15-T-1256_DELL_EMC.pdf

M67001MARINE CORPS FIELD CONTRACTING SYS

P.O. BOX 8368 BLDG 1116

CAMP LEJEUNE NC 28547-8368

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$27.5

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

M67001-15-T-1256 21-Jul-2015

b. TELEPHONE NUMBER

910-451-7848

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 05 Aug 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

M67001

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JACOB LEDFORD

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

811212

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

MMP10015SSDH077

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

M67001-15-T-1256

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Dell Poweredge Server R710

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers H8XRRR1 AND HRBWRR1.

Period of performance for the base year will be from 11 August 2015-10 August

2016.

FOB: Destination

PURCHASE REQUEST NUMBER: MMP10015SSDH077

NET AMT

0002 2 Each

BROCADE 300

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 1YLK1L1 AND 8XLK1L1

Period of performance for the base year will be from 11 August 2015-10 August

2016.

0003 1 Each

POWEREDGE R610

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Number 3YQRRR1

Period of performance for the base year will be from 11 August 2015-10 August

2016.

0004 4 Each

POWEREDGE R900

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers J0YWVL1, 82YWVL1, 72YWVL1 AND 11YWVL1

Period of performance for the base year will be from 11 August 2015-10 August

2016.

0005 2 Each

DELL POWER VAULT ML6010

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 77J9J81 AND CBB9J81

Period of performance for the base year will be from 11 August 2015-10 August

2016.

0006 1 Each

EMC CX4-480 W/ DUAL CONTROLLERS

FFP

EMC CX4-480 with dual controllers Serial#: 21NBFD1 FC DAE with (120)

500GB Drives (Qty 8) Serial#: 4YMBFD1 SATA DAE with (120) 1TB Drives

(Qty 8) Brocade 5100 Fiber Switches with 40 GBIC (Qty 2) Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 21NBD1, 4YMBFD1 Period of performance for the base year will be from 11 August 2015-10 August 2016.

0007 1 Each

EMC2 CX4-480 W/DUAL CONTROLLERS

FFP

EMC2 CX4-480 w/ dual controllers Serial#: 9HMBFD1 $20,332.00 $20,332.00

(8) FC DAE with (120) 500 GB Drives Serial#: BHMBFD1 (8) SATA DAE with

(120) 1 TB Drives (2) Brocade 5100 Fiber Switches w/ 40 GBIC

Period of performance for the base year will be from 11 August 2015-10 August

2016.

1001 2 Each OPTION Dell Poweredge Server R710

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers H8XRRR1 AND HRBWRR1.

Period of performance for the first option year will be from 11 August 2016-10

August 2017.

1002 2 Each

OPTION BROCADE 300

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 1YLK1L1 AND 8XLK1L1

Period of performance for the first option year will be from 11 August 2016-10

1003 1 Each

OPTION POWEREDGE R610

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Number 3YQRRR1

Period of performance for the first option year will be from 11 August 2016-10

1004 4 Each

OPTION POWEREDGE R900

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers J0YWVL1, 82YWVL1, 72YWVL1 AND 11YWVL1

Period of performance for the first option year will be from 11 August 2016-10

1005 2 Each

OPTION DELL POWER VAULT ML6010

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 77J9J81 AND CBB9J81

Period of performance for the first option year will be from 11 August 2016-10

1006 1 Each

OPTION EMC CX4-480 W/ DUAL CONTROLLERS

FFP

EMC CX4-480 with dual controllers Serial#: 21NBFD1 FC DAE with (120)

500GB Drives (Qty 8) Serial#: 4YMBFD1 SATA DAE with (120) 1TB Drives

(Qty 8) Brocade 5100 Fiber Switches with 40 GBIC (Qty 2) Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 21NBD1, 4YMBFD1 Period of performance for the first option year will be from 11 August 2016-10 August 2017.

1007 1 Each

OPTION EMC2 CX4-480 W/DUAL CONTROLLERS

FFP

EMC2 CX4-480 w/ dual controllers Serial#: 9HMBFD1 $20,332.00 $20,332.00

(8) FC DAE with (120) 500 GB Drives Serial#: BHMBFD1 (8) SATA DAE with

(120) 1 TB Drives (2) Brocade 5100 Fiber Switches w/ 40 GBIC

Period of performance for the first option year will be from 11 August 2016-10

2001 2 Each OPTION Dell Poweredge Server R710

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers H8XRRR1 AND HRBWRR1

Period of performance for the second option year will be from 11 August 2017-10

August 2018.

