N62306-14-Q-4S01_SOL..doc

Section SF 1449 - CONTINUATION SHEET

SERVICES, DATA ANALYSIS AND EVALUATION

FFP

DATASET ANALYSIS, EVALUATION, PROCESSING AND EXPLOITATION OF HYDROGRAPHIC AND BATHYMETRIC DATA IN ACCORDANCE WITH THE STATEMENT OF WORK INCORPORATED HEREIN.

FOB: Destination

PURCHASE REQUEST NUMBER: N6230614PR062NV

MAX

NET AMT

FFP

DATASET ANALYSIS, EVALUATION, PROCESSING AND EXPLOITATION OF HYDROGRAPHIC AND BATHYMETRIC DATA IN ACCORDANCE WITH THE STATEMENT OF WORK INCORPORATED HEREIN.

MAX

FFP

DATASET ANALYSIS, EVALUATION, PROCESSING AND EXPLOITATION OF HYDROGRAPHIC AND BATHYMETRIC DATA IN ACCORDANCE WITH THE STATEMENT OF WORK INCORPORATED HEREIN.

MAX

FFP

DATASET ANALYSIS, EVALUATION, PROCESSING AND EXPLOITATION OF HYDROGRAPHIC AND BATHYMETRIC DATA IN ACCORDANCE WITH THE STATEMENT OF WORK INCORPORATED HEREIN.

MAX

FFP

DATASET ANALYSIS, EVALUATION, PROCESSING AND EXPLOITATION OF HYDROGRAPHIC AND BATHYMETRIC DATA IN ACCORDANCE WITH THE STATEMENT OF WORK INCORPORATED HEREIN.

MAX

STATEMENT OF WORK

ANALYSIS, EVALUATION, PROCESSING, AND EXPLOITATION OF HYDROGRAPHIC DATA

1.0 Background:

1.1 The Naval Oceanographic Office (NAVOCEANO), Hydrographic Department (NP4) is tasked with providing hydrographic survey data in support of Navy requirements for surface and sub-surface Safety of Navigation (SoN). Navy requirements are interpreted, plans and technical specifications are developed, hydrographic and bathymetric data are gathered and ingested. These resultant datasets are verified, validated. While the primary purpose and overall arching requirement is SoN, the data are utilized in a variety of other products to enhance the situational awareness of the Warfighter. NAVOCEANO will establish a multiyear contract for assistance in the analysis, evaluation, processing, and exploitation of these data.

2.0 Scope:

2.1 Work performed will be through the issuance of individual Task Orders (TO). The contractor shall, in accordance with the TOs issued, perform work within the parameters of the task areas listed in this section. No work will begin on a task until the TO has been approved by the Contracting Officer.

2.2 Effort under each order will consist of analyzing and processing hydrographic and bathymetric datasets collected by a variety of survey platforms. Typical dataset type and estimated volume are listed below.

2.3 Effort under each order will include the use of SABER software (v5.1.3 or newer) for dataset evaluation, manipulation, and Bathymetric Attributed Grid (BAG) production. The use of other NAVOCEANO approved software may be required. All resultant data files must be compatible with NAVOCEANO approved software.

2.4 The Contractor will review the provided datasets / reports and perform the required processing to determine dataset quality with respect to the survey Technical Specification requirements. Survey datasets shall be processed and BAG files generated in accordance with an established processing plan. Special instructions on the processing of individual datasets may be provided.

2.5 Tasks shall include the following:

2.5.1 Processing Plan Document Generation: The contractor shall prepare a written processing plan documenting the data processing strategy for each task listed in the following sections. The contractor shall provide the processing plan to NAVOCEANO for review and concurrence prior to performing dataset analysis.

2.5.2 Data Pre-Processing: The contractor shall perform data pre-processing on the provided survey datasets and apply appropriate offsets, biases, horizontal / vertical correctors, and uncertainty attribution.

