HC1028-18-R-0086_RFP_Amend_01.docx

HC102818R0086

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

CONTINUATION PAGE

Continuation Page Amendment 01:

RFP Amendment 01 is issued to provide the Government responses to the questions received in response to the request for proposal.

The following changes were made to the RFP as the result of the Government responses:

· Changes were made to PWS tasks/subtasks, 6.3; 6.3.3; 6.4; 6.4.6; 6.4.7; 6.7.8 and 12.

· Clause 52.219-1 is updated to reflect NAICS 541512.

· Clauses, 52.219-1; 52.219-1 Alt I; 52.209-5; 52.209-11; 52.209-9000; 52.219-28; 52.222-25; and 252.209-7993 are moved to Section K-Representation, Certifications and Other Statements of Offerors.

· RFP Section L, L2.2, Table 2 is changed to increase the Technical/Management page limitation to 30 pages vice 20 pages.

· RFP Section L, L.2.3 extends the proposal due date to July 13, 2018; 10:00 am (CT).

· RFP Section L, L7.1 is revised.

· RFP Section L, L7.1.5 is updated to remove Section H.

· Section L, Attachment L-1 is revised to update the past performance information sheet.

· Section L, Attachment L-4 is revised to incorporate the latest version of the DD254.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

as of June 27 2018

1. Contracting Officer Representative (COR).

a. Primary COR.

Organization:

Department of Defense Activity Address Code (DODAAC):

Address:

Phone Number:

Fax Number:

E-Mail Address:

b. Alternate COR.

Organization:

DODAAC

Address:

Phone Number:

Fax Number:

E-Mail Address:

2. Contract Title. Naval Circuit Management Office Program Management

3. Background. The mission of the Defense Information Systems Agency (DISA) is to plan, engineer, develop, test, acquire, implement, operate, and maintain information systems for Command, Control, Communications, Computers and Intelligence (C4I) mission support under all conditions of peace and war. Consistent with this mission, the Agency's primary goal is to provide quality information services to the Department of Defense (DoD), with emphasis on supporting the needs of the military services. One of the Agency’s initiatives for achieving this goal includes the implementation, operation, and maintenance of the Defense Information System Network (DISN).

To manage DISN implementation efforts and long distance communications for the Department of the Navy, the Naval Communications Management Office (NCMO) was established. It is the mission of the Long Haul Communications Division, N813, to act as the central office for designing, provisioning and managing long-haul telecommunications resources and assets (circuits and network requirements) associated with the Department of the Navy, Department of Defense (DoD), and other federal long-haul telecommunications systems and networks. N813 develops plans, policies, and procedures to insure timely and cost-effective methods for provisioning of Navy telecommunications requirements. N813 also coordinates the biennial review and revalidation of leased communications services, facilities and equipment.

4. Objectives. The objective is to provide support services to the NCMO program office to enable them to perform their assigned tasks in support of the mission as described above. With these support services, the NCMO staff can provide additional capabilities to care for customer requirements as the demand on the network ebbs and flows through additions, modification and deletion of network components.

5. Scope. The contractor shall provide contract-level management to include administrative, clerical and documentation support services, including planning for deployment of reserve and contingent military units. The contractor shall provide, in compliance of this PWS, implementation support to include planning and test and evaluation activities on a wide range of communications equipment, networks and provisioning requirements. The contractor shall provide technical documentation support in the management of DISN inventory to transition services onto the DISN. The contractor shall create, operate and manage databases consistent with the provisioning of circuits and contain any historical information necessary to support continued operation.

5.1 Identification of Possible Significant Growth. The Government may require surge support during the base or any option period, and surge modifications will be within the scope of the contract and provide increased support for the defined task areas of this PWS. Surge support over the life of the contract will not exceed 49% of the contractor’s total proposed cost/price for the base and all option periods, excluding any six-month extension of services pursuant to FAR 52.217-8.