2002 2 Each

OPTION BROCADE 300

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 1YLK1L1 AND 8XLK1L1

Period of performance for the second option year will be from 11 August 2017-10

2003 1 Each

OPTION POWEREDGE R610

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Number 3YQRRR1

Period of performance for the second option year will be from 11 August 2017-10

2004 4 Each

OPTION POWEREDGE R900

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers J0YWVL1, 82YWVL1, 72YWVL1 AND 11YWVL1

Period of performance for the second option year will be from 11 August 2017-10

2005 2 Each

OPTION DELL POWER VAULT ML6010

FFP

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 77J9J81 AND CBB9J81

Period of performance for the second option year will be from 11 August 2017-10

2006 1 Each

OPTION EMC CX4-480 W/ DUAL CONTROLLERS

FFP

EMC CX4-480 with dual controllers Serial#: 21NBFD1 FC DAE with (120)

500GB Drives (Qty 8) Serial#: 4YMBFD1 SATA DAE with (120) 1TB Drives

(Qty 8) Brocade 5100 Fiber Switches with 40 GBIC (Qty 2) Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for: Serial Numbers 21NBD1, 4YMBFD1 Period of performance for the second option year will be from 11 August 2017-10 August

2018.

2007 1 Each

OPTION EMC2 CX4-480 W/DUAL CONTROLLERS

FFP

EMC2 CX4-480 w/ dual controllers Serial#: 9HMBFD1 $20,332.00 $20,332.00

(8) FC DAE with (120) 500 GB Drives Serial#: BHMBFD1 (8) SATA DAE with

(120) 1 TB Drives (2) Brocade 5100 Fiber Switches w/ 40 GBIC

Period of performance for the second option year will be from 11 August 2017-10

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

2007 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 11-AUG-2015 TO

10-AUG-2016

N/A MMP100

DAVID L. SHAFER

1502 EAST RD BLDG 1502

CAMP LEJEUNE NC 28542

910-451-1710

MMP100

0002 POP 11-AUG-2015 TO

N/A MMP100

DAVE SHAFER

1502 EAST RD BLDG 1502

CAMP LEJEUNE NC 28542

910-451-1710

0003 POP 11-AUG-2015 TO

N/A MMP100

DAVID L. SHAFER

1502 EAST RD BLDG 1502

CAMP LEJEUNE NC 28542

910-451-1710

0004 POP 11-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 11-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 11-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 11-AUG-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 11-AUG-2016 TO

10-AUG-2017

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 11-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 11-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 11-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 11-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 11-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 11-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 11-AUG-2017 TO

10-AUG-2018

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 11-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

PERFORMANCE OF WORK STATEMENT

PERFORMANCE WORK STATEMENT

MCIEAST Non-MCEN-N Security, Network and Maintenance Support Services

Introduction.

As a result of the Marine Requirements Oversight Counsel (MROC) decision on 13 March 2007 and a memo from the Assistant Secretary of the Navy dated 31 October 2007, and follow on MROC and ASN-RDA documents, the G6 is assigned the task to rebuild, refresh and maintain the classified and unclassified services network under the Marine

Air Ground Task Force (MAGTF) Information Technology (IT) Support Center (MITSC) located aboard Camp

Lejeune. This network provides garrison NIPRNET, Next Generation Enterprise Network (NGEN), and garrison

SIPRNET services to the bases and stations within the MCIEAST Area of Responsibility (AOR). These enclaves support network(s) with Mail/File/Print/WWW and legacy applications (mission essential applications not supported by the NMCI contract). Therefore, the GOGO equipment and software requires continuous upgrades and warranty support.

Scope.

This requirement is for the purchase of non-personal services related to hardware manufacturer extended warranty support for the Assistant Chief of Staff (ACS G6), Marine Corps Installations East (MCIEAST) who is responsible for the security, operation and sustainment of all Command and Control (C2) network services for the region. These network(s) include the Wide Area Network (WAN), Base Area Network (BAN), Local Area Network (LAN), Secure

Internet Protocol Routed Network (SIPRNET) and the Non-Secure Internet Protocol Routed Network (NIPRNET) as well as the infrastructure and end devices that make up these networks. This PWS identifies the support requirements for the hardware installed and operating in these Government Owned Government Operated (GOGO) networking enclaves and environments. This contract will enable extended manufacturer software hardware warranty sustainment for the identified Dell EMC network assets aboard Camp Lejeune, NC and the MCIEAST user community.

Specifics for each line item are included below. This will be a Firm Fixed Price (FFP) contract.

Maintenance Support includes web support, 24x7 phone, firmware updates / upgrades and content updates for:

DELL POWEREDGE R710, H8XRRR1

DELL POWEREDGE R710, HRBWRR1

DELL BROCADE 300, 1YLK1L1

DELL BROCADE 300, 8XLK1L1

DELL POWEREDGE R610, 3YQRRR1

DELL POWEREDGE R900, J0YWVL1

DELL POWEREDGE R900, 82YWVL1

DELL POWEREDGE R900, 72YWVL1

DELL POWEREDGE R900, 11YWVL1

DELL POWER VAULT ML6010, 77J9J81

DELL POWER VAULT ML6010, CBB9J81

EMC2 CX4-480 with dual controllers, 9HMBFD1, BHMBFD1

EMC2 CX4-480 with dual controllers, 21NBFD1, 4YMBFD1

Places of Performance.

1. Marine Corps Base (MCB) Camp Lejeune, NC;

2. II Marine Expeditionary Force (MEF), Camp Lejeune, NC

Period of Performance.

