SECTION E-SOLICITATION PROVISIONS revised.pdf

SECTION E

PROVISIONS INCORPORATED BY REFERENCE

FAR Provision No. Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions.

SEPT 2007

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008

52.212-1 Instructions to Offerors -- Commercial Items JUN 2008

52.215-1 Instructions to Offerors-Competitive Acquisition JAN 2004

52.217-5 Evaluation of Options JULY 1990

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction

FEB 1999

52.222-24 Pre-award On-Site Equal Opportunity Compliance Evaluation FEB 1999

52.222-38 Compliance with Veterans‘ Employment Reporting Requirements SEP 2010

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-

Certification

SEP 2010

52.237-10 Identification of Uncompensated Overtime OCT 1997

3052.247-72 FOB Destination Only DEC 2003

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil or http://www.arnet.gov/far/ (End of provision)

PROVISIONS INCORPORATED IN FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and http://farsite.hill.af.mil/ http://www.arnet.gov/far/

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror‘s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

FAR 52.209-5, CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

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

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

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

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

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

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144964

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

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

(2) Examples.

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

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

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §

6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

Code).

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

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United

States and the Making of a False, Fictitious, or Fraudulent Certification May Render the

Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

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

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror‘s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 – Information Regarding Responsibility Matters. (Apr 2010)

(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 proceeding 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).

(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 enter 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 Central

Contractor Registration database at http://www.ccr.gov (see 52.204-7).

―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). (end of provision)

52.216-1 Type of Contract. (Apr 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity contract resulting from this solicitation. (End of provision) http://www.ccr.gov/

52.219-1 Small Business Program Representations (APR 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210, Electrical Contractors and Other Wiring Installation Contractors.

(2) The small business size standard is $14M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer 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 (b)(4)(i) of this provision is accurate in reference to the

WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture:

__________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that—

(i) It o is, o is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part

127, and the representation in paragraph (b)(5)(i) of this provision is accurate in reference to the

EDWOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) 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.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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 (b)(8)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision—

―Economically disadvantaged women-owned small business (EDWOSB) concern‖ means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

―Service-disabled veteran-owned small business concern‖—

(1) Means a small business concern—

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

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

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

―Small business concern‖ means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

―Veteran-owned small business concern‖ means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at

38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

―Women-owned small business concern‖ means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm‘s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The Offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed

SubOfferors, will be obtained before subcontract awards. (End of provision)

52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.

(b) By signing this offer, the offeror certifies that—

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical

Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.]

[ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

[ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at

40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

[ ] (iv) The facility does not fall within the following Standard Industrial Classification

(SIC) codes or their corresponding North American Industry Classification System sectors:

(A) Major group code 10 (except 1011, 1081, and 1094.

(B) Major group code 12 (except 1241).

(C) Major group codes 20 through 39.

(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

[ ] (v) The facility is not located in the United States or its outlying areas..

(End of provision)

52.233-2 SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS

General Information:

I. Solicitation Amendments Any solicitation amendments will be posted electronically to www.fbo.gov. Offerors are responsible for accessing the web page – www.fbo.gov.

II. Clarification, Questions or Concerns The CO is the sole point of contact for this acquisition. Written requests for clarification, questions or concerns shall be sent to the following via email address only: cableocio@dhs.gov ALL QUESTIONS SHALL BE

SUBMITTED NO LATER THAN JUNE 6, 2011 AT 4 PM EDT. THE GOVERNMENT

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/Subpart%2031_1.html#wp1089550 http://www.fbo.gov/

WILL NOT RESPOND TO WRITTEN REQUESTS FOR CLARIFICATION,

QUESTIONS OR CONCERNS SUBMITTED AFTER THIS DATE. No oral requests for clarifications, questions or concerns will be accepted or responded to. The CO for this acquisition is Joanne Battaglia.

III. Errors and Omissions If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the

CO in writing with supporting rationale no later than five (5) business days after release of this solicitation. Also, the Offeror shall give written notification to the CO of ambiguities in the solicitation no later than five (5) business days after the release of this solicitation.

