Synopsis-Solicitation_HS0021-15-R-0006.pdf

COMBINED SYNOPSIS-SOLICITATION

Office of the Designated Approving Authority (ODAA) Support Services

(1) Action Code: Combined Synopsis/Solicitation Notice

(2) Date: April 22, 2015

(3) Year: 2015

(4) Contracting Office Zip: 22134

(5) Classification Code: R -- Professional, administrative, and management support services

(6) Contracting Office Address: 27130 Telegraph Road, Quantico, VA 22134

(7) Subject: Program Support Services

(8) Solicitation Number: HS0021-15-R-0006

(9) Closing Response Date: May 7, 2015 at 2:00pm ET

(10) Contact Point (s):

Shawna Mitchell, shawna.mitchell@dss.mil (Primary);

Summer Wilson, summer.wilson@dss.mil (Secondary)

(11) Contract Award and Solicitation Number: N/A

(12) Contract Award Dollar Amount: N/A

(13) Contract Line Item Number: N/A

(14) Contract Award Date: N/A

(15) Contractor: N/A

(16) Description:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number for this requirement is HS0021-15-R-0006 and is issued as a Request for Proposals (RFP). This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 12-Acquisition of Commercial Items and FAR Subpart 13.5-Test Program for Certain Commercial Items.

(iii) This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 05-80.

(iv) This acquisition is solicited as a 100% small business set-aside. The applicable NAICS code is 541611 with a small business size standard of $15.0 million dollars.

(v) The contract line item number(s), items, quantities and units of measure are identified in the Price Schedule (Attachment B).

(vi) The Defense Security Service (DSS), located in Quantico, Virginia has a requirement to procure support service for the Office of the Designated Approving Authority (ODAA) as set forth in the attached Performance Work Statement (PWS) (Attachment A). The Contractor shall provide all resources necessary to perform the requirements described in this solicitation, except as may be expressly stated as furnished by the Government in Part 3 of the PWS.

(vii) The period of performance will include a base period of six (6) months and one (1) six-month option period. The place of performance is DSS Headquarters, Quantico, VA.

(viii) The FAR Provision 52.212-1, Instructions to Offerors-Commercial Items (APR 2014) applies to this acquisition and includes the following addendum:

Addendum to FAR Provision 52.212-1:

52.212-1 (a) North American Industry Classification System (NAICS) code and small business size standard is tailored as follows: The NAICS code for this procurement is 541611. The Small Business size standard for this requirement is $15.0 million dollars.

52.212-1 (b) Submission of Offers is tailored as follows:

Offerors shall submit only one (1) offer in response to this Request for Proposal (RFP).

Therefore, the Offeror’s submission should demonstrate capability in response to the requirements. Offers shall be submitted in the format and content as described in this provision. Offers shall be submitted in both hardcopy and electronic format. If there are any discrepancies between the hardcopy and the electronic proposal, the hardcopy shall govern.

Hardcopies of proposals shall be submitted to the following address:

ATTN: Shawna Mitchell Defense Security Service 27130 Telegraph Road

R-K BLDG, MCBQ

Quantico, VA 22134

Electronic copies of proposals shall be submitted to the Contract Specialist, Shawna Mitchell at shawna.mitchell@dss.mil and to the Contracting Officer, Summer Wilson, at summer.wilson@dss.mil. The subject of the email shall include the solicitation number and the phrase “Proposal Submission”.

The Offeror shall submit their proposal (hardcopy and electronic) in response to this RFP by May 7, 2015 at 2:00 p.m. ET. Any response received after the date/time specified for receipt of offers will be considered “late” and will not be evaluated by the Government.

Proposals that are received late or at any location other than the designated mailing address or e-mail boxes will not be evaluated by the Government. E-mail transmission is not instantaneous and delays in transmission may occur anywhere along the route. The Government takes no responsibility for any delays in the transmission of the e-mail submission. It is the responsibility of the offeror to ensure that your response is received by the closing date and time.

Questions: All inquiries pertaining to any aspect of this solicitation must be submitted in writing via email to Ms. Shawna Mitchell, Contract Specialist, at shawna.mitchell@dss.mil and to Summer Wilson, Contracting Officer at summer.wilson@dss.mil by May 1, 2015 at 12:00PM ET, with the solicitation number referenced in the subject line. The Government reserves the right to not answer questions received after the designated deadline. All inquiries will be answered in writing and telephone inquiries will not be accepted.

System for Award Management (SAM): It is a Department of Defense requirement for all offerors to register on the System for Award Management website (SAM) located at www.sam.gov in order to be considered for an award. All offerors who are not registered in the SAM database at the time of the solicitation closing will not be considered for the award. The offeror shall have the appropriate NAICS code associated with this requirement in their SAM profile before an award can be made.

