RFQ_M00264-15-T-1098.doc

Section SF 1449 - CONTINUATION SHEET

POINT-OF-SALE (POS) HARDWARE

FFP

Brand Name Hewlett Packard (HP) Point-of-Sale Hardware, SKU #K9P6OUS

HP RP7 Retail System, Model 7800.

SALIENT CHARACTERISTICS:

Windows 7 Professional 64bit OS

Intel Core i5-2400S 2.5G 6M HD 2000 CPU

4GB DDR3-1600 SODIMM (1x4GB) RAM

256GB SATA 2.5 SSD

Intel 6205 802.11 a/b/g/n Mini PCIe NIC

15 inch Resistive AFD Display

3/3/3 AiO Warranty

Performance Stand with Packaging

OEM Integrated Docking/Port Replicator Port

Integrated Microphone & Headphone Jacks

Integrated Audio Controller & Speaker

Minimum Trusted Platform Module (TPM) v1.2 or better

Minimum (1) RGB/VGA (15-Pin) for external video display

Minimum (2) USB v2.0 Ports

Provide separate USB cables (self-powered, no external power source is required) with serial and parallel ports if physical ports are not available.

Minimum Integrated or external USB Smart Card Reader (i.e., for DoD Common Access Card (CAC)).

HP RP7 Performance Stand with Packaging

HP RP7 Country Kit

Energy Star 5.0 Label

HP Presentation Barcode Scanner

HP PUSB Thermal Receipt Printer

HP Retail RP7 VFD Customer Display

HP Standard Duty Cash Drawer

HP Standard Duty Till w/ Lockable Lid

HP Cable Pack for Dual HP Cash Drawers

SCM USB CAC Card Reader

APC POWER SAVING BACK-UPS RS 1500

**See Section 3.2 of the Statement of Work for a complete list of required component charateristics and part numbers for each POS Hardware set.

FOB: Destination

NET AMT

PROCUREMENT APPROACH

This is an acquisition of commercial services as defined in Federal Acquisition Regulation (FAR) 2.101. The Government will utilize the procurement procedures set forth in FAR Part 12 and Part 13.5, as applicable, for the execution of this procurement.

The Government intends to award one contract as a result of this solicitation.

CONTRACT TYPE

The anticipated contract will be a single firm fixed-price contract.

BUDGET

The Government’s budget for this requirment is $511,300.00.

STATEMENT OF WORK

Point-of-Sale (POS) Hardware Statement of Work

Marine Corps Food Management Information System (MCFMIS) Point of Sales (POS)

PART I: POS HARDWARE REQUIREMENT

Section 1 – Background

The Marine Corps requires a solution to automate the Marine Corps’ meal card and patron accountability process. The Marine Corps has already procured Computrition SuitePoint Point-of-Sale (POS) software and now requires hardware to utilize the software. The resulting solution will integrate with the Commandant’s Fueled to Fight initiative, implement a standardized Point of Service system, and provide the functionality to support a paperless and cashless accountability process. The acquisition of this POS Hardware is part of the standardization process. The solution will be implemented in all Mess Halls throughout the Marine Corps.

The current process tracks a patron’s meal card (DD172) to support headcount in USMC mess halls. This process is cumbersome and provides a greater potential for inaccuracy and fraud. An automated POS system will provide the USMC with greater accountability and audit ability of its meal delivery process.

A new POS module will be interfaced with the current Marine Corps MCFMIS/FOM Pro system. The new on-hand POS module (Computrition SuitePoint POS) will include features, and further enhance, the administrative processes currently implemented and in use at USMC mess halls in Hawaii. The new POS system will interface with the ODSE MCTFS database for USMC personnel updates and the MCPRD payroll systems. The requirements for these changes are detailed below.

Section 2 – Scope of Request

This SOW describes the general requirements for the production of hardware in support of the MCFMIS Suite Point software. The scope includes hardware production (which may include Government Furnished Equipment (GFE)), assembly, configuration, alignment, integration, testing and shipping to the designated Government specified location indiciated in Section 7.12 below. This equipment model should be constructed to support 168 POS terminals for 65 USMC Installations throughout the both Continental and Outside of Contiguous United States.

This Statement of Work explains the support requirements in respect to the procurement of the POS equipment for use with the MCFMIS Point of Service System.

