RFQ_N0018915TQ196.doc

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Advanced Climate Analysis and Forecasting Support
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N0018915TQ196
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Request for Quotation N0018915-T-Q196 ACAF Support

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Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months

ACAF Support Services

FFP

Advanced Climate Analysis and Forecasting Subscription MILSTRIP N6313415RC045AD Period of Performance date of award through one year

FOB: Destination

PURCHASE REQUEST NUMBER: N6313415RC045AD

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Other Direct Costs Travel

COST

Advanced Climate Analysis and Forecasting Subscription MILSTRIP N6313415RC045AD

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
ACAF Labor Support Services Option 1

FFP

Advanced Climate Analysis and Forecasting Subscription MILSTRIP

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

OPTION
ACAF Other Direct Costs

COST

Advanced Climate Analysis and Forecasting Subscription MILSTRIP

ESTIMATED COST

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Fleet Numerical Meteorology and Oceanography Center

ACAF Climatology Dataset Upgrade

1.0 Background

The Fleet Numerical Meteorology and Oceanography Center (FLENUMMETOCCEN), under the direction of the Commander, Naval Meteorology and Oceanography Command, has the mission to collect, interpret, and apply global atmospheric and oceanographic data and information in support of strategic and tactical warfare and peace-keeping initiatives. Located in Monterey, California, FLENUMMETOCCEN runs regularly scheduled numerical predictions of the global atmosphere. This support includes climatological data analyses for use by ships, aircraft, and other forces throughout the Department of Defense (DoD).

FLENUMMETOCCEN accomplishes this climatology mission in large part through the Advanced Climate Analysis and Forecasting (ACAF) system on the Navy Enterprise Portal – Oceanography (NEP-Oc). ACAF is an on-demand web application that allows the Meteorology and Oceanographic (METOC) community to improve long-range support to naval planners and the Warfighter by evaluating and understanding the climate system. The ACAF system includes state-of-the-science and applied climatology that can directly support DoD operations. It includes analyses that account for climate variations (e.g., Asian monsoon variations and El Nino-La Nina) and that utilize the latest climate science and technology advancements (e.g., Ensemble-based, probabilistic, statistical-dynamical forecast of the atmosphere and ocean) at lead times of one week to six months.

FLENUMMETOCCEN’s mission supports active, on-going warfighting missions by providing 24/7/365 support to Naval, Joint, and Coalition operations. FLENUMMETOCCEN incubates and provides a portfolio of unique, value-added products tailored to the mission and requirements of the DoD warfighter via reach back operations. The purpose of this requirement is to provide the Warfighter direct and immediate access to archived observation data and FLENUMMETOCCEN model reanalysis. This will reduce the time involved with Operational data analysis and Commander brief preparations. This effort is consistent with the long-range goals delineated in FLENUMMETOCCEN’s System Integration Master Plan (SIMP).

2.0 OBJECTIVE

The objective of this work is to add additional fields to ACAF such as Climate Forecast System Re-Analysis (CFSR) forced global WaveWatch III (WW3) reanalysis, 3 regional Coupled Ocean/Atmosphere Mesoscale Prediction System (COAMPS)/WW3 analysis fields, Joint Observation Submission (J-OBS) feed, ACAF atlas plots on demand, Operational Climate Data Summary (OCDS) output for observational data and update International Best Track Archive for Climate Stewardship (IBTrACS) and make that data available through the NEP-Oc.

3.0 SCOPE

The contractors shall implement, test and install changes to the existing Operational ACAF system used by warfighters through the NEP-Oc and in accordance with FLENUMMETOCCEN software management standards; and support preparing their work products for the promotion process, preparing configuration change proposals (CCPs), performing configuration management in Subversion, and working with other FLENUMMETOCCEN personnel on large-scale efforts, writing technical documents for different audiences, responding to warfighter requirements, and supporting beta testing and functional testing by users.

4.0 POINTS OF CONTACT

FLENUMMETOCCEN Contracting Officer’s Representative (COR):

John Ertl, FLENUMMETOCCEN Deputy Operations Officer

Fleet Numerical Meteorology and Oceanography Center

7 Grace Hopper Avenue, Stop 1

Monterey, CA 93943

(831) 656-4486

John.Ertl@navy.mil

Quality Assurance Monitor:

Megan Hutchins, FLENUMMETOCCEN Climatologist

Fleet Numerical Meteorology and Oceanography Center

7 Grace Hopper Avenue, Stop 1

Monterey, CA 93943

(831) 656-4247 megan.hutchins@navy.mil

5.0 REQUIREMENT TYPE

· This requirement is anticipated as Firm Fixed Price.

