HC1047-13-R-4041.pdf
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- DISA, JSSC, NetApp Renewals Federal contract opportunity
- Solicitation number
- HC1047-13-R-4041
- Issued by
- Defense Information Systems Agency
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DISA/CONTRACTS-NCR
POST OFFICE BOX 549
FORT MEADE MD 20755-0549
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
25.5M
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
HC1047-13-R-4041 24-Sep-2013
b. TELEPHONE NUMBER
301-225-4054
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 27 Sep 2013
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
HC1047
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE HC1014 16. ADMINISTERED BY
DISA/JC3
DONNA MOSES
7010 DEFENSE PENTAGON RM BE833
WASHINGTON DC 20301-7010
TEL: 703-695-5477 FAX: 703-695-7724
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
BRIAN BILENKI
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF
AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
541519
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100% FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
DJCMC42085
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
0 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS (CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
HC1047-13-R-4041
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A. Serial # :
700001204697 & 700001204702 Total # of Shelves: 6;Disk1: 320 GB ATA;
Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2 FOB: Destination
PURCHASE REQUEST NUMBER: DJCMC42085
NET AMT
0002 6 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A. Serial # :
700001217151,700001217163 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2:
144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols:
CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2
1001 12 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A. Serial # :
700001204697 & 700001204702 Total # of Shelves: 6;Disk1: 320 GB ATA;
Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2
1002 12 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A. Serial # :
700001217151,700001217163 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2:
144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols:
CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2
2001 12 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A Post Warranty.
Serial # : 700001204697 & 700001204702 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2
2002 12 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A- Post Warranty.
Serial # : 700001217151,700001217163 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: SC-SEC-4HR. Quantity: 2
3001 12 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A Post Warranty.
Serial # : 700001204697 & 700001204702 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2
3002 12 Months
NETAPP
FFP
Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A- Post Warranty.
Serial # : 700001217151,700001217163 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE. Mfr Part No: CS-SEC-4HR. Quantity: 2
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-OCT-2013 TO
31-MAR-2014
N/A DISA/JC3
DONNA MOSES
7010 DEFENSE PENTAGON RM BE833
WASHINGTON DC 20301-7010
703-695-5477
HC1014
0002 POP 01-OCT-2013 TO
31-MAR-2014
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2014 TO
31-MAR-2015
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-APR-2014 TO
31-MAR-2015
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2015 TO
31-MAR-2016
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-APR-2015 TO
31-MAR-2016
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2016 TO
31-MAR-2017
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-APR-2016 TO
31-MAR-2017
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
Section H - Special Contract Requirements
PWS 24 SEPT 2013
PERFORMANCE WORK STATEMENT (PWS)
As of 30 Sept 2013
Contract Number: TBD Task Order Number: TBD
1. Contracting Officer Representative (COR).
a. Primary COR.
Name:
Organization: DISA/JCCS/JC3 Department of Defense Activity Address Code (DODAAC): HC1014
Address: 7010 Defense Pentagon Phone Number:
Fax Number:
E-Mail Address:
2. Order Title. NetApp SAN Maintenance Renewal
3. Background. The Office of the Joint Staff Support Center (JSSC)/JC3 has a requirement to renew annual maintenance support for NetApp Storage Area Network (SAN). This warranty coverage is required to support the Global Command and Communication System-Joint (GCCS- J) Management Center (GMC) Server Enclaves as the NetApp FAS3240A filer clusters are essential to maintain the hardware, system reliability and the keep software up-to-date. The FAS3240A filer clusters are the core of the Storage Area Network (SAN) used by the GMC to meet the data requirements in support of Operational and Information Assurance functions.
4. Objectives. To provide the Agency with annual maintenance renewal for GMC NetApp SAN. The NetApp SAN stores specific GMC resources and critical user data. This system is accessed by users on a daily basis to perform the various mission of each organization. The Government reserves the right to remove parts during the maintenance term if deemed in the best interest of the Government.
5. Scope. On-site Support is required for the following NETApp SAN parts and serial numbers:
Item CLIN Description Mfr
Part No
Quantity
1 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A.
