Solicitation_No._H98210-17-R-0007.pdf

H98210-17-R-0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Years Data Exchange

FFP

Data Exchange

FOB: Destination

NET AMT

1001 1 Years OPTION Data Exchange

FFP

2001 1 Years OPTION Data Exchange

FFP

3001 1 Years OPTION Data Exchange

FFP

4001 1 Years OPTION Data Exchange

FFP

Performance Work Statement (PWS)

1.0 INTRODUCTION

The Department of Defense (DoD), Defense Manpower Data Center (DMDC) requires, direct system-to-system connections in support of the Military Lending Act (MLA) 10 U.S.C. §987, and as implemented in 5 C.F.R. Part 232.

2.0 BACKGROUND

MLA protects DoD covered borrowers from high-cost credit products by capping interest rates at

36 percent per year. A covered borrower is defined in 32 C.F.R. § 232.3(g)(1) as Service

Members and certain dependents. As set forth in 10 U.S.C. § 987(f), “creditors are subject to imprisonment, civil liability, and other consequences” as a result of violating the MLA.

DMDC is offering “Direct Connect” to allow major financial institutions to receive real-time

DoD MLA covered borrower data. This service is being offered pursuant to support of the

“Interpretive Rule” of August 2016 (81 Federal Register 58840-01). Direct Connection will allow for large volume queries to be processed by DMDC through a system-to-system connection. Contractors will not receive any payment from the government in support of this initiative.

3.0 SCOPE

The Contractor shall provide the personnel, management and materials necessary to securely receive data from DMDC in order to conduct MLA covered borrower checks.

4.0 REQUIREMENTS

The Contractor shall:

4.1 Establish and Maintain processes and procedures in order to securely query and receive covered borrower status determination data through a direct system-to-system connection with the DoD’s MLA database.

4.1.1 Establish and maintain processes and procedures in order to consume quarterly maintenance releases of the direct system-to-system connection.

4.1.2 Conduct all MLA related transactions in accordance with section 14 of this contract.

4.1.3 Use data obtained from the Department’s MLA database solely for the purpose of determining an individual’s status as a covered borrower and not for any other purposes, including but not limited to determining an individual’s credit risk. The Contractor shall not use

MLA Data to otherwise enhance Contractor files. In addition, the Department makes no representations as to any individual’s credit worthiness.

4.2 Assert and warrant that they are a creditor or a team of creditors, as defined in 32 CFR

Part 232, and not in the business of acquiring and reselling or otherwise providing personal data to other individuals or entities.

4.2.1 Ensure no additional creditors are added to creditor teams after award. Each creditor team shall comply with all requirements of the contract. Creditor teams shall submit proposals with all qualifying data requested within the contract for each team.

4.2.1 Ensure only Direct Connect data and system access is limited to the sole awardee or qualified creditor team. Only the sole proprietor/creditor team will be eligible for this award.

4.2.2 Ensure any type of partnerships, mergers, or cooperatives will be only be authorized to utilize MLA Direct Connect content, if identified during proposal. The government will not recognize any Limited Liability, Cooperative, Corporation, Partnership, S Corporation, or any other similar arrangement types after award, without formal modification.

4.3 Complete an Assessment and Authorization (A&A), and execute a letter accepting responsibility and obligation. Evidence of compliance must take the form of a Non-United

States Government Authority to Operate (NUSGATO). Contractor shall submit this evidence in its proposal and such evidence will remain on record with the Government at all times. This document will be updated no less than every three (3) years.

4.3.1 Ensure that unclassified, sensitive MLA Data transmitted through a commercial or wireless network is encrypted using approved National Institute of Standards and Technology

(NIST) Federal Information Processing Standards (FIPS) 140-2 validated cryptography.

Validated cryptography standards also apply to ALL portable storage devices, including, but not limited to, laptops, CDs, DVDs, backup tapes, and other technical mediums and platforms.

4.3.2 Establish and maintain procedures designed to implement a minimum level of safeguarding for unclassified DoD information as set forth in the Authority to Operate (ATO) defined in the NIST SP 800-53 and 53A, Privacy Act Program Requirements (DoD 5400.11-R), and the Personnel Security Program (DoD 5200.2-R), or equivalent standard. .

