M67861-17-T-0061.pdf

SEE ADDENDUM

(No Collect Calls)

M6786117T0061 05-Jul-2017

b. TELEPHONE NUMBER

504-697-8352

8. OFFER DUE DATE/LOCAL TIME

11:30 AM 17 Jul 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M678619. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARCUS T. PFISTER

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.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MARFORRES REGIONAL CONTRACTING OFFICE

MFR RCO

2000 OPELOUSAS AVE

NEW ORLEANS LA 70114

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 504-697-8357

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$27,500,000

NAICS:

541519

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF83

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6786117T0061

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO OFFERORS

1 Synopsis: This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

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 Server Warranty Extension.

QUOTATION INSTRUCTIONS:

8Quotations/Bids must be submitted via email only to marcus.pfister@usmc.mil . Each email may not exceed 5MB in size due to server/network restrictions. All bids shall be submitted via email and all attachments shall be Adobe

Acrobat (PDF) only. MARFORRES servers will reject any bids not submitted with a PDF extension.

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. 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 marcus.pfister@usmc.mil.

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

18 Award will be on an all or none 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 should 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

36 Subscription/Warranty Support: If subscription maintenance support is expired, Offeror’s shall specify the actual manufacturer’s subscription term dates for each line item of the offer citing ‘reinstatement’(if applicable) for any expired/overdue line items along with correct support term dates (i.e. Reinstatement for overdue renewal for term

MM/DD/YYYY – MM/DD/YYYY). Option year support renewals shall be consecutive from base year for a full

12-months at the manufacturer’s dictated support term dates. This paragraph is not applicable to bidders bidding an equal product.

37 Software/Hardware Support: All bids for software/hardware maintenance support shall include the manufacturer’s

POP end date. Also, this solicitation may contain support subscriptions with varying support term dates. The

Government requests co-term of all active subscriptions for line items contained in this solicitation. The offeror shall state whether co-term is authorized by the manufacturer on the face of the offer.

38 Options: If option year pricing is available for less out-years than solicitation, submit available option pricing accoridingly. If options are not available from the manufacturer, the offeror shall so state on the face of the offer.

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. If exempt, this clause will be removed from the resulting award.

45 Complete the Following Clauses/Tables/Attachments/Etc: Bidders shall complete the following clauses listed in this solicitation: 52.212-3(k)(1) or (2) as stated in number above 44, 52.209-2 and 52.209-11, 252.239-7009 (unless already included in representations and certifications at SAM.gov) 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 http://farsite.hill.af.mil/vffar.htm http://farsite.hill.af.mil/VFFARA.HTM

"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.

SALIENT CHARACTERISTICS

-Vendor shall provide predictive, preventative and corrective maintenance at the service level agreements (SLA), critical 7X24, 4 hour onsite support.

-Vendor shall allow USMC customer to keep their hard drives.

-Vendor shall be an authorized reseller of HP, IBM, and Dell support throughout the contract period of performance.

-Vendor shall provide full replacement of any and all failed hardware/components, if any product or component fails during the term of USMC customers support agreement at no cost to the customer.

-Technician must be escorted at equipment locations(s).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 22 Each 1 year Post Server Warranty Support

FFP

24x7x365 Support

24x7 Retain Media - Next Business Day

See ATTACHMENT A SERVER LIST herein

Please see Salient Characteristics

FOB: Destination

NET AMT

0002 110 Each 1 year Post Server Warranty Support

FFP

24x7x365 Support

24x7 Retain Media - Next Business Day

See ATTACHMENT A SERVER LIST herein

OPTION Option Yr 1 for CLIN 0001

FFP

Annual (recurring) cost associated with the severs (if applicable).

The Government will make award on an all-or-none basis. Offerors shall price the base and all option CLINs (unless bid states option pricing not offered by the manufacturer). The Government assumes CLINs priced at $0.00 will be supported by the offeror at no cost to the Government.

OPTION Option Year 1 for CLIN 0002 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

OPTION Option Year 2 for CLIN 0001 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

OPTION Option Year 2 for CLIN 0002 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

OPTION Option Year 3 for CLIN 0003 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

OPTION Option Year 3 for CLIN 0002 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

OPTION Option Year 4 for CLIN 0001 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

OPTION Option Year 4 for CLIN 0002 manufacturer). The Government assumes CLINs priced at $0.00 will be supported

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

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ADC 22 N/A

0002 30 dys. ADC 110 N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7010 Cloud Computing Services OCT 2016

252.239-7017 Notice of Supply Chain Risk NOV 2013

252.239-7018 Supply Chain Risk OCT 2015

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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.

