Solicitation_M67861-17-T-0028_-_Atlassian.docx

M6786117T0028

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

2 Brand Name or Equal Product: This is a Competitive Brand Name or Equal solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract for the purchase of Atlassian and Xray/Xport Add-ons.

6 Small Business Setaside: This requirement is a total setaside to small businesses. The applicable NAICS is 511210 and the size standard is $38.5million. The non-manufacturer (NMR) rule does apply as detailed in FAR 19.102(f).

7 Market Research: Market research conducted via the World Wide Web (WWW) and GSA Advantage. The results revealed that there is a reasonable expectation of obtaining two or more offers from small business concerns. FAR Part 19.502-2 (a) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not over $150,000 is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. Marine Forces Reserve Small Business Program Deputy Director concurs with this action.

QUOTATION INSTRUCTIONS

8Quotations/bids shall be submitted via email to Brenlie.Wilson@usmc.mil and copy Shelley.Mentzos@usmc.mil. Each email may not exceed 5MB in size due to server/network restrictions. Submit multiple emails if necessary to ensure timely receipt of your bid.

9All responsible sources may submit a quotation which, if received in a timely manner, shall be considered by the agency.

10 Award will be made to the lowest-priced technically acceptable (LPTA) offer. The Technical Evaluation Template that will be used to evaluate the LPTA bid is incorporated herein for Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.

11 The Government will accept Open Market offers.

12 The Government will consider brand name or equal bids only. Descriptive literature/brochures and proof software/hardware authorized to operate on USMC-N00027-NGEN-U Network required with all quotes bidding equal.

13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF Instructions.

14 Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.

15 NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS shall be sent in writing via email to Brenlie.Wilson@usmc.mil and copy Shelley.Mentzos@usmc.mil.

17 The Contracting Officer may review Past Performance Information Retrieval System (PPIRS) for responsibility determination purposes.

18 The Government reserves the right to make award solely on initial quotes received on an all or none or multiple award basis.

19 Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation.

INSTRUCTIONS TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION

20 Bidders should include and comply with all remaining numbered instructions to Offerors:

21 CAGE code 22 DUNS number 23 Address 24 Point of contact 25 Delivery lead time after receipt of order for supplies and period of performance for services if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This shall be visible on the face of the quote and not incorporated as a link or other attachment.

26 Prompt payment/discount terms (if offered). This will not be used to evaluate offers.

27 Contract number and expiration date shall be included if bidding under a GSA, SEWP or other contract. This shall be listed per line item unless the contract vehicle is applicable to all line items.

28 Manufacturer Part Number and Contractor Part Number (if different).

29 Supply product descriptive literature or certification statement that the proposed product or service meets all salient characteristics listed in this solicitation and the Technical Evaluation Template provided with the solicitation.

33 Brand Name or Equal Bids: All responses to this solicitation shall indicate whether the firm is offering a ‘brand name manufacturer's products’ or ‘equal products.’ Descriptive literature is required with all quotes. Firms shall submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation in accordance to the Lowest Priced Technically Acceptable Template included/attached to this solicitation. Firms offering "equal" items should provide the make, model, description of the items, proof software/hardware authorized to operate on USMC-N00027-NGEN-U Network, and product literature/brochures. This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation.

34 Software End User Licensing Agreements (EULA)/Warranty Support: All Government software contracts are required to include warranty provisions from authorized sellers/resellers of all commercial and non-commercial publisher software products. The Government will not accept any seller/reseller disclaimers of implied publisher standard commercial warranty or automatic renewals. As a minimum software warranties shall cover the performance of all required product capabilities, free from defects/bugs, for all intended authorized users, process for reporting/fixing defects remedied at no charge to the Government, effective after Government tests of delivered software product(s), and include the seller/reseller's return policy and procedures.

35 Software Purchases: Bidders shall allow the Government a trial period to test new software not previously purchased by this customer prior to delivery and start of the software warranty support.

41 Basis of Single Award - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest price offer is determined technically unacceptable, the next lowest price offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until an offer is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference. The actual evaluation template is incorporated into this solicitation for reference.

