HC102820R0087 solicitation.docx

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832016130 DISA GLOBAL Teknion and Darren furniture
Solicitation number
HC102820R0087
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HC102820R0087

Section SF 1449 - CONTINUATION SHEET

MATERIALS LIST

part number
DESCRIPTION
QTY

IG office reconfigure

66SP_SEG_MA36
36" 66 HIGH Single Powered panel_Segmented_metal and Acoustic- Accent colors
2
81NP 30
30" 81NP
1
81NP 60
60" 81 NP
1
UNRFS
Structural Flush Plate
2
KCW81
Panel wall adapter 81" high
1
ERQSA7H1
Single power box, single sided 7H cir Cir 1, color storm white
1
ERQSA7H2
Single power box, single sided 7H cir Cir 2, color storm white
1
ERQSA7H3
Single power box, single sided 7H cir Cir 3, color storm white
1
KCC663
Three way connector 66" h color storm white
1
PAX97
Telephone Shelf, small
1
KTE66
Panel End Trim 66" h
1
KDENLF1830
Stretch pedestal, large, file, file 30"w
1
KPND28136L
door panel, lever handler with lock 81" h X36" w
1
KWS2472
Rectangular worksurface, 24"d X72"w
1
KWS3060
Rectangular worksurface, 30"d X60"w
1
KDSNBF2215
Mobile Pedestal with seat, box, file, 22"d
1
KSF11436
Overhead cabinet, leverage on module mounting14"D X36"w
2
X2B
M/Flex For M2.1 Monitor arm, Dual Bracket for 2 Monitors
1
CT22R
Cantilever 22"d
2
KBC
Corner Bracket color storm white
2
EBH7H48
Power Harness, 7H System 48" long
3
KFENM30R
Flush end gable metal, 30"d
1
KMA36
Accessory Rail 36" w
1
NL17SB
Neatlinks, Small 17" Black
2
PAX90
Divisional sorter letter/ A4
1
PAX92
Paper Tray-letter /A4
3

Hard case wood office furniture

CPC1672TW283
Storage / wardrobe tower 16”w X 21”d X 72”
1
CPC7230DC716
Right Bullet Conference desk 72” w 30”D-
1
CPC1618PD423
Box/File Mobile Ped with casters 16” w X18”d X 23”h-
1
CPC4221BR151
Bridge Open Back with 4” h rail 42”w X 21”d CPC4221BR151
1
CPC 9421CA067
Right Hookup U Workstation Credenza lat file 94” w21” d
1
CPC9319WH330
6 door wood wall mount cabinet 93”w X 15”d X19” h
1
FTWH23-93
Wall Mount Fabric Tack surface 93” / 94”
1

SOW

STATEMENT OF WORK (SOW)

DISA Global Furniture August 27, 2020

Award/Mod Effective
Version Date

Award

Contract Number:
To be Determined (TBD)
Task Order Number:
TBD
Tracking Number:
832016130
Contractor Name:
TBD
Follow-on to Previous Contract and Task Order Number:
Not applicable (N/A)

1. Contracting Officer’s Representative (COR).

a. Primary COR.

Name:

Organization:

Department of Defense Activity Address Code (DODAAC):

Address:

Phone Number:

Fax Number:

E-Mail Address:

b. Alternate COR.

Name:

Organization:

DODAAC

Address:

Phone Number:

Fax Number:

E-Mail Address:

2. Contract or Task Order Title. Procurement and Installation of One complete Teknion system furniture workstation and One Darran hard case office setup at DISA GLOBAL 5534 Pryor DR., Scott AFB IL, 62265, Bldg. 5160

3. Background. DISA Global has a requirement to increase seating / workstation to meet daily mission occupancy requirements in Bldg. 5160.

4. Objectives. DISA Global and the IG office is in need to increases seating to meet mission requirements. The contractor shall supply all new parts to reconfigure one Teknion current furniture set in the IG office area and purchase one new Darran hard case office set for room 2221. All furniture must match our current layout/ style.

5. Scope. The contractor shall provide a brand name solution for the installation of one new Teknion workstation using both new and reused parts of the current Teknion furniture to make one new workstation plus one new complete set of Darran hard case office furniture set up as out below in section 6.

6. Specific Tasks. Reconfigure / Install Teknion system furniture with old / new pieces as outline below plus one Darran hard case office set up. Please see Appendix A for existing Teknion furniture layout and Appendix B for new layout we are requesting.

6.1 All products / parts will be delivered and stored at the vendor’s location until the day they are ready to be installed. All products/ parts will be unloading and brought into Bldg. 5160 through the loading dock entrance. Bill of lading will be provided showing part number and quantity of all furniture items.

6.2 Reconfiguration of the IG office area to increase seating by one cube. See Appendix A & B for details.

New workstation must be of same type and style we currently use in bldg. 5160. It must be able to bolt up and attach to current Teknion system furniture.