IV. RIGHT OF GOVERNMENT TO AWARD TO OTHER THAN PRIMARY

CONTRACTOR FOR SPECIFIC REGION

The Government reserves the right to order cabling services and support as outlined in

Attachment 5-Statement of Work, from another IDIQ contractor in the other four (4) regions or from another source if one or more of the following occurs:

a. The Government terminates the primary Contractor in a specific region for cause, per

FAR 12.403(c).

b. The Government determines the primary Contractor in a specific region has maximized their performance capacity and will not be issued new task order(s) for a specific period of time.

c. The Contracting Officer determines it is in the best interest of the Government to issue the task order to a Contractor for a specific region to other than the primary

Contractor.

It is at the discretion of the Contracting Officer to issue task order(s) outside of the designed

IDIQ contractor in a region. The Contracting Officer‘s decision will be based on the other regions contractor‘s performance of the IDIQ, such as quality of service, timeliness of performance, price, etc.

A. Type of Award The Government intends to award one (1) single award, Indefinite Delivery

Indefinite Quantity (IDIQ) contracts for each of the five (5) regions identified in Attachment 4-

Regional Map for NCSS. Tasks for the OCONUS region will be completed as part of Region

Four (4), South Region. Task Orders (TOs) issued under this contract may be any one or more of the following contract types: Firm Fixed Price (FFP), Time & Material (T&M), Labor Hour

(LH) and travel will be reimbursed at actual cost.

B. Proposals Offerors have the opportunity to submit proposals for a minimum of one

(1) region and a maximum of five (5) regions. An Offeror shall submit one (1) fully-compliant proposal in response to the solicitation and indicate in the proposal the region(s) they intend to propose work for. The Offeror shall submit a separate Volume II, Phase 2, for each region they submit a proposal for. The Offeror‘s Proposal, or portions thereof, may be incorporated into the contract. The Government is NOT responsible to the Offeror for any costs related to the preparation and submittal of proposals. Note: Region Five (5), Headquarters/Capital Region, is set-aside 100% for Hubzone small businesses.

C. Offeror Amendments to Offeror Proposals Offeror amendments to proposals shall be submitted prior to the solicitation closing date as a complete revised proposal and labeled

―Revised Proposal.‖ Change pages will not be accepted.

D. Award without Discussions In accordance with (IAW) FAR 52.212-1, the Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the CO later determines them to be necessary. If discussions are deemed necessary, the CO may conduct discussions with only the highest ranked Offeror in the competitive range based on the evaluation factors set forth in the solicitation.

E. Period of Performance. The Period of Performance for the Indefinite Delivery Indefinite

Quantity (IDIQ) Contract consists of a one (1) year base period with four (4) one year options.

for each of the five (5) regions.

F. Proposal Due Date and Time No hand deliveries, emails or facsimiles submittals will be permitted. Past performance questionnaire responses only may be scanned and emailed to cableocio@dhs.gov All proposals are due at the location specified on July 6, 2011June 29, 2011June 22, 2011, 3:00 pm (Eastern Standard Time). All Offerors‘ proposal(s) shall be valid at least 180 days after the due date. The Offeror shall make a clear statement in Volume I, Tab 1:

Cover Letter that the proposal is valid until the applicable date as referenced above. For purposes of determining the timeliness of submission of proposals, only the hard copy submission shall be considered in making any proposal receipt timeliness determination. NOTE: IF THE

PROPOSAL IS NOT RECEIVED ON OR BEFORE THE EXACT DATE AND TIME OF THE

DUE DATE SPECIFIED, THE OFFEROR‘S PROPOSAL IS CONSIDERED LATE IAW FAR

52.215-1.

Proposal Submission. All proposals shall be submitted to the following address:

USICE Office of Acquisition Management

Attention: Joanne Battaglia

OAQ/ITS Mail Stop 5750

ICE

801 I St. NW Floor 8, Suite 800-42

Washington, DC 20536-5750

NOTE: All mail and packages are now comprehensively screened at DHS‘ Consolidated

Remote Delivery Site (CRDS) before delivery to ICE headquarters facilities. While ensuring mail and packages are safe, CRDS screening delays deliveries by one to five days.

Therefore, in order to meet the due date and time as specified in the RFP Offerors will need to take the following steps:

1) Submit its proposal via a delivery service that utilizes a tracking mechanism (i.e., FedEx, UPS, etc.);

2) Ensure the Mail Stop Code 5750 is included in the address on the label;

3) Send the tracking number ahead of time to the CRDS at info@crdsmail.com so that they can flag it on the loading dock to ensure that the package gets on the bio sample for the same day and expedite delivery to the Contracting Office; cc: the Contract

Specialist on the e-mail; and

4) Send the signed receipt for accepting the package to the designated Contract

Specialist above to establish the delivery date/time to the Government whereby the requested due date/time within one business day of the due date.