44 Service Contract Labor Standards - Bidders shall provide self-certification in 52.212-3(K)(1) or (2) certifying whether this solicitation is exempt from the Service Contract Labor Standards. This clause is included in this solicitation and can also be found at http://farsite.hill.af.mil/vffar.htm.

45 Complete the Following Clauses/Tables/Attachments/Etc: Bidders shall complete the following clauses listed in this solicitation: 52.212-3(k)(2) as stated in number 43 above, 52.204-20, 52.209-2, 52.209-11, and 252.239-7009 herein. FAR clauses can be printed and completed manually at (copy and paste link: http://farsite.hill.af.mil/VFFARA.HTM) or completed manually within this solicitation.

46 Solicitation/Contract Line Item Numbers (CLIN) Structure – Potential bidders shall submit bids in the same CLIN structure as outlined in the solicitation for bid evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

47Assignment of Claims – Potential bidders that may need an Assignment of Claims as described in FAR 32.8 (copy/paste link into web browser: http://farsite.hill.af.mil/VFFARA.HTM) shall include a statement on bid that "Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation shall be submitted with bid or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in bid or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.

SECTION 508 COMPLIANCE

BuyAccessible Government Product / Service Accessibility Template (GPAT)

Section 508 (http://section508.gov/section508-policies)requires that federal agencies electronic and information technology is accessible to people with disabilities. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology.

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) (http://section508.gov/Section-508-Of-The-Rehabilitation-Act) are determined as applicable to this acquisition based on the following technical provisions: To understand the technical standards that apply to each provision, the respondent should refer to http://Section 508.gov at http://section508.gov/summary-section508-standards.

This GPAT is a simple tool to assist Federal contracting and procurement officials in fulfilling the market research requirements associated with Section 508 regulations. The GPAT is intended as a form to be included with government solicitations, to be filled out by solicitation respondents as a part of their proposal to indicate how their proposed solution addresses the applicable Section 508 requirements.

NOTE: Section 508 provisions are determined to apply based in part on EIT requirements characterized using the BuyAccessible Wizard. Provisions based on definite EIT requirements are identified by a "yes" in the Applicable column. Provisions based on possible EIT requirements are identified by a "maybe" in the Applicable column. Provisions not identified with program requirements for this acquisition have no entry in the Applicable column. However, if your product or service deliverable has physical or functional characteristics corresponding to any of the listed EIT accessibility requirements, even those beyond identified program requirements, then the requirement applies and you should provide appropriate accessibility information.

The GPAT is organized as a series of ten tables. The first eight tables reflect accessibility information about EIT products, corresponding to the six technical sections, the functional performance criteria, and the requirements for information, documentation, and support as defined in the Access Board Standard for Section 508. The ninth and tenth tables correspond to accessibility information about information content deliverables and labor hours, respectively.

Please fill the information below as a part of request for accessibility information of your proposed deliverable.

Product Name:_______________________________________

Vendor Name:________________________________________

Accessibility Information URL (if any):______________________________

1194.21 Software Applications and Operating Systems

Fully Partially No Don't know

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

1194.31 Functional Performance Criteria

Fully Partially

Fully

Partially

Fully Partially

Fully Partially

Fully Partially

Fully Partially

1194.41 Information, Documentation, and Support

If Web-based information, documentation, and support are requested via video and multimedia, then provisions 1194.24c, 1194.24d, 1194.24e would apply.

Fully Partially

If Web-based information, documentation, and support are requested via video and multimedia, then provisions 1194.24c, 1194.24d, 1194.24e would apply.

Fully Partially

If Web-based information, documentation, and support are requested via video and multimedia, then provisions 1194.24c, 1194.24d, 1194.24e would apply.

Fully Partially

Information Content Deliverable Accessibility Template

Please fill the information below as a part of request for accessibility information of your service deliverable.

Vendor Name:________________________________________

Accessibility Information URL (if any):______________________________

NOTE: Section 508 requirements are determined to apply based in part on EIT requirements characterized using the BuyAccessible Wizard. Definite information content deliverable requirements are identified by a "yes" in the Applicable column. Possible information content deliverable requirements are identified by a "maybe" in the Applicable column.

