HC102813R0015Amd0004.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

The following have been added by full text:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_x _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

____ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (11) [Reserved]

____ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

_x__ (14) 52.219-8, Utilization of Small Business Concerns (July 2013) (15 U.S.C. 637(d)(2) and (3)).

_x__ (15)(i) 52.219-9, Small Business Subcontracting Plan (July 2013) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Jul 2010) of 52.219-9.

____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____ (ii) Alternate I (June 2003) of 52.219-23.

____ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (July 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

_x__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (15 U.S.C. 637(m)).

_x__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 3126).

_x__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_x__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_x__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_x__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

____ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

____ (ii) Alternate I (Dec 2007) of 52.223-16.

____ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_x__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (MAR 2012) of 52.225-3.

(iii) Alternate II (MAR 2012) of 52.225-3.

(iv) Alternate III (NOV 2012) of 52.225-3.

____ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

____ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x__ (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (50) 52.232-36, Payment by Third Party (July 2013) (31 U.S.C. 3332).

_x__ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

_____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

_____ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_____ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) The following have been deleted:

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been modified:

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541519.

(2) The small business size standard is $25,000,000.00.

(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 to furnish a product which it did not itself manufacture, is 150 employees.

(b) Representations.

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

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ) is, ( ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(8) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: --------.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

“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 concern eligible under the WOSB Program.

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 the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women; 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.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

SECTION L

SECTION L

INFORMATION TO OFFERORS AND INSTRUCTIONS FOR PROPOSAL PREPARATION

1.0 Program Structure and Objectives

The purpose of this initiative is to obtain a reliable, responsive, and cost effective information storage infrastructure of “on-demand” enterprise services for specified operating environments at DISA and/or DISA-approved storage locations, which are both in the continental United States (CONUS) and outside of the continental United States (OCONUS). DISA’s goal is to obtain a dynamic, scalable storage capability utilizing an on-demand service approach for new equipment, that will readily adjust to changes in storage and throughput requirements, both increases and decreases, and is priced on a utility “as used” basis.

The service provider will acquire, install, uninstall, transport, configure, and provide the necessary services to provide hardware (including cabinets/racks/cabling/cable management/PDUs), hardware maintenance and related software and services to support the storage solutions and infrastructure associated with this contract. The Government will maintain day-to-day operational control of the storage environment and complete oversight responsibility. This operational control includes the installation of all software updates after the initial delivery.

2.0 General Instructions

a. This section of the Information to Offerors provides general guidance for preparing proposals, as well as, specific instructions on the format and content of the proposal. The Offeror's proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The offer must be compliant with the requirements as stated in the PWS. Non-conformance with the instructions provided in this Information to Offerors may result in removal from the competition.

b. The proposal should be clear, concise, and must include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but rather provide a convincing rationale to address how the Offeror intends to meet these requirements. Offerors should assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror's proposal.

c. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

d. The proposal acceptance period is specified in Section A of the solicitation. The Offeror must make a clear statement in Section A of the proposal documentation volume that the proposal is valid through this date.

e. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

f. Please note: The Government intends to award without discussions but reserves the right to conduct discussions as part of the evaluation process.

g. Please note: The Government may utilize the expertise of a non-government advisor. Non-Government advisors, if used, would be technical experts currently working as contractor support to the program, or source selection experts assisting form a process perspective. Non-Government advisors are not allowed access to completed CPARs (FAR 42.1503(b)); however, in order to make judgments, they are allowed access to portions of an offeror’s proposal for which the advisor’s expertise is required in the evaluation.

The company name and address for the Non-Government Advisor is:

Kepler Research, Inc.

1530 Wilson Blvd. Suite 600

Arlington, VA 22209

2.1 General Information

2.1.1. Points of Contact

The Contracting Officer (KO), Jacqueline Johnson (Jacqueline.D.Johnson20.civ@mail.mil), and Contract Specialist (CS), Danette Wesselmann (Danette.L.Wesselmann.civ@mail.mil), are the only authorized points of contact for this procurement. Address any questions or concerns you may have to the KO and CS. Requests for clarification must be sent electronically to the KO and CS at the email addresses located in Section A of the solicitation. All questions must be submitted using the template provided as Atch J-6, Question/Answer Submission Template.

2.1.2. Debriefings

The KO and CS will notify Offerors of any decision to exclude them from the competitive range; whereupon, they may request and receive a debriefing in accordance with FAR 15.505. Offerors excluded from the competitive range may request a pre-award debriefing or they may choose to wait until after the source selection decision to request a post-award debriefing. However, Offerors excluded from the competitive range are entitled to no more than one debriefing for each proposal. The KO and CS will notify unsuccessful Offerors in the competitive range of the source selection decision in accordance with FAR 15.506.

