HE1254-16-T-0029.docx

HE1254-16-T-0029

Section SF 1449 - CONTINUATION SHEET

Literacy Accommodation Suite

FFP

Annual License FOB: Destination

NET AMT

Professional Development Training

Webinars, each delivered three times to accommodate teachers in the US, Europe, and Pacific time zones

NET AMT

Technical Support online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

NET AMT

FFP

NET AMT

FFP

Webinars, each delivered three times to accommodate teachers in the US, Europe, and Pacific time zones

NET AMT

FFP

online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

NET AMT

FFP

NET AMT

FFP

Webinars, each delivered three times to accommodate teachers in the US, Europe, and Pacific time zones

NET AMT

FFP

online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

NET AMT

FFP

NET AMT

FFP

Webinars, each delivered three times to accommodate teachers in the US, Europe, and Pacific time zones

NET AMT

FFP

online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

NET AMT

FFP

NET AMT

FFP

Webinars, each delivered three times to accommodate teachers in the US, Europe, and Pacific time zones

NET AMT

FFP

online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

NET AMT

FFP

NET AMT

FFP

Webinars, each delivered three times to accommodate teachers in the US, Europe, and Pacific time zones

NET AMT

FFP

online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

25-SEP-2017

ANTHONY LODOVICO

DODEA

ATTN: EDUCATION DIVISION

4800 MARK CENTER DRIVE

ALEXANDRIA VA 22350-1400

703-372-6004

HE1254

25-SEP-2017

HE1254

25-SEP-2017

HE1254

25-SEP-2018

HE1254

25-SEP-2018

HE1254

25-SEP-2018

HE1254

25-SEP-2019

HE1254

25-SEP-2019

HE1254

25-SEP-2019

HE1254

25-SEP-2020

HE1254

25-SEP-2020

HE1254

25-SEP-2020

HE1254

25-SEP-2021

HE1254

25-SEP-2021

HE1254

25-SEP-2021

HE1254

25-SEP-2022

HE1254

25-SEP-2022

HE1254

25-SEP-2021

HE1254

ADMINISTRATIVE INFORMATION

Administrative Information

a. Points of Contact:

Contracting Officer:

Arlene Richardson 4800 Mark Center Drive, 5th Fl Procurement Division Alexandria, VA 22350-1400 Telephone: 571-372-XXX Email: arlene.richardson@hq.dodea.edu

Contract Specialist:

Noah Mitchell 4800 Mark Center Drive, 5th Fl Procurement Division Alexandria, VA 22350-1400 Telephone: 571-372-1341 noah.mitchell@hq.dodea.edu

Contracting Officer’s Representative (COR):

TBD

4800 Mark Center Drive, Education Alexandria, VA 22350-1400 Telephone: 571-372-XXXX Email:

The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other terms and conditions of the contract. Reference DFARS clause 252.201-7000 (Contracting Officer’s Representative).

b. Invoice Submission: Invoices shall be submitted electronically through Wide Area Work Flow (WAWF) in accordance with instructions found in DFARS Clause 252.232-7006.

c. Tax Exemption Status: DoDEA is an activity of the Federal Government. As such, state agencies are precluded from taxing them by reason of the Supreme Court decision in McCullough v. Maryland, 17 US 316 (1817). In addition, the various states have codified this immunity by appropriate statutes. DoDEA Federal Tax Identification Number: 26-2331642.

d. Commercial Provision - Section 508 - IT Requirement: All electronic hardware and software procured under this contract/purchase order must comply with Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794d) and the Architectural and Transportation Barriers Compliance Board Electronic Information Technology (EIT) Accessibility Standards (36 CFR part 1194). Further information is available via the Internet at http://www.section508.gov.

STATEMENT OF WORK

Literacy Accommodation Suite for Grade 1-12 Students with Disabilities

1.0 INTRODUCTION

4.1 Essential Features: The Contractor shall provide a literacy accommodation suite that includes the following eight features:

1) Ability to run on PC and tablet devices (currently DoDEA uses Windows and Apple IOS for its special education program).

2) Flexible licensing so that student may use it both at school and at home.

