HC1028-16-T-0115.docx

HC1028-16-T-0115

Section SF 1449 - CONTINUATION SHEET

Software Support - DoD NCR

FFP

Consolidated Regional Node Software Support Organizations: All DoD National Capital Area plus DoC (secret) AOC, DLA, Navy HQ, Joint Staff Part Number: AMHS-MT-CRNM-S-01-a FOB: Destination

PURCHASE REQUEST NUMBER: MIPR10838997

NET AMT

Software Support - DISA, AF, Army

Consolidated Regional Node Software Support Organizations: DISA, US AF, US Army Part Number: AMHS-MT-CRNM-S-01-a

NET AMT

Software Support - COCOMs

Consolidated Regional Node Software Support Organizations: AFRICOM, EUCOM, CENTCOM-BAHRAIN, CENTCOMHQ, STRATCOM Part Number: AMHS-MT-CRNM-S-01-a

NET AMT

Technical Services

Provide AMHS Technical Services in accordance with the Performance Work Statement..

NET AMT

Lot

Travel

COST

Travel in accordance with the Performance Work Statement. All invoices shall be provided to the Government for review and certification prior to submission for payment. After acceptance, the contractor shall invoice monthly. Travel shall be authorized, in writing, by the Government prior to performance. Travel shall be paid in accordance with FAR Part 31.205-46. All travel invoices shall be provided to the Government for review and certification prior to submission for payment.

ESTIMATED COST

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

as of April 28, 2016

1. Point of Contact (POC) .

a. Primary POC.

Department of Defense Activity Address Code (DODAAC):

W90A9L

Fort Belvoir, VA 22060

2. Contract or Task Order Title. Automated Message Handling System (AMHS) software support renewal and technical services.

3. Background.

The Joint Service Provider (JSP) Computing and Application Services Branch (OPS-CASB) operates 4 enterprise Automated Message Handling Systems (AMHS) located at both the Pentagon and an alternate site located in RM 3N100 at the Raven Rock Mountain Complex. AMHS systems make use of Storage Area Network (SAN) storage which is synchronously replicated between site locations to provide high availability service to users. Separate AMHS systems are connected to the Department of Defense (DoD) Non-classified Internet Protocol Router Network, Secure Internet Protocol Router Network, and Top Secret/Collateral networks and support web based access for DoD including Joint Staff, Office of Secretary of Defense , Defense Information Systems Agency (DISA), Army, Air Force, Navy, Marines, National Geospatial-Intelligence Agency, Missile Defense Agency , Defense Security Cooperation Agency Combatant Commands, and non-DoD agencies (White House, Department of Justice , Nuclear Regulatory Commission , and Red Cross)). The AMHS systems are components of the Organizational Messaging Service (OMS) and Information Transport Service (ITS) which enable AMHS system users to exchange organizational messages at different security levels between DoD and U.S. government agencies and externally with allied countries.

As a command and control messaging system, the AMHS falls under the configuration control and operational oversight of DISA as an approved and certified product. The AMHS is required by DISA to meet the stringent multi-security, multi-communications, and various command authorities compliance standards for complete interoperability. The AMHS has been Government tested, approved, and accredited for use within the OMS by DISA and certified by the Joint Interoperability Test Command for interoperability, full compliance with existing Multi Command Requirements Operational Capability, and required security specifications prescribed in the Allied Communications Publication 120& 123. This certification process is critical to the CAS’s OMS mission, as it identifies and targets software and hardware compatibility issues likely to cause system failures, and affords the ability to eliminate those issues and concerns of unacceptable mission failures or delays. In 2010, DISA certified and approved only one OMS user interface product, Telos’ AMHS.

4. Objectives:

The objective of this procurement is to obtain software support renewal and technical services for the Automated Message Handling System (AMHS) application. The work to be accomplished in the requirement will support the JSP’s mission in providing software/application support, software changes and software upgrades for the AMHS application.