Basis of Evaluating Proposals: The government’s basis for evaluating Offeror’s responses to price, technical capability and past performance is specified in FAR Provision 52.212-2 herein.

Proposal Format:

Offerors shall prepare and submit their proposal as set forth in these instructions. When submitting your response for consideration, please ensure that all of the requested information is provided; failure to do so could result in your response being rejected.

Responses shall be presented in a manner that clearly addresses the requirements of the Performance Work Statement for this RFP and the Performance Requirements Summary.

The proposal shall provide a response, in the format and content as outlined below, for each of the following:

a) Price

b) Technical Capability

c) Past Performance

Offerors shall submit their proposal using three (3) separate volumes: Volume I-Price (1 hard copy), Volume II-Technical Capability (4 hard copies) and Volume III-Past Performance (1 hard copy). An electronic copy of each volume shall be submitted to the Government POCs identified above. Proposals shall be prepared using 12-point font on

8.5 x 11 inch white paper. Tables and illustrations may use a reduced font style, not less than 8-point. Proposal pages shall be numbered.

Page Limitations: The length of the response is limited as identified below. Information submitted beyond limitations will not be evaluated and could be cause for rejection of the response.

Section Page Limit

Volume I - Price No Limit Volume II - Technical Capability 15 Volume III - Past Performance 10

Cover Page: A cover page must be submitted as the first page of each volume. The cover page shall provide the following information:

Prime Contractor Company Name and Address Cage Code and DUNS Name, Title, Physical Address, Phone, and Email address of Authorized

Representative Solicitation Number Volume Number

Content of Proposals:

Volume I – Price:

The price proposal shall include details for all resources required to accomplish the requirements (e.g., labor hours, rates, incidental equipment, etc.). The price proposal shall identify labor categories, labor hours and labor rates. Provide a billing schedule for the base period of performance. Volume I-Price shall contain the following information:

a) Cover Page

b) One (1) hardcopy of the completed Price Schedule (Attachment B).

c) One (1) copy of the Offeror’s completed Representations and Certifications (FAR Provision 52.212-3); or, if representations and certifications were completed electronically on the System for Award Management (SAM) website, the Offeror shall submit a completed copy of Paragraph (b) of FAR Provision 52.212-3 Offeror Representations and Certifications—Commercial Items, contained herein or accessible via http://www.acquisition.gov/

Note: Submit one (1) electronic copy of Volume I to the Government POCs specified in the instructions above, as part of the Offeror’s electronic submission of their proposal.

Volume II – Technical Capability:

The Offeror shall submit one four (4) hard copies of Volume II. In addition, the Offeror shall submit one (1) electronic copy of Volume II to the Government POCs specified in the instructions above, as part of the Offeror’s electronic submission of their proposal. The content for Volume II is specified below. This volume must not contain any price/cost information, but shall include resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) in sufficient detail to evaluate the Offeror’s understanding of the PWS requirements. Volume II must address each of the following technical sub-factors (separately tabbed and labeled): Technical Approach, Management Approach and Staffing Plan, as follows:

Sub-factor 1- Technical Approach

The Offeror shall provide a narrative of its understanding of the requirement described in the Performance Work Statement (PWS) and its overall technical approach for fulfilling the requirement. Statements such as “the Offeror understands” or “the Offeror will comply” and statements that paraphrase the PWS or other contract requirements are inadequate. The Offeror shall describe its technical capabilities and experience and how it relates to the PWS. Discuss the unique aspects of the requirement (to include specific sections of the PWS), as applicable, and your approach to satisfying these requirements. Define the risks inherent in the requirement and/or your technical approach to mitigate those risks.

Sub-factor 2 Management Approach

The Offeror shall provide a narrative of its management approach to meet the requirements of the PWS. The Offeror’s management approach shall address the following areas: oversight; roles and responsibilities; performance, schedule, quality controls; and communication with the Government and subcontractors (if applicable).

Discuss any potential risks to the Government and how your company plans to mitigate risk.

Sub-factor 3 – Staffing Plan

The Offeror shall describe in detail its methods and procedures for recruiting and retraining highly qualified staff for this effort. The Offeror must provide the organizational structure, the total number of personnel, the education and professional certifications obtained by the personnel. The Offeror shall specify any additional positions which are to be considered key personnel. The Offeror shall provide labor category(s) and number of estimated hours to complete the work requirements per labor category; include descriptions of the responsibilities, skills, and qualifications for the proposed labor category(s) (to include security clearances).

Note: Please be advised that if the PWS includes security clearance requirements for personnel, they must be cleared to the appropriate level by closing submission date and time of the solicitation. If proposed personnel become unavailable prior to award, the Offeror shall notify the Contracting Officer as soon as this information becomes known to the Offeror, and provide corrected information.