Note: Offers submitted through the US Postal Service shall be mailed to the address noted above. Offers must be sent via certified mail, return receipt requested, or registered mail so that a tracking number can be utilized. Because of tightened security measures, this method of delivery is strongly discouraged. Packages arriving through the postal service are screened and may be damaged prior to receipt at ICE. CDs within the package will be radiated and destroyed due to the screening process. These actions and other uncertain delays are probable and outside the control of ICE. Packages may take 2-3 weeks to reach the Contracting Office, which may mean that a proposal may be inadvertently eliminated from the competition.

G. Proposal Contents

All proposals shall be submitted as follows:

The Offeror‘s proposal shall consist of two (2) separate volumes. Offerors shall submit all two (2) volumes as a part of the initial proposal. Offerors shall indicate in Volume 1, Tab 1, , the region(s) they are submitting proposals for. The Offeror shall submit a separate Volume 2, Phase 2, for each region they submit a proposal.

-One (1) CD for Volume I-Phase 1

-One (1) CD for Volume II-Phase 2

-One (1) original and Five (5) each hardcopy copies of Volume I, Phase 1

-One (1) original and Five (5) each hardcopy of Volume II, Phase 2

-One (1) CD for Volume I-Phase 1

-One (1) CD for Volume II-Phase 2

-Five (5) each hardcopy copies of Volume I, Phase 1

-Five (5) each hardcopy of Volume II, Phase 2

VOLUME II, PHASE 2, WILL ONLY BE OPENED BY THE GOVERNMENT ONLY

AFTER OFFERORS ARE ACCEPTED INTO PHASE 2 OF THE EVALUATION

PROCESS.

All information shall be confined to the appropriate volume. The Offeror shall confine submissions to essential matters, sufficient to define the proposal details, in a concise manner, to permit a complete and accurate evaluation of each proposal. All volumes of the proposal shall consist of a Table of Contents. Proprietary information shall be clearly marked. Offerors who propose to use subcontractors shall provide the same information as is required for the prime

Offeror IAW FAR 52.212-1.

mailto:info@crdsmail.com

The submission shall be clearly indexed and logically assembled. Each volume shall be appropriately numbered and clearly identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page. NOTE: Please submit a signed and dated cover letter with your proposal addressed to Ms. Joanne Battaglia with your company‘s contact information. A Table of Contents should be created for each volume. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies to all volumes. Proprietary statements only, if applicable, may be included in an 8 point font.

New Times Roman fonts are required. No double sided pages. Graphics and/or charts if used, it will count in the page count. Graphics shall be 10 point font or larger. Foldouts if used, will count as 1 page as measured by standard 8.5 X 11‖ page size. Example, if a foldout measures 10‖ X 11‖, this foldout will count as two pages, if it is 18‖x11‖ it shall count as three pages, etc.

H. Written proposals shall be submitted in two (2) volumes, as outlined above in the Proposal

Contents section. Offerors shall attach a cover sheet to the outer cover of each volume, which clearly identifies each volume-by-volume number, volume name, and copy number (i.e., Volume

II, Phase 2, original or Volume II, Phase 2, copy 1 of 5), Request for Proposal (RFP) number, and date of submission. Use tab indexing sufficient to identify all sections within a particular proposal volume. The cover sheet attached to the outer cover of each volume, the tab index and the tab indexing pages will be excluded from the page count requirements for Volumes

1 and 2. Do not include writing on the tab index page other than that required to identify the particular section. Those pages that exceed the page counts for each volume or attachment will not be evaluated. For purposes of determining the timeliness of submission of proposals, only the hard copy submission shall be considered in making any proposal receipt timeliness determination. In the event of any inconsistency between the hard copy pricing tables and the electronic submission, the hard copy pricing tables shall take precedence.

I. Terms and Conditions The Offeror is required to meet all solicitation requirements, terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. By submission of its offer, the Offeror accedes to all solicitation requirements, terms and conditions, representation and certifications, and technical requirements. The Offeror is to provide a statement of acceptance of the solicitation requirements.

