Draft SF33.pdf
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- Attached to
- Military Sealift Command Next Generation Wideband Federal contract opportunity
- Solicitation number
- HC1013-09-R-2004
- Issued by
- Defense Information Systems Agency
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CODE
(Hour)
PAGE(S)
until local time
X
A
B
C
D
EX
X
G
F 17 - 25
26 - 41
H 42 - 52
Noah.Vasquez@disa.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 52
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
HC1013 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
NOAH VASQUEZ 618-229-9376
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 4 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
5 - 9
PART II - CONTRACT CLAUSES
DISA/DITCO-SCOTT
2300 EAST DRIVE - BLDG 3600
SCOTT AFB IL 62225-5406
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
10 - 16
6. REQUISITION/PURCHASE NO.
MSCNGW
5. DATE ISSUED
08 Oct 2009
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
HC1013-09-R-2004
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUL 2004 52.225-1 Buy American Act--Supplies FEB 2009 52.225-2 Buy American Act Certificate FEB 2009 52.225-3 Buy American Act--Free Trade Agreement--Israeli Trade Act JUN 2009
CLAUSES INCORPORATED BY FULL TEXT
ADDITIONAL ACCOUNTING AND APPROPRIATION DATA
97X4930.5F20 000 C1013 0 068142 2F
CLIN/SubCLIN Purchase Request Number Obligated Amount
Section I - Contract Clauses
52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
SEP 2007
52.204-1 Approval of Contract DEC 1989 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
SEP 2006
52.215-1 Alt II Instructions to Offerors--Competitive Acquisition (Jan 2004) - Alternate II
OCT 1997
52.215-2 Audit and Records--Negotiation MAR 2009 52.215-3 Request for Information or Solicitation for Planning Purposes. OCT 1997 52.215-5 Facsimile Proposals OCT 1997 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--
Modifications
OCT 1997
52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-20 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data
OCT 1997
52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications
OCT 1997
52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.219-9 Small Business Subcontracting Plan APR 2008 52.219-14 Limitations On Subcontracting DEC 1996 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
JUL 2005
52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-29 Notification Of Visa Denial JUN 2003 52.222-37 Employment Reports On Special Disabled Veterans, Veterans
Of The Vietnam Era, and Other Eligible Veterans
SEP 2006
52.222-50 Combating Trafficking in Persons FEB 2009 52.223-6 Drug-Free Workplace MAY 2001 52.225-1 Buy American Act--Supplies FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-3 Patent Indemnity APR 1984 52.232-1 Payments APR 1984 52.232-6 Payment Under Communication Service Contracts with
Common Carriers
APR 1984
52.232-11 Extras APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.233-1 Disputes JUL 2002 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Items AUG 2009 52.245-1 Government Property JUN 2007 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-4 Alterations in Contract APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
JAN 2009
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.215-7000 Pricing Adjustments DEC 1991 252.225-7026 Acquisition Restricted to Products or Services SEP 2008 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7002 Access DEC 1991 252.239-7004 Orders For Facilities And Services NOV 2005 252.239-7005 Rates, Charges, And Services NOV 2005 252.239-7007 Cancellation Or Termination Of Orders NOV 2005 252.239-7008 Reuse Arrangements DEC 1991 252.239-7012 Title To Telecommunication Facilities And Equipment DEC 1991 252.239-7013 Obligation Of The Government JUL 2006 252.239-7014 Term Of Agreement DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts)
JAN 2009
52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)
(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant
Conflicts of Interest Plan (OCCIP) to the contracting officer. The OCCIP shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.
(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:
(1) Providing systems engineering and technical direction.
(2) Preparing specifications or work statements and/or objectives.
(3) Providing evaluation services.
(4) Obtaining access to proprietary information.
(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.
(End of clause)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
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):
[www.com]
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 insert regulation name (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
252.229-7001 TAX RELIEF (JUN 1997)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
252.239-7015 CONTINUATION OF COMMUNICATION SERVICE AUTHORIZATIONS (JUL 2006)
(a) All communication service authorizations issued by incorporating Basic Agreement Number , dated , are modified to incorporate this basic agreement.
(b) Communication service authorizations currently in effect which were issued by the activity in paragraph (a) of this clause incorporating other agreements with the Contractor may also be modified to incorporate this agreement.
(c) This basic agreement is not a contract.