· .6 FTE for Application Programmer Analyst – ACAF SME

· .4 FTE for Dataset/Database analyst

The anticipated skill set breakout is as follows:

PERIOD
SKILL SET
FTE
BASE
Application Programmer Analyst (senior)
.6
Database Analyst
.4
Option 1
Application Programmer Analyst (senior)
.6
Database Analyst
.4
Option 2
Application Programmer Analyst (senior)
.6
Database Analyst
.4
Option 3
Application Programmer Analyst (senior)
.6
Database Analyst
.4
Option 4
Application Programmer Analyst (senior)
.6
Database Analyst
.4

6.0 SPECIFIC PERFORMANCE REQUIREMENTS AND TASKS

6.1 Retrieve IBTrACS observational dataset from National Climatic Data Center (NCDC) and store in FLENUMMETOCCEN’s archive database. Reformat and index the observational dataset as required for ACAF integration. Establish procedures for monthly updates of the database. Modify the ACAF system software to include 3 COAMPS/WW3 regional areas. Establish procedures for daily updates of the database.

6.2 Integrate WW3 Global reanalysis (v4.0) forced by the CFSR 10-meter winds into the ACAF and remove additional regional WW3 reanalysis from the ACAF code. Modify ACAF system software to include Classified J-OBS to allow user to search for specific observations by date/ship name.

6.3 Make modifications to the ACAF system plotting software, enabling the user to plot OCDS-type products for observational datasets as well as ACAF Atlas plots on demand for reanalysis datasets.

6.4 Integrate, test, and document existing / enhanced applications to meet IA requirements.

6.5 Contractor shall keep COR and identified staff and managers informed as to critical issues and general progress on project and tasking. Status report will include status of current tasks, work completed in the current period, planned work in the following period, known issues, and upcoming events of significance (for instance, planned leave).

6.6 Use the FLENUMMETOCCEN CCP, including completing CCP forms and submitting software to the FLENUMMETOCCEN Subversion software version control system repository to transition all code to the FLENUMMETOCCEN operational computer system.

6.7 Produce BETA test cases and test plans and participate in software review boards for ensuring proper functioning of the programs in the NEP-Oc before software is transitioned to operations.

6.8 Write and publish user technical documentation for the operational software as required.

6.9 Integrate Web capabilities with existing applications, products, and data. The contractor shall document all software programs in accordance with FLENUMMETOCCEN software management processes.

6.10 Provide project management support and report schedule / performance.

Technical Clarification Notice

Technical Clarification Notices (TCN) will be used to clarify areas of support required by this purchase order. TCNs may be used to: prioritize support; further define level, location or schedule of support to be provided; and/or output (e.g., deliverable) requirements. TCNs may be generated by either the contractor or the Government, but must be fully coordinated and approved by the COR prior to execution. TCNs shall not be used to change the intent, scope or value of this purchase order.

7.0 SKILL or RELEVANT EXPERIENCE REQUIREMENTS

SKILL LEVEL
Contractor
Programming Java
3 years
Programming Python
5 years
Maintaining and evolving ACAF
3 years
Programming applications to run on a Web infrastructure comprised of Apache Tomcat and JBoss Application Server in a Linux clustered environment
2 years
Maintaining advanced climatology datasets
3 years
Key Personnel
X
Security Clearance
Secret

8.0 KEY PERSONNEL QUALIFICATION REQUIREMENTS

Company must commit key personnel to this effort for 12 months from the date of award. Relief may be provided on a case by case basis and documentation shall be provided to the COR and the NAVSUP FLC Norfolk contracting office. Replacement for Key Personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced.

9.0 Quality Assurance and Performance Requirements

FLENUMMETOCCEN will monitor the Contractor's performance. FLENUMMETOCCEN reserves the right to review services to be provided, including those implemented or performed at the Contractor's facilities, to determine conformance with performance and technical requirements. FLENUMMETOCCEN’s quality assurance will be conducted on behalf of the Contracting Officer (KO). The COR will be appointed to coordinate the overall quality assurance of technical compliance.

Performance Objective
Performance Standard
Method of Measurement
Acceptable Quality Levels
Surveillance Method
Monthly status reports
Content and Timeliness
Reports are accurate and on time.
98% of supporting documentation submitted by 10th business day of the month. Grammar and spelling are at acceptable levels.
Monthly review of report.