Partially

SALIENT CHARACTERISTICS

JIRA Capture+

- Create and record exploratory and collaborative testing sessions for a faster and more efficient review process

- Enables communication of feedback clearly with annotation tools and

- Enables JIRA integration with feedback prioritized and implemented

HipChat

- Offers a workflow post function to notify selected Hipchat rooms when an issue is transitioned

- Optionally restrict the notifications based on a JQL query

- Share ideas and files with HipChat. Stay connected with group chat rooms, video chats, and more

- Admins can configure different Hipchat rooms for different projects and can pick the events for which the notifications should be sent to the selected rooms

- You can also configure JQL to filter project notifications

Team Calendars

- Embed Team Calendars onto your Confluence pages and unite your team's schedule with the work it needs to get done

- Subscribe to your calendars from your favorite personal calendar - Outlook

FishEye

- View all your code activity – change sets, revisions, branches, tags, diffs - in one centralized place

Crucible

Enables quick code review individually or as a team

- Enables collaboration inside the code with inline comments, threaded comments, and mentions

- Enables activity streams for all changes to code

Clover

Enables integration of build tools such as Bamboo, Hudson, Jenkins, Ant, Maven

- Enables the ability to drill down into test results

Crowd

Enables a Single Sign-On Capability

- Centralized Identity Management

- Enables management of users from multiple directories – Active Directory, LDAP

- Allows for asking questions and getting answers from all users

- Enables a Q&A repository by topic

- Enables resource management

- Enables capacity planning

- Real-time reporting

- Enables roll-up reporting by scope, releases, schedules, sprints or themes

- Enables deployments of code

- Integrates with other Atlassian Tools

- Provides a dedicated Agent

Enables full visibility of releases prior to release

- Provides added JQL functionality, added workflow functionality

- Ability to do calculated fields

- Automate based on certain events, change behaviors of certain fields, provide mandatory fields or read only fields under certain conditions

- Provides ability to validate issues before creation

- Customize screens and workflows

- Define Cucumber tests in natural language

- Use your automation framework through generic automated tests

- Organize tests in test sets

- Create test plans for tracking a set of tests and planned or ad hoc test executions

- Single and multiple issue export to PDF, DOCX, XLSX, RTF, ODT, PNG and SVG

- Template selection for single and multiple issue export

- Permission schemes, templates configured per project, issue type, project roles and users

- Export image attachments

- Export comments, subtask fields and linked issues

- Support for scripting language

- Support for custom covers and static sections for multiple issue export

- Provides Post Functions for JIRA workflows - Save and Email Report

- Provides a template store for template distribution

- Enables management of software release information like software components, packages and versions

Enables management of human resource functions like onboarding of employees and procurement functions

- Self-service portal enables requesting help, searching knowledge bases and tracking progress on issues

- It also allows for automation, queues, SLAs, approval workflows

- Use a scheme like "REQ-001" - Requirement Yogi suggests the next available key, so you can ensure unique keys

- Quickly peek into requirements by hovering over the link

- With properties, search on properties and reports

- Define metadata around requirements that suits your needs

With the dependency matrix, coverage reports and Excel export benefits

TECHNICAL EVALUATION TEMPLATE

TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY ACCEPTABILITY DETERMINATION (v8.19.2015)

TECHNICAL ACCEPTABILITY SECTION 1: Comskil, Inc.

JIRA Capture+

- Create and record exploratory and collaborative testing sessions for a faster and more efficient review process

- Enables communication of feedback clearly with annotation tools and

- Enables JIRA integration with feedback prioritized and implemented

HipChat

- Offers a workflow post function to notify selected Hipchat rooms when an issue is transitioned

- Optionally restrict the notifications based on a JQL query

- Share ideas and files with HipChat. Stay connected with group chat rooms, video chats, and more

- Admins can configure different Hipchat rooms for different projects and can pick the events for which the notifications should be sent to the selected rooms

- You can also configure JQL to filter project notifications

Team Calendars

- Embed Team Calendars onto your Confluence pages and unite your team's schedule with the work it needs to get done