2.1.3. Discrepancies

If an Offeror believes that the requirements in these instructions contain an error or omission, the Offeror should immediately notify the KO or CS in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

2.1.4. Electronic Reference Documents

All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at http://www.fedbizopps.gov. Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the FedBizOpps website for this solicitation. Firefox is the recommended browser to be used for the following instructions.

Also, potential offerors must also be registered on the DITCO Contracting Opportunities web site, https://www.ditco.disa.mil/dcop. If the offeror has an existing account (i.e. registered with DITCO for a prior solicitation) it is not necessary to re-register. The offeror may use that existing account to upload this proposal. If the offeror is required to register on the DITCO web site, during the registration process, choose the option for "The solicitation requires vendor registrations for eligibility." The offeror will then be prompted to enter the Request for Proposal (RFP) number. The RFP number entered at this point is only used to help DITCO prioritize the order in which to review and approve the registration requests. Upon completion of the on-line registration process, a DITCO representative will review and approve the registration request before the offeror will be given access to the protected areas of the web site. As soon as the registration has been approved, an email will be sent to the email address of the person who registered. The email will contain a user id and password that will be needed when uploading proposals. The approval of the registration request usually takes about one business day. This registration process allows DITCO to precisely track when proposals are uploaded (or attempted to be uploaded). Offerors are strongly encouraged to register a minimum of one week prior to uploading a proposal to ensure the proposal upload is accomplished by the closing date and time. Offerors should also attempt to upload their proposal as early as possible to ensure no problems arise at the last minute. If you have any problems, please contact the DITCO customer service center at (618)229-9333.

In order to respond to this solicitation, the offeror must upload a complete proposal to the DITCO web site at https://www.ditco.disa.mil/dcop no later than the time and date specified in Section A. It will be necessary to use a web browser with 128-bit (domestic strength) encryption. Secure Sockets Layer (SSL), ensuring the confidentiality of the submission, will protect the proposal submission web session. The DITCO Contracting Opportunities web site provides a link for offerors to test the upload process. This test link can be found on the web site's home page, https://www.ditco.disa.mil/dcop, in the right side menu under the heading, Test the Upload Process, RFP Number, HC1028-13-R-0015. If you have any problems the DITCO Customer Service Center at (618) 229-9333.

2.1.5 Communications

Exchanges of source selection information between Government and Offerors will be controlled by the contracting officer and/or contract specialist. Formal communications such as requests for clarification and/or information concerning this solicitation should be submitted by electronic mail addressed to the following: danette.l.wesselmann.civ@mail.mil. Email may be used to transmit such information to Offerors only if the email can be sent and received encrypted and includes “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line.

2.2 Organization/ Page Limits

The Offeror must prepare the proposal as set forth in the Proposal Organization Table (Table 2.2 below). The titles and contents of the volumes will be as defined in this table, all of which must be within the required page limits (printed and electronic) and with the number of copies as specified in Table 2.2.

Table 2.2 - Proposal Organization

Number

(Electronic)

PAGE LIMIT

I

II

RFP Attachment J-2

III

Organizational Documentation – 1 Summary Page, 1 pamphlet or 1 commercial document.

Past performance efforts - 40 total pages – Cannot exceed a total of 4 pages each to include Attachment L-3, Attachment L-3 – 4 pages per effort.

Offerors must submit a minimum of two references for the offeror/prime, teaming partner, and/or joint venture partner (within the same division or cost center) and a minimum of two references for each subcontractor as stated in L-2 para b. Consent letters cannot exceed a total of 2 pages. Client Authorization letters cannot exceed 1 page.

IV

V

Proof of Concept

If Required

N/A

2.2.1 Page Limitations

Page limitations will be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and excess paper copies will be returned to the Offeror as soon as practicable. Page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the Offerors. Each page will be counted except the following: Cover pages, tables of contents, tabs, glossaries.

The response to the PWS should be constructed in the Proposal Format provided (RFP Attachment J-2) and will include all the Government requirements identified in the Proposal Format. This represents the technical management portion of the offeror’s proposal.

2.2.1.1. Page Size and Format

(a) A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it will be counted as two pages. Page size will be 8.5 x 11 inches for typed text. Pages should be typed with 1.5 line spacing. Except for the reproduced sections of the solicitation document, the text size will be no less than 10 point Ariel, Times New Roman or Courier New font for all text. Tracking, kerning, and leading values should not be changed from the default values of the word processing or page layout software. Use at least 1 inch margins on the top and bottom and ¾-inch side margins. Pages should be numbered sequentially by volume. These page format restrictions also apply to responses to ENs. These limitations apply to both electronic and printed hard copy proposals.

