N62645-19-Q-0040.docx

N6264519Q0040

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. It is the contractor’s responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR and DFARS clauses may be accessed in full text at https://acquisition.gov/far/index.html and http://www.acq.osd.mil/dpap/sitemap.html.

The NAICS code is 334111 with a small business size standard of 1250 employees.

This document is linked to Notice of Intent Posting N62645-19-Q-0040. The contractor shall submit a quote in response to the requirement to the Naval Medical Logistics Command (NMLC). In accordance with FAR 13.501, NMLC intends to award a Firm Fixed Price (FFP) contract to Presidio Networked Solutions, LLC.

The scope of the requirement is listed in the Statement of Requirements and Equipment List.

Quotes shall be due no later than 1400 Eastern Time, 05 September 2019.

Acute VH Sync Suite

FFP

The contractor shall provide all equipment and services for the Acute Care Virtual Video Suites (Acute VH Sync Suite) for MTFs as identified in the Equipment List.

FOB: Destination

PSC CD: 6515

NET AMT

VTC Kits

The contractor shall provide all equipment and services for the Virtual Health Video Teleconferencing Equipment (VTC Kit) for MTFs as identified in the Equipment List.

NET AMT

Full Room System

The contractor shall provide all equipment and services for the Full Room System for MTFs as identified in the Equipment List.

NET AMT

VTC Codec

The contractor shall provide all equipment and services for the VTC Codec for MTFs as identified in the Equipment List.

NET AMT

Extended Warranty/Licensure

The contractor shall provide extended warranty and licensure as identified in the Equipment List.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

SEE DELIVERY LOCATIONS

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N62645

STATEMENT OF REQUIREMENTS

The Naval Medical Logistics Command (NMLC) has a requirement for information systems, telemedicine, videoconferencing [18-138] for forty seven (47) Naval Medical Treatment Facilities (MTFs) and telemedicine equipment licensing, extended service support and warranties for previously purchased Cisco telepresence systems at fifteen (15) Naval MTFs. Refer to tables (A-E) within the Equipment List for quantities.

Acute Care Virtual Video VH Suite (Acute VH Sync Suite) - (See Table A within the Equipment List)

1. The Acute Care Virtual Video Suites shall be comprised of a videoconferencing (VTC) codec, a camera, a microphone, a monitor, ceiling mounted speakers, mounts for the codec, VTC control panel, a monitor, and one (1) six-outlet wall surge protector with a USB charging port.

The camera shall include pan, tilt, at least 10x optical zoom with 20x total zoom power, and auto-focus functionality to adjust to light conditions and movement. The camera shall be capable of a 1920x1080 resolution at 60 frames per second. The camera shall have a pan range of +/- 100 degrees, tile range of +/- 20 degrees, horizontal field of view (FOV) of 80 degrees and vertical FOV of 48 degrees. The suite shall include a wall-mounted codec control unit to ensure the codec can be controlled by the staff in urgent situations.

The equipment shall support wired and wireless content sharing, and be Wi-Fi capable. The system shall be a Defense Health Agency (DHA) approved device. The system shall be compatible with the DHA’s Virtual Network Center’s video conferencing requirement and compatible with Cisco Unified Communications Manager. The equipment shall support Cisco Expressway Technology. The equipment shall support bandwidth up to 6 Mbps point-to-point. The equipment shall support H.239 and H.323 dual streaming, and provide video resolutions for encode and decode up to 1920 x 1080p60 (HD 1080p). The equipment shall support protocols H.323, SIP, and Cisco Webex. The equipment shall support multi-party communications.

The microphone included with the suites shall have a frequency response of 30 Hz to 19 kHz, optimized for human speech (70Hz-9 kHz), with a signal-to-noise ratio (SNR) of 72dB. The microphone shall be capable of being ceiling mounted.

The suites shall include a light-emitting diode (LED) monitor at least 32” measured along the diagonal with a minimum resolution of 1920 x 1080, with at least 2 HDMI ports.

The suites shall include wall mounts for the camera, codec, and control unit, each with their own compatible wall mount bracket. The monitor mount shall be a micro-tilt mount, capable of single-stud mounting, be able to tilt from 0 to -12 degrees and able to hold up to 100 lbs.

The speakers shall be 3” low profile ceiling mounted speakers with composite back can. The speakers shall have a range of 65 Hz to 20 kHz, -10 dB, half space (per IEC 60268-5), 70/110 V transformer, V-rails for 2' x 4' (600 mm x 1200 mm) ceiling tiles, and C-rings. The speakers shall include an amplifier rated at 60 W root mean square (RMS) power, 70/100 V, with signal-to-noise of >90 dB and <0.1% Total Harmonic Distortion plus Noise (THD+N).

2. Support, maintenance, and licensure: The system shall include software and hardware licenses to provide connectivity to the DHA fielded infrastructure. The system shall include a minimum of one (1) year of warranty support (8x5 next business day with replacement and support via email and phone) for the comprehensive case as delivered (e.g., codec, camera peripherals).

Virtual Health Video Teleconferencing Equipment (VTC Kit) – (See Table B within the Equipment List)

1. The video teleconferencing system shall be an all-in-one desktop collaboration featuring high-definition video, touchscreen interface, united communications features, a display for a laptop, and expanded capabilities. The device shall be a dedicated, always-on high-definition (HD) video communication system. The device shall include a high-quality audio system for speakerphone, an at least 23-inch 16:9 screen that provides for video calls, and a multi-touch capacitive touchscreen that provides a user interface. The device shall include a camera capable of tilting from an angle of -5 degrees to 70 degrees from the display. The device screen shall be capable of a tilt from an angle of 11 degrees to 50 degrees from the vertical. The device shall include at least 8 GB of storage and 2 GB of memory. The system should include a power cord, High-Definition Multimedia Interface (HDMI) cable at least 2m in length, Ethernet cable, USB cable at least 2m in length, and a compatible Video Electronics Standards Association (VESA) wall mount. The system shall support multi-party communications. The system shall be a DHA approved device, compatible with the DHA’s Virtual Network Center video conferencing requirements and compatible with Cisco Unified Communications Manager.

2. Support, maintenance, and licensure: The system shall include software and hardware licenses to provide connectivity to the DHA fielded infrastructure. The system shall include a minimum of one (1) year of warranty support (24x7 email and phone) for the comprehensive case as delivered (e.g., all software, peripherals, codec, computers, and case). Operating system support will be provided by the Government.

Full Room System – (See Table C within the Equipment List)

1. The full room system shall contain a professional 4K resolution, at least a 55” (diagonal) Liquid Crystal Display (LCD) monitor with Light-Emitting Diode (LED) backlight, autofocusing 4K ultra HD 3x zoom camera and wide-angle lens, and embedded speakers above the screen with a dedicated center speaker for optimal voice pick-up. The system shall include a touch 10 control panel, 8m of flat network cable for touch controller, two (2) tabletop microphones at least 7.5m, an embedded microphone with 6-element microphone array, 8m HDMI cable, 5m round network cable, and 5m US power cable. The system shall include a locking wheeled base to mount the monitor. The system shall support dual screen sharing at a bandwidth up to 6 Mbps point-to-point, support video standards H.264 and H.265, and support protocols H.323 and SIP. The system shall be Wifi capable and support both wired and wireless content sharing. The system shall be a DHA approved device, compatible with the DHA’s Virtual Network Center’s video conferencing requirement and compatible with Cisco Unified Communications Manager. All devices must be compliant with the DHA and Defense Information Systems Agency (DISA) standards.

2. Support, maintenance, and licensure: The system shall include software and hardware licenses to provide connectivity to the DHA fielded infrastructure. The system shall include a minimum of one (1) year of warranty support (8x5 next business day with replacement and support via email and phone) for the comprehensive case as delivered (e.g., codec, camera peripherals).

VTC Codec – (See Table D within the Equipment List)

1. The VTC codec shall be capable of delivery of high-definition video quality and multiparty conferencing. The devices shall have a standard 1080p solution and a premium resolution (1080p60). The device shall support protocols H.323 and Session Initiation Protocol (SIP) up to 6 Mbps point-to-point. The devices shall include a compatible, pan/tilt/zoom, auto-focus camera equipped with a minimum four times zoom capability, a tabletop microphone, and a remote control for control of the camera and codec settings. The devices shall include a wall mount kit for mounting the camera and codec, Digital Visual Interface (DVI) to HDMI cable, DVI to Video Graphics Array (VGA) cable, power cord, power supply, and a camera breakout cable to RJ45 (female) and HDMI (female). The system shall be a DHA approved device, and shall be compatible with the DHA Virtual Network Center’s video conferencing requirements and compatible with Cisco Unified Communications Manager.

2. Support, maintenance, and licensure. The system shall include software and hardware licenses to provide connectivity to the DHA fielded infrastructure. The system shall include a minimum of one (1) year of warranty support (24x7 email and phone) for the comprehensive case as delivered (e.g., all software, peripherals, codec, PC, and case). Operating system support will be provided by the Government.