- Subscribe to your calendars from your favorite personal calendar - Outlook

FishEye

- View all your code activity – change sets, revisions, branches, tags, diffs - in one centralized place

Crucible

Enables quick code review individually or as a team

- Enables collaboration inside the code with inline comments, threaded comments, and mentions

- Enables activity streams for all changes to code

Clover

Enables integration of build tools such as Bamboo, Hudson, Jenkins, Ant, Maven

- Enables the ability to drill down into test results

Crowd

Enables a Single Sign-On Capability

- Centralized Identity Management

- Enables management of users from multiple directories – Active Directory, LDAP

- Allows for asking questions and getting answers from all users

- Enables a Q&A repository by topic

- Enables resource management

- Enables capacity planning

- Real-time reporting

- Enables roll-up reporting by scope, releases, schedules, sprints or themes

- Enables deployments of code

- Integrates with other Atlassian Tools

- Provides a dedicated Agent

Enables full visibility of releases prior to release

- Provides added JQL functionality, added workflow functionality

- Ability to do calculated fields

- Automate based on certain events, change behaviors of certain fields, provide mandatory fields or read only fields under certain conditions

- Provides ability to validate issues before creation

- Customize screens and workflows

- Define Cucumber tests in natural language

- Use your automation framework through generic automated tests

- Organize tests in test sets

- Create test plans for tracking a set of tests and planned or ad hoc test executions

- Single and multiple issue export to PDF, DOCX, XLSX, RTF, ODT, PNG and SVG

- Template selection for single and multiple issue export

- Permission schemes, templates configured per project, issue type, project roles and users

- Export image attachments

- Export comments, subtask fields and linked issues

- Support for scripting language

- Support for custom covers and static sections for multiple issue export

- Provides Post Functions for JIRA workflows - Save and Email Report

- Provides a template store for template distribution

- Enables management of software release information like software components, packages and versions

Enables management of human resource functions like onboarding of employees and procurement functions

- Self-service portal enables requesting help, searching knowledge bases and tracking progress on issues

- It also allows for automation, queues, SLAs, approval workflows

- Use a scheme like "REQ-001" - Requirement Yogi suggests the next available key, so you can ensure unique keys

- Quickly peek into requirements by hovering over the link

- With properties, search on properties and reports

- Define metadata around requirements that suits your needs

With the dependency matrix, coverage reports and Excel export benefits

Section SF 1449 - CONTINUATION SHEET

Capture for JIRA

FFP

BRAND NAME OR EQUAL - 10 USERS- STARTER LICENSES- 12 MONTHS -- Create and record exploratory and collaborative testing sessions for a faster and more efficient review process - Enables communication of feedback clearly with annotation tools and - Enables JIRA integration with feedback prioritized and implemented FOB: Destination

MILSTRIP: M0009417RC00082

PURCHASE REQUEST NUMBER: M0009417RC00082

NET AMT

Hip Chat

BRAND NAME OR EQUAL - 10 USERS-STARTER LICENSE-12 MONTHS - Offers a workflow post function to notify selected Hipchat rooms when an issue is transitioned - Optionally restrict the notifications based on a JQL query - Share ideas and files with HipChat. Stay connected with group chat rooms, video chats, and more - Admins can configure different Hipchat rooms for different projects and can pick the events for which the notifications should be sent to the selected rooms - You can also configure JQL to filter project notifications FOB: Destination

NET AMT

Questions For Confluence

BRAND NAME OR EQUAL - 10 USERS-STARTERS LICENSE-12 MONTHS - Enables knowledge Base repository - Allows for asking questions and getting answers from all users - Enables a QA repository by topic FOB: Destination

NET AMT

Team Calendars For Confluence

BRAND NAME OR EQUAL - 10 USERS - STARTER LICENSE-12 MONTHS-- Embed Team Calendars onto your Confluence pages and unite your team's schedule with the work it needs to get done - Subscribe to your calendars from your favorite personal calendar - Outlook FOB: Destination