The period of performance for the base year will be 11 August 2015 to 10 August 2016. The POP for the option years for each CLIN will be as follows 11 August 2016 to 10 August 2017 and for Option Year 2 will be 11 August

2017 to 10 August 2018.

Applicable Documents.

DoD 5220.22M National Industrial Security Program Operating Manual

DoD 8510.1-M Department of Defense Information Technology Security

Certification and Accreditation Process (DITSCAP) Application Manual

USMC NIPR/SIPR Concept of Employment (COE) ver 4.x

Technical Requirements.

The contractor shall provide: SIPRNET and NIPRNET firmware and application upgrades and support and hardware support as annotated per CLIN. Contractors shall be required to have Next Business Day (NBD) repair or replacement or Return To Factory (RTF) for failed equipment as delineated in per CLIN. Contractors shall provide software/firmware patches as required to meet (DoD, DoN and USMC) security mandates including, but not limited to, Information Assurance Vulnerability Alerts (IAVA), Information Assurance Vulnerability Bulletins (IAVB), Defense Information Systems Agency (DISA) mandates, USMC Operational Directives (OpDir). Contractors shall provide contacts(s) for 24/7 live support.

This requirement must be supported by technicians certified to provide service on the brand name hardware listed per CLIN. This contract will include all hardware support services as listed. Work will be ordered through contact with the Contractor by either telephone, internet website, or e-mail. Each order will include, date of call or e-mail, contract number, and specific description of issue. The contractor shall obtain any training, certification and licensing required to support tasks performed under this contract at their own expense.

The contractor shall provide:

Next Business Day repair or replacement of failed hardware.

24/7 contact support via internet or telephone

Software/firmware/application upgrades within 10 days of release

All equipment replacement actions shall be with OEM (Original Equipment Manufacturer) parts

Qualification Requirements

Government Furnished Information and Facilities

Government furnished information, such as building locations, required by the contractor for the performance of this contract will be provided with each request. All information received remains the property of the United

States Government. The Contractor may be in contact with data subject to the Privacy Act (Title 5 of U.S.

Code, Section 552.a). Reports and data shall be identified and safeguarded accordingly. Agency procedures shall be followed. The Contractor shall ensure that contractor employees assigned to this requirement are briefed annually on properly identifying and handling privacy act data/ information.

There is no requirement for Government Furnished Facilities. If vendor provides “on-site” support, access will be granted as required.

Contractor Responsibilities

The Contractor shall provide shipping as required. Government will not pay any travel expenses as part of this PWS.

CLAUSES INCORPORATED BY FULL TEXT

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

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

THIS PROCUREMENT IS 100% SET-ASIDE FOR SMALL BUSINESS. ALL RESPONSIBLE SMALL

BUSINESS SOURCES MAY SUBMIT A RESPONSE WHICH, IF TIMELY RECEIVED, WILL BE

CONSIDERED BY THE AGENCY.

The Government will solicit and award this contract using simplified acquisition procedures, in accordance with

FAR subpart 13.0. It is the Government's intention to issue a single firm-fixed price purchase order on an "all or none" basis for all items. The Government intends to award to the quoter who represents the Low Price Technically

Acceptable (LPTA) quote. Quotes will be evaluated and ranked according to price, from lowest to highest. The

Government reserves the right to evaluate only the technical quote of the lowest price quoter. Other technical quotes may not be evaluated unless the Government determines the lowest price quoter to be unacceptable or non-responsive. In the event the Government determines the lowest price quoter to be unacceptable, the technical quote of the next lowest price quoter will be evaluated. This process will continue until a technical proposal is determined to be acceptable.

Offerors shall include completed clauses 52.204-17, 52.212-3 (only if not on record in SAM), and Clause

252.209-7992 with their quote package. Request quotes be prepared as FOB Destination (shipping included in price). Quote shall include unit price and the following information: CAGE Code, DUNS Number, Tax Id Number, and delivery time after receipt of contract. Clearly state if the quoter can meet the requested delivery as stated in each line item.

Quotes related to this RFQ shall be received by the Contracting Department by the date and time indicated on the solicitation to be considered for award. The information submitted shall be clear and legible (Note: repetitively copied data loses its clarity and legibility.) Quotes may be submitted via email to jacob.ledford@usmc.mil. It is solely the Contractor's responsibility to ensure quotes are received within the required timeframe.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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.

mailto:jacob.ledford@usmc.mil http://www.acquisition.gov/

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

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

51 percent of its stock is owned by one or more women; or

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part

127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

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

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

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

Opportunity clause of this solicitation, the and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”

“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American--Supplies.”

(2) Foreign End Products:

Line Item No.

Country of

Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''

``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''

``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian

End Products) or Israeli End Products:

Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli

Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No.

Country of

Origin

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":

Canadian End Products:

Line Item No.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph

(g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Canadian or Israeli End Products:

Line Item No.

Country of

Origin

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

Origin

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Origin

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that --

(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency,

(2) ( ___ ) 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 Federal, state or local government 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; and

(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) ( ___ ) 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) 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.

(B) 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.

(C) 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The

Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

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Listed End Product Listed Countriesof Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( ___ ) In the United States (Check this box if the total anticipated…