6. Performance Requirements.

6.1 Task 1 - NCMO Leadership Support:

The NCMO Leadership is responsible for directing and oversight of all activities of the NCMO to ensure long haul terrestrial connectivity, IP address Management, and Circuit Portfolio Management for the Department of Navy and Marine Corps; ensures all configurations meet customer requirements with the most cost effective approach, as NCMO is responsible for the management of the Office of the Chief of Naval Operations’ (OPNAV) funding.

Contracting team assigned will perform activities and duties in support of the NCMO Division Director, Division Leads, and any appropriate personnel identified to improve the overall operational activities of the NCMO.

Contractor shall work with the NCMO Division Director, Division Leads, and any appropriate personnel identified by the Director/Leads to perform this activity.

The contractor shall define change criteria; review, assessment, and validation of organizational structures and processes; outlining NCMO specific mission, vision, and goals; review and implementation of recommended alternatives to improve upon the NCMO’s mission, vision, functions and tasks to provide improved overall value to the Navy. The contractor shall work with team leads to manage/share resources.

6.1.1 Subtask 1. The contractor shall provide expert and objective management support to assist in facilitating and executing NCMO’s goals inclusive of strategic, financial, operational, and tactical requirements.

6.1.2 Subtask 2. The contractor shall provide capability in a broad spectrum of business transformation approaches, methods, tools, and techniques encompassing: Organizational Design and Development; Process Design and Development to include LEAN and Six Sigma; Strategic Planning; Customer Relationship Management (CRM); Change Management and Facilitation.

6.1.3 Subtask 3. The contractor shall provide IT Portfolio Management support services for 38 Naval major commands.

6.1.4 Subtask 4. The contractor shall design and develop training, communicate all planning and delivery, promote organizational culture improvement initiatives, and manage human capital and employee performance.

6.1.5 Subtask 5. The contractor shall ensure Standard Operating Procedures (SOPs) are maintained and kept current for internal and external training and turnover purposes.

6.1.6 Subtask 6. The contractor shall provide continuous process improvement (CPI).

6.1.7 Subtask 7. The contractor shall initiate, plan, implement, monitor and control NCMO functional and process performance management.

Task 1 Deliverables:

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· Standard Operating Procedures for all Processes/Procedures

· Monthly Status Report

· Training manuals delivery schedules

· Brief preparation and presentation

· Team Integration

· Studies and Reports

· Recommendations to improve upon the NCMO’s mission, vision, functions and tasks.

6.2 Task 2 - Mission Support:

NCMO’s Mission Support Division provides business support to the NCMO organization through oversight of funding, circuit contract management, the review and interpretation of policies that may directly and indirectly influence the NCMO, process improvement, and maintaining business metrics and goal achievements, and NCMO organizational support services planning and execution.

6.2.1 Subtask 1. The contractor shall provide policy and governance review and oversight to include review, interpret and assessment of all relevant Department of Defense (DoD), Department of the Navy (DON), Navy Information Forces (NAVIFOR), and DISA Instructions, Directives and policies for maintenance of NCMO’s Mission Functions & Tasks (MF&Ts). Development of communication policy and/or procedures.

6.2.2 Subtask 2. The contractor shall provide NCMO Knowledge Management via Microsoft Office SharePoint. Contractor shall monitor internal and external portals for Personally Identifiable Information (PII) and archive documents approximately once per year.

6.2.3 Subtask 3. The contractor shall carry out all administrative duties, such as filing, typing, note-taking, copying, answering and directing phone calls, organizing/scheduling meetings and appointments.

6.2.4 Subtask 4. The contractor shall prepare briefs, and produce/distribute correspondence and documentation.

Task 2 Deliverables:

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· SOP Documents for all Processes/Procedures

· Annual archive of documents on internal and external portals

6.3 Task 3 - Order Management:

The NCMO Order Management Division is responsible for acting on customer requirements, as received through the DISA’s Storefront Application, to ensure Telecommunication Requests (TRs) are processed properly and within established timeframes; provides customer support to gain further information on specific TR specifications as well as answer and address any additional customer inquiries and concerns. Contracting team assigned to perform activities and duties within the Order Management Division will work with the NCMO Division Director, Division Leads, and any appropriate personnel identified to perform the necessary and appropriate operational activities. Contracting team will perform the duties associated with Storefront’s roles, including Authorized Approving Official (AAO), Authorized Billing Official (ABO), Authorized Requesting Official (ARO), Authorized Tracking Official (ATO), Review and Revalidation (R&R), Routing List Official (RLO), and Subscription Official (SO).