NET AMT

Fish Eye

BRAND NAME OR EQUAL - 10 USERS=12 MONTHS - View all your code activity change sets, revisions, branches, tags, diffs - in one centralized place FOB: Destination

NET AMT

Crucible

BRAND NAME OR EQUAL - 10 USERS-12 MONTHS - Enables quick code review individually or as a team - Enables collaboration inside the code with inline comments, threaded comments, and mentions - Enables activity streams for all changes to code FOB: Destination

NET AMT

Clover

BRAND NAME OR EQUAL - 10 Machine - 12 Months - Enables integration of build tools such as Bamboo, Hudson, Jenkins, Ant, Maven - Enables the ability to drill down into test results FOB: Destination

NET AMT

Crowd

BRAND NAME OR EQUAL - 50 USERS-STARTER LICENSE-12 MONTHS - Enables a Single Sign-On Capability - Centralized Identity Management - Enables management of users from multiple directories Active Directory, LDAP FOB: Destination

NET AMT

Bit Bucket

BRAND NAME OR EQUAL - 10 USERS - STARTER LICENSE- 12 MONTHS - Enables collaboration on code and allows management of repositories to build and ship software as a team FOB: Destination

NET AMT

Portfolio for JIRA

BRAND NAME OR EQUAL - 10 USERS-STARTER LICENSE-12 MONTHS - Enables Data-driven Agile roadmaps - Enables resource management - Enables capacity planning - Real-time reporting - Enables roll-up reporting by scope, releases, schedules, sprints or themes FOB: Destination

NET AMT

Bamboo

BRAND NAME OR EQUAL - 10 JOB STARTER LICENSES - 12 MONTHS - Unlimited Local Agents. No Remote Agents FOB: Destination

NET AMT

Script Runner for JIRA

BRAND NAME OR EQUAL - 2000 USERS - 12 MONTHS - Enables ability to enhance and automate JIRA workflows, internal JQL functions, custom fields - Provides added JQL functionality, added workflow functionality - Ability to do calculated fields - Automate based on certain events, change behaviors of certain fields, provide mandatory fields or read only fields under certain conditions - Provides ability to validate issues before creation FOB: Destination

NET AMT

XRay Test Management JIRA

BRAND NAME OR EQUAL - 2000 USERS - 12 MONTHS - Manage manual and automated tests as JIRA issues - Customize screens and workflows - Define Cucumber tests in natural language - Use your automation framework through generic automated tests - Organize tests in test sets - Create test plans for tracking a set of tests and planned or ad hoc test executions FOB: Destination

NET AMT

Exporter-Export Issue from JIRA

BRAND NAME OR EQUAL - 2000 USERS - 12 MONTHS - Define templates in DOCX, XLSX, RTF or ODT files, upload and configure through JIRA Administration - Single and multiple issue export to PDF, DOCX, XLSX, RTF, ODT, PNG and SVG -Template selection for single and multiple issue export - Permission schemes, templates configured per project, issue type, project roles and users - Export image attachments - Export comments, subtask fields and linked issues - Support for scripting language -Support for custom covers and static sections for multiple issue export -Provides Post Functions for JIRA workflows - Save and Email Report - Provides a template store for template distribution FOB: Destination

NET AMT

JIRA - Insight Asset Mgmt

BRAND NAME OR EQUAL - 10 USERS- STARTER LICENSES- 12 MONTHS

FOB: Destination

PURCHASE REQUEST NUMBER: M0009417RC000820001

NET AMT

JIRA Service Desk

BRAND NAME OR EQUAL - 3 Agents Starter license for 12 months FOB: Destination

NET AMT

Requirement Yogi

BRAND NAME OR EQUAL - 10 users for 12 months FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

SANDI RIPPER

135 N. PENNSYLVANIA ST

ROOM 2209

INDIANAPOLIS IN 46204

317-200-3467 FOB: Destination M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

M00094

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

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

BASIS FOR AWARD - Lowest Price Technically Acceptable (LPTA) - Offers will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest price offer is determined technically unacceptable, the next lowest price offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until an offer is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference. The actual evaluation template is incorporated into this solicitation for reference.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

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