4.3.3 Ensure information is transmitted in a secure manner and in accordance with the security standards set forth in the contractor's NUSGATO.

4.3.4 Establish and maintain procedures to ensure MLA Data transmission and MLA Data storage are conducted in accordance with the provisions of Office of Management and Budget

(OMB) Memorandum M-06-16, Protection of Sensitive Agency Information, and OMB

Memorandum M-07-16, Safeguarding Against and Responding to the Breach of Personally

Identifiable Information.

4.4 Provide dispute resolution services for records that any consumer disputes on the accuracy of MLA Status. Upon receipt of a dispute, contractor shall notify the COR and

Contracting Officer by phone or e-mail of such dispute. In the event contractor so notifies the

Government, the Government shall attempt to re-verify disputed information and update the information as necessary.

4.5 Provide the Government with a schedule and anticipated volume of batch processing activity monthly, no later than the 20 th of each month. Such volumes may be subject to scheduling to mitigate impacts on system performance.

4.5.1 Provide the Government non-personally identifying data relating to financial well-being of covered borrowers and the contractor’s credit clientele as a whole, no later the 20 th of each month. The Government will use such data in its required assessments in determining the status of force and force readiness.

4.6 Ensure MLA Data or information derived from the MLA Data provided under this

Contract will be stored in a separate enclave for purposes of safe harbor as described in 32 CFR

Part 232 and that MLA data is not combined with other data or stored for any other financial or business purpose.

4.7 Ensure MLA Data is not used to establish profiles, reports, or any other documentation on individuals.

4.8 Ensure information or data subject to this Contract is not used for marketing, initiating preapproved offers of credit, or other unauthorized purposes.

4.9 Understand and agree Direct Connect access and resulting data is solely for the purpose of determining an individual’s status as a covered borrower as detailed in the MLA and that the

Contractor may not resell, lease, and or otherwise transfer said data to a third party.

4.9.1 Ensure MLA Data is not used for any unauthorized purpose. For the purpose of this

Contract, the Government defines unauthorized purpose to mean any purpose other than using the MLA Data to make a determination of consumer status (including in connection with prescreening), or to facilitate consumer disclosure requirements as required by the 15 U.S.C. §

1681b(a)(3)(C), which permit the delivery of consumer reports to insurers for such purpose.

4.9.2 Ensure that information obtained related to this Contract is used solely for the purposes described in this Contract.

4.10 Understand that the Government reserves the right to deny access to MLA data if the contractor fails to comply with the terms and conditions as established in this contract and supported by section 14.0.

4.11 Participate in a Post-Award Conference.

This meeting shall provide an introduction between the Contractor personnel and Government personnel who will be involved with the contract. The meeting shall provide the opportunity to discuss technical, management and security issues. The Post Award Conference will aid both the

Government and Contractor in achieving a clear and mutual understanding of all requirements, and identify and resolve any potential issues. The Contractor shall be prepared to discuss any items requiring clarification and gather information as necessary to support each deliverable.

This conference shall take place virtually through the means of a teleconference.

5.0 DELIVERABLES

Deliverable PWS Ref. Delivery Date

NUSGATO 4.3 With Proposal; renewal no less than every 3 years

Dispute Resolution Notification 4.4 Within 7 Days of Dispute

Schedule and Volumes of Batch

Activity

4.5 NLT 20

th of each month

Financial Readiness Reporting 4.5.1 NLT 20 th of each month

Post award conference 4.11 Not Later than (NLT) 5 days after contract award

6.0 CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DMDC via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October

1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, unless a later date is otherwise authorized by the Office of the Under Secretary of Defense (Personnel and Readiness).

Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil

7.0 CONTRACTOR TRAVEL

This is a no cost contract. Travel will not be reimbursed by the government.