6.3 Hard case office furniture set up for room 2221

Contractor will supply and install brand name “Darran” office furniture in room 2221 to match all the other hard case furniture Division Offices setups. Below is a list of products required for this office set.

1. Storage / wardrobe tower 16”w X 21”d X 72” h-CPC1672TW283

2. Right Bullet Conference desk 72” w 30”D-CPC7230DC716

3. Box/File Mobile Ped with casters 16” w X18”d X 23”h-CPC1618PD423

4. Bridge Open Back with 4” h rail 42”w X 21”d CPC4221BR151

5. Right Hookup U Workstation Credenza lat file 94” w21” d CPC 9421CA067

6. 6 door wood wall mount cabinet 93”w X 15”d X19” h CPC9319WH330

7. Wall Mount Fabric Tack surface 93” / 94” FTWH23-93

6.4 Cleanup work area.

Contractor will clean up work area at the end of each day making sure area it is safe to walk in / around.

7. Performance Standards.

Performance Standard
Acceptable Quality Level (AQL)
Method of Surveillance
6. 2 Reconfiguration of IG office Furniture as requested
100%
Inspection by Facility Management Crew
6.3 Installation of hard case office furniture as requested
100%
Inspection by Facility Management Crew
6.4 Clean-up work area
100%
Inspection by Facility Management Crew

8. Place of Performance. DISA Global 5534 Pryor DR. Scott AFB, IL, 62293, bldg. 5160

Alternate Place of Performance –Non-Applicable, Contingency Only. As determined by the 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 SOW. 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.

9. Period of Performance. 100 days from date of award

10. Delivery Schedule.

SOW Task#
Deliverable Title
Format
Due Date
Distribution/Copies
Frequency and Remarks
6.2
Bill of lading for Teknion system furniture
Word document
Submitted for review before contract award
Standard Distribution*
Once before contract awarded, sent to COR and ACOR listed is section 1 above
6.1
Bill of lading for Darran hard case office furniture
Word document
Submitted for review before contract award
Standard Distribution
Once before contract awarded, sent to COR and ACOR listed is section 1 above

11. Security Requirements. The installation of furniture is UNCLASSIFIED. The facility is access-controlled, contractor will be working inside, and escorts will be provided. No cell phone or Personal Electronic Devices (PED’s) are allowed past the entrance.

The contractor shall coordinate site visits with site POCs at least 72 hours prior to requiring any site access. Contractor personnel without security clearances performing any task under this PWS must be escorted by Government personnel who are cleared.

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

References:

a. DISA Form 786, DISA Statement of Information System Use and Acknowledgement of User Responsibilities – Basic User

b. DISA Policy Letter, Unauthorized Connections to Network Devices, 11 September 2013

c. DISA Instruction 240-110-8, Information Security

d. DISA Instruction 240-110-36, Personnel Security

e. DISA Instruction 240-110-38, Industrial Security

f. DISA Instruction 240-110-43, Insider Threat Program

g. DISA Instruction 630-230-19, Cybersecurity

h. DoDM 5200.01, Vol 1-4 Information Security Program, 24 February 2012

i. DOD 5200.02, Procedures for the DoD Personnel Security Program, 3 April 2017

j. DOD 5220.22-M, National Industrial Security Program Operating Manual, February 2006 Incorporating Change 02 May 2016 k.

11.1 Facility Security Clearance. Work to be performed under this contract/order is UNCLASSIFIED.

11.2 Security Clearance and Information Technology (IT) Level. Non- Applicable

11.3 Investigation Requirements. None Applicable

11.5 Visit Authorization Letters (VAL). Non-Applicable

11.6 Security Contacts. DISA Security Personnel can be contacted for Industrial Security related issues at (301)225-1235 or via mail at:

Defense Information Systems AgencyDefense Information Systems Agency
ATTN: MP61, Industrial SecurityATTN: MP62, Personnel Security
Command BuildingCommand Building
6910 Cooper Ave.6910 Cooper Ave.
Fort Meade, MD 20755-7088Fort Meade, MD 20755-7088

11.7 Information Security and other miscellaneous requirements. Non- Applicable

12. Government Furnished Property (GFP)/Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). Non-Applicable

13. Other Pertinent Information or Special Considerations.

a. Identification of Possible Follow-on Work. Non-Applicable

b. Identification of Potential Conflicts of Interest (COI). Non-Applicable

c. Identification of Non-Disclosure Requirements. Non-Applicable

d. Packaging, Packing and Shipping Instructions.

· All products / parts will be delivered and stored at the vendor’s location

· All products/ parts will be unloading and brought into Bldg. 5160 through the loading dock entrance.

· Bill of lading will be provided showing part number and quantity of all furniture items.

e. Inspection and Acceptance Criteria.