3) Ability for students to select the best voice for their learning/listening style, for example, choice of multiple high quality synthesized voices; adjustable reading rate and pitch; multiple voice language options.

4) Bimodal color highlighting of words, sentences, or paragraphs as they are spoken.

5) Ability to read text in at least two or more formats: DOCX, Google Docs, PDF, EPUB, RTF, Daisy, and on the Web (Chrome, IE or MS Edge).

6) Compatibility with Bookshare.

7) Optical Character Recognition (OCR) and scan capabilities to include scanning and reading paper as well as locked PDFs or image/text files online while retaining the original format and color.

8) Word prediction to support spelling and writing.

4.2 Optional Features: The Contractor shall provide a literacy accommodation suite that includes at least six of the following fourteen features:

1) Ability to be managed and supported from one centralized location for use throughout DoDEA.

2) Customizable toolbars/user interface so that teachers may lock specific features.

3) Keyboard shortcuts for critical features/commands for use on PCs.

4) Text magnification capability and color contrast options.

5) Dictionary supported by pictures.

6) Translator tool for at least the following languages: Spanish, German, Korean, Arabic, and Japanese.

7) Integrated study skills tools which may include one or more the following: highlights, voice notes, annotations, extract notes options for outlining, and summary guides.

8) Support text-to-speech for Mathematical Markup Language (MathML), which provides ability to use text-to-speech to read complex math and scientific equations.

9) Concept mapping to create and edit graphic organizers.

10) Custom word banks or lists.

11) Word prediction includes phonetic and grammatical corrections.

12) Multiple dictionaries that that include text-to-speech for definitions and homonym and synonym check/tools.

13) Spell check which includes text-to-speech for selections such as phonetic and/or contextual spelling options.

14) Speech-to-text capabilities.

4.3 General Requirements

1) Resources shall be free of racial, color, national origin, age, disabling conditions, sexual, religious, and ethnic bias, and shall present a balanced coverage of multi-cultural contributions, where appropriate.

2) Section 508 Compliance—Contractor resources, wherever applicable, shall meet the following requirements:

· IT Requirement: All electronic hardware and software procured under this contract/ purchase order must comply with Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794d) and the Architectural and Transportation Barriers Compliance Board Electronic Information Technology Accessibility Standards (36 CFR part 1194). Further information is available at the following URL: http://www.section508.gov.

· Section 508 Deliverable Requirements: The activity to be performed relates to or requires the use of Electronic and Information Technology (EIT). Section 508 must be considered as a requirement for the outputs/ deliverables including functional performance, information, documentation, and support requirements under this acquisition to ensure that it considers specific Section 508 accessibility requirements. Further, the outputs/ deliverables should not adversely affect accessibility features of existing EIT technologies. Standards from 36 CFR part 1194 Subpart B, C, and D have been determined to apply to this acquisition. Solicitation respondents must describe how their background and experience will enable them to at least meet those technical provisions identified as applicable in the Government Product/ Service Accessibility Template (GPAT), per (Attachment 1).

3) OCR Requirement: Contractor shall provide two digital Optical Character Resolution (OCR) copies of all print materials. A digital copy of these materials shall be provided in one or more of the following formats:

· Digital Accessible Information System (DAISY)/ National Instructional Materials.

· Accessibility Standard (NIMAS) with cascading style sheet.

· HyperText Markup Language (HTML).

· Portable Document Format (PDF), (unlocked, embedded fonts, single page).

· Rich Text Format (RTF)/Word document

· KESI format, edited (compatible with Kurzweil 3000 version 12 Text to Speech software) that will not require further modification by DoDEA.

4.4 Professional Development—The Contractor shall provide online training and webinars that are appropriate for both special education teachers and para-professionals.

4.4.1 Online Training: Provide online modules or links to training videos that provide an overview of the suite and educate teachers on the ways to use the features effectively.

4.4.2 Webinars: Provide four 1-hour webinars each year which include approximately 45 minutes of instruction and approximately 15 minutes for questions and answers. Each webinar shall be repeated three times at times conducive to viewing by our educators in the Americas, Europe, and the Pacific. Record and archive each webinar; place the webinars on the vendor’s website and made available for DoDEA use throughout the life of the contract. Provide a skill checklist with links to training videos/information.