6.3.1 Subtask 1. The contractor shall provide daily circuit provisioning; process and route all incoming Telecommunications Requests (TRs), approximately 1,000 TRs per month, and provide telecommunications request assistance to customer on a daily basis.

6.3.2 Subtask 2. The contractor shall manage approximately 4,000 DISA Storefront user roles for Naval customers, providing visibility on key roles and provide guidance and support.

6.3.3 Subtask 3. The contractor shall manage Review and Revalidation (R&R) for all 38 Naval major commands. R&R will be performed every 2 years for 35,000 long haul line items (staggered throughout the year) utilizing both a Navy unique R&R tool (within CIMTS) and DISA’s R&R tool.

Task 3 Deliverables:

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· Standard Operating Procedures for all Processes/Procedures

· Telecommunication Requests

· Current Telecommunications Service Inventory

· Monthly report on all services reviewed and revalidated

· Forecast of services with upcoming R&R due dates

· Organize and deliver training to internal and external customers on Storefront and R&R processes

6.4 Task 4 - Circuit Information Management Toolset Support (Task 4 requires TOP-Secret clearance)

The Circuit Information Management Toolset (CIMTS) provides the NCMO with the capability to automate the Office of Record (OOR) and Navy Network Information Center (NNIC) requirements, ticket processing requirements, provide visibility of various projects the NCMO is currently working on, as well as act as the central mechanism for Naval customers to reach all data types needed for proper enterprise network management. Both the OOR and the NNIC act as a central reporting mechanism for data retrieval, allowing Naval customer’s one consolidated repository for most of their circuit and IP address portfolio management needs.

Contracting team assigned to perform activities and duties associated with CIMTS development and maintenance support will work with the NCMO Division Director, Division Leads, and any appropriate personnel identified to perform the necessary and appropriate operational activities. The software development environment/platform is Microsoft Visual Studio, Microsoft Server 2008 r2, Microsoft Server 2012 r2.Web Server Environment is Microsoft Internet Information Services (IIS). Database Server Environment is currently ORACLE 11g/12c, but will be Microsoft SQL Server. CIMTS/NNIC programming/scripting languages include:

C#, JavaScript, HTML, XML, ASP.NET, PSSQL (for ORACLE), MSSQL (Microsoft SQL Server), Batch Scripting (for admin scripts), Power Shell Scripting (for admin scripts), Visual Basic Scripting (for admin scripts).

6.4.1 Subtask 1. The contractor shall support NCMO operations and continue to identify processes in the organizations that will benefit from automation and system refinement and enhance CIMTS functionality.

6.4.2 Subtask 2. The contractor shall define, plan, implement, and deliver approximately 5 additional modules for the CIMITS application that will facilitate the process automation and refinement; gather and document all related requirements; and complete testing once changes have been implemented.

6.4.3 Subtask 3. The contractor shall prepare quarterly recommendations for telecommunication inventory business rules to be implemented in CIMTS.

6.4.4 Subtask 4. The contractor shall identify and define the risks, benefits, and limitations of inserting new technology into the existing system/architectures and developing prototype solutions.

6.4.5 Subtask 5. The contractor shall provide functional demonstrations of CIMTS once per quarter.

6.4.6 Subtask 6. The contractor shall have all necessary access and provide full support for the CIMTS Contingency Plan development, Certification and Accreditation (C&A) process, and STIG compliance for renewal of Authority to Operate (ATO) to include the development of written plans, testing for and evidence of STIG compliance, Plan of Actions and Milestones (POA&M), and scorecard for the C&A package.