Volume III - Past Performance

The Government will conduct a performance confidence assessment based on an Offeror’s recent and relevant past performance. Recent past performance is contract work performed and/or being performed within the last three (3) years from the issuance date of this solicitation. Relevant contract performance is work that is similar in scope and complexity to the requirements described in the Performance Work Statement (PWS). Offerors shall provide a minimum of one (1), but no more than five (5) past performance references with their proposal. For each past performance reference, the Offeror shall submit the following:

1. Provide the following information for each relevant and recent contract:

a. Name of Agency/Company

b. Address of Agency/Company

c. Contract Number

d. Contract Type (Fixed Price, Cost Reimbursement, etc.)

e. Total Contract Value

f. Contract Start and End Dates

g. Offeror’s Role (Prime Contractor or Subcontractor)

h. Customer Point of Contact Name, Address, Phone, and Email

2. The Offeror shall complete Section I (Contractor Information) of the Past Performance Questionnaire (PPQ) (Attachment C) and send to each customer the Offeror submits as reference for item 1 above. Upon completion of the PPQ, the customer reference shall submit the form directly to the designated Government POC identified on the form no later than due date and time for submission of proposals as provided herein. The Government reserves the right to contact the references to verify the information provided.

3. In addition, the Offeror shall submit one (1) electronic copy of Volume III-Past Performance to the Government POCs specified in the instructions above, as part of the Offeror’s electronic submission of their proposal.

52.212-1(c) Period of acceptance of offers is tailored as follows: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

(End of Addenda to FAR 52.212-1)

(ix) The FAR Provision 52.212-2, Evaluation—Commercial Items (Oct 2014) applies to this acquisition and is tailored as follows:

FAR Provision 52.212-2(a) is tailored as follows:

(a) The Government may award a single contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is determined to be the best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Capability Factors:

Sub-factor 1: Technical Approach Sub-factor 2: Management Approach Sub-factor 3: Staffing Plan

2. Past Performance

3. Price

Relative Importance Of Evaluation Factors:

The Government will employ a Best Value Trade-Off evaluation method for this requirement. The relative importance of each factor is as follows: Technical Approach, Management Approach, Staffing Plan and Past Performance are of equal importance. All evaluation factors other than Price, when combined, are approximately equal to Price.

Award Without Discussions:

The Government intends to evaluate proposals and award a contract without discussions with Offerors, except clarifications as described in FAR 15.306(a). It is incumbent upon the Offeror to submit its best proposal upon initial submission. However, the Government reserves the right to conduct discussions if later deemed necessary. In the event discussions are conducted, the procedures at FAR 15.306 will be followed.

Technical/Risk Rating Assessment of all non-price factors (except for Past Performance) will result in an overall combined technical/risk rating as described in Table 1.

Table 1 - Combined Technical/Risk Ratings

Rating Description

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses.

Risk of unsuccessful performance is low.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Note:

a rating of Unacceptable is not eligible for award.

Technical Evaluation:

The Offeror’s technical proposal will be evaluated to determine the degree to which the Offeror effectively demonstrates knowledge and understanding of the scope of work and the feasibility of the meeting the requirements of the Performance Work Statement based on evaluation of the Offeror’s technical approach, management approach and staffing plan. The technical sub-factors will be evaluated as follows:

Sub-factor 1: Technical Approach The Government will evaluate the degree to which the Offeror’s proposed approach demonstrates an understanding of and capability to meet the technical requirements.

Sub-factor 2: Management Approach Management approach will be evaluated to assess the ability of the Offeror’s management processes and methods to meet all PWS requirements.

Sub-factor 3: Staffing Plan The Government will evaluate the degree to which the Offeror’s proposed personnel possess the skills, qualifications and experience necessary to perform successfully on this effort and the degree to which the Offeror’s staffing procedures will lead to successful contract performance.

Past Performance Evaluation:

Past performance evaluation will assess the Offeror’s demonstrated recent and relevant record of performance (Refer to FAR 52.212-1 Instructions to Offeors) to determine the overall performance confidence assessment rating. The Government will review information obtained from Past Performance Questionnaires, as well as any additional information that may derived from other sources, such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity

Information System (FAPIIS), and other sources that may have useful and/or relevant past performance information. Performance that is not recent or relevant will not be evaluated for purposes of the performance confidence assessment.

The Government will assess relevancy as described in Table 2 below:

Table 2 – Past Performance Relevancy Ratings Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The Government will review recent and relevant past performance information to determine how well the Offeror performed on the contracts. The Government will assign a performance confidence assessment rating of the Offeror’s ability to successfully perform the requirements described in this solicitation. Past performance assessment will result in an overall rating as described in Table 3 below.