· Project will have 100% inspection and full operational test at the end.

f. Property Accountability Non-Applicable

g. Transitioning. Non-Applicable

1. Transition-In (Phase In) Non-Applicable

2. Transition-Out (Phase Out). Non-Applicable

h. Supply Chain Risk Management (SCRM). Non-Applicable

i. Training. Non-Applicable

14. 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

The Technical Standards above facilitate the assurance that the maximum technical standards are provided to the Offerors. Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance. This block is checked to ensure that the minimally acceptable electronic and information technology (E&IT) products are proposed.

Functional Performance Criteria

|X| 1194.31 - Functional Performance Criteria

Workstation must be operational upon compliance of installation

ADDENDUM TO 52.212-2(A)

Addendum to 52.212-2(a), Evaluation-Commercial Items is tailored as follows:

a. Basis for Contract Award Award will be made to the responsible offeror whose proposal is determined to represent the overall best value to the Government using a lowest price technically acceptable (LPTA) process. The technical proposal should include all information the offeror wants the Government to consider and evaluate regarding its ability to perform all required tasks and conform to all required terms and conditions. To be eligible for award, the offeror’s proposal must sufficiently address all aspects of the SOW. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award.

With regard to the best value analysis for the award decision, the below evaluation factors and subfactors will be used to determine technical acceptability. Section 508 Accessibility Standards do not apply to this requirement.

b. Evaluation Factors and Subfactors

(1) The following evaluation factors and subfactors will be used to evaluate each proposal.

Factor 1: Technical Approach Factor: The Technical Subfactors will be evaluated and rated either Acceptable or Unacceptable IAW the evaluation table below. In order for a quotation to be rated overall Technically Acceptable, the contractor must be able to provide all of the equipment set forth in this solicitation

a) Quotations must be from authorized resellers of the (Original Equipment Manufacturer) OEM quoted.

For the purposes of this procurement only, an authorized reseller is defined as an entity authorized by the OEM to sell their products to the Federal Government and to provide support for the OEM items, including new releases, version upgrades, revisions, corrections of reported errors, enhancements (to include instructions for implementation and operation for all software support levels and product versions), technical support, contractor resolutions to problems or failures, and the most current commercial release or version of the software.

Quotations shall include a letter from the OEM confirming that the contractor is an authorized reseller, as defined above, as of the quotation due date. The letter from the OEM shall not be older than 30 days from the date quotations are due, shall be submitted on the OEM's letterhead, and shall be signed by an authorized representative of the OEM.

b) The contractor must provide the completed Attachments (Provisions and Clauses), in response to this solicitation.

Factor 2: Price

(a). The Offeror’s firm-fixed price proposal will be evaluated for award purposes based upon the total evaluated price which consists of the offeror’s proposed prices for the base period, all option periods, including option pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8, and surge pricing if addressed below. Evaluation of the options shall not obligate the Government to exercise such options. The offeror’s price proposal will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is reasonable and complete. Normally, price reasonableness is established through cost and price analysis techniques as described in FAR 15.404. For a price to be complete, all solicitation requirements must be priced, figures correctly calculated and prices presented in in a clear and useful format. The Government reserves the right, but is not obligated, to conduct a realism analysis.

(2) Relative Importance of Factors and Subfactors. The relative importance of each factor and subfactor is as follows: Within the Technical/Management factor, the subfactors are of equal importance. The Technical/Management Approach Factor is equal to the Price Factor.

c. Ratings

(1) Each technical/management subfactor will receive one of the ratings described in Table 1. The subfactor ratings will not be rolled up into an overall color rating for the Technical/Management factor.

Technical/Risk Ratings for Factor 1. The technical-management/risk rating provides an assessment of the offeror’s proposed solution for satisfying the Government’s requirements.

The Technical/Management subfactors will be evaluated and rated either Acceptable or Unacceptable. In order for a proposal to be rated overall Technically Acceptable, each of the subfactors must be rated Acceptable.

Table 1. Evaluation Tables for LPTA

Technical Ratings

Rating
Description
Acceptable
Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable
Proposal does not clearly meet the minimum requirements of the solicitation.

d. Discussions

The Government intends to evaluate proposals and award a contract without exchanges. However, the Government reserves the right to conduct exchanges or seek clarifications if the KO determines they are necessary. If exchanges are required, the number of proposals being competitively considered may be narrowed to all of the most highly rated proposals. The Government further reserves the right to reduce the number of proposals being competitively considered to the greatest number that will permit efficient competition among the most highly rated proposals. If an offeror’s proposal is removed from further consideration for award, written notice of the removal will be provided to the offeror. In the event issues pertaining to the solicitation cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, offerors will be notified in writing.

(End of provision revisions)

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

Products and Supplies

FFP

All products, supplies, and materials needed to meet the requirements of the SOW including Teknion and Darran brand name furniture items needed.