Section J - List of Documents, Exhibits and Other Attachments
AMENDMENT D
LIST OF ACRONYMS
Alphabetical
A/m Amperes Per Meter
AES Advanced Encryption Standard
ANSI American National Standards Institute
BEST Bandwidth Efficient Satellite Transport
BIR Burstable Information Rate
BIT Built-In Test
BMC Bandwidth Management Console
C&A Certification and Accreditation
CAD Computer Aided Design
CDRL Contract Data Requirements List
CFR Code of Federal Regulations
CIR Committed Information Rate
CLIN Contract Line Item Number
COMSATCOM Commercial Satellite Communications
CONUS Contiguous United States
COTS Commercial Off-the-Shelf
CSRC Computer Security Resource Center
DD Defense Department
DIACAP Department of Defense Information Assurance Certification and Accreditation Process
DLCC Discounted Life Cycle Cost
D-level Depot Level
DoD Department of Defense
DoDD Department of Defense Directive
DoDI Department of Defense Instruction
DOT Department of Transportation
DSU/CSU Data Service Unit/Channel Service Unit
DTN Delay/Disruption Tolerant Networking
DVB-S2/RCS Digital Video Broadcasting-Satellite Channel 2/Return Channel via Satellite
EE Environmental Engineering
EN Endorsement Notice
EOFY End of Fiscal Year
EOIP Everything Over IP
EPA Environmental Protection Agency
ETSI European Telecommunications Standards Institute
FAR Federal Acquisition Regulation
FED-STD Federal Standard
FIPS Federal Information Processing Standard
FOC Full Operational Capability
FRAD Frame Relay Access Device
FY Fiscal Year
GIG Global Information Grid
GPO Government Printing Office
IA Information Assurance
IAD Integrated Access Device
IEC International Electrotechnical Commission
IEEE Institute of Electrical and Electronic Engineers
IGCE Government's Independent Cost Estimate
I-level Intermediate Level
INCO Installation and Checkout Spares
IOC Initial Operational Capability
IP Internet Protocol
ISDN PRI Integrated Services Digital Network Primary Rate Interface
IT Information Technology
JIPM Joint IP Modem
LAN Local Area Network
LES Land Earth Station
LMSR Large, Medium Speed Roll On/Roll Off
LRU Lowest Replaceable Unit
MAC Mission Assurance Category
MED Mediterranean
MIL-STD Military Standard
MSC Military Sealift Command
MSDS Material Safety Data Sheet
MSFSC Militry Sealift Fleet Support Command
MSOC Mobile Sealift Operations Center
NFAF Naval Fleet Auxiliary Force
NGW Next Generation Wideband
NIPRNet Nonsecure Internet Protocol Router Network
NIST National Institute of Standards and Technology
NOC Network Operations Center
NONCONUS Non Contiguous United States
O&M Operations and Maintenance
OBRP Onboard Repair Parts
OCD Operational Capabilities Demonstration
O-level Organizational Level
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
OSI Open Systems Interconnection
PAC Pacific
PBX Private Branch Exchange
PCA Performance Confidence Assessment
PDF Portable Document Format
PEP Performance Enhancing Proxy
POA&M Plan of Action and Milestones
POP Point of Presence
PPSM Ports, Protocols, and Services Management
PSN Public Switched Networks
PVC Permanent Virtual Circuit
PWS Performance Work Statement
QoS Quality of Service
RF Radio Frequency
RFP Request for Proposal
RMS Root Mean Square
RRF Ready Reserve Force
RUI Remote User Interface
SAS System Architecture Specification
SATCOM Satellite Communication
SEALOG Sealift Logistics Command
SIPRNet Secret Internet Protocol Router Network
SLA Service Level Agreement
SME Subject Matter Expert
SOO Statement of Objectives
SOVT System Operational Verification Test
SSA Source Selection Authority
SSU Ship Support Unit
STE Secure Terminal Equipment
TACLANE Tactical Local Area Network Encryption
TMET Technical/Management Evaluation Team
TRANSEC Transmission Security
VISA Voluntary Intermodal Sealift Agreement
VOIP Voice Over IP
WAN Wide Area Network
AMENDMENT F
Attachment F
Contract Data Requirements List CDRL
The Offeror shall use his proposed PWS to prepare a CDRL including appropriately tailored data item description references. The requirements listed below are known minimum Government data requirements.