J. Proposal page Limits and Descriptions

Volume I-Phase 1 (Not to Exceed 30 pages)

Tab 1-Executive Summary

Tab 1-Executive Summary (page count excludes Master Table of Contents, SF 1449, Blocks 30a, 30b, and 30c, Representations and Certifications (See 52.212-3), terms and conditions, POC list, cover letter, Subcontractor Consent Letter and Signed RFP

Amendments).

Tab 2-Similar Experience (page count excludes resumes for Key Personnel)

Tab 3-Past Performance

Volume II-Phase 2 (Not to Exceed 50 pages)

Tab 1-Project Management

Tab 2-Sample Design Scenario Proposal (excluding price)

Tab 3-Sample Design Scenario Price Proposal and Overall Cost/Price

J.1 Volume I: Phase 1

Volume I/Tab 1: The Executive Summary

The Executive Summary shall describe the Offeror‘s general background, organization, capabilities, experience, and other pertinent information. This section will not be considered in the Government‘s evaluation; material presented here shall not be considered as meeting the requirements for any portions of other volumes of the proposal.

The Executive Summary shall contain a cover letter that includes, but is not limited to proposal validity period and exceptions to the solicitation. The Offeror shall include their Representations and Certifications (See 52.212-3) in the Executive Summary. The

Executive Summary shall also include the following:

POC List

For the prime Offeror and each teammate/subcontractor, a one-page summary shall be provided that identifies the

Company/Division

List of Subcontractors

Mailing Address

CAGE code

Tax Identification Number (TIN)

Size of business (large or small) and North American Industrial Classification System

(NAICS) code(s)

Congressional district of parent company

Primary and alternate point of contact for all matters concerning the proposal (i.e.

including name, position title, address, phone, and e-mail address)

Master Table of Contents

This tab shall contain a master table of contents (with hyperlinks in the electronic version) of the entire proposal.

Proposal Matrix

The Offeror shall provide a Proposal Matrix to cross reference their proposal to the

Addendum to 52.212-1 - Instructions to Offerors and 52.212-2 – including the addendum

Evaluation of Commercial Items and the Statement of Work (SOW). This proposal matrix is only a tool to assist in the proposal evaluation process. The Offeror is ultimately responsible for ensuring all areas are addressed fully and all requested information is completed and turned in appropriately.

Instruction to

Offerors

Evaluation of

Commercial Items

SOW

Paragraph #

Proposal

Volume/Page/Paragraph

Proposal Matrix (Sample)

Terms and Conditions

The Offeror is to provide a statement of acceptance of the solicitation requirements.

SF 1449, blocks 30a, 30b and 30c

Any amendments (if issued), signed and dated

Volume I/Tab 2: Summary of Similar Experience

The Offeror shall demonstrate similar experience as defined below in the similar experience elements in order to demonstrate its capability to adequately and completely consider, define, and satisfy the requirements specified in the solicitation and SOW.

Description of Similar Experience

The Government desires the Offeror to have a minimum of five (5) years experience in items 1-5 listed below. The Offeror shall submit a list of past contract/project which demonstrates the Offeror had a minimum of five (5) years experience in all of the following:

1. Performing sites visits and preparing installation estimates to include the following deliverables:

a. Cable Installation Report b. Letters of Certification

c. Bill of Materials d. Cable Plant Database/Cut Sheet

e. As-Built Site Drawings* f. Cable Plant Test Results

g. Cable Plant Test Results h. Cable Installation Report and Test Results

i. Ready for Use Letter(s)

*Includes site drawing, drop list, and Fluke Network Report

2. Installation of copper, fiber and coaxial cabling. This experience specifically includes voice/data network cabling (copper and fiber) in addition to coaxial cabling.

3. Cabling experience of newly constructed or existing single and multi-story buildings for all of the cabling types noted in #2 above. These buildings may be frame or steel construction.

4. Experience with 10-200 drops per job (retrofit or new is acceptable).

5. Experience cabling in historic structures, which includes, but is not limited to, experience with marble.

In addition to the contract/project descriptions for similar experience, the Offeror shall provide the following information for each of the contracts included in the description of similar experience:

Contractor/Subcontractor place of performance and Data Universal Numbering System

(DUNS) Number. If the work was performed as subcontractor, provide the name of the prime contractor and a POC within the prime contractor organization (name, current address, e-mail address, telephone number and fax numbers).

Government/Commercial contracting activity, current address, Procuring CO's name, e-mail address, telephone and fax numbers.