Section 2.1 – Assumption of Responsibility

The Project Management Office (PMO) and local commands shall assume responsibility for the operation and sustainment of the POS terminals along with its associated peripheral components in accordance with these requirements. If necessary, local commands will transition any existing POS terminals and deploy new POS terminals and components without loss of service. This applies to any items subject to service level agreements.

Section 3 – MCFMIS Architecture Overview

MCFMIS POS is a multi-application system that interfaces with the MCFMIS FOM Pro system. It is comprised of a Back Office module that manages the POS registers in their various locations. The Back Office system is run in a Windows Server environment with an Oracle 11g database. The Register module collects customer information either by scanning CAC cards or through manual entry. The MCFMIS POS system will be designed to work either at the point of entry into the mess hall or at the end of the food line similar to a more traditional cafeteria style. This POS Register module is integrated with the POS Back Office system and provides real-time database updates or runs in standalone mode until such time as a connection to the POS Back Office can be established.

Section 3.1 – MCFMIS POS Configuration

As stated above, the MCFMIS POS is a two module system consisting of the Back Office and the POS Registers or Terminals. Installation of the Back Office and the POS Register Software will be the responsibility of the software provider and/or Headquarters Marine Corps (HQMC) IT. Once the Back Office is installed, it will be necessary to image the POS Registers and have them shipped to predetermined final site. The Government will be responsible for ensuring POS Registered are shipped to sites specified in Appendix B.

Each individual Marine Corps site specified in Appendix B will determine whether they shall have a “front of the line” or “end of the line” system. The installation site’s local G-6/S-6 department will ensure that each register can communicate with the Oracle database server and that each end-user workstation can communicate with the Citrix Application server farm. The installation of any non-Computrition related software on the register hardware, such as the Active Identity client and any virus scan applications, will be the responsibility of the Government. Computrition (the SuitePoint POS software manufacturer) will provide installation instructions for the assembly of the register peripheral under a separate acquisition previously awarded to Computrition.

POS Appliance Software Configuration

· Windows 7 Professional

· Oracle 11g XE

· SuitePoint! POS Register Software

· ActivClient- currently at version 6.2.0.172

Section 3.2 – Certify POS

HQMC, MCICOM has selected the POS model based on the recommendations provided by Computrition. The SuitePoint! Point-of-Sale system has tested and certified its core functionality around the identified Hewlett-Packard (HP) hardware solution. Computrition will take the POS through the Marine Corps hardware certification process so that it will be authorized to connect to the Marine Corps network.

Below is the itemized list of POS equipment required by HQMC, MCICOM.

Part #

Hewlett Packard:

HP RP7 Retail System Model 7800

The following are components of this item:

B0Z61AV

HP RP7 Retail System Model 7800

B0Z69AV

Windows 7 Professional 64bit OS

B0T08AV

Intel Core i5-2400S 2.5G 6M HD 2000 CPU

B0S94AV

4GB DDR3-1600 SODIMM (1x4GB) RAM

B0S90AV

256GB SATA 2.5 SSD

B0T04AV

Intel 6205 802.11 a/b/g/n Mini PCIe NIC

B0T24AV

HP RP7 15 inch Resistive AFD Display

B0T18AV

HP 3/3/3 AiO Warranty

B0T02AV

HP RP7 Performance Stand with Packaging

B0T21AV

HP RP7 Country Kit

G7D28AV

ENERGY STAR Qualified Label

Hewlett Packard:

Cash Drawer Till Inserts w/Lockable Lid

Hewlett Packard:

POS Keyboard

Hewlett Packard:

Presentation Barcode Scanner

SCM Microsystems:

SCM USB CAC Card Reader

APC:

POWER SAVING BACK-UPS RS 1500

Section 4 – Warranty Support Warranty Support is that support which vendors provide as a guarantee that their product will continue to operate at its advertised level of performance. The vendor will repair or replace the item at the vendor's expense provided the failure was a manufacturer’s defect. The vendor will repair or replace the item at the vendor’s expense provided the failure was a manufacturer’s defect.

Requirement: The Standard HP 3/3/3 warranty that comes with all HP Retail POS equipment means three (3) years for parts, three (3) years for labor, and three (3) years for on-site service). All HP Branded peripherals (scanners, cash drawers, receipt printers etc.) sold / installed at the same time carry the same warranty as the parent unit. The warranty shall be initiated no earlier than the day of shipment for final delivery of all items.