Meet scheduled tasking dates

Timeliness & Quality
100% cross reference and review.
95% of tasking is accurate and completed on time.
Periodic inspection and testing.
Completion of required documentation
Timeliness & Quality
100% cross reference and review.
95% of supporting documentation submitted on time.
Review of performance error rates.
Attendance at technical meetings
Comes prepared and contributes
100% cross reference and review.
95% of participation and contribution acceptable.
Attendance.
Briefs and demonstrations
Timeliness & Quality
Briefings and demonstration are completed on time.
100% of briefings and demonstrations contain correct and accurate information and are complete.
Review of performance error rates.

10.0 Quality Control

The Contractor is solely responsible for the quality of services provided. The Contractor is also liable for Contractor employee negligence, and any fraud, waste or abuse.

The Contractor shall utilize a Quality Control (QC) System to ensure that services are completed in accordance with acceptable principles of internal control, and meet specified, acceptable levels of quality. The operation of the Quality Control Program must be described in a written plan maintained and made available to the KO and COR upon purchase order award. The plan must be maintained and revised as necessary throughout the life of the purchase order. Revisions to the QC plan shall be approved by the KO prior to implementation.

At a minimum, the Contractor's QC Plan shall include:

· An internal quality control and inspection system for required services. The job titles and organizational positions of the individuals who will conduct the inspections must be specified.

· A method to identify deficiencies in services that may occur. Procedures to correct any deficiency in services that may occur.

· A file of information regarding inspections and other quality and internal control actions that document the purpose of the inspection, the results of the inspection and any corrective action taken as the result of the inspection. Upon request, this file shall be made available to the Government during the period of performance.

11.0 Hours of Operation

The Contractor shall provide services during normal working hours excluding Federal holidays. Normal working hours are 0800-1700, Monday through Friday.

12.0 PLACE OF PERFORMANCE

The primary place of performance shall be off-site at the contractors’ facility.

13.0 PERIOD OF PERFORMANCE

Period of performance shall be 12 months from the date of award with a one year Option Period.

14.0 deliverables and Milestones

Deliverables shall be provided by the contractor to the FLENUMMETOCCEN COR. Electronic documents shall be in Microsoft Office (MS) format (including Visio and Project, as appropriate) unless otherwise agreed to by FLENUMMETOCCEN. Electronic documents shall be in an editable form without password protection. Except as stated in the table below, the government will review and approve or disapprove deliverables within 7 business days of receipt unless otherwise noted in this document. The Contractor shall consider the deliverable accepted if a government response has not been provided within the stated review time. Disapproved deliverables shall be reworked and resubmitted within 5 business days of contractor notification unless the COR and contractor mutually agree upon other terms.

The following are contractor responsibilities:

Deliverable
Section
Frequency
Format
Due Date
Recommendations, Plans, and Reports
6.8
By Project Plan
One electronic copy in MS Office format
As accomplished
Quality Control Documentation
6.8
Monthly
One electronic copy in MS Office format
Monthly NLT the 3rd of the following month.
CCP for all code changes installed in Operations
6.1-6.7,6.9- 6.10
When changed code begins the Configuration Management (CM) process.
Submitted using the Online Configuration Control Process (OLCCP) system
Before Changes are ready for Configuration Management.
Final report on source code uploaded to subversion repository check-in for final software code
6.1-6.7, 6.9-6.10
End of performance period
Subversion software repository check-in
One week before end of Period of Performance
Informal Bi-Weekly Status Report
6.8
Every two weeks
One electronic copy in MS Office format emailed to COR
Every two weeks

15.0 CONTRACTOR IDENTIFICATION

In accordance with DFAR 211.106, there shall be a clear distinction between government employees and service contractor employees. Service contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel. They must also display distinguishing badges or other visible items of identification for meetings with government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

16.0 Data Rights

It is FLENUMMETOCCEN’s intent to retain unlimited rights to all software, documentation, and data first produced in performance of the order.

17.0 TRAVEL REQUIREMENTS

The contractor will be required to travel to FLENUMMETOCCEN for five work weeks. One work week will be within the first month of contract award as well as within the last month of the contract. Travel will be in accordance with the Joint Travel Regulations (JTR) and will be reimbursed by the government on an as-incurred basis.

18.0 GOVERNMENT FURNISHED RESOURCES

18.1 The COR will provide the contractor any government furnished resources required to support performance of the effort in this requirement. The Contractor shall establish and maintain an inventory control system covering all accountable Government-furnished resources supplied under the purchase order.

18.2 The Government will provide the contractor access to systems and software required to complete the assigned tasks. The Contractor shall identify and notify the Government of system documentation necessary for the proper performance of this task.