2.5.3 Data Evaluation and Editing: The contractor shall evaluate and edit the provided survey datasets to identify features and hazards, address systematic errors, invalidate dataset outliers, and to provide accurate statistical depth values.

2.5.4 Data Validation: The contractor shall validate the provided survey datasets and determine if the dataset meets the survey Technical Specification requirements.

2.5.5 BAG Generation: The contractor shall generate BAG files representing the best possible depth estimate of the seafloor bathymetry that the environment and survey data collection systems will support.

2.5.6 Dataset Documentation and Organization: The contractor shall sufficiently document all effort put forth towards dataset evaluation, manipulation, validation, and BAG production. Data will be organized into an acceptable and standardized naming convention and archive structure prior to delivery.

2.5.7 Progress, Status, and Issues Document Generation: The contractor shall prepare a written progress / status / issues document that describes the current status of the effort, including monetary and hourly metrics. The contractor shall also document any issues that have been encountered in data processing and how they were remedied. The contractor shall provide the document to NAVOCEANO on a monthly basis.

3.0 Government Furnished Information and Equipment:

3.1 Government furnished information provided under this contract may vary with each dataset and can include:

3.1.1 Dataset documentation

3.1.1.1

Survey Technical Specifications.

3.1.1.2

Survey specific documentation.

3.1.1.3

Specific instructions to be used in the creation of deliverables.

3.1.2 Dataset information

3.1.2.1 Navigation information.

3.1.2.2

Attitude information.

3.1.2.3

Water level correction information.

3.1.2.4 Feature/hazard information.

3.1.2.5 Hydrographic/bathymetric survey data.

3.1.3 Complimentary information

3.1.3.1

NGA Digital Nautical Charts (DNCs).

3.1.3.2

NGA raster nautical charts.

3.2 All information provided to the contractor shall only be used under the terms of fulfilling the contractual obligations and shall be deleted from all contractor mass storage and media at the end of the contract.

3.3 Government furnished equipment provided under this order will include SABER software (5 licenses).

3.4 It is not anticipated that any government furnished hardware or operating system software will be provided. If the opportunity arises within this contract for NAVOCEANO to supply the contractor with these items, then NAVOCEANO may choose to do so.

3.5 All government property will be returned to NAVOCEANO as directed, or upon completion of this contract.

4.0 Applicable Documents:

4.1 The applicable references and standards required under this contract may vary with each tasking. The contractor shall periodically request documentation version information.

4.1.1 References include the following:

4.1.1.1

IHO C-13, 1st Edition, Manual on Hydrography.

4.1.1.2 IHO S-100, 1st Edition, IHO Universal Hydrographic Data Model.

4.1.1.3 IHO S-102 1st Edition, Bathymetric Surface Product Specification.

4.1.2 Standards include the following:

4.1.2.1

IHO S-44, 5th Edition, IHO Standards for Hydrographic Surveys.

5.0 Deliverables:

5.1 Both administrative and dataset deliverables shall be prepared. Administrative progress, status, and issues deliverables shall be submitted on the 15th of each month. The method used to produce the dataset deliverables must not exceed six weeks or thirty (30) business days per dataset. The deliverables are to be submitted via electronic media, or secure file transfer. Deliverables shall be submitted to the contract technical POC, or designee. Priority of data set processing will be provided for at the task order level.

5.1.1 Administrative deliverables provided by the contractor shall include the following:

5.1.1.1 Processing Plan.

5.1.1.2 Progress, Status, and Issues Report.

5.1.2 Dataset deliverables provided by the contractor shall include the following:

5.1.2.1 Pre-processed, evaluated, edited, and validated dataset.

5.1.2.2 Data processing workbook.

5.1.2.3 Data processing report.

5.1.2.4 BAG files.

5.2 NAVOCEANO will accept or reject the deliverables in writing.

5.2.1 NAVOCEANO will have thirty (30) working days to complete its review of the deliverables. If notification of acceptance is not provided to the Contractor within thirty (30) working days the deliverables will be deemed accepted. Invoices are billable upon acceptance of each data set.