5. Scope. The scope of this requirement is to provide software/application support functions for the licensed Telos AMHS. The JSP AMHS’ are used to support the Operations, Applications Services (OPS-CASB) enterprise AMHS systems located at the Pentagon and an alternate site located in RM 3N100 at the Raven Rock Mountain Complex.

The specific task areas addressed in this PWS are:

· Task 1 – Technical Support/Services

· Task 2 – Application Support

6. Performance Requirements.

The contractor shall provide software license renewal and support for the OPS-CASB Telos AMHS software applications in order to support the OMS and ITS organizational messaging interfaces. The OPS-CASB provides an enterprise distributed AMHS implementation that supports a diverse worldwide customer base.

6.1 Task 1 –Technical Support/Services.

The contractor shall provide Telos AMHS application support.

6.1.1. Actively assist and participate in government acceptance testing and operational implementation no more than four times per month. Through Government direction, this will be through collaborative teleconferences or direct participation at the government site (Pentagon or alternate site location).

6.1.2. Collaborate with the government in integration planning no more than four times per monthThis will be through collaborative teleconferences or direct participation at the government site, within the JSP architecture. This includes hardware specification support upgrades, support host operating systems upgrades, integration planning for the existing application database architecture, geo-graphical site clustering planning within government specified contingency plans, configuration management within the JSP specified process, and capacity and storage analysis and planning.

6.1.3 Participate in government sponsored working groups to discuss processes at the government site, no more than four times per month. Provide technical briefings in reference to product upgrades no more than two times per month for JSP management. Provide emergency problem resolution after each change or upgrade implementation.

6.1.4. Provide the Government with Implementation Plans (IP) for all planned product upgrades that require outages no later than 72 hours prior to product upgrades/outages. No upgrade shall result in degradation of functionality or service of the AMHS software applications.

6.1.5. The Contractor shall provide emergency/critical response and on-site support 24x7x365. The contractor shall not exceed two (2) hour response time for emergency telephonic support and shall not exceed eight (8) hours for on-site critical support from initial call requesting on-site support. Software updates and repairs will be completed within 24 hours. Trouble calls will be made telephonically with a two hour response time during prime hours and within 24 hours on weekends and holidays. The only government personnel authorized to call for support are the Primary POC identified above, OPS-CASB’s COR, OPS-CASB Branch Chief or team leads. A detailed list of POC’s will be provided on a separate document upon award.

Deliverables:

1. Implementation Plans

1. Technical Briefings

6.2 Task 2 – Application Support.

In support of the Telos AMHS application, the contractor shall provide the following support:

1. Provide software release notes for any changes or upgrades to the AMHS software made by the contractor via an installation CD to the Primary POC, identified above, no later than 24 hours after changes/upgrades are made.

1. Provide an updated AMHS User System Administration Manual as changes or upgrades are made by the contractor to the Primary POC, identified above, no later than 24 hours after changes/upgrades are made.

1. No more than four times per month, perform analysis, performance and interoperability testing, and provide to the Government, no later than 2 weeks after Government request assessments of proprietary Telos AMHS application’s operating systems and third party vendor software determined to be required in order to optimize system performance and operation.

Deliverables:

1. Software Release Notes via installation CD

1. User System Administrator Manuals

1. Interoperability Testing and Analysis

7.0. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

Government Furnished Property (GFP) includes, but may not be limited to: badges, common access cards (CAC), or other Government credentials). Initial GFP will be issued within 30 days of contract award; subsequent and replacement GFP will be issued within 15 days of approval by the POC.

The contractor is directly responsible and accountable for all GFP issued or placed in their care in conjunction with contract performance. Property must be properly controlled, maintained, and accounted for in accordance with Federal Acquisition Regulation (FAR) Part 45, Defense Federal Acquisition Regulation Supplement (DFARS) Part 245, Army Regulation (AR) 735-5, and established policies and procedures; and includes GFP in the possession, care, or control of subcontractors. The contractor shall establish and maintain a property management and control system to issue, control (protect, track, and safeguard), maintain, and report the status of all GFP. The contractor's property management and control system shall be in writing or maintained in electronic format. The contractor's property management and control system will be reviewed and, if satisfactory, pre-approved in writing by the POC.