6.4.7 Subtask 7. Because CIMTS requires input from DoD systems, such as Storefront and TIBI, the contractor shall provide support for the Software Engineering efforts that include the software design, development, implementation, test, deployment, and documentation of prototype and operational systems and enhancements for existing Joint systems. Utilization of certified software and computer personnel (Security Plus Level 1 certification at minimum) shall also be required.

6.4.8 Subtask 8. The contractor shall create and manage web service operations and resources. Managing the connection to DISA that will be used to host web services to our Naval customers. Creation and management of customer accounts, USER ID/Passwords, user access to the various types of operations that can be performed on a Web Service and its associated files.

6.4.9 Subtask 9. The contractor shall support and uphold the performance, integrity and security of the database via database administration.

Task 4 Deliverables:

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· Standard Operating Procedures for all Processes/Procedures

· Project Plan and Status Report

· Project Timeline

· Requirements Documentation and Traceability

· Deploy CIMTS production web applications to SIPRNET

· Organize and deliver training on CIMTS application and modules

6.5 Task 5 - Business Relationship Management Support

The Business Relationship Management (BRM) Division within the NCMO is responsible for understanding the services and capabilities of the organization, fulfilling the needs of the customers, and considering potential stakeholders’ constraints to build, maintain, and lead successful relationships with any and all external business partners; provides both strategic direction and tactical support to the NCMO customers and stakeholders to include but not limited to OPNAV, the Secretary of the Navy (SECNAV), United States Marine Corps (USMC), NMCI, Echelon IIs, COCOMs, DISA, and commercial service providers.

Contracting team assigned to perform activities and duties within the Business Relationship Management Division will work with the NCMO Division Director, Division Leads, and any appropriate personnel identified to perform the necessary and appropriate operational activities.

6.5.1 Subtask 1. The contractor shall provide customer-facing point of contact (POC) for terrestrial circuit and IP address life-cycle issue management to include customer and stakeholder communication; educate stakeholders to NCMO’s mission, vision, and value in supporting the DON enterprise.

6.5.2 Subtask 2. The contractor shall develop capabilities and interactions between NCMO and stakeholders in evaluating and reporting on suppliers’ performance and costs, providing comparisons to identify the most cost conscious options.

6.5.3 Subtask 3. The contractor shall provide support with special projects such as the BRAC, Networx 2020, Low-Speed Time Division Multiplexi (LSTDM) and circuit modernization projects.

6.5.4 Subtask 4. The contractor shall manage 38 Naval circuit portfolios and gather future requirements.

6.5.5 Subtask 5. The contractor shall provide monthly program reporting and metrics for 35,000 Naval long haul line items.

6.5.6 Subtask 6. The contractor shall provide subject matter expertise for special projects associated with designing, provisioning and managing long-haul telecommunications resources and assets (circuits and network requirements) for Department of the Navy, Department of Defense, and other federal long-haul telecommunications systems and networks. The contractor shall prepare reports and white papers, lead technical discussions, and present persuasive oral presentations and written products to senior officials on a wide range of technical topics as tasked by NCMO in support of stakeholders and customers. Examples include but are not limited to:

· Advising NCMO on the introduction of new technologies and processes associated with DoD’s Joint Information Environment (JIE) initiative such as the impact of the deployment of Joint Regional Security Stacks and the need to collect Cyber Analytics to promote network security. In addition, providing a business case/cost analysis to enable the NCMO to determine the Navy’s participation in the movement to increase mobility (i.e. wireless connectivity).

· Assisting NCMO in building a Plan of Action and Milestones (POA&M) on the phasing out of outdated technology as mandated by DoD.

· Assisting NCMO with increases to bandwidth infrastructure resulting from the enterprise email migration.

Task 5 Deliverables:

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· Standard Operating Procedures for all Processes/Procedures

· Status Report on all Special Projects

· Libraries and webpages

6.6 Task 6 - Circuit Management Support (CMS)

The NCMO CMS Division provides technical solution oversight for the NCMO to include circuits, networks and architecture engineering; supports the TR process by providing technical review of incoming TRs and reconfiguration recommendations; supports the NCMO in reducing costs by strategically evaluating current and requested configurations.

