N0018918TZ005.docx

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Email and Digital Subscription Management Federal contract opportunity
Solicitation number
N0018918TZ005
Issued by
Department of the Navy Naval Supply Systems Command

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N0018918TZ005

Section A - Solicitation/Contract Form

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures found at FAR 13, as supplemented with the additional information included in this notice.

This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/). The solicitation number is N0018917TZ005 and is issued as a Request for Quotes (RFQ). The Government intends to award a firm-fixed-price purchase order. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-97 and DFARS Change Notice 20180131.

It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm . The NAICS code is 541511.

The NAVSUP Fleet Logistics Center - Norfolk requests responses from qualified sources capable of providing Email and Digital Subscription Management services in accordance with the Performance Work Statement.

Section B - Supplies or Services and Prices

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

Email and Digital Subscription

FFP

Email and Digital Subscription Management. In accordance with the PWS.

FOB: Destination

MILSTRIP: N0018920180598

PURCHASE REQUEST NUMBER: N0018920180598

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Email and Digital Subscription

FFP

Email and Digital Subscription Management. In accordance with the PWS.

FOB: Destination

MILSTRIP: N0018920180598

PURCHASE REQUEST NUMBER: N0018920180598

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Email and Digital Subscription Management Navy Office of Information

I. Background The Navy Office of Information (CHINFO) manages all U.S. Navy content on the Navy’s flagship website and blog. Ensuring site visitors are updated with breaking news, top stories, headlines and other new content is a key part of the Navy’s public affairs effort. To accomplish this, use of a subscription based Email and Digital Subscription Management System (EDSMS) is necessary. This Performance Work Statement (PWS) establishes the baseline capabilities and requirements to meet the Navy’s needs.

II. Scope The contractor shall develop a system(s) which operate within Amazon Web Services (AWS) on an account provided by CHINFO to complete the required processes as serverless applications or install on government provided AWS EC2 instances running Windows 2012 R2 through remote access. The contractor shall provide a Software Development Plan (SDP) sufficient to describe the software development processes to be employed on the project. The contractor shall design, fabricate, integrate, test, and evaluate the hardware, software, facilities, subsystems, training, and the principle items necessary to satisfy project requirements, and to support and operate the system. This includes the requirements analysis, design, coding and unit testing, component integration and testing. This also includes system development and operational test and evaluation, software quality, configuration management, and first year support for the system/software.

Task 1: Software Development Plan

· The contractor shall define a software development approach appropriate for the computer software development and integration effort to be performed IAW the PWS.

· The contractor shall document the software development approach in a SDP, shall implement the SDP requirements, and shall maintain the SDP.

· The SDP shall describe the contractor's software development and quality processes. These processes should be based on the contractor's tailoring of internally-developed standard processes used on previous DoD programs, standard commercial processes, and wholly new processes. Software processes documented in the SDP.

· The contractor shall comply with the requirements of the SDP for all computer software to be developed, integrated, or maintained under this effort. The SDP shall identify the required software and the developers or suppliers of the software, and shall define the offeror‘s proposed software development processes, the activities to be performed as a part of the processes, the tasks which support the activities, and the techniques and tools to be used to perform the tasks. Note: The Government at its discretion may place the SDP on contract. Refer to Appendix I for suggested SDP content.

Task 2: Customer Service and Support

· The contractor shall provide customer service and support (CS&S) as appropriate. This CS&S shall:

· Define the computer systems and software architecture required to complete the required work and implement it into the existing workflow, digital asset management system and system construct without interruption to the existing systems or workflows.

· Plan the development and delivery of all software components, blocks.

· Monitor the progress and status of all CS&S activities or requests.

· Manage CS&S risks.

· Advise the program manager in all areas relating to the acquisition and support of computer resources.

· Select and document a software support concept.

· Monitor compliance of the program with computer systems and software policy, plans, procedures, and standards.

· Integrate software test activities with the overall system test plan/approach.

Task 3: Approved System Specification

· The contractor shall maintain the approved System Specification. The Government will control the functional baseline as reflected in the System Specification and the contractor shall control the allocated and product baseline (software and hardware) throughout the development phase.