The Offeror may include additional data requirements. All data requirements shall be traceable to specific tasks defined in the PWS. Each specific data requirement shall be selected from DoD 5010.12-L and specified on DD Form 1423.
Data items as described herein shall be provided by the Offeror. All data items, except for the drawings, shall be readable, and with format maintained, by Microsoft Office ProductsTM. The drawings shall be delivered in accordance with best commercial practice.
List of minimum Government data requirements.
a. Monthly Metrics Report /Bandwidth usage reports I. Bandwidth assignment / utilization (CIR/BIR/throughput by ship/MSOC van)
II. Availability / QoS statistics by ship/MSOC van
b. Installation report
I. Rack arrangement and elevation drawing for each ship (Drawing will be at least F size in AutoCAD format.)
II. Site system block diagram drawing for each ship (Drawing will be at least F size in AutoCAD format.)
III. Antenna topside arrangement drawing for each ship (Drawing will be at least F size in AutoCAD format.)
IV. Cabling block diagram (Drawing will be at least F size in AutoCAD format.)
V. Material list (custody transfer document DD 1149) for each ship
VI. Summary of installation effort
i. Man hours used
ii. Daily Activity Report
iii. Location of ship during installation
iv. Issues
v. Lessons learned
VII. System Operational Verification Test (SOVT)
c. Material list (custody transfer document DD 1149) for each ship package
d. Ship Support Visit Report
I. Man Hours Used II. Daily Activity Report
III. Location of ship during support visit IV. Materials expended V. Issues
VI. Lessons learned
e. Classroom training report
I. Man hours used II. Daily Activity Report
III. Copies of all training documents IV. List of all students attending V. Location of training visit
VI. Copies of any certificates issued
f. Engineering Reference Package: While the Offeror will install the system on board ships/MSOC vans, certain engineering reference information is required. The Offeror shall provide the information by submitting drawings and associated documentation for the hardware and software terminal components and Lowest Replaceable Units (LRUs). The total package shall include:
I. Enterprise-wide documentation and diagrams detailing the entire system infrastructure from the MSC NOC’s to the LESs to the MSC ship/MSOC platforms
II. Definition of hardware and software interfaces.
III. Recommended installation criteria IV. Recommended installation test and verification procedures and requirements V. Installation restrictions
VI. Drawing and associated documentation of equipment and LRU VII. Weight and physical dimensions of the equipment and LRU
VIII. Center of gravity and physical dimensions of the antenna and the rack assembly
IX. Form factor and mounting requirements of the equipment.
X. Power requirements for each power interface to external power
XI. Cooling requirements XII. Any assembly during installation and with other interfacing systems
XIII. Center of wind resistance of the antenna XIV. Heat dissipation for below deck equipment XV. Cabling and connector call-outs
XVI. Additional information necessary for accurate interface control
g. Technical Manuals: The Offeror shall provide five hard copies and one CD in Microsoft Office format of the system manuals with the first delivery to the Government, in accordance with the specifications for a System Technical Manual.
Thirty (30) days prior to delivery of the first terminal, the Offeror shall submit for content approval by the Government, all technical documentation for the installation, service, troubleshooting and operation of the shipboard satellite communication terminal system. The Government shall review the technical documentation in accordance with the specifications for a System Technical Manual. If the Government determines that additional data is required to meet the specifications for a System Technical Manual, the Contractor agrees to submit supplemental documentation for approval with 15 days of the Government’s request for such supplemental documentation. The Government reserves the right to reproduce technical manuals and data contained therein.
h. Safety Assessment: To ensure the relevant specifications in the SOO can be met, a safety assessment of the system shall be performed in accordance with MIL-STD- 882D. The safety assessment report shall document all safety assessment actions and findings, as well as a plan and schedule for correction. The contractor shall submit a summary of all safety-related actions as part of the monthly report.
i. Hazardous Material: A list of all hazardous material shall be submitted including, for each item, a material safety data sheet (OSHA Form 174) and written justification that shows the necessity for the type, container size and quantity of hazardous material (or material that results in hazardous waste) together with a listing of less hazardous potential substitutes that were considered and the reasons why these substitutes cannot be used. (See section 4.5.2 of the SOO).
j. Onboard Repair Parts (OBRPs): A set of OBRPs consists of replacement LRUs carried onboard ship during a 90-day deployment; OBRPs are removable and replaceable at the organizational level, i.e., aboard ship/MSOC van. The OBRP set shall include all LRUs, all items necessary to maintain system availability, plus high failure piece parts such as fuses, lights, etc. OBRPs shall be identified by part number; national stock number, if assigned; and unit price. (See section 4.6.5 of the
SOO.)
k. Installation and Checkout Spares (INCOs): A kit of INCOs shall include any special cables, test equipment, test devices, test programs or other items or material used by an installation team. It also shall include spares of items with high infant mortality, items commonly lost or damaged during installation, items needed to complete any assembly done during installation, special brackets or hangers used during installation, and a complete set of mating halves of connectors and backshells.
(See section 4.6.5 of the SOO.)
l. Configuration Baseline Data: The Government requires data about the system. (See section 4.6.2 of the SOO.)
The Offeror shall supply the above data directly and/or by providing the specifications, commercial drawings, slick sheets, photographs, sketches and descriptions of the system, assemblies and LRUs, and the necessary assembly and general location drawings, etc. needed to indicate the characteristics, location and function of assemblies and LRUs. The Offeror will provide the data by electronic media in a form approved by the Government.
m. Support Equipment: The Offeror shall submit for Government approval a list of support equipment, tools, and test equipment required for operation and maintenance and a plan for deployment of the equipment. (See section 4.6.5 of the SOO.) The Offeror shall ensure that no special tool requirements are needed in the Organizational Level (O-Level) maintenance of the system without Government approval. The Offeror shall identify and provide parameter requirements necessary for the use of test equipment to support maintenance. The Government will provide the associated test equipment model number that is currently in the DoD inventory for use. The contractor shall obtain case-by-case Government approval for special purpose support equipment, tools, and test equipment associated with this acquisition.
Use of support equipment (for example, tool, extender cable, extender card, test equipment, etc.) necessary to support O-Level preventive or corrective maintenance shall be provided by the contractor with each system delivery. The contractor shall be responsible for all support equipment needed to support depot repair (LRU repair and restoration) and equipment overhaul.
n. Support Service Report: The Offeror shall provide a monthly report of the services provided. The report shall include sites visited and services provided. (See section
4.6.5 of the SOO.)
Section K - Representations, Certifications and Other Statements of Offerors
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
JUL 2009
52.222-38 Compliance With Veterans' Employment Reporting Requirements
DEC 2001
52.225-18 Place of Manufacture SEP 2006 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest OCT 2008 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-2 Subcontracts JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2009 52.245-2 Government Property Installation Operation Services JUN 2007 52.245-9 Use And Charges JUN 2007 52.246-11 Higher-Level Contract Quality Requirement FEB 1999 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
MAY 2004
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
JAN 2009
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___ Other--------------------------------------------------------
(f) Common parent.
___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
(End of provision)
52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)
(a) Definition. Women-owned business concern, as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, 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 subsidiary, division, or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, ( ) intends, ( ) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:
Place of Performance(Street Address, City, State, County, Zip Code)
Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent
52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END
PRODUCTS (FEBRUARY 2001)
(a) Definition.
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.
(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed endproducts from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Product
Listed Countries of Origin
(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.
( ) (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.
( ) (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that --
(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that
(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008)
Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. DISCLOSURE STATEMENT--COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any contract in excess of $650,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48
CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202.
When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below:
(1) Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: ______________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ____________________________________
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.
(2) Certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure Statement was filed as follows:
Date of Disclosure Statement: _______________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.
(3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $50 million (of which at least one award exceeded $1 million) in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
(4) Certificate of Interim Exemption.
The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in
(3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.
CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
( ) The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $25 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS
The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.
( ) YES ( ) NO
252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is (insert NAICS code).
(2) The small business size standard is (insert size standard).
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes tofurnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included inthis solicitation, paragraph (c) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeroris currently registered in CCR, and has completed the ORCA electronically, the offerormay choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
(__) Paragraph (c) applies.
(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) Web site at https://orca.bpn.gov/.
After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS clause No. Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of Provision)
Section L - Instructions, Conditions and Notices to Bidders
52.203-13 Contractor Code of Business Ethics and Conduct DEC 2008 52.203-14 Display of Hotline Poster(s) DEC 2007 52.203-15 Whstleblower Protections Under the American Recovery and
Reinvestment Act of 2009
MAR 2009
52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.204-7 Central Contractor Registration APR 2008 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.216-1 Type Of Contract APR 1984 52.216-2 Economic Price Adjustment - Standard…
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