Contracting team assigned to perform activities and duties within the Circuit Management Support Division will work with the NCMO Division Director, Division Leads, and any appropriate personnel identified to perform the necessary and appropriate operational activities.

6.6.1 Subtask 1. The contractor shall review, assess, and recommend enhancements to improve interoperability to meet DON’s emerging needs.; improve IT operational performance while minimizing user disruptions and cost; and support new customer services through installed base enhancements and emerging technologies, validate & perform a technical evaluation of circuit requests.

6.6.2 Subtask 2. The contractor shall provide technical guidance to major program management including NMCI, NGEN, ONENET, Shore Tactical Networks, PSNET and Piers.

6.6.3 Subtask 3. The contractor shall manage and monitor the bandwidth of Naval telecommunication services.

6.6.4 Subtask 4. The contractor shall manage and monitor all Naval DISN IS services located at approximately 80 DISN-IS sites.

Task 6 Deliverable(s):

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· Standard Operating Procedures for all Processes/Procedures

· System Requirements Specification

· Bandwidth Utilization Report

· Monthly DISN-IS Inventory

· Bandwidth growth analysis and trend analysis

· DISN-IS bandwidth analysis report

· Meeting minutes for all related teleconferences and conferences.

6.7 Task 7 - Naval Network Information Center Support

The Naval Network Information Center (NNIC) is responsible for assigning globally unique Internet Protocol (IP) address space, specifically and only for the purpose of supporting official DoD business, which meets customer requirements while conserving remaining address space; maintains and reviews database of all addresses to validate address status.

Contracting team assigned to perform activities and duties within the Circuit Management Support Division providing Naval Network Information Center support will work with the NCMO Division Director, Division Leads, and any appropriate personnel identified to perform the necessary and appropriate operational activities.

6.7.1 Subtask 1. The contractor shall provide support for IP Address provisioning and life cycle management for over 20 million IP addresses. The contractor shall provide circuit validation services, validate IP requests and enterprise migration oversight and management.

6.7.2 Subtask 2. The contractor shall process IP requests from operational commands throughout the fleet (approximately 50 requests per month).

6.7.3 Subtask 3. The contractor shall administer NNIC environment of CIMTS at the DISA DECC.

6.7.4 Subtask 4. The contractor shall gather, register, and import all existing Naval IP data into the NNIC database for management.

6.7.5 Subtask 5. The contractor shall act as an Approving Official (AO) for the DODNIC and coordinate administration of IP data at the DoD level.

6.7.6 Subtask 6. The contractor shall develop and create NNIC Approving Official, Database Administrator, and User Guide documentation for the proper use and maintenance of the NNIC portion of CIMTS.

6.7.7 Subtask 7. The contractor shall develop, maintain, and provide NNIC business rule training annually and keep NNIC User guide and Approving Official’s SOP updated with changes or revisions.

6.7.8 Subtask 8. The contractor shall improve NNIC functionality, agility and scalability.

Task 7 Deliverables:

· Individual Bi-weekly Status Reports

· Meeting Minutes for all meetings, teleconferences, and conferences

· Standard Operating Procedures for all Processes/Procedures

· Deploy NNIC databases and web applications to SIPRNET

· CMITS Trouble Ticket and Outage Report/User Documentation

· Plan of Action and Milestones

6.8 Task 8- Contractor Transition from Incumbent

The contractor shall develop and execute a post-award transition plan to effectively and efficiently transition ongoing support from the incumbent contractor. This includes a review and update of all appropriate documentation required to support a smooth and efficient transition as well as conducting hands-on knowledge transfer with the incumbent contractor.

Task 8 Deliverable:

Transition Plan

6.9 Task 9- Contract Management. The contractor shall provide a comprehensive management approach that ensures fully-trained, top-quality personnel are provided to meet all requirements of the PWS. Contractor shall prepare a Contract Management Plan describing the technical approach, organizational resources and management controls to be employed to meet the cost, performance and schedule requirements throughout contract execution.