· The contractor shall provide appropriate technical data and license rights for the entire system. For any unmodified commercial off the shelf (COTS) systems, this includes at least the deliverables and license rights as are typically provided to the customer or end user, and at least the minimum rights for technical data as required by DFARS 252.227-7015. For all other systems (e.g., noncommercial, military peculiar, or developmental - including any modifications to commercial systems that are funded in whole or in part by the Government), this includes (1) the complete technical data package providing all production-level details; (2) all computer software as defined at DFARS 252.227-7014, including object/executable code, source code, and design information; and (3) the associated license rights consistent with the applicable Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses (including/allowing specially negotiated license rights when appropriate). [Note: contractors are required to provide early notification of any software they deem proprietary and shall provide supporting rationale].

Task 4: The contractor shall provide a system or product that completes the following line items at a minimum:

· The system, whether developed or implemented, shall be installed on the Amazon Web Services (AWS) as part of the Navy Office of Information AWS deployment.

· Use of government provided AWS resources is permitted as part of the system, but each resource must be approved by the government prior to development and deployment.

· Load balancing, VPN, and scaling should be implemented within best practices and industry standards.

· The system shall be administratively accessed through a user interface that has an externally validated SSL certificate.

· The SSL cert will be included as part of the contract and shall be updated annually as part of the system support agreement.

· The delivered system will include a subscriber user interface (UI) HTML with the following features:

· Branding element that administrators can update through the UI. This element will be at the top of the page.

· Text field for government provided description of the service that will be provided upon subscription.

· Topic selection

· Login with username/password or common access card.

· The Subscriber UI will be linked to on the Navy.mil homepage as well as other Navy.mil and DoDLive.mil web pages. Clicking on the link to this page opens a new tab or window.

· Includes CAPTCHA

· Initiates a subscription validation email

· Includes a help page link

· Administrators and managers shall be able to import CSV files or manually insert subscriber information into topic subscription lists.

· Responsive design/mobile friendly

· The solution shall provide digital notifications of site updates (stories, photos, video and other content) and user initiated releases through automated processes.

· Site updates are delivered via various Rich Site Summary (RSS) feeds located on the Navy.mil or NavyLive.dodlive.mil.

· Digital notifications consist of:

· Simple Messaging Services (SMS)

· Includes instructions for unsubscribing based on industry standards (reply with STOP)

· Email distributions based on subscriber based expectations for delivery (instant, daily, weekly, monthly)

· Provides both text and HTML emails

· Includes an option to unsubscribe.

· Unsubscribe requests are completed within 24 hours.

· Links are unique for each recipient to ensure metrics are collected showing click throughs.

· User initiated releases shall be generated in the EDSMS user interface and include the following capabilities at a minimum.

· Subscriber list selection

· Subject and body editing with full HTML control for established templates and plain text messages.

· Unique links for all hyperlinks inserted into digital notifications

· The solution shall establish users and groups.

· Access control lists for both users and groups with functionality as defined by the system administrator.

· Subscriber

· Controls login method and credentials for self

· Manages topic subscriptions for self

· Can delete own account

· Manager

· Inherits subscriber user controls

· Creates, deletes and subscriber accounts

· Creates, deletes topics

· Creates manual distributions based on topic subscriber base

· Sees topic metrics

· Administrator

· Inherits subscriber and manager user controls

· Creates, deletes manager accounts

· Archives subscriber lists

· Sees system metrics

· Utilizes DISA standard password complexity and frequency of reset policies for:

· Managers

· Administrators

· Incorporates Common Access Card access to the user interface for:

· Subscribers (user selection optional)

· Managers (mandatory)

· Administrators (mandatory)

· Delivers metrics and reports on defined schedules and on demand

· Reports include:

· Subscribes/unsubscribes

· Email

· SMS

· Bounced notifications

· Email

· SMS

· Click through on links

· Email

· SMS

· Reports are delivered for each topic and/or as a system based on user selection with the following frequencies:

· Instant

· Daily

· Weekly

· Monthly

· Annually

· On demand for a specified period and/or on a specified topic

· Unlimited subscription topics

· All web pages delivered as part of the EDSMS will contain the ability to incorporate Department of the Navy branding elements and will be devoid of third party labels or identification.

· Scheduling to start and stop topics

· Unlimited subscribers and support to upload and migrate existing email lists (CSV based)

· Unlimited system managers

· 5 government system administrators

· Access to a complete archive of all data created by the Navy for a minimum of 18 months

· Up to 30 hours template and integration development

· Unlimited email sends with delivery to the inbox and management of all bounces

· Full customization of sign-up and email templates

· Ongoing support provided by the designated Client Success Consultant

· All logins, passwords, tokens, security keys or other authentication sources/codes will be provided to the government as part of the project documentation.

· CRM-support integration for Facebook Instant Article's email subscription call-to-action unit.