See materials list under clauses and provisions.

FOB: Destination

PSC CD: 7110

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

Services

FFP

Required services needed to remove and install all the required furniture to meet the requirements laid out in the SOW.

PSC CD: 7110

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
Government
0002
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
23-DEC-2020
1
DISA GLOBAL

5534 PRYOR DRIVE, BLDG 5160

SCOTT AFB IL 62225

RALPH MULLINS

618-220-8889

HC1028

0002
23-DEC-2020
1
(SAME AS PREVIOUS LOCATION)

HC1028

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUN 2020
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-22
Alternative Line Item Proposal
JAN 2017
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
JAN 2020
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-35
Equal Opportunity for Veterans
JUN 2020
52.222-36
Equal Opportunity for Workers with Disabilities
JUN 2020
52.222-37
Employment Reports on Veterans
JUN 2020
52.222-41
Service Contract Labor Standards
AUG 2018
52.222-50
Combating Trafficking in Persons
JAN 2019
52.222-51
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements
MAY 2014
52.222-53
Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements
MAY 2014
52.222-55
Minimum Wages Under Executive Order 13658
DEC 2015
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1
Disputes
MAY 2014
52.233-3
Protest After Award
AUG 1996
52.242-15
Stop-Work Order
AUG 1989
52.244-6
Subcontracts for Commercial Items
AUG 2020
52.247-64
Preference for Privately Owned U.S. - Flag Commercial Vessels
FEB 2006
252.201-7000
Contracting Officer's Representative
DEC 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7003
Agency Office of the Inspector General
AUG 2019
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004
Antiterrorism Awareness Training for Contractors.
FEB 2019
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DEC 2019
252.215-7013
Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.239-7017
Notice of Supply Chain Risk
FEB 2019
252.239-7018
Supply Chain Risk
FEB 2019
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS
PRICE
ITEMQUANTITYQUOTATIONTOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

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

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

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

(c) Representation. The Offeror represents that--

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

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

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. 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 time specified in the solicitation for receipt of offers;

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

(4) 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;

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) 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);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(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) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) 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. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(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 unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(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.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) 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.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) 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. Basis for Contract Award Award will be made to the responsible offeror whose proposal is determined to represent the overall best value to the Government using a lowest price technically acceptable (LPTA) process. The technical proposal should include all information the offeror wants the Government to consider and evaluate regarding its ability to perform all required tasks and conform to all required terms and conditions. To be eligible for award, the offeror’s proposal must sufficiently address all aspects of the SOW. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award.

With regard to the best value analysis for the award decision, the below evaluation factors and subfactors will be used to determine technical acceptability. Section 508 Accessibility Standards do not apply to this requirement.:

b. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical Approach Factor:

The Technical Subfactors will be evaluated and rated either Acceptable or Unacceptable IAW the evaluation table below. In order for a quotation to be rated overall Technically Acceptable, the contractor must be able to provide all of the equipment set forth in this solicitation

a) Quotations must be from authorized resellers of the OEM quoted.

For the purposes of this procurement only, an authorized reseller is defined as an entity authorized by the OEM to sell their products to the Federal Government and to provide support for the OEM items, including new releases, version upgrades, revisions, corrections of reported errors, enhancements (to include instructions for implementation and operation for all software support levels and product versions), technical support, contractor resolutions to problems or failures, and the most current commercial release or version of the software.

Quotations shall include a letter from the OEM confirming that the contractor is an authorized reseller, as defined above, as of the quotation due date. The letter from the OEM shall not be older than 30 days from the date quotations are due, shall be submitted on the OEM's letterhead, and shall be signed by an authorized representative of the OEM.

b) The contractor must provide the completed Attachments (Provisions and Clauses), in response to this solicitation.

Factor 2: Price

c. The Offeror’s firm-fixed price proposal will be evaluated for award purposes based upon the total evaluated price which consists of the offeror’s proposed prices for the base period and all option periods. Evaluation of the options shall not obligate the Government to exercise such options. The offeror’s price proposal will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is reasonable and complete. Normally, price reasonableness is established through cost and price analysis techniques as described in FAR 15.404. For a price to be complete, all solicitation requirements must be priced, figures correctly calculated and prices presented in in a clear and useful format. The Government reserves the right, but is not obligated, to conduct a realism analysis.

d. Ratings

(1) Each technical/management subfactor will receive one of the ratings described in Table 1. The subfactor ratings will not be rolled up into an overall color rating for the Technical/Management factor.

The Technical/Management subfactors will be evaluated and rated either Acceptable or Unacceptable. In order for a proposal to be rated overall Technically Acceptable, each of the subfactors must be rated Acceptable.

Evaluation Tables for LPTA

Rating
Description
Acceptable
Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable
Proposal does not clearly meet the minimum requirements of the solicitation.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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 President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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…

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