Table 3 – Performance Confidence Assessments Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

This performance confidence assessment rating represents the Government’s judgment of the probability of an offeror successfully accomplishing the proposed effort based on the offeror’s demonstrated past performance. Lack of recent and relevant past performance will not be evaluated favorably or unfavorably, but on a neutral basis.

Price Evaluation Price will be evaluated in accordance with the proposal analysis techniques defined in FAR 15.404, to determine if prices are fair and reasonable. Price will not be assigned an adjectival rating or be scored. The total evaluated price will be the base period price in addition to the total price of all option periods (including the six (6) month option period in accordance with FAR 52.217-8, Option to Extend Services). The price of the FAR 52.217-8 option period will be based on the pricing provided for the previous six month period provided on the contract from either the base six months or the optional six month pricing.

(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.

(End of Provision)

(x) Offerors shall include a completed copy of the Provision 52.212-3 Offeror Representations and Certifications—Commercial Items (Dec 2014) Alt I (Oct 2014) with its offer; or, if representations and certifications were completed electronically on the System for Award Management (SAM) website, the Offeror shall include a completed copy of Paragraph (b) of FAR Provision 52.212-3, contained herein with its price proposal in Volume I.

(xi) The FAR clause at 52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014) applies to this acquisition.

(xii) The FAR clause 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items (Dec 2014) applies to this acquisition.

The additional FAR clauses cited in 52.212-5 applicable to this acquisition are as follows:

52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8, Utilization of Small Business Concerns (Oct 2014) 52.219-28, Post Award Small Business Program Representation (Jul 2013)

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-21, Prohibition of Segregated Facilities (Feb 1999).

52.222-26, Equal Opportunity (Mar 2007) 52.222-35, Equal Opportunity for Veterans (Jul 2014) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37, Employment Reports on Veterans (JUL 2014) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-54, Employment Eligibility Verification (AUG 2013) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.225-13, Restrictions on Certain Foreign Purchases (June 2008) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(End of clause)

(xiii) Additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices: Not Applicable

(xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply to this acquisition.

(xv) Date, time and place offers are due: Refer to FAR Provision 52.212-1 included herein.

(xvi) Name and telephone of the POC for information: Refer to FAR Provision 52.212-1 included herein.

(17) Place of Contract Performance: DSS Headquarters, Quantico, VA 22134

(18) Set-Aside Status: 100% Small Business Set-Aside

CONTRACT CLAUSES:

The additional provisions and clauses applicable to this solicitation and the resultant contract are as follows:

I. Provisions Incorporated by Reference The following provisions are hereby incorporated by reference (by Citation Number, Title and Date) in accordance with the clause at FAR 52.252-1 Solicitation Provisions Incorporated by Reference contained in this document.

Citation Number Title (Date)

52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation (Dec 2014) 52.212-1 Instructions to Offerors—Commercial Items (Apr 2014) 52.217-5 Evaluation of Options (July 1990) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7004 Alternate A System for Award Management (Feb 2014)

II. Clauses Incorporated by Reference The following clauses are hereby incorporated by reference (by Citation Number, Title and Date) in accordance with the clause at FAR 52.252-2 Clauses Incorporated by Reference contained in this document.

Citation Number Title (Date)

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Apr 2014) 52.204-2 Security Requirements (Aug 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.242-15 Stop-Work Order (Aug 1989) 52.246-4 Inspection of Services—Fixed-Price (Aug 1996) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.232-11 Extras (Apr 1984) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.242-13 Bankruptcy (July 1995) 52.243-1 Changes—Fixed Price (Aug 1987) -ALT III (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Mar2015) 52.249-4 Termination for Convenience of the Government (Services)

(Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 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) 252.204-7000 Disclosure of Information (Aug 2013) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7005 Oral Attestation of Security Responsibilities (Nov 2001) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013) 252.204-7015 Disclosure of Information to Litigation Support Contractors (Feb 2014) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism (Dec 2014) 252.227-7015 Technical Data–Commercial Items (Feb 2014) 252.227-7037 Validation of Restrictive Markings on Technical Data (Jun 2013) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

III. PROVISIONS INCORPORATED BY FULL TEXT:

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 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).

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015)

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) website 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 (p) of this provision.

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

“Forced or indentured child labor” means all work or service—

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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.

“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 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

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

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

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

(b)

(1) 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 on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://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 (p) 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 electronically on SAM.]

(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 o is, o 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 o is, o 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 o is, o 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, that it o is, o 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 o is, o is not a women-owned small business concern.

(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 o is, o 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 o is, o 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 o is, o 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 o is, o 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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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 o 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) HUBZone 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—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product…