Serial # : 700001204697 & 700001204702 Total # of Shelves:
6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3;
# of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
Period of Performance: 01 Oct 2013 to 31 Mar 2014 2 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A.
Serial # : 700001217151,700001217163 Total # of Shelves:
6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3;
# of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
Base year: Period of Performance: 01 Oct 2013 to 31 Mar 2014
3 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A.
Serial # : 700001204697 & 700001204702 Total # of Shelves:
6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3;
# of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
Option year 1: Period of Performance: 01 Apr 2014 to 31 Mar 2015 4 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A.
Serial # : 700001217151,700001217163 Total # of Shelves:
6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3;
# of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
Option Year 1: Period of Performance: 01 Apr 2014 to 31 Mar
5 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A
Post Warranty. Serial # : 700001204697 & 700001204702 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
6 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A- Post Warranty. Serial # : 700001217151,700001217163 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
Option Year 2: Period of Performance: 01 Apr 2015 to 31 Mar
7 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A Post Warranty. Serial # : 700001204697 & 700001204702 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
8 Support Edge Secure for Govt, 7x24, 4HR Onsite for FAS3240A- Post Warranty. Serial # : 700001217151,700001217163 Total # of Shelves: 6;Disk1: 320 GB ATA; Disk2: 144 GB/10K; # of shelves disk1: 3; # of shelves disk2: 3, FlashCacheProtocols: CIFS, NFS, FC, iSCSISoftware Options: Cluster, SMIRROR, SRESTORE
CS-
SEC-
4HR
Option Year 3: Period of Performance: 01 Apr 2016 to 31 Mar
6. Performance Requirements.
6.1 Remote On-Site Support.
The Contractor shall provide the following maintenance services for On-Site Support.
• 24/7 on-site support
• Four-hour target response time for on-site support
• 24/7 multilingual telephone support
• Priority call handling
• 24/7 access to online resources
• Concurrent maintenance
• Remote Monitoring
6.1.1 Deliverable.
• Service Report. The Contractor shall provide a service report twenty-four (24) hours after Preventive Maintenance (PM) or Remedial Maintenance (RM) to the Contracting Officer Representative (COR). The following minimum information shall be included: Name of Company, Service Date, Service Performed (PM or RM), Additional Services Needed (if any), Name of Technician, and Completion Date.
7. Performance Standards.
The Contractor shall meet all performance standards in the following Performance Standards Table. The Government reserves the right to modify the Acceptable Quality Level (AQL) and Performance Standards throughout the life of the contract. Any modifications to the AQLs or Performance Standards will be bilateral in nature and shall include input from the Contractor and mission partner.
Performance Standard Acceptable Quality Level
(AQL)
Method of Surveillance
The Contractor shall provide On-Site Support
100% of On-Site support is provided within four hours
100% Inspection, Customer Input
The Contractor shall provide Telephone
Support
100% of Telephone Support is available 24/7 with priority call handling
100% Inspection, Customer Input
The Contractor shall provide Online
Resources
100% of Online Support is available
100% Inspection, Customer Input
The Contractor shall provide Software
Upgrades
100% Upgrades are provided 100% Inspection, Customer Input
The Contractor shall provide replacement parts
100% of Concurrent Maintenance is provided
100% Inspection, Customer Input
The Contractor shall provide remote technical Support
100% Remote Monitoring is provided
100% Inspection, Customer Input
8. Place of Performance.
The Contractor shall perform on-site maintenance at the 7010 Defense Pentagon, Washington, DC 20301-7010.
9. Period of Performance.
The maintenance term is one (1) 6-month base period plus three (3) 12-month option periods, 1 October 2013 through 1 April 2017.
10. Delivery Schedule.
PWS
Task
Deliverabl e Title
Format Due Date Distribution/Cop ies
Frequency and Remarks
6.1.1 Service
Report
Contractor Provided
24 hours after PM or RM
Standard Distribution*
Dependent on PM or
RM
*Standard Distribution: 1 copy of the transmittal letter without the deliverable to the Contracting Officer; 1 copy of the transmittal letter with the deliverable to the Primary COR.
11. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).
Government-Furnished Equipment (GFE) and Government-Furnished Information (GFI) will not be provided for this requirement.
12. Other Pertinent Information or Special Considerations.
a. Identification of Potential Conflicts of Interest (COI). Refer to DARS clause 52.209- 9000.
b. Identification of Non-Disclosure Requirements. Since it is possible that in the course of this work, Contractors will have access to sensitive or proprietary information, Contractors working on this order must execute non-disclosure agreements (NDAs) using Government provided NDA templates. All Contractors must submit a signed NDA to the Government COR prior to commencement of performance on the contract.
c. Packaging, Packing and Shipping Instructions. Packaging and marking of all deliverables shall be in accordance with the best commercial practice necessary to ensure safe and timely delivery in accordance with applicable security requirements. All data and correspondence submitted to the Contracting Officer (KO) and Contracting Officer’s Representative (COR) shall reference: the contract number, delivery order number, and the names of the KO and the COR.
d. Inspection and Acceptance Criteria. Inspection and acceptance will be facilitated by the Government at the Government location and will be stipulated in the individual order.
13. 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
1194.31 - Functional Performance Criteria
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JAN 2012 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items JUL 2013 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.232-17 Interest OCT 2010 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes JUL 2002 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7004 Alt A System for Award Management Alternate A MAY 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
CLAUSES INCORPORATED BY FULL TEXT
52.204-9000 Points of Contact (AUG 2005)
Contracting Officer Name: Christopher Gray Organization/Office Symbol: PLD / DITCO-NCR / PL62 Phone No.: (301) 225-4083 E-Mail Address: christopher.a.gray54.civ@mail.mil
Contract Specialist Name: Brian Bilenki Organization/Office Symbol: PLD / DITCO-NCR / PL62 Phone No.: (301) 225-4054 E-Mail Address: brian.p.bilenki.civ@mail.mil
Customer/COR/TM Point of Contact Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Contractor Point of Contact Contractor Legal Business Name:
mailto:christopher.a.gray54.civ@mail.mil mailto:brian.p.bilenki.civ@mail.mil
DUNS:
CAGE CODE:
Contractor POC:
E-Mail Address:
Phone Number:
Fax Number:
(End of clause)
52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours
Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty
(30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.
If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.
52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)
(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Plan (OCCIP) to the contracting officer. The OCCIP shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.
(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:
(1) Providing systems engineering and technical direction.
(2) Preparing specifications or work statements and/or objectives.
(3) Providing evaluation services.
(4) Obtaining access to proprietary information.
(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The 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 or 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 (http://assist.daps.dla.mil).
(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
(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 (http://assist.daps.dla.mil/wizard);
(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) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(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.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Lowest Price Technically Acceptable
In order to be technically acceptable, an offeror’s quote must accurately reflect the part numbers, quantities, and period of performance cited in the attached Product List.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(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.
https://www.acquisition.gov/
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2013)
ALTERNATE I (APR 2011)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.
(a) Definitions. As used in this provision:
"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
"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.
Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.
395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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.
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.
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.
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 its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned business concern" means a concern which 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 whose management and daily business operations are controlled by one or more women.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.
(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) Veteran-owned small business concern. (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.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (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 women-owned small business concern.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents 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 [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(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.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--
(i) It [ballot] is, [ballot] is not an EDWOSB concern, 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 [ballot] is, [ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(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.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)
(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.
(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).
(Check one of the following):
Average Annual
Number of Employees Gross Revenues
___ 50 or fewer ___ $1 million or less
___ 51 - 100 ___ $1,000,001 - $2 million
___ 101 - 250 ___ $2,000,001 - $3.5 million
___ 251 - 500 ___ $3,500,001 - $5 million
___ 501 - 750 ___ $5,000,001 - $10 million
___ 751 - 1,000 ___ $10,000,001 - $17 million
___ Over 1,000 ___ Over $17 million
(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)
(i) General. The offeror represents that either--
(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual…
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