4.5 Technical Support: The Contractor shall provide online technical support along with consultation via telephone, videoconference, or email. Responses to emails shall be within one business day of receipt.

1. Vendor Data Collection and Distribution Controls

2. Vendor System Management and Security Controls

3. Vendor Data Storage and Data Access Controls

4. Vendor Data and Metadata Retention Controls

5. Vendor Development and Change Management Processes

6. Vendor Test and Development Environment Security Controls

7. Vendor Data Breach, Incident Investigation and Response Mechanisms

· Department of Defense Directive (DoDD) 8500.01E, Information Assurance, which may be found at http://dodcio.defense.gov/Portals/0/Documents/DIEA/850001p.pdf

· The DoD Risk Management Framework (DODRMF) per DoDI 8510.01, per http://www.rmf.org/component/content/article/56-consulting/65-rmf-dod.html and http://www.dtic.mil/whs/directives/corres/pdf/851001_2014.pdf

· Department of Defense Security Technical Implementation Guidance (STIG), which may be found at http://iase.disa.mil/stigs/Pages/index.aspx

5.4.2 These guidelines serve as a pillar of the Defense Information Assurance Program (DIAP), of which the following supplemental Contractor mandates shall form:

· Contractor shall provide security patches and upgrades, to include third-party applications, in response to public released security vulnerabilities associated with their software solution. Any deviations from this requirement shall be approved in writing by the DoDEA Chief Information Officer.

· Contractor shall develop and provide software upgrades within 30 days of notification should any of the software/plug-ins be found vulnerable and non-compliant with Defense Information Security Agency (DISA) and/or National Security Agency (NSA) standards. Software upgrades and patches shall be included in the licensing cost and be performed at the least disruptive times as determined by DoDEA. Prior to award, Contractor software shall be subject to all new or updated Department of Defense/DIACAP requirements.

· http://www.justice.gov/opcl/privstat.htm

· http://www.whitehouse.gov/omb/memoranda/fy2007/m07-16.pdf

· http://www.dtic.mil/whs/directives/corres/pdf/540011p.pdf.

6.1 The Contractor shall furnish all services to be performed and all items to be delivered in accordance with the following delivery schedule:

--Two business days after post-award conference Webinars --Dates determined post-award in consultation with Contractor

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS -- COMMERICIAL ITEMS

1. Addendum to Paragraph (b) Submission of Quotes: In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation:

(a) Quote Structure and Content – Vendors shall submit quote packages consisting of the following separate/distinct volumes for evaluation purposes and include the content identified herein:

1. Volume 1 - Administrative. This quote volume shall include the following:

a. A cover letter with the vendor’s Tax Identification Number, Dun and Bradstreet Number, Cage Code, and point of contact information;

b. Completed Standard Form (SF) 1449.

c. Completed FAR Clause 52.209-7, Information Regarding Responsibility Matters;

d. If the vendor is registered in System for Award Management (SAM), a copy of completed paragraph (b) of FAR provision 52.212-3, Offeror Representations and Certifications; or if the vendor is NOT registered in SAM, a copy of completed paragraphs (c) through (o) of FAR provision 52.212-3, Offeror Representations and Certifications.

2. Volume 2 – Technical Capability. This quote volume shall:

a. Not exceed 20 pages in length.

b. Vendor shall demonstrate their understanding of the requirement and ability to provide the supplies and services outlined in the Statement of Work.

c. NOT include any references to proposed pricing.

3. Volume 3 – Past Performance Information. This quote volume shall:

a. Provide information on at least three recent contracts for supplies and services relevant to those required in the SOW. “Relevant” is defined as work similar in complexity and magnitude to the work described in the SOW. “Recent” is defined as contracts that have been completed within the past three years or are currently being performed.

b. Use the following forms to provide the necessary information for each “recent” and “relevant” contract submitted:

i. Attachment A, Past Performance Part I must be completed and submitted by all vendors for all three recent contracts; and

ii. Attachment B, Past Performance Part II is a questionnaire that must be forwarded by vendors to a minimum of three references. References must complete and submit the questionnaire directly to the DoDEA Procurement Division.

c. The Government reserves the right to consider Past Performance information from other available sources.

d. Attachment C, DoDEA Cloud Vendor Information Collection, must be completed.