The contractor shall maintain property control and conduct a 100% inventory semi-annually or as required by the POC. The contractor (or contractor personnel) may be financially liable for shortages, loss, damages, destruction, or improper use, or consumption of GFP issued or made available in conjunction with contract performance. The contractor shall report all cases of actual and suspected events to the POC in writing within 24 hours of the known (or suspected) incident. The contractor shall also furnish a written justification to substantiate any request for relief from property responsibility.

8. Performance Standards.

The Contractor service requirements are summarized in performance objectives that relate directly to mission-essential items. The performance threshold briefly describes the minimum acceptable levels of service for each requirement. The performance objectives do not constitute substitution or supersession of mandatory compliance standards set forth by the governing reference or guidelines; and in all situations the governing reference shall prevail; unless a written exception applies. These thresholds are critical to mission success

Task 6.1 Technical Support:

Provide support during emergency situations derived from software malfunction shall be attainable 24x7x365

Emergency telephonic support should not exceed (2) hour response time. On-site critical support should not exceed (8) hours from initial call requesting on-site support.

Monitor contractor response and onsite times through remedy tickets generated

Task 6.2 Application Support:

Provide application support

9. Place of Performance. Work will be performed at the contractor’s facility, located at 19886 Ashburn Rd, Ashburn, VA 20147. Government site visits to 6607 Army Pentagon Drive, RM 2C654 – Pentagon, Washington, DC 20310 or its alternate site located in RM 3N100 at the Raven Rock Mountain Complex to assist with software updates or changes may be required. Additionally, the Contractor shall be tasked to attend and/or conduct working group sessions, briefings, strategic planning sessions, or working conferences located at both Government and commercial locations as required. Contractor personnel shall be available to perform duties at either the OPS-ASD, or designated alternate site(s), based upon mission requirements. Travel shall be authorized, in writing, by the Government prior to performance. Travel shall be paid in accordance with FAR Part 31.205-46. All travel invoices shall be provided to the Government for review and certification prior to submission for payment.

Alternate Place of Performance - Contingency Only. As determined by the Contracting Officer’s Representative (COR), contractor employees may be required to work at an alternate place of performance (e.g., home, the contractor's facility, or another approved activity within the local travel area) in cases of unforeseen conditions or contingencies (e.g., pandemic conditions, exercises, government closure due to inclement weather, etc.). Non-emergency/non-essential contractors should not report to a closed government facility. Contractor shall prepare all deliverables and other contract documentation utilizing contractor resources. To the extent possible, the contractor shall use best efforts to provide the same level of support as stated in the PWS. In the event the services are impacted, reduced, compromised, etc., the Contracting Officer or the contractor may request an equitable adjustment pursuant to the Changes clause of the contract.

10. Period of Performance The period of performance is from date of award through November 8, 2016.

11. Delivery Schedule.

Initially and after each briefing

*Standard Distribution: 1 copy of the transmittal letter with the deliverable to the Primary POC.

12. Security Requirements.

This section shall be considered a supplement to block 13 of the Government provided DD 254, Contract Classification Specification. The following security requirements shall apply to this effort.

References:

a. DOD 5200.2-R, DOD Personnel Security Program.

b. DISAI 240-110-36, Personnel Security.

c. DOD 5220.22-M, National Industrial Security Program Operating Manual.

d. DOD 5220.22-R, Industrial Security Regulation.

e. DISA Computing Services Directorate (CSD) Security Handbook.

f. DODM 5200.01, Information Security Program, 24 February 2012

12.1 Facility Security Clearance. The Contractor shall abide by all agency rules, procedures, and standards of conduct. The Contractor and sub-Contractor personnel assigned to work on this contract shall be United States citizens and possess a Top Secret security clearance and a current Single Scope Background Investigation (SSBI) prior to start-of-work on this contract. The Contractor shall be required to adhere to the DD Form 254 (Contract Security Classification Specification),. The Contractor’s requests for visit authorization shall be submitted in accordance with DoD 5220.22M (Industrial Security Manual For Safeguarding Classified Material)