The contractor shall provide worldwide product warranty support that is responsive to the following requirements:

Section 4.1- Replacement Parts

Replacement parts shall be provided at no additional cost to the Government.

Section 4.1.1 - Replacement Parts Response Time

The vendor shall ship replacement parts within 24 hours of receipt of a trouble ticket (weekends and national holidays excluded) via the most expeditious mode.

Section 4.1.2 - Return of Failed Parts

At the time the contractor identifies to the customer a replacement part is being shipped in response to a trouble ticket, the vendor shall also identify the need to return the failed part. The return of the failed part to the vendor’s facility shall be at the vendor’s expense. To ensure the vendor receives failed parts, vendor shall:

• Ensure both the shipment of the replacement part as well as the need to return the failed part is included in the Helpdesk Summary Report.

• Include a return shipping container, appropriate packaging material and a United States Postal Service (USPS) pre-paid return label when shipping the replacement part to the customer if the customer is OCONUS.

• Include a return shipping container, appropriate packaging material and a pre-paid return label from a carrier of the vendor’s choice when shipping the replacement part to the customer if the customer is within CONUS.

• Contact the MCFMIS PMO if the failed part is not received within 30 days of the customer’s receipt of the replacement part.

Section 4.1.3 - Failed Hard Drives

Due to the potential compromise of sensitive information remaining on failed hard drives, the Government will not be required to return any hard drives. The Contractor can request the serial number of the failed hard drive when shipping a replacement. This information shall be included in the HSR.

Section 4.1.4 - Failed Media Drives

In situations in which the failed media drive is inoperable, such as tape and optical drives, it will not be returned until the physical media (tape, DVD, CD) is removed.

Section 4.1.5 - Repeat Failures

An end item shall be replaced if the same failure occurs three times within a six-month period. In example, if a computer undergoes three motherboard failures within six months the entire computer shall be replaced.

Section 4.1.6 - Mail-Back / Carry-In Repair

When warranted items are mailed back or carried into the contractor’s facility, the contractor shall complete the repair within 72 hours (in-plant processing time) and return ship the item to the requesting site. When items have been returned for repair, any repairs to correct non-warranted failures shall not be made without first receiving written authorization from the owning unit.

Section 4.1.7 - Mail-Back Repair Return Shipment

When warranted items are mailed back to the contractor for repair, the contractor shall ship the repaired or replaced item back to the customer with the same expediency as the customer shipped the item in for repair (i.e. the customer shipped the failed computer to the contractor with overnight shipping, the contractor shall ship the repaired computer back to the customer using overnight shipping) at the contractor's expense.

Section 4.2 – HP 3/3/3 Warranted Item

The HP 3/3/3 warranty applies to the following equipment:

Part #

B0Z61AV

HP RP7 Retail System Model 7800

B0Z69AV

Windows 7 Professional 64bit OS

B0T08AV

Intel Core i5-2400S 2.5G 6M HD 2000 CPU

B0S94AV

4GB DDR3-1600 SODIMM (1x4GB) RAM

B0S90AV

256GB SATA 2.5 SSD

B0T04AV

Intel 6205 802.11 a/b/g/n Mini PCIe NIC

B0T24AV

HP RP7 15 inch Resistive AFD Display

B0T18AV

HP 3/3/3 AiO Warranty

B0T02AV

HP RP7 Performance Stand with Packaging

B0T21AV

HP RP7 Country Kit

G7D28AV

ENERGY STAR Qualified Label

Hewlett Packard:

Cash Drawer Till Inserts w/Lockable Lid

Hewlett Packard:

POS Keyboard

Hewlett Packard:

Presentation Barcode Scanner

Section 4.3 - Non-Warranted Repair

When items have been returned to the vendor for repair and the vendor determines the failure to be a non-warranted failure, the vendor shall immediately notify the Contracting officer and the Project Management Officer, in writing. Non-warranted repairs shall not be made under this contract. Further assistance in resolving non-warranted repair shall be directed to the Contracting Officer.

Section 5 – Helpdesk Support Services

The vendor shall provide helpdesk support 24 hours a day, 7 days a week (24/7), including holidays. Additionally, the vendor's helpdesk shall provide customers the ability to obtain technical support and initiate trouble tickets via three (3) means of communication as follows:

· a worldwide toll free telephone number;

· a USMC specific website Uniform Resource Locator (URL); and

· direct email account.