(b) Legible tables, charts, graphs and figures may be included wherever practical within the volume to depict organizations, systems and layout, implementation schedules, plans, etc. These displays are included in the total page count and should be uncomplicated, legible, and may not exceed 11 by 17 inches in size. For tables, charts, graphs and figures, the text should be no smaller than 10 point Ariel, Times New Roman or Courier New font. The entire volume cannot be submitted in a table format. These limitations apply to both electronic and printed hard copy proposals.

2.2.2 Cost or Pricing Information

All cost or pricing information should be addressed ONLY in the Cost/Price and Contract Documentation Volumes.

2.2.3 Classified Information

No classified requirements exist for the ESS II. Security requirements are outlined in the DD254 (RFP Attachment J-5).

2.2.4 Cross-Referencing

To the greatest extent possible, each volume should be written on a stand‑alone basis so that its contents may be evaluated without referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. The Offeror should fill out the cross reference matrix at Attachment L-1 of this Instruction to Offerors indicating the proposal reference information as it relates to the RFP, PWS, and CLIN/SLIN numbers references found therein.

2.2.5 Glossary of Abbreviations and Acronyms

Each volume should contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

2.3 Electronic Offers

(a) The Government will evaluate ONLY softcopy versions of the Offeror’s proposal over the Internet using a web-based source selection tool. Use of the software and procedures described in this section will reduce the amount of time and effort needed by the Government to receive and install proposals into an electronic evaluation system and will help to ensure that proposals are suitable for reading electronically. Information regarding electronic products listed herein should not be construed as Government endorsement for such products.

(b) As indicated above, and except as otherwise identified, all proposals must be submitted in Adobe Acrobat PDF, Version 9.0 or newer. Offerors may use the Acrobat Link feature for cross-references that are electronically linked, and linked files must be contained in the same directory. The Acrobat Bookmark feature may also be used for document navigation; however use of the Acrobat Notes feature is prohibited. Offerors may use the ‘Optimize’ feature of Adobe Acrobat to decrease file size and prepare them for viewing on the Internet. Offerors are encouraged to limit file size to 1MB to reduce delay in downloading proposals over the Internet. The Offeror should prepare a “readme” file, which describes the organization and layout of the proposal’s softcopy submission and exceptions to Adobe Acrobat. Proposal documents required to be submitted in other than Adobe Acrobat PDF media are described in paragraph above.

(c) Page Numbering. The Offeror must use a standard page numbering system to facilitate proposal references. Consecutive page numbering within sections is preferred, e.g. Page I-2-5, indicates Part I, Section 2, page 5. Charts, graphs and other insert materials should be page-numbered as part of the page numbering system.

3.0 Volume I ‑ Executive Summary

In the executive summary volume, the Offeror will provide the following information:

3.1 Narrative Summary

The narrative summary of the entire proposal should be concise, to include addressing the significant risks, and highlighting any key or unique features, excluding cost/price. Discussion of the salient features should tie in with Section M evaluation factors/subfactors in the following order: Technical/Management, Factor 1 -- Subfactor 1 (Technical Solution); Subfactor 2 (Service Delivery); Subfactor 3 Proof of Concept, Past Performance, Factor 2 and Cost/Price, Factor 3. Any summary material presented here will not be considered as meeting the requirements for any portions of other volumes of the proposal.

3.2 Table of Contents

Include a master table of contents of the entire proposal.

4.0 Volume II – Technical/Management Volume

4.1 General

The Technical/Management Volume should be specific and complete. Your responses will be evaluated against the technical/management subfactors defined in Section M, Evaluation Factors for Award. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying these subfactors. All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that your firm will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

4.2 Format and Specific Content

Please construct and present your responses according to and within the Proposal Format. Ensure your responses in the Proposal Format address the following:

Volume II-

Technical/Management - Factor 1

Subfactor 1: Technical Solution

Subfactor 2: Service Delivery

Subfactor 3: Proof of Concept

4.2.1 Technical/Management

In the technical/management volume, address your proposed approach to meeting or exceeding the minimum performance or capability requirements of each technical/management subfactor, as well as, the risks in your proposed approach in terms of technical/performance, cost, and/or schedule. Offerors should discuss how their solution will introduce new technology during the life of the contract period. The Proposal Format is the technical/management volume. All information for your approach will be identified directly in the Proposal Format (RFP Attachment J-2). All information provided in the PWS will be included in the final contract award.