12.2 Security Clearance and Information Technology (IT) Level. All personnel performing on this contract will be U.S. citizens. There are two levels of personnel security requirements under this contract covering two types of positions:

12.2.1 The following types of positions require a minimum of final Top Secret security clearance and final IT-I (privileged level systems access) eligibility when performance starts. Immediately upon hire, the contractor will require Sensitive Compartmented Information (SCI) access eligibility adjudicated by the Defense Intelligence Agency (DIA) to perform their duties. SCI Processing for SCI eligibility will be coordinated with the supporting Government Security Manager and will begin immediately upon start of duty performance under this contract.

12.3 Investigation Requirements. All personnel requiring SCI, Top Secret or IT-I eligibility under this contract must undergo a favorably adjudicated Single Scope Background Investigation (SSBI) as a minimum investigation. The SSBI will be maintained current within 5-years and requests for Special Background Periodic Review (SBPR) will be initiated 90 days prior to the 5-year anniversary date of the previous SSBI or SBPR.

12.4 Adjudication for IT access. Adjudication of investigations for granting of interim or final IT-I access will be accomplished through DISA Security. An exception to this is that individual contractor employees with an SSBI or SBPR (within a 5-year scope) that is favorably adjudicated for a Top Secret security clearance by any of the Department of Defense adjudication facilities (DoD CAF and DICAF) will be automatically accepted for final IT-I access.

12.5 Interim IT access. Pending completion of a SSBI (for IT-I) and final adjudication for security clearance, contractor employees may be granted interim authorization to perform duties designated as IT-I. The interim authority for IT sensitive positions is the DISA Personnel Security Office.

12.5.1 Following are the requirements, which must be met prior to granting of interim IT-I authorization:

· The request for SSBI (E-QIP or Word Fillable SF 86 and fingerprint cards) must be submitted by the contractor Facility Security Officer (FSO) through the Defense Security Service (DSS) to the Office of Personnel Management (OPM) and the Department of Defense (DoD) Personnel Security Data Base (JPAS) must reflect that the investigation is open. A copy of the E-QIP or SF 86 forms must be submitted to the DISA Field Security Office, Security Manager (SM). The SM will forward the forms along with a written request for interim IT-I authorization to DISA Personnel Security for approval.

· The National Agency Check (NAC) portion of the SSBI or a previous valid NCLC/DNACI/NAC or ENTNAC must be completed and favorably adjudicated before interim IT-I access will be granted. An interim security clearance (either Top Secret or Secret, as appropriate for the position) should be requested by the company FSO for those contractor employees without a previous investigation.

12.6 Visit Authorization Letters. The Contractor will forward a Visit Authorization Letter (VAL) to the COR at the address listed in paragraph 1 above for all employees prior to the beginning of each contracting/task order period of performance and as new contractor employees are assigned to the contract:

The VAL shall be on company letterhead or pre-fabricated form and contain the following information:

Contract number with start and end dates

CAGE CODE

Company point of contact (POC) and telephone number Government POC/COR name and telephone number Complete legal name of employee(s) Social Security Number Security Clearance level, date granted, and Adjudication facility name, i.e. DISCO Type of personnel security investigation (PSI) pending or completed Date PSI completed

12.7 Information Security and other miscellaneous requirements.

12.7.1 Contractor personnel must comply with local security requirements for entry and exit control for personnel and property at the government facility.

12.7.2 Contractor employees will be required to comply with all Government security regulations and requirements. Initial and periodic safety and security training and briefings will be provided by Government security personnel. Failure to comply with Government security regulations and requirements will require the company to provide the Government with a remediation/corrective action plan; furthermore, failure to comply with such requirements can be cause for removal and the contractor will not be able to provide service on this contract.

12.7.3 The Contractor shall not divulge any information about DoD files, data processing activities or functions, user identifications, passwords, or any other knowledge that may be gained, to anyone who is not authorized to have access to such information. The Contractor shall observe and comply with the security provisions in effect at the DoD facility. Identification shall be worn and displayed as required.