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:

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.

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

PR NOMENCLATURE: Sever Warranty PR #: M00094-17-RC-00030 Solicitation #:

M67861-17-T-0017

TECHNICAL ACCEPTABILITY SECTION 1:

Salient Characteristics Technically Acceptable

Not Technically Acceptable

Explain in Detail Why Not Technically

Acceptable

- Vendor shall provide predictive, preventative and corrective maintenance at the service level agreements (SLA), critical 7X24, 4 hour onsite support.

- Vendor shall allow USMC customer to keep their hard drives.

- Vendor shall provide full replacement of any and all failed hardware/components, if any product or component fails during the term of USMC customers’ support agreement at no cost to the customer.

- Technician must be escorted at equipment location(s).

LPAT includes section 508 compliance.

1. Section 508 Program Need

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) are determined to be relevant for the following program need: "Server Warranty "

2. Section 508 Product Requirements

Functional performance criteria from 36 CFR part 1194 Subpart C have been determined to apply this acquisition. Solicitation respondents must describe how their proposed Electronic and Information Technology (EIT) deliverables meet at least those functional performance criteria identified as applicable in the attached Government Product/Service Accessibility Template

(GPAT).

Information, documentation, and support requirements from 36 CFR part 1194 Subpart D have been determined to apply this acquisition. Solicitation respondents must describe how the information, documentation, and support proposed for Electronic and Information Technology (EIT) deliverables meet at least those information, documentation, and support requirements identified as applicable in the attached Government Product/Service Accessibility Template

(GPAT).

3. Section 508 Service Requirements

The anticipated labor hour deliverable is expected to involve tasks that relate to or require the use of EIT. Delivered labor hours must include knowledge and capabilities in the functional performance criteria detailed in 36 CFR part 1194 Subpart C, as well as any technical provisions of 36 CFR part 1194 Subpart B applicable to the specific type of EIT involved in the expected tasks. Solicitation respondents must describe how their proposed labor hour deliverables meet at least those requirements identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

4. Section 508 Evaluation Factors

Responses to this solicitation will only be considered for award after it has been determined that the proposal adequately addresses the requirements for Section 508. Only proposals which contain adequate information to document their responsiveness to the Section 508 requirements (i.e. a completed GPAT or VPAT or equivalent) will be eligible for any additional merit consideration.

If the deliverable proposed in response to this solicitation includes features and functions in addition to those identified as requirements, these features and functions also need to conform to relevant Section 508 technical provisions, functional performance criteria, and information, documentation and support. The accessibility of these additional features and functions should be described in the completed GPAT, VPAT or equivalent supporting information.

NOTE TO PROPOSAL REVIEWERS: pre-solicitation market research on the commercial availability of deliverables that meet the identified Section 508 standards is reflected in the attached Evaluation Product/Service Accessibility Template (EPAT). This research on commercial availability is based on pre-solicitation market research done by the requiring official and is not exhaustive nor does it necessarily reflect the entire marketplace. This template may be used to assist in the evaluation of GPAT data supplied as part of a proposal received in response to this solicitation.

5. Section 508 Acceptance Criteria

Supplies or services delivered as a result of this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility.

If the deliverable includes features and functions in addition to those identified as requirements, these features and functions also need to conform to relevant Section 508 technical provisions, functional performance criteria, and information, documentation and support.

NOTE FOR DELIVERABLE ACCEPTANCE / QUALITY ASSURRANCE: generally accepted inspection and test methods corresponding to the identified Section 508 standards is reflected in the attached EIT Acceptance Guide. This guide may be used to assist in the inspection and testing of supplies and services provided as contract deliverables corresponding to this solicitation.

(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.

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--https://www.sam.gov/portal

(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--http://www.dol.gov/fairpayandsafeworkplaces

(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).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

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

51 percent of the stock of which is owned by one or more women; and

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

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

United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(b)

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

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

(c) Offerors must complete the following representations when the resulting contract is to 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.

https://www.acquisition.gov/

(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.

(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: 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…