5.2.2 In the event of the rejection of any deliverable, the Contractor shall be notified in writing by NAVOCEANO, giving the specific reason(s) for rejection. The Contractor shall have thirty (30) working days to correct the rejected deliverable and return it to the NAVOCEANO.

6.0 Travel Requirements:

6.1 It is anticipated that the following travel requirements will be necessary per order:

Stennis Space Center, MS

EXHIBIT 1: DATA SET TABLE

The following table represents the different data sets that could be processed throughout the year. Contractors should price each data set type and complete both tables below.

The table below represents a rough order of magnitude for approximate quantities of data sets (types) per year, but is subject to change as follows:

Travel

Totals (immediately above) should be reflected as the Max Net Amount per CLIN on pages 3 through 5.

**Contractors shall provide a break down of labor categories (as required by the Statement of Work), estimated labor hours, and labor rates for each data set type.

QASP MATRIX

Desired Outcomes

(What do we want to accomplish as the end result of this contract?)

Required Service

(What task must be accomplished to give us the desired result?)

Performance Standard/Measurement

(What should the standards for completeness, reliability, accuracy, timeliness, quality and/or cost be?)

Monitoring Method

(How will we determine that success has been achieved?)

Incentives/Disincentives for Meeting or Not Meeting the Acceptable Quality Level

(What carrot or stick will best reward good performance or punish poor performance?)

Bathymetric datasets will be pre-processed in accordance with NP4 requirements.

Pre-processing refers to data processing inside the time domain (GSF).

The ping flags and history records of the GSF files will be reviewed for compliance with the processing plan.

The Technical Point of Contact (TPOC) or designee will conduct the review.

100% inspection. Subject matter expert approval.

The Technical Point of Contact (TPOC) or designee will conduct the review.

Appropriate ratings for past performance.

Bathymetric datasets will be evaluated and edited in accordance with NP4 requirements.

Evaluation and editing refers to data processing in the spatial domain (PFM, or Swath Editing).

The statistical depth layer and uncertainty of the PFM files, or multibeam swaths will be reviewed for compliance with the processing plan.

The Technical Point of Contact (TPOC) or designee will conduct the review.

100% inspection. Subject matter expert approval.

The Technical Point of Contact (TPOC) or designee will conduct the review.

Appropriate ratings for past performance.

BAG files will be reviewed for compliance with the processing plan.

The Technical Point of Contact (TPOC) or designee will conduct the review.

100% inspection. Subject matter expert approval.

The Technical Point of Contact (TPOC) or designee will conduct the review.

Appropriate ratings for past performance.

The Technical Point of Contact (TPOC) or designee will conduct the review.

100% inspection. Subject matter expert approval.

The Technical Point of Contact (TPOC) or designee will conduct the review.

Appropriate ratings for past performance.

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$3,000.00

50.00

$1,650,000.00

$3,000.00

50.00

$1,200,000.00

$3,000.00

50.00

$1,200,000.00

$3,000.00

50.00

$1,200,000.00

$3,000.00

50.00

$1,200,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

24-AUG-2015

MSAAP B9134, CODE N114 UIC: N62306

GBLOC: FMNU SPLC: 488936290

STENNIS SPACE CENTER MS 39522-5001

N62306

24-AUG-2016

N62306

24-AUG-2017

N62306

24-AUG-2018

N62306

24-AUG-2019

N62306

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

Quotes will be evaluated based on the evaluation factors set forth in the RFQ under FAR 52.212-2 Evaluation—Commercial Items. The factors are as follows:

Factor

Description

1 Technical Capability

2 Past Performance

3 Price

Technical Capability and Past Performance, when combined, are more important when compared to price.

Additionally, the Government reserves the right to award to other than the lowest priced technically acceptable proposal or make no award.

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

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

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2014)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

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).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (Aug, 2013) (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).

X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so…