12.7.4 DISA retains the right to request removal of contractor personnel regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interest of the Government.

12.7.5 Contractor personnel will generate or handle documents that contain FOUO information at Government facilities. Contractor shall have access to, generate, and handle classified material only at Government facilities. All contractor deliverables shall be marked at a minimum FOUO, unless otherwise directed by the Government. The contractor shall comply with the provisions of the DOD Industrial Security Manual for handling classified material and producing deliverables. The contractor shall comply with DISA Instruction 630-230-19.

12.7.6 The Contractor shall afford the Government access to the contractor’s facilities, installations, operations, documentation, databases and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of data or to the function of information technology systems operated on behalf of DISA or DoD, and to preserve evidence of computer crime.

13. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFE): None

14. Other Pertinent Information or Special Considerations. Government Furnished Information (GFI) includes (but may not be limited to) statistical information, operational procedures not passed down by the incumbent, and other related documentation as required by the Contractor in order to successfully perform all tasks contained within this Contract.

a. Identification of Possible Follow-on Work. Not Applicable.

b. Identification of Potential Conflicts of Interest (COI). In accepting and performing the work required by this contract, the Contractor certifies that such work does not constitute or will not create a conflict of interest due to any other work performed by the corporation. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts. A copy of the Understanding of Conflicts of Interest shall be delivered to the JSP/OPS COR NLT 10 days after initiation of this Contractor contract performance.

c. Identification of Non-Disclosure Requirements. Contractor personnel performing under this contract will have or may require access to privacy information, sensitive or classified messages or message content processed by JSP/OPS systems as well as specific and general system and network configuration information (e.g. IPs). Any Contractor having access to files or folders containing contractual or budgetary information shall sign an Individual Non- Disclosure Agreement. All other Contractor personnel shall adhere to the privacy act, title 5 of the U.S. code, section 522a and applicable agency rules and regulations. A copy of all Individual Non-Disclosure Agreements shall be delivered to the JSP/OPS COR NLT 10 days after initiation of this contract performance.

d. Packaging, Packing and Shipping Instructions.

e. Inspection and Acceptance Criteria. A monthly status report monitoring the quality assurance and management applied to the task order (as appropriate to the specific nature of the PWS) shall be electronically provided to the COR no later than the 10th day of the month immediately subsequent to the period being reported. The COR shall review and certify that the described work has been performed.

In the absence of other agreements negotiated with respect to time provided for Government review, deliverables shall be inspected and the Contractor notified of the Government’s findings within 5 workdays of normally scheduled review. Representatives of the Contractor will meet with the COR on a quarterly basis after receipt of the progress report to review performance, to inspect work in compliance with the PWS, the associated Contractor proposal, and to accept or reject deliverables completed since the previous review. In the event that the Contractor is excused from attending the final review, formal acceptance or rejection of deliverables will be accomplished by mail.

The Contractor shall verify that full Government inspection and acceptance of deliverables has been satisfied prior to submitting requests for payment within the invoicing.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. Contract or Task Order Title: Automated Message Handling System (AMHS) Support

2. Work Requirements:

· Task 1 – Technical Support/Services

· Task 2 – Application Support

3. Primary Method of Surveillance: Please refer to table for appropriate method of surveillance for each task area outlined.

4. Scope of Performance: The scope of this requirement is to provide software/application support functions for the licensed Telos AMHS. The JSP AMHS’ are used to support the Operations, Applications Services (OPS-CASB) enterprise AMHS systems located at the Pentagon and an alternate site located in RM 3N100 at the Raven Rock Mountain Complex.

The specific task areas addressed in this PWS are:

· Task 1 – Technical Support/Services

· Task 2 – Application Support

5. Performance Standards: The Contractor service requirements are summarized in performance objectives that relate directly to mission-essential items. The performance threshold briefly describes the minimum acceptable levels of service for each requirement. The performance objectives do not constitute substitution or supersession of mandatory compliance standards set forth by the governing reference or guidelines; and in all situations the governing reference shall prevail; unless a written exception applies. These thresholds are critical to mission success

Task 6.1 Technical Support:

Provide support during emergency situations derived from software malfunction shall be attainable 24x7x365

Emergency telephonic support should not exceed (2) hour response time. On-site critical support should not exceed (8) hours from initial call requesting on-site support.