8.0 SECURITY The Contractor shall:

8.1 Establish appropriate administrative, technical, and physical safeguards to protect any and all nonpublic Government data to ensure the confidentiality, integrity, and availability of government data. The Contractor and all Contractor personnel with access to or responsibility for nonpublic Government data under this contract shall:

8.1.1 Comply with:

DoD Instruction (DoDI) 8500.1, Cybersecurity

The Privacy Act (5 U.S.C. 552a)

DoD 5400.11-R, and DoD Directive 5400.11, DoD Privacy Program

DoD 6025.18-R, DoD Health Information Privacy Regulation

DoD 5200.2-R, Personnel Security Program

HSPD-12, Homeland Security Presidential Directive.

http://www.ecmra.mil/ http://www.ecmra.mil/

8.1.2 Comply with Privacy Act 5 U.S.C. §552a.

8.1.2.1 Notify DMDC within one (1) hour, in the event of a breach involving MLA Data

Notification shall be made to:

Defense Manpower Data Center

Chief, Privacy Act & Freedom of Information Act Branch

Defense Manpower Data Center

Business Manager, Contracting Officer Representative (COR)

Notification shall also include the DMDC Privacy Office:

8.1.2.2 Hold the Government harmless from damages asserted by third parties resulting from breaches of MLA Data at contractor facilities due to acts of commission or omission by

Contractor, its assignees, its agents, or its contractors.

8.1.2.3 Maintain level II Information Technology Certification for all individuals interacting with the Direct Connect system.

8.2 All Information Systems (IS), Platform Information Technology (PIT) and Information

Technology (IT) Services or Products under this requirement, that receive, transmit, store, or process nonpublic government data must be accredited in accordance with Department of

Defense (DOD) Instruction (DoDI) 8510.01 "Risk Management Framework (RMF) for DoD

Information Technology (DIT)” issued March 12, 2014 (formerly the DOD Information

Assurance Certification and Accreditation Process (DIACAP)). IS and PIT systems must be categorized in accordance with Committee on National Security Systems Instruction (CNSSI)

1253, implement a corresponding set of security controls from the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, and use assessment procedures from

NIST SP 800-53A with additional DoD-specific assignment values, overlays, implementation guidance, and assessment procedures as required.

8.3 Ensure any commercial cloud computing services used for this requirement comply with the DoD cloud computing policy and procedural guidance as published.

9.0 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT/INFORMATION

(GFP/GFE/GFI)

The Government will provide MLA covered borrower status to the Contractor.

10.0 PLACE OF PERFORMANCE

Contractor Facility. Contractor will utilize and maintain privately managed property to conduct data retrieval.

11.0 QUALITY CONTROL

The contractor shall implement and maintain a Quality Control Plan (QCP) to ensure work performed conforms to the scope of work and meets the requirements under this PWS. The QCP shall, at a minimum provide a method for performing inspections; identifying, correcting and preventing problems/defective service; addressing customer complaints, and improving the quality of services over the life of the contract.

12.0 QUALITY ASSURANCE

12.1. The Government reserves the right to perform inspections and surveillance to evaluate the Contractor’s compliance to the contract terms and performance of the requirements in the

PWS. The Government will make every effort to ensure that the surveillance methods described below are conducted in an objective, fair, and consistent manner.

12.1.1. Periodic Surveillance. This action occurs when the COR or other Government official observes a deficiency. Examples include evidence from accidents, incidents, or delays.

Regardless of where in the line-of-duty the COR observes contractual procedures not being followed, he/she has an obligation to document and report the deficiency to the Contracting

Officer.

12.1.2. Customer Complaint Surveillance. This action is instituted when the COR receives a complaint from a stakeholder regarding contractor service. The COR will obtain the complaint in writing and then conduct an investigation to determine its validity. If the complaint is deemed valid, the COR will immediately notify the contracting Officer for action. The COR will notify both the Contract Manager and the complainant of the Government’s response to their complaint.

12.2. Contract Discrepancy Report (CDR). In the event of unsatisfactory contractor performance, the COR or CO will issue a CDR that will explain the circumstances and findings concerning the incomplete or unsatisfactory service. The contractor shall acknowledge receipt of the CDR and respond in writing as to how he/she shall correct the unacceptable performance and avoid a recurrence. The Government will review the contractor's corrective action response to determine acceptability and will use any completed CDR as part of an overall evaluation of

Contractor performance when determining present or future contractual actions.

13.0 ORGANIZATIONAL CONFLICTS OF INTEREST

The Contractor acknowledges that it is familiar with FAR Subpart 9.5, Organizational and

Consultant Conflicts of Interest, and agrees to avoid, neutralize or mitigate such conflicts of interest in accordance with the principles set forth in the FAR. If the performance requires the

Contractor (to include subcontractors) to supply technical support related to systems or projects with which the Contractor is already directly concerned, either by prime or subcontract, the

Contractor shall immediately inform the Contracting Officer. The PWS may be withdrawn if a conflict is found. The Contractor shall not undertake performance of any PWS requirements which requires it to supply technical support regarding such systems until the notice is given, and written consent to proceed is issued by the Contracting Officer.