4.2.1.1. Technical/Management Risk

Address technical/management risk by identifying those aspects of the PWS requirements you consider to have the potential for disruption of schedule, increased cost, poor performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract performance. Classify each risk in accordance with the table below.

TABLE 4.1 – TECHNICAL RISK RATINGS

Provide the rationale for each risk and its rating, including quantitative estimates of the impact on cost, schedule, and performance. Describe the impact of each identified risk in terms of its potential to interfere with or prevent the successful accomplishment of other contract requirements (e.g., PWS or specification requirements), whether or not those requirements are identified as subfactors. Propose a realistic “workaround” or risk mitigators for identified risks that will eliminate or reduce risk to an acceptable level. Identify and classify any new risks introduced by such risk mitigation.

4.2.2 Proof of Concept.

If a Proof of Concept Demonstration is required ALL Offerors in the competitive range will be required to demonstrate their proposed technical/management solution to members of the SSEB at the Offeror's own demonstration location. The Proof of Concept demonstration is at the Offeror’s own expense. The Proof of Concept Demonstration is designed to validate the Offeror's solution in all aspects of the technical/management area. The Proof of Concept Demonstration will test all five (5) supported environments referenced in Task 3, 6.3.1 of the PWS. If a Proof of Concept Demonstration is required, a detailed test plan, together with any government provided data required to be used in the demonstration, will be provided to each Offeror 14 calendar days prior to the demonstration. Offerors will be given up to five days to present their solution if a Proof of Concept Demonstration is required.

4.2.3 Volume II Organization

The Technical/Management volume II must be organized according to the following general outline:

(1) Table of Contents

(2) Proposal Format

5.0 Volume III – Past Performance – Factor 2

5.1 General

Each Offeror must submit a past performance volume with its proposal, containing past performance information in accordance with the format contained in Attachment L-2, Past and Present Performance Information. This information is required on the Offeror and subcontractors, teaming partners, and/or joint venture partners who are proposed to perform at least 40% of the proposed effort based on the total proposed price or perform aspects of the effort the Offeror considers critical to overall successful performance. Offerors are cautioned that the Government will use data provided by each Offeror in this volume and data obtained from other sources in the evaluation of past performance including Government knowledge of the Offeror and its team partners past performance with the agency.

Along with the information required in this paragraph, the Offeror must submit a consent letter executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the Offeror so the Offeror can respond to such information. Consent letters cannot exceed two pages. For each identified effort for a commercial customer, the Offeror should also submit a client authorization letter, authorizing release to the Government of requested information on the Offeror's performance. Client authorization letters cannot exceed more than one page. See Attachments L-6 and L-7 for sample consent and client authorization letters.

5.2 Relevant Contracts

Submit information in accordance with the past performance information using the format contained in Attachment L-2, Past and Present Performance Information for the offeror/prime and subcontractors on a minimum of 2 recent (active within the past three years from the date of the solicitation) contracts or orders in all task areas or two contracts or orders with substantial capacity services and /or storage capability. This information is required on the offeror/prime, teaming partner, and /or joint venture partners, and subcontractors proposed to perform at least 40% of the proposed effort based on the total proposed price, or perform aspects of the effort the Offeror considers relevant to overall successful performance. The total of Past and Present Performance Information references will not exceed 4 of which 2 must be for the offeror/prime and teaming partner/joint venture partner/subcontractor that may perform more than 40% of the requirement. Total page count will not exceed 40 pages. Include rationale supporting your assertion of relevance. For a description of the characteristics or aspects the Government will consider in determining recency and relevance, see Section M, provision M002 - Evaluation Factors, paragraph C - Past Performance Factor.

5.2.1 Specific Content

Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort and to what aspects of the proposed effort they relate. Categorize the relevant information into the specific technical/management subfactors and cost/price factor used to evaluate the proposal.

5.2.2 Organizational Structure Change History

Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this procurement. To facilitate this relevancy determination, include in this proposal volume a "roadmap" describing all such changes in the organization of your company. A pamphlet or other commercial document describing such reorganizations may suffice. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation/performance confidence assessment. Since the Government intends to consider past performance information provided by other sources, as well as that provided by the Offerors, your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

6.0 Volume IV - Cost/Price

6.1 General Instructions

6.1.1 Cost/Price Reasonableness

This section is to assist the offeror in submitting information other than cost or pricing data that is required to evaluate the reasonableness of your proposed cost/price. Additionally, unbalanced pricing poses an unacceptable risk to the Government and may be a reason to reject an Offeror’s proposal. Offers should be sufficiently detailed to demonstrate their reasonableness.

6.1.2 Cost/Price Information

All information relating to the proposed price, including all required supporting documentation must be included in the section of the…