4. Volume 4 – Price. This quote volume shall:

a. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.” Each item will state the description, ISBN number, quantity, unit, unit price, and estimated amount. A separate line item must be prepared for item being proposed for the base and five option periods. A final total of the Base and Option Periods is required in the Excel Spreadsheet.

b. Reference the Contract Line Item Numbers (CLINs) Sub-CLINs in the SF1449 Schedule of Supplies as suggested CLIN structures. In lieu of this schedule, the contractor may submit fewer or more CLINs, whichever may be appropriate to their standard commercial practice.

(b) Quote Submission Requirements –

1. Copies, Format and Quantities:

a. One electronic copy of Volumes 1-4.

2. Closing Dates and Delivery Methods/Addresses::

a. Complete Quote Package (Volumes 1 through 4): The closing date for complete quote packages is August 8, 2016 at 11:00 A.M. ET via email.

The electronic copy of Volumes 1-4 shall be sent by email to the Contract Specialist at Noah.Mitchell@hq.dodea.edu. DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from the Contract Specialist. The vendor agrees to hold the prices in its quote firm for 120 calendar days from the date specified for receipt of quotes, unless another time period is specified in an amendment to the solicitation.

(c) RFQ Questions – Questions in regards to this RFQ shall be submitted in writing via email to Noah Mitchell at Noah.Mitchell@hq.dodea.edu with the subject line, “Questions DoDEA RFQ Wins10 Migration,” no later than 11:00 AM ET on July 15, 2016. A consolidated list of all questions and answers will be provided via an amendment to the RFQ posted to www.Fedbizops.gov.

(End of Instructions to Offerors)

ATTACHMENT A

Past Performance Part I: RFQ HE1254-16-T-0029 LITERACY

Information Below To Be Completed by Vendor for a Minimum of Three References

Name of Agency/Command/Company Contracting Activity:

Contract number: Contract type:

Total contract value (Include exercised and unexercised options) At time of award: $ Currently (or at completion): $

Period of performance or delivery schedule (Include exercised an unexercised options) At time of award:

Currently (or at completion):

Brief description or title of contract requirements. Use space as needed, but do not exceed one typewritten page per contract.

Procuring Contracting Officer (PCO) Use current name as point of contact for on-going contracts or the last individual’s name for completed contracts.

Name:

Telephone number:

Facsimile number:

E-mail address:

Contracting Officer’s Representative (COR) Name:

Telephone number:

Facsimile number:

E-mail address:

Administrative Contracting Officer (ACO):

Name:

Telephone number:

Facsimile number:

E-mail address:

Brief description of any problems encountered and corrective actions taken to resolve those problems. Use space as needed, but do not exceed one typewritten page per contract.

(End of Attachment A)

ATTACHMENT B

Past Performance Part II: Questionnaire RFQ: HE1254-16-T-00 LITERACY

** Information to be completed by vendor’s references and emailed directly to DoDEA Procurement to Noah.Mitchell@hq.dodea.edu by August 1, 2016 at 11:00 A.M. EST.

REFERENCE INQUIRY

Name of Vendor: ____________________________________________________________________

1. Reference Firm Contacted

2. Project Title: __________________________________________________________________________

3. Contract Number (if known):

4. Name of Key Person Contact:

5. Key Contact Phone No.:

6. Did the Key Contact work directly on the contract referenced? Yes [ ] No [ ]

7. Contract period: From to

8. Brief Description of Work Performed:

9. Quality of Work Performed and Products Delivered:

1. Degree of Cooperation by Contractor and Your Organization.

(a) How well overall did the Contractor work with the Contracting Organization?

1. Timeliness of Contract Work.

(a) Was work completed on time?

(b) Were there any unresolved problems during performance or afterwards?