18.3 The contractor will be furnished with documentation, task working papers, project descriptions, program briefing material and other pertinent information, and other documentation or material required to support performance of this effort. Information will be provided to the contractor within a reasonable time commensurate with schedules and target completion dates for assigned tasks and activities.

18.4 In performance of these services, the contractor may be required to perform operations on, have access to, or handle data and information that is sensitive or proprietary. The contractor shall be responsible for safeguarding any information and data provided to it, used or created in the performance of this requirement regardless of the location or ownership of the transport media, including, but not limited to mobile computing devices and removable storage media, whether Government furnished or contractor owned/leased. Contractor shall comply with all current information assurance and information security policies, procedures, and statutes applicable to DoD information technology, including the July 3, 2007 DoD CIO Policy Memorandum on Encryption of Sensitive Unclassified Data at Rest on Mobile Computing Devices and Removable Storage Media. The contractor shall prevent this information and data from being compromised, damaged, lost, or improperly disseminated. Unless authorized by the Government, information and data shall not be released outside FLENUMMETOCCEN.

18.5 The Contractor and any employee or consultant of the Contractor is prohibited from using US Government facilities, equipment and/or information for any purpose except as specifically described herein.

18.6 FLENUMMETOCCEN will provide required office space and equipment necessary to accomplish prescribed tasks while on-site.

18.7 FLENUMMETOCCEN will provide security access cards to allow contractor access to all spaces required to carry out assigned tasks while on-site.

18.8 The Government will provide office supplies necessary for completion of tasks while on-site.

18.9 The Government will provide contractor with access to the FLENUMMETOCCEN Software Standards Manual, FLENUMMETOCCEN Publication P-5234, and other appropriate documentation.

19.0 Security requirements

19.1 The contractor shall be responsible for adhering to all DoD, Department of the Navy (DoN) and Command instructions, guidance, orders, directives, and supplements relative to performing programming tasks within FLENUMMETOCCEN.

19.2 The primary place of performance shall be off-site at the contractor’s facility; all personnel must possess and maintain U.S. Citizenship and an active DoD SECRET (minimum) clearance.

19.3 The contract holder and actual service provider shall have facility clearances at least at the same level as the individuals required in the PWS.

INSTRUCTIONS

Instructions for Submission of Quotations:

1) Offerors must be actively SAM registered.

2) Offerors shall submit the following: Business name, CAGE, POC information

3) Offerors should provide “Remit to” address, if applicable, their DUNS and Tax identification number (TIN)

4) Offerors shall quote ALL items to be considered for award.

5) QUOTES SHALL BE VALID FOR 60 DAYS.

6) Quotes shall be emailed to debra.kessler@navy.mil or questions regarding this RFQ, contact Debra Kessler, Contract Specialist at phone: (717) 605-7327, NAVSUP FLC Norfolk - Mechanicsburg Office, Code 215, 5450 Carlisle Pike, Mechanicsburg, PA 17055, Debra.kessler@navy.mil and submit to andrew.r.clarke@navy.mil

INSTRUCTIONS FOR SUBMISSION OF QUOTATIONS:

Offerors should provide “Remit To” address, if applicable and their Tax Identification number (TIN).

Contractor’s proposal shall be valid for 60 days and include Volume I and II as two separate documents, submitted at the same time. Each volume should contain the following language on every page: SOURCE SELECTION SENSITIVE - SEE FAR PART 2.101 AND 3.104.

Volume I – Resumes, Past Performance

Volume II – Price Proposal

Volume I - Technical Submission - Submission of applicable resumes (Key Personnel Qualifications) and past performance information. The vendor’s technical submission shall address the following factors in accordance with the PWS included in this RFQ to be considered for award:

A. Key Personnel Qualifications - Resume

· name/title/category

· skills/qualifications

· security clearance

B. Facility Clearance

C. Cognizant Defense Security Service Office (DSS)

D. Past Performance

1. No longer than three pages for each resume

2. Page limit does not include past performance, divider pages, cover sheets, or table of contents.

3. Font 10 or 12, 8 x 11 ½, one-inch margins

4. Single-spaced, with each page numbered in the format: Page __ of __.

5. MS Word and / or Excel format. PDF is not acceptable, except for the past performance form.

6. Resume shall have the name, title and category of the person on the cover but not within the resume. (3 page limit, not to include cover sheet)

7. Past performance does not count for the page limit. Submit one page, maximum, for each contract; submit a maximum of three contracts.

The personnel proposed are considered key personnel for purposes of clause SUP 5252.237-9400 - Substitution or Addition of Personnel (JAN 1992).

Volume II – Price Submission - vendors shall provide a proposed schedule of services / supplies with associated prices. Table provided below.