The Contractor shall maintain a list of qualified personnel to fill vacancies that may occur. The Contractor shall make every reasonable attempt to fill any vacancy of a position described in the management plan in a time period not longer than a single billing cycle.

Task 9 Deliverable:

Management Plan

7. Performance Standards.

Additions, changes or deletions shall be 95% accurate with minor changes Routine inspection of deliverable products and services.

Receive reports in a timely manner with comprehensive information that is relevant and technically acceptable.

6.7.1 Subtask 1 – Naval Network Information Center Support.

8. Incentives (Positive and/or Negative): Both positive and negative performance will be documented in past performance reports/database, Contractor Performance Assessment Reporting System (CPARS), as appropriate and will be taken into consideration for follow-on work.

Positive Incentives - On fixed price contracts, incentives are provided for quality services accepted by the government by allowing the contractor to invoice for the services rendered.

Negative Incentives - When unacceptable performance occurs on fixed price contracts, the Government will withhold payment for services until corrective action is taken. Upon Government acceptance of the corrected services, the contractor will be permitted to invoice for service fee.

9. Place of Performance. All work on this Task Order will primarily be performed in government facilities, within the Navy Information Forces, Suffolk (Tidewater area), Virginia. Some work may also be performed on Navy ships, at other Navy commands and installations. Auxiliary site may include off-site contractor location or telecommuting as necessary to meet customer requirements.

9.1 Alternate Place of Performance - Contingency Only. Contractor employees may be required to work at home, another approved activity within the local travel area or at the contractor's facility in cases of unforeseen conditions or contingencies (e.g., pandemic conditions, exercises, etc.). Non-emergency/non-essential contractors should not report to a closed government facility. Any equipment such as laptops or phones provided to Contractor personnel shall be returned at the termination of the engagement or at another time mutually agreeable to both parties. Contracting Officer Representative (COR) approval is required. 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 will be one base year plus four, one year option periods. See Section F for specific period of performance dates.

As directed by the COR, the contractor shall continue performance in emergency or mission essential conditions. Additionally, the contractor may be required to account for the whereabouts of their personnel should this information be requested by the COR.

11. Delivery Schedule.

Distribution* Monthly

*Standard Distribution: 1 copy of the transmittal letter with the deliverable to the Primary and Alternate COR.

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

· All contractor personnel must have a SECRET security clearance on file prior to commencement of work. The requirement for clearances will depend on their particular assignments.

· PWS Task 6.4 requires that contractor personnel have TOP SECRET clearances and above. The prime or subcontractor shall have a TOP SECRET facility clearance in support of this task. Pending FCL applications are acceptable as long as the clearance will be granted at time of award. If the subcontractor does not have the required clearance at time of award, the prime contractor may sponsor the subcontractor to obtain a facility clearance.

· For work performed at a Government site, the contractor shall provide a Visitation Request a minimum of 14 days in advance of arrival in CONUS. The Visitation Request will include SSN, security clearance, address(es), and a point of contact if different from the AO/TM.

13. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). All contractor personnel will be furnished with a “standard” Government office environment. This includes office furnishings, office supplies, personal computer, telephone support, email account, voice mail (if available) and access to photocopy and facsimile equipment.

14. Other Pertinent Information or Special Considerations. Management Information System Services outputs/deliverables should meet applicable accessibility requirements and should not adversely affect accessibility features of existing EIT technologies.

15. Section 508 Accessibility Standards. The following Section 508 Accessibility Standard(s) (Technical Standards and Functional Performance Criteria) are applicable (if box is checked) to this acquisition.

Technical Standards

|_| 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

SECTION I - CONTRACT CLAUSES

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(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 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 (b) of this provision.

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

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

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

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

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

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; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

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

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

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541512.

(2) The small business size standard is $27.5M.

(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 500 employees.

(c) 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 (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(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)

The following have been deleted:

52.209-5

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation.