Vendors must be registered in the System for Award Management (SAM) to be eligible for award.

VENDOR NAME: ______________________________________

CAGE Code: _________________

PROMPT PAYMENT TERMS: ___________________________