Section 5.1 – Trouble Tickets

Trouble tickets shall be assigned as one trouble ticket number per serialized asset from the time of initiation until it is resolved. All follow-up inquiries shall be logged under the original trouble ticket and shall provide email work status updates to the trouble ticket initiator when there is a change in the status of the trouble ticket, until the ticket has been closed. The contractor shall send trouble ticket closure notification emails to the initiator when the vendor believes all required action has been taken to resolve the problem. Trouble tickets shall remain open until the problem has been resolved and confirmed by the customer..

Section 5.2 – Helpdesk Technicians

The vendor's helpdesk technicians shall be trained in helpdesk services specific to the Marine Corps as contained in this SOW and shall:

• Be fluent in English.

• Be capable of troubleshooting hardware and Operating System (OS) software with Marine Corps customers.

• Record all information for the Helpdesk Summary Report (HSR).

• Direct vendor shipment of replacement repair parts when required.

• Issue a Return Material Authorization (RMA) number and a ship-to address when the return of failed equipment is required.

• Inform the customer of the contractor's ability to dispatch on-site labor services to correct failures. If applicable, dispatch and coordinate on-site labor services at no additional cost to the Government when equipment is covered under the on-site support provision.

• Provide the customer with replacement parts shipment information, informing the customer how to track the shipment and verify in-transit location until the part arrives.

• If the vendor provides a replacement part and requires that the customer return the failed part, include a pre-addressed, pre-paid container within the packaging of the replacement part. All shipments Outside the Continental United States (OCONUS) must be shipped via United States Postal Service (USPS), any Continental United States (CONUS) shipment can be delivered via a carrier of the contractor’s preference. Ensure to enclose instructions telling the recipient of proper actions to take in returning the failed part.

• Technicians shall not troubleshoot a problem longer than 45 minutes before transferring the caller to a more knowledgeable technician.

• Technicians shall not delay callers longer than 45 minutes before resolving the issue to the customer’s satisfaction.

• Direct any unresolved issues to the MCSC Program Office.

Section 5.3 – Recall Service/Bulletin

In the event of a terminal defect or product recall, the contractor will be responsible for disseminating this information and making sure that each affected terminal or component is serviced under the provisions expressed within the recall notice. Recall or service bulletins shall be distributed to the MCFMIS System Administrator, in writing, via email. During a service call/warranty claim, the contractor is responsible for classifying an item as a repairable product or an expendable product.

MCFMIS System Administrator’s: Name, email, and phone number to be provided at time of award.

Section 6- System Sustainment Requirements

Section 6.1 – Upgrading

Contractors shall provide authorized Government personnel the requirements to perform system upgrades using manufacturer authorized components, not to exceed technical allowable specifications. Upgrades meeting the manufacturer’s specifications will not void the warranty.

Section 6.2 - End of Life (EOL) Model Change

If the on-hand equipment is not repairable and the contractor has determined the model is no longer produced and therefore cannot replace with the same model, the vendor shall replace the equipment with an updated model. The replacement shall be at no additional cost to the Government. For changes to the model version or the model type or for any CLIN, the vendor shall:

• Notify the MCSC Contracting Office and MCFMIS PO at least 30 days prior to the change.

• Coordinate a date and location to demonstrate the new item to the MCSC PO.

• Vendor shall provide technical specifications data sheets and a comparison breakdown of the minor modifications to contracts and the PO.

Section 7.1.3- Direct Access

Vendors will provide access to technical references to authorized personnel. These authorized personnel have obtained the required technical training as evidenced by their being awarded a Military Occupation Specialty (MOS) number for military or series number for civilians which identifies their qualification to perform computer repair actions or are civilian IT personnel. If vendors require a certification, this may be accomplished by allowing the authorized personnel to access the vendor’s certification process by entering a 'passcode' instead of a credit card number to obtain a Personal Identification Number (PIN). Vendor may provide an area on their website which allows authorized personnel (Para 6.1.4) to complete an initial registration in order to obtain a ‘passcode.’ Vendors shall provide a report of personnel that have been granted direct access to the MCFMIS PO. See Appendix F for information required in submitting the report.