1. Vendors shall provide a proposed schedule of services indicating the associated category, Hourly rates (fully burdened) and proposed hours for a period of 1 year and a one-year option.

2. Monthly unit price should be rounded to the nearest penny.

3. Submitted in MS Word and / or Excel format; PDF is not acceptable. No page limitation.

4. Each page labeled with Contractor’s name and pages numbered in the following format: page ___ of ___.

5. The hours and FTE below are for ESTIMATION purposes ONLY; they will NOT be part of the award.

EVALUATION FACTORS:

Volume I, Technical Submission:

Evaluation will be based upon technical merit for resumes, price reasonableness and past performance. The Order resulting from this RFQ, if any, will be issued to the proposal conforming to the RFQ considering the evaluation criteria listed. Ratings of Pass / Fail will be used as evaluation standards. The following technical evaluation factors will be reviewed for technical acceptability:

A. Key Personnel Qualifications - Resume - Address each item in section 6 of the PWS

B. Past Performance

Past Performance:

(1) The vendor shall describe its quality of work under past performance and the past performance of its subcontractors (if applicable) on a contract held within the last five (5) years which is similar scope, magnitude and complexity to that which is detailed in the PWS, or affirmatively state that it possesses no relevant directly related or similar past performance. The past performance form included in this RFQ shall be utilized for this submission; PDF acceptable.

Volume II – Price Submission:

Price evaluation includes no sub factors. Vendor category, rate and # hours to perform the task will be evaluated for reasonableness. The award will be to the Technically Acceptable Low Price vendor.

ATTACHMENTS:

(A) DD254 – Contract Security Classification Specification

(B) Past Performance Form

PAPERLESS CONTRACTING:

All contractual documents (i.e. contracts, purchase orders, task orders, delivery orders and modifications) related to the instant procurement are considered to be "issued" by the government when copies are either deposited in the mail, transmitted by facsimile, or sent by other electronic commerce methods, such as email. The government's acceptance of the contractor's proposal constitutes bilateral agreement to "issue" contractual documents as detailed herein.

508 STATEMENT:

For EIT requirements include the following language unless an exception applies:

This procurement is for Electronic and Information Technology (EIT). Effective June 25, 2001, the Federal government implemented Section 508 of the Rehabilitation Act of 1973, Amendments of 1998 (29 U.S.C. S 794(d)). Section 508 requires that the federal government only acquire electronic and information technology goods and services that provide for access by persons with disabilities. Therefore, to the extent supplies and services are available in the commercial marketplace, the contractor is required to meet the relevant accessibility standards contained in 36 C.F.R. Part 1194 (Subpart B). For further information see http://www.section508.gov.

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

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 15-SEP-2015 TO

14-SEP-2018

N/A
FLEET NUMERICAL METEOROLOGY AND OCEANOGR

ROSY JACOBS

7 GRACE HOPPER AVE, STOP 1

MONTEREY CA 93943-5501

831-656-4332

N63134

0002
POP 15-SEP-2015 TO

14-JUL-2017

N/A
(SAME AS PREVIOUS LOCATION)

N63134

0003
POP 15-SEP-2016 TO

14-SEP-2017

N/A
(SAME AS PREVIOUS LOCATION)

N63134

0004
POP 15-SEP-2016 TO

14-SEP-2017

N/A
(SAME AS PREVIOUS LOCATION)

N63134

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I
Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I
OCT 1995
52.204-7
System for Award Management
JUL 2013
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUL 2013
52.204-13
System for Award Management Maintenance
JUL 2013
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
DEC 2014
52.212-1
Instructions to Offerors--Commercial Items
APR 2014
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2011
52.219-6 Alt I
Notice of Total Small Business Set-Aside (NOV 2011) - Alternate I
NOV 2011
52.219-8
Utilization of Small Business Concerns
OCT 2014
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-3
Convict Labor
JUN 2003
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
JAN 2014
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
APR 2015
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-37
Employment Reports on Veterans
JUL 2014
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.232-36
Payment by Third Party
MAY 2014
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-3
Protest After Award
AUG 1996
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014
252.204-7012
Safeguarding of Unclassified Controlled Technical Information
NOV 2013
252.209-7992 (Dev)
Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2015 Appropriations
DEC 2014
252.211-7007
Reporting of Government-Furnished Property
AUG 2012
252.225-7001
Buy American And Balance Of Payments Program-- Basic (Nov 2014)
NOV 2014
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2012
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010
Levies on Contract Payments
DEC 2006
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

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015) 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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

(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 (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 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.

(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 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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:

LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or 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—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. 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.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. 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 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,…

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