Government‘s technical representative/COTR or Commercial technical representative to include current e-mail address, telephone and fax numbers.

Government contract administration activity/Commercial Contracting Office and the

Administrative CO's name, current e-mail address, telephone and fax numbers.

Contract Number. In the case of Indefinite Delivery type contracts, GSA contracts, and

Blanket Purchase Agreements, include Delivery Order Numbers.

Contract Type (i.e. FP, CR, T&M, etc.) In the case of Indefinite Delivery contracts, indicate specific type (i.e. Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc).

Awarded price. Final or projected final price.

Original delivery schedule, including start and completion dates. Final or projected final delivery schedule, including start and completion dates.

Resumes (no page limit)

The Offeror shall include resumes for all Key Personnel, the Cable Installation

Technician(s) and the CAD Operator. Resumes of Key Personnel and other personnel proposed IAW the SOW shall not exceed two (2) pages per resume. Resumes will not be included in the page limit.

The Government desires the proposed Program Manager (PM) (Key

Personnel) to demonstrate a minimum of ten (10) years experience specific to installation of cabling and cabling support services of which a minimum of five

(5) years shall be project management experience. Project management experience shall demonstrate high risk, sensitive projects and management experience managing projects and staff of comparable scope to the effort anticipated.

The Government desires the proposed Alternate PM (APM) (Key Personnel) to demonstrate a minimum of five (5) years project management experience or similar experience at a position of authority or senior to midlevel responsibility specific to installation of cabling and cabling support services. Of which a minimum of three (3) years shall be project management experience, demonstrating project management support services with large number of resources, of high risk, sensitive projects and midlevel management experience managing projects and staff of comparable scope to the effort anticipated.

The Government desires the proposed Project Coordinator (PC) (combined coordinator and site planner) (Key Personnel) demonstrate a minimum of four

(4) years experience in managing major cabling projects, installing, testing, and diagnosing problems, determining personnel resource requirements, tracking schedules and formulating budgets. The Government desires the PC to have experience with designing network topologies, fiber backbones, and network components, repairing voice and data cabling and demonstrated extensive knowledge of all types of other cabling, wiring, connections, and related equipment. The Government desires the PC to have experience with designing the layout of the equipment racks in computer rooms and remote wire closets and in developing site planning documents and estimates. The Project Coordinator serves as the onsite coordinator on all site surveys, installations and warranty repair requirements. The PC shall validate and be responsible for all deliverables to include all certification of all test results.

The Government desires the proposed Cable Installation Technician(s) demonstrate a minimum of two (2) years experience in prior projects installing, terminating, testing, diagnosing problems, and repairing voice, data, TV and antenna cabling. The Cable Installation Technician should have experience in preparing equipment rooms for cabling which includes the installation of equipment racks, patch panels, voice wiring blocks (66/110) and cable management systems. The

Government is requesting the Offeror to provide resumes of ALL Cable Installation

Technician(s) that are planned to support this contract and as needed as contractors change over the lifecycle of the contract.

The Government desires the proposed CAD Operator to demonstrate a minimum of two ( 2) years experience in developing CAD cable plant diagrams. The CAD

Operator must be able to convert paper drawings into electrical format that are based on written instructions provided by the cable team at the completion of the Site

Survey and cable Installation. The CAD Operator shall be able to convert CAD drawings into PDF format and must be familiar with network cabling terms and technologies.

Volume I/Tab 3: Past Performance

The Government will evaluate past performance of three (3) but not more than five (5) current or previous contracts for relevancy and recency based on how well the contractor performed on projects of similar dollar value, scope, and complexity. Recency is defined as within the preceding five (5) years. Relevant is defined as similar in scope, complexity and relevance to the requirements of this Request for Proposals. Offerors are advised that the Government may use past performance information obtained from centralized past performance databases and sources other than those identified by the Offeror and the information obtained may be used for both the responsibility determination and the best value decision. The Government may consider as relevant, efforts performed for other agencies of federal, state, or local governments, and commercial customers. For contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance, or subcontractors that will perform key aspects of the requirement.

The Government may contact all or none of the persons listed as points of contact for each contract. The Government will evaluate the relevance and recency of the Offeror‘s experience, the quality of the Offeror‘s past performance, and a demonstrated ability to effectively utilize resources. The Government is seeking to determine how well the contractor performed on projects of similar dollar value, scope, and complexity.