Monitor contractor response and onsite times through remedy tickets generated

Task 6.2 Application Support:

Provide application support

6. Acceptable Quality Level (AQL): Please refer to table in paragraph 5 for appropriate AQL.

7. Evaluation Method: The contractor will provide initial proof of compliance with regulatory and compliance items contained in the contract. The Primary POC and the Contracting Officer (KO) will evaluate the initial submission and will conduct ad hoc reviews of the contractor's compliance throughout the remainder of the contract. The contractor will monitor compliance as required by FAR 52.222-50, Combating Trafficking in Persons, and report any issues to the KO.

8. Incentives (Positive and/or Negative): N/A

SECTION 508

The following Section 508 Accessibility Standard(s) are applicable to this acquisition (check as appropriate). Refer to the webaddress at http://www.section508.gov/content/learn/standards/quick-reference-guide to access a template that can be used to assist you in making preliminary assessments regarding the availability of E&IT products and services and in determining which standards may apply. Incorporate all applicable Section 508 standards in the requirements document of the purchase request package (ensure that standards shown here matches your statement of work).

Technical Standards X 1194.21 - Software Applications and Operating Systems

· 1194.22 - Web Based Intranet and Internet Information and Applications

· 1194.23 - Telecommunications Products

· 1194.24 - Video and Multimedia Products

· 1194.25 - Self-Contained, Closed Products

· 1194.26 - Desktop and Portable Computers

· 1194.41 - Information, Documentation and Support

Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance. This block shouldalso be checked to ensure that the minimally acceptable EIT is proposed.

Functional Performance Criteria

· 1194.31 - Functional Performance Criteria

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

08-NOV-2016

1777 N. KENT STREET, SUITE 4200

ROSSLYN VA 22209

JEREMY ZELMAN

703-588-8521

W90A9L

08-NOV-2016

W90A9L

08-NOV-2016

W90A9L

08-NOV-2016

W90A9L

08-NOV-2016

W90A9L

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 POINTS OF CONTACT (AUG 2005)

Contracting Officer Name: Kimberly Hampel Organization/Office Symbol: DISA/DITCO/PL8321 Phone No.: 618-229-9392 E-Mail Address: Kimberly.M.Hampel.civ@mail.mil

Contract Specialist Name: Michael Morris Organization/Office Symbol: DISA/DITCO/PL8321 Phone No.: 618-229-9231 E-Mail Address: Michael.F.Morris16.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

52.204-9001 CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR-HOURS (JAN 2007)

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

(End of provision)

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 Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan 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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The name, address, and telephone number of the offeror;

(3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(4) Price and any discount terms;

(5) "Remit to" address, if different than mailing address;

(6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(7) Acknowledgment of Solicitation Amendments;

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(e) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(f) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(g) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(h) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. No additional terms and conditions will be accepted. The following factors shall be used to evaluate offers:

(b) Technically Acceptable Proposal: Offerors’ proposals shall demonstrate a clear understanding of the technical requirements and a comprehensive, systematic approach to accomplishing tasks in all areas identified in the Request for Quote (RFQ) and constraints specified in this solicitation. Failure to be found technically acceptable will result in the offeror being ineligible for award.

(c) Price Reasonable Proposal: The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format. DISA will perform an evaluation of the offeror’s technical proposals and proposed costs to ensure the solution costs are reasonable and appropriate.

(1) The offeror’s cost/price proposal will be evaluated for completness and reasonableness. The total evaluated will be the sum of all CLINs.

(2) Evaluation of options shall not obligate the Government to exercise such options.

(3) The offeror’s price proposal will be evaluated as defined in FAR 15.404.

(4) The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) 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 eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

(2) Does not include information or informational materials the export of which the…