14.0 APPLICABLE DOCUMENTS

DOCUMENT

WEB LINK

10 U.S.C. § 987, Terms of consumer credit extended to members and dependents:

limitations https://www.law.cornell.edu/uscode/text/10/987

10 U.S.C. § 1072, Definitions https://www.law.cornell.edu/uscode/text/10/1072

15 U.S.C. 1681b, Permissible purposes of consumer reports https://www.law.cornell.edu/uscode/text/15/1681b

5 U.S.C. § 552a, Records maintained on individuals https://www.law.cornell.edu/uscode/text/5/552a

5 U.S.C. § 552, Public information; agency rules, opinions, orders, records, and proceedings https://www.law.cornell.edu/uscode/text/5/552

32 C.F.R. § 232.1-232.13 https://www.law.cornell.edu/cfr/text/32/part-232

DoD Directive 5400.11, “DoD Privacy

Program,” October 29, 2014 www.dtic.mil/whs/directives/corres/pdf/540011p.pdf

DoD Instruction 8500.01, “Cybersecurity,”

March 14, 2014 www.dtic.mil/whs/directives/corres/pdf/850001_2014

.pdf

DoD Instruction 5200.02, “DoD Personnel

Security Program (PSP),” March 21, 2014 www.dtic.mil/whs/directives/corres/pdf/520002_2014

DoD Instruction 8510.01, “Risk

Management Framework for DoD

Information Technology,” March 12, 2014 www.dtic.mil/whs/directives/corres/pdf/851001_2014

DoD Policy Memorandum, “Safeguarding

Against and Responding to the Breach of

Personally Identifiable Information (PII),”

June 5, 2009 https://www.whitehouse.gov/sites/default/files/omb/...

/m07-16.pdf

DoD Regulation 5400.11-R, “Department of Defense Privacy Program,” May 14, www.dtic.mil/whs/directives/corres/pdf/540011r.pdf

Federal Information Processing Standards

Publication FIPS PUB 140-2, “Security

Requirements for Cryptographic Modules,” http://csrc.nist.gov/groups/STM/cmvp/standards.html https://www.law.cornell.edu/uscode/text/10/987 https://www.law.cornell.edu/uscode/text/10/1072 https://www.law.cornell.edu/uscode/text/15/1681b https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/uscode/text/5/552 https://www.law.cornell.edu/cfr/text/32/part-232 http://www.dtic.mil/whs/directives/corres/pdf/540011p.pdf http://www.dtic.mil/whs/directives/corres/pdf/850001_2014.pdf http://www.dtic.mil/whs/directives/corres/pdf/850001_2014.pdf http://www.dtic.mil/whs/directives/corres/pdf/520002_2014.pdf http://www.dtic.mil/whs/directives/corres/pdf/520002_2014.pdf http://www.dtic.mil/whs/directives/corres/pdf/851001_2014.pdf http://www.dtic.mil/whs/directives/corres/pdf/851001_2014.pdf https://www.whitehouse.gov/sites/default/files/omb/.../m07-16.pdf https://www.whitehouse.gov/sites/default/files/omb/.../m07-16.pdf http://www.dtic.mil/whs/directives/corres/pdf/540011r.pdf http://csrc.nist.gov/groups/STM/cmvp/standards.html

May 25, 2001, Change Notices December

3, 2002

Federal Information Security Management

Act (FISMA) of 2002 https://www.gpo.gov/fdsys/pkg/PLAW-

107publ347/pdf/PLAW-107publ347.pdf

“Interpretive Rule”, Department of Defense

August 26, 2016 https://www.regulations.gov/docket?D=DOD-2013-

OS-0133

Office of Management and Budget Circular

No A-130 Revised, “Management of

Federal Information Resources,” November

28, 2000 https://www.whitehouse.gov/omb/circulars_a130_a13

0trans4/

OMB Memorandum M-06-16, “Protection of Sensitive Agency Information,” June 23, https://www.whitehouse.gov/sites/default/files/omb/m emoranda/fy2006/m06-16.pdf