13. Would you recommend the Contractor? Yes No If no explain why

Rating __________________ (Excellent, Satisfactory or Unsatisfactory) Supporting Comments:

Excellent (E) - Performance meets contractual requirements and exceeds many to the Government's benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Satisfactory (S) - Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Unsatisfactory (U) - Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

(End of Attachment B)

ATTACHMENT C

DoDEA CLOUD VENDOR INFORMATION COLLECTION

Data Collection and Distribution

1. Does the vendor use the Privacy Impact Assessment to identify all data that the system provides the ability to collect, whether or not collection is required, per http://www.dodea.edu/upload/pia_DPS.pdf?

1. What, if any, data is collected by third parties (e.g., via cookies, plug-ins, ad networks, web beacons etc.)?

1. Does the vendor service meet the requirements for any of the following?

2. Children's Online Privacy Protection Act (COPPA), per http://www.coppa.org/coppa.htm

2. Family Educational Rights and Privacy Act (FERPA), per http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

2. Children's Internet Protection Act (CIPA), per http://www.fcc.gov/guides/childrens-internet-protection-act

System Management and Security

1. How is system penetration testing, vulnerability management, and intrusion prevention managed?

1. Are software updates and patches routinely or automatically on all servers?

1. Are software and hardware lifecycle management procedures in place to replace end-of-life products?

1. Is the system, including server(s) and network devices located in secure facilities under controlled circumstances (e.g., authorized personnel access lists, ID cards, entry logs)?

1. Are server(s) and network devices located in an environmentally controlled facility?

1. Are backups performed and tested regularly and stored off-site?

1. How are these backups secured? Disposed of?

Data Storage and Data Access

1. Where will information be stored and how is data “at rest” protected (i.e., data in the data center)?

0. Will any data be stored outside the United States?

0. Is all or some data at rest encrypted (e.g. just passwords, passwords and sensitive data, all data) and what encryption method is used?

1. How will the information be stored and transmitted?

1. How is data and access separated from other customers?

1. How does the provider protect data in transit, e.g., Secure Socket Layer (SSL), hashing, etc.?

1. Who has access to information stored or processed by the provider?

1. What process is in place to ensure vendor access to school records is limited to when necessary to provide the service to the school?

1. Are background checks completed on personnel with administrative access to servers, applications and customer data?

1. Does the vendor subcontract any functions, such as analytics?

1. What is the process for authenticating callers and resetting access controls, as well as establishing and deleting accounts?

1. How are third party government or law enforcement data requests managed?

Data and Metadata Retention

1. How does the vendor assure the proper management and disposal of data?

1. How is data deleted?

1. Is data deleted on a specific schedule or only on termination of contract?

1. What is the process to request the deletion of school data?

1. What is the process to request school data?

Development and Change Management Process

1. Are there standardized and documented procedures for coding, configuration management, patch installation, and change management for all servers and network devices involved in delivery of contracted services?

1. Are practices regularly audited?

1. What is the customer notification process for changes that will affect the security, storage, usage, or disposal of any information received or collected directly from the school?

1. Availability

3. Is there a guaranteed service level? If so describe?

3. What is the backup-and-restore process in case of a disaster?

3. What protection is in place against denial-of-service attack?

1. Audits and Standards

4. What is the process for the school to audit the security and privacy of records?

4. Are the security operations reviewed or audited by an outside group?

4. What security standard such as the International Organization for Standardization (ISO) and Payment Card Industry Data Security Standards (PCI DSS)?

Test and Development Environments

1. Will “live” student data be used in non-production (e.g., test or development, training) environment?

1. Are these environments secure to the same standard as production data?

Data Breach, Incident Investigation and Response

1. What is the process to manage a data breach in vendor systems?

1. What is the process to perform security incident investigations or e-discovery?

1. Regarding incident investigation, what is the process to request log data for end user, administrative and maintenance activity?

PROVIDE A COPY OF VENDOR’S INFORMATION TECHNOLOGY (IT) TERMS AND CONDITIONS.

(End of Attachment C)

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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

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

Technical and Past Performance is more important than Price.

Technical and past performance, when combined, are equal.

Final award will be made on the Best Value Continuum approach.

(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.

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

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

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

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

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

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

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

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

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

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

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

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

(2) Product or Service Group (PSG) 87, Agricultural…