Section 7.1.4- Authorized Repair MOSs

Only Marines possessing one of the following MOSs are authorized to make Type 2 service calls: 0651, 0656, 0659, 0689, 0699, 2651, 2823, 2841, 2844, 2847, 2862, 2891, 5939, 5948, 5952, 5953, 5954, 5959, 5974, 5979, 5993 and 6694. As such, only Marines possessing one of these MOSs and civilian (with the appropriate credentials) IT personnel are approved to obtain vendor certifications to obtain direct access.

Section 7.1.5- Warranty Self-Maintenance (WSM) Repair

Vendors shall allow Marines possessing an authorized repair MOS, as previously identified, and civilian IT repair personnel to conduct removal and replacement repair without voiding the vendor's warranty, to include that of the Original Equipment Manager (OEM) when the vendor is a reseller. If vendor requires that such Government personnel have additional training, they shall offer it at no cost and it shall be coordinated with the MCICOM G-6.

Section 7.2- Asset Tag

The vendor shall affix a permanent plastic or plastic-like, coated, smear-proof, non-removable asset tag to each production item. Asset tags shall be sufficiently sturdy to last through the expected life of the system and shall be no larger than 3 inches high by 3 inches wide. Unless otherwise indicated by the Government, asset tags will consist of black lettering placed on a white background. The Asset Tag may also be placed on a wire tethered tag that is affixed to the system in a conspicuous location that does not interfere with the operation or maintenance of the system. See Appendix G for information required to complete an asset tag. The asset tag shall be on an external surface or wire tethered tag wherever it is most conspicuous and visible. Where possible, avoid placing tags on access panels.

Section 7.3- Unique Item Identifier (UII) Requirement

The vendor shall affix a Unique Item Identification (UII) label to each item as identified in the award (DFARS Clause 252.211.7003) regardless of the unit cost. The label shall be a plastic or plastic-like, coated, smear-proof UII label that is difficult to remove and is sufficiently sturdy to last through the expected life of the system. The label shall be visible when the equipment is in its normal operating position or easily accessed location (i.e. the top lid of laptops).

Section 7.4- Registration

The vendor shall enter all registration information into their warranty database prior to delivering the equipment. The Government shall not be responsible for registering equipment.

Section 7.5- Re-serialization

If the vendor is unable to repair a failed end item, the vendor is responsible for re-serializing the replacement end item to match that of the failed item. If re-serialization is not possible, the vendor is responsible for notifying the COR, and identifying the serial numbers of both the replacement and the failed item. The vendor is responsible for complying with all UII requirements for replacement items as previously stated, to include applying a UII label, and updating the Item Unique Identification (IUID) registry as applicable. The vendor shall also update its database and transfer warranty information to the new (replacement) item. Additionally, this information shall be annotated in the HSR.

Section 7.6- Relocation of Units

Changes in equipment location and / or the unit to which the equipment is assigned will have no effect on the vendor’s responsibility to perform in accordance with the provisions of this LSR. The Government is not required to notify the vendor of the relocation or reassignment of its warranted equipment.

Section 7.7- Points of Service

To ensure that vendors are capable of meeting field service technician response times for onsite service, the vendor shall identify specific points of service for the designated 'Points of Service' identified in Appendix B, submitted to the MCFMIS PMO (xxxxxxxxxxx@usmc.mil). Points of service locations are divided into two regions to identify those within the United States and specified territories and those in all other locations. This provision refers to the vendor's requirement to provide field service technicians and does not affect the vendor's worldwide warranty support responsibility regarding other provisions, such as mail back, replacement parts, warranty self-maintenance, etc.

Section 7.8- Field Service Technician Requirements

In the event that a field service technician is required to perform on-site repair service at Government location, Technicians shall be fluent in English to discuss computer technical characteristics with Marine Corps personnel. The following field service technician requirements apply:

Section 7.8.1- Military Base Access

Vendor shall ensure that field service technicians are able to obtain access to military bases at designated points of service in response to trouble tickets. At a minimum, technicians shall be capable of obtaining “Escort Required” access. Prior to arriving at the military installation, field service technicians are responsible for coordinating with the point of contact identified during trouble ticket initiation to obtain a Marine Corps personnel escort.

Section 7.9 - Equipment Recall

In the event of an equipment recall, the vendor shall:

• Notify the COR of affected equipment.