OMB Memorandum M-07-16, “Safeguarding Against and Responding to the Breach of Personally Identifiable

Information,” May 22, 2007 https://www.whitehouse.gov/sites/default/files/omb/m emoranda/fy2007/m07-16.pdf

Public Law 93-579, “Disclosure of Social

Security Number Act,” 31 Dec 1974 http://www.dodig.mil/Resources/PolicyReferences/Pri vacy/pa1974.pdf https://www.gpo.gov/fdsys/pkg/PLAW-107publ347/pdf/PLAW-107publ347.pdf https://www.gpo.gov/fdsys/pkg/PLAW-107publ347/pdf/PLAW-107publ347.pdf https://www.regulations.gov/docket?D=DOD-2013-OS-0133 https://www.regulations.gov/docket?D=DOD-2013-OS-0133 https://www.whitehouse.gov/omb/circulars_a130_a130trans4/ https://www.whitehouse.gov/omb/circulars_a130_a130trans4/ https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2006/m06-16.pdf https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2006/m06-16.pdf https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2007/m07-16.pdf https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2007/m07-16.pdf http://www.dodig.mil/Resources/PolicyReferences/Privacy/pa1974.pdf http://www.dodig.mil/Resources/PolicyReferences/Privacy/pa1974.pdf

PWS Attachment A

Performance Requirements Summary

Performance

Objective

PWS

Paragraph

Performance Standard/Acceptable

Quality Level

Method of Surveillance

Consume quarterly maintenance releases

4.1.1 No more than one instance per

year where the contractor failed to consume maintenance release.

Periodic Surveillance

Maintain

Encryption of all devices and networks used to obtain and transmit data

4.3.1 Zero instances where the

contractor failed to notify the government within 1 hour of their knowledge of security failure.

Periodic Surveillance

Customer Complaint

Provide schedule and volume expectation to the government on the th of each month

4.5 No more than two instances in a

year that the contractor failed to submit a schedule and volume.

Periodic Surveillance, Customer Complaint

Provide financial well-being of covered borrowers and contractors credit clientele as a whole on the 20 th of each month

4.5.1 No more than two instances in a

year that the contractor failed to submit a schedule and volume.

Periodic Surveillance, Customer Complaint

ADMINISTRATIVE INFORMATION

A. POINTS OF CONTACT:

Contracting Officer: Melissa S. Tamayo

4800 Mark Center Drive, Suite 03E25

Alexandria, VA 22350

(571)-372-2603

E-mail: melissa.s.tamayo.civ@mail.mil

Contract Specialist: Jose L. Vasquez

4800 Mark Center Drive, Suite 03E25

Alexandria, VA 22350

(571) 372-2605

E-mail: jose.l.vasquez60.civ@mail.mil

Contracting Officer’s Representative: TBA at contract award

Address:

Telephone:

E-mail:

The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other terms and conditions of the contract. Reference DFARS clause 252.201-7000

(Contracting Officer’s Representative).

B. ADMINISTRATION, ACCOUNTING, AND APPROPRIATION DATA

The Administration office and Accounting & Appropriation Data will be specified at the time of award.

C. CONTRACT TYPE AND DURATION

The Contract type shall be Firm-Fixed Price, $0.00. The period of Performance shall be from date of award through 12 months, with four 4 12-months month option periods.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government mailto:melissa.s.tamayo.civ@mail.mil mailto:jose.l.vasquez60.civ@mail.mil

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2017 TO

30-SEP-2018

N/A DEFENSE MANPOWER DATA CENTER

(DMDC)

TOM CERNAC

DOD CENTER MONTEREY BAY

400 GIGLING RD

SEASIDE CA 93955-6771

H98259

1001 POP 01-OCT-2018 TO

30-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

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

52.222-50 Combating Trafficking in Persons MAR 2015

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.227-7015 Technical Data--Commercial Items FEB 2014

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.239-7010 Cloud Computing Services OCT 2016

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment 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 an 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; and

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

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 and Past Performance.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

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

https://www.sam.gov/portal

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and

Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational

Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and http://www.dol.gov/fairpayandsafeworkplaces

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

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

United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

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

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

(5) Women-owned small business concern.