Task 5: The contractor shall provide the following software and system support:

· EDSMS: Software ASUA and System Support:

· EDSMS Support – Includes remote access, email and phone (8x5) for Cloud Instance

· EDSMS Software updates – for Cloud instance

· SSL Certificate renewal and installation

· 10 hours of software engineer time

III. Deliverables

ItemDue toQuantity/Periodicity
Kick off meetingCHINFO OI-21/two weeks after award
Monthly status meetingsCHINFO OI-211/monthly after award
Software Development Plan (SDP)CHINFO OI-21/30 days after award
Alpha system for architectural reviewCHINFO OI-21/45 days after award
Beta system for functional testing and reviewCHINFO OI-21/60 days after award
Operational systemCHINFO OI-21/90 days after award
Documentation for all systems and workflowsCHINFO OI-21/364 days after award

IV. Period of Performance The period of performance shall be as follows:

· Base Year: 12 months from award date for Task 1 – Task 5

· Option Year 1: 12 months for Task 5 only

V. Additional Information No security clearance is required.

All work will be conducted remotely via remote desktop connection or WebEx interface (vendor provided).

A formal contract kick-off meeting will be held at the Navy Office of Information in the Pentagon, Washington, D.C. within two calendar weeks of contract award.

Monthly status meetings will be held by phone.

Contractor shall provide an agenda two business days prior to scheduled meetings and meeting minutes within two days following each meeting.

VI. Enterprise-Wide Contractor Manpower Reporting Application (ECMRA) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for OPNAV N9I via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY

The contractor is required to completely fill in all required data fields using the following web address: https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

Section E - Inspection and Acceptance

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
1001
Destination
Government
Destination
Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 22-MAR-2018 TO

21-MAR-2019

N/A
DEPARTMENT OF NAVY OFFICE OF INFORMATION

STEPHANIE GUERRERO

1200 NAVY PENTAGON, CODE OI-11, ROOM 4B514

WASHINGTON DC 20350-1200

703-692-4747 FOB: Destination N66760

1001
POP 22-MAR-2019 TO

21-MAR-2020

N/A
(SAME AS PREVIOUS LOCATION)

FOB: Destination N66760

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC____
Issue By DoDAAC____
Admin DoDAAC____
Inspect By DoDAAC____
Ship To Code____
Ship From Code____
Mark For Code____
Service Approver (DoDAAC)____
Service Acceptor (DoDAAC)____
Accept at Other DoDAAC____
LPO DoDAAC____
DCAA Auditor DoDAAC____
Other DoDAAC(s)____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.212-3
Offeror Representations and Certifications--Commercial Items
NOV 2017
52.212-4
Contract Terms and Conditions--Commercial Items
JAN 2017
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
252.204-7005
Oral Attestation of Security Responsibilities
NOV 2001
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
252.225-7039
Defense Contractors Performing Private Security Functions Outside the United States
JUN 2016
252.227-7013
Rights in Technical Data--Noncommercial Items
FEB 2014
252.227-7015
Technical Data--Commercial Items
FEB 2014
252.227-7037
Validation of Restrictive Markings on Technical Data
SEP 2016
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.237-7019
Training for Contractor Personnel Interacting with Detainees
JUN 2013
252.247-7003
Pass-Through of Motor Carrier Fuel Surcharge Adjustment To The Cost Bearer
JUN 2013
252.247-7023
Transportation of Supplies by Sea
APR 2014
252.247-7024
Notification Of Transportation Of Supplies By Sea
MAR 2000

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Section L - Instructions, Conditions and Notices to Bidders

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

The Government contemplates award of a Firm Fixed Price type task order resulting from this solicitation.

Quotes shall be submitted electronically to joseph.haviland1@navy.mil no later than 1600 local Philadelphia time on 7 February 2018.

Content: Quoters shall provide information to demonstrate that they are capable of meeting all requirements of the PWS. The completion and submission to the Government of a quote shall indicate the offeror’s unconditional assent to the terms and conditions of this solicitation, any attachments and/or exhibits hereto, and any subsequent award. The Government shall not agree to any terms and conditions that are in direct violation of the Federal Acquisition Regulations.

(End of Provision)

Section M - Evaluation Factors for Award

52.212-2 EVALUATION--COMMERCIAL ITEMS

The Government intends to award a contract resulting from this solicitation to the responsible contractor whose quote represents the lowest price technically acceptable (LPTA).

(End of Provision) image1.wmf

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