• Coordinate with the COR for additional information, such as:

· Ship-to locations and associated points of contact.

· Quantity of affected items.

· Priority of shipment (if required).

· The Government’s recall coordinator.

· Any additional information required.

• Ship replacement equipment within 30 days of receiving the ‘Recall Notification Response’ from the Government’s recall coordinator.

· Include pre-paid, pre-addressed return shipment containers to support the return of recalled equipment.

• Be responsible for disposing of hazardous materials or accruing expenses due to disposal of recalled items.

Section 7.10- Suitable Substitute

In the event the vendor is unable to provide / ship replacement parts within 24 hours of the trouble call and after obtaining the concurrence of the COR or regional Technical Representative, the vendor is responsible for providing a suitable substitute at no additional cost to the Government. The vendor will ensure the substituted item meets or exceeds the physical, technical, and logistical requirements of the delivery order in which it was originally provided.

Section 7.11- Packaging

Vendors shall ensure the following packaging guidelines are followed:

• Desktop – consists of a single Central Processing Unit (CPU), monitor, keyboard, mouse and associated media (CD-ROM, manuals, instruction, etc.):

· Components of a desktop may be packaged in separate boxes to form a complete package.

· A complete package, consists of all components (hardware / software / media), to include associated CLIN items required to setup and operate properly.

· A complete package may be shrink-wrapped or boxed together, but shall be packaged in a manner in which it cannot be moved separately.

Section 7.12- Shipping

Vendor shall only ship completed packages, ensuring that scheduled delivery dates (per contract award) are met. Vendors shall include a complete Bill of Material (BOM) / packing list and a complete copy of the contract with each shipment.

Vendor shall ensure that all items are preserved, packaged, packed and marked in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure safe and timely delivery at the intended destination. All data and correspondence submitted shall reference:

1. The Agency Delivery Order Number

2. The Delivery Order Tracking Number

3. The government end user agency

4. The name of the COR

Containers shall be clearly marked as follows:

1. Name of contractor

2. The name of the COR

3. The Agency Delivery Order Number

4. The Delivery Order Tracking Number

5. Description of items contained therein

6. Consignee(s) name and address

Delivery Location:

MARINE CORPS ENTERPRISE STAGING (M96368)

ATTN: Linda Sherburne

BUILDING V-53

9456 FOURTH AVENUE

NORFOLK VA 23511

Section 7.12.1- Incomplete Package Shipments

Vendors are not authorized to ship incomplete packages. For example, a vendor only has 200 monitors to complete a 500 workstation order. The vendor will not be allowed to ship all 500 CPUs until the remaining 300 monitors become available and can be included in the shipment. The vendor may receive authorization to make a partial shipment of 200 completed packages, but shall receive authorization beforehand.

Section 7.12.2- Partial Shipments

Partial shipment of an order is only authorized after obtaining explicit authorization by the Contracting Officer. For example, a vendor shall not ship a quantity of 200 workstations of a 500 workstation order, even if the 200 were complete packages, without first receiving approval.

Section 8- Documentation Provided by the Vendor

The vendor shall provide technical documentation, user manuals, and applicable Material Safety Data Sheets for procured items as listed below.

Section 8.1 Technical Documentation/ User Manual

At the time of contract award or model change, the vendor shall make available via the vendor’s website and provide a copy of the technical documents (manuals and drawings) that demonstrate the procedures for the removal and replacement of those parts. The Vendor will also provide a user manual for each computer ordered. The manual may be hardcopy or standard CD / DVD.

Section 8.2 Material Safety Data Sheets

The vendor shall forward an electronic copy of all applicable Material Safety Data Sheets (MSDS) to the COR within two days of the initial shipment date for every delivery order. Vendors shall make all applicable MSDSs available via the vendor’s Marine unique website (URL) address.

Appendix A Acronyms

Appendix B Points of Contact

MCFMIS Program

Office

Information

Technology

Infrastructure (ITI) Team Lead

*Address, phone number, and email information will be provided at time of award.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

(B) Have ( ) have not ( ), 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); and

(C) Are ( ) are not ( ) 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.; and

(D) Have , have not , 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:

(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. Sec. 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. Sec. 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. Sec. 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 ( ) has not ( ), 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).

(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 nonresponsible.

(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 (JULY 2013)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-3 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) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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…