Extended Warranty and Licensing – (See Table E within the Equipment List)

1. The warranty and licensure shall include at least 8 hours per day x 5 days/week extended service agreement with item replacement. The service shall include next business day response. Available methods for service support shall include phone, email, and online knowledgebase support. All updates of firmware/software shall be included at no additional cost. The support and warranties shall cover VTC integrated codec and all peripherals. The extended service shall support multi-party communications.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

All electronic devices must be approved to connect to and operate on the Defense Health Agency network (e.g., on the Defense Information Systems Agency Authorized Products List, have a Rapid Authority to Operate or Authority to Operate). In cases where multiple versions/configurations of a product are offered, the vendor will deliver the configuration approved for the DoD/DHA network. All personal computers will be delivered with the PC OEM’s trusted platform module upgraded/at version 2.0. All software and licensing shall support the MTF reimaging the device without a restriction on number of license installs or licenses activated (on same device). The software integrate and exchange data with the DHA, Army, Navy, and Navy currently fielded virtual health care infrastructure (GlobalMed encounter and Cisco VTC). The vendor will provide shipping and tracking information within 24 hours of shipment to allow MTF receipt preparedness. Contracted training and support individuals will have to meet base access requirements, which may vary by site. The Government POC will provide the site specific details during coordination.

DELIVERY LOCATIONS

Naval Health Clinic Patuxent River -Via- 47149 Buse Road Bldg 1370 Patuxent River, MD 20670

MARK FOR TIM DANIELS; TP3; N66098-9190-E077; N66098-19C002A

U.S. Naval Hospital Yokosuka

-Via-

Bldg E-18 Warehouse 1 Chome Tamaricho Yokosuka 2380041 Japan

MARK FOR: FRAN LAPUZ; TP3; N68292-9190-E077; N68292-19C002A

Naval Health Clinic Annapolis

-Via-

250 Wood Road Annapolis, MD 21402

MARK FOR RICH MOESCH; TP3; N00162-9190-E077; N00162-19C002A

Naval Hospital Twentynine Palms

-Via-

Receiving Officer Robert E. Bush Naval Hospital Bldg 1343 MCAGCC MAGTFTC Twentynine Palms, CA 92278-8250

MARK FOR ANTHONY LAMBERT; TP3; N35949-9190-E077; N35949-19C002A

Naval Medical Center Portsmouth

-Via-

620 John Paul Jones Circle, Bldg. 250 Portsmouth, VA 23708-5000

ATTN: JESUS SAENZ; TP3; N00183-9190-E077; N00183-19C002A

Naval Hospital Lemoore

-Via-

937 Franklin Ave.

Lemoore, CA 93246

MARK FOR WILL KEENER; TP3; N66095-9190-E077; N66095-19C002A

U.S. Naval Hospital Sigonella Italy -Via-

U.S. Naval Base SS192 Kilometer 15 Sigonella Sicily Catania Italy 95100 Italy

MARK FOR SEBASTIANO FICHERA; TP3; N39163-9190-E077; N39163-19C002A

Naval Hospital Camp Pendleton

-Via-

Bldg H-100 Marine Corps Base Camp Pendleton, CA 92055-5008

MARK FOR JULIE BERTRAND; TP3; N68094-9190-E077; N68094-19C002A

Naval Hospital Oak Harbor

-Via-

3475 North Saratoga Street Oak Harbor, WA 98278

MARK FOR SAMANTHA CLARK; TP3; N66097-9190-E077; N66097-19C002A

Naval Health Clinic Quantico

-Via-

Medical Clinic 3259 Catlin Avenue Quantico, VA 22134

MARK FOR LORENZO BOYD; TP3; N00231-9190-E077; N00231-19C002A

Naval Medical Center Camp Lejeune

-Via-

100 Brewster Blvd.

Camp Lejeune, NC 28547-0100

MARK FOR SHAUN MANEY; TP3; N68093-9190-E077; N68093-19C002A

Naval Hospital Cherry Point

-Via-

Bldg 4389 Beaufort Road Cherry Point, NC 28533

MARK FOR ED VARGAS; TP3; N66094-9190-E077; N66094-19C002A

U.S. Naval Hospital Okinawa

-Via-

ATTN: Supply Officer (N68470) BLDG 966 Tarawa Rd, Camp Foster Ginowan-shi, Isa Okinawa, Japan 901-2221

MARK FOR AARON GILMORE; TP3; N68470-9190-E077; N68470-19C002A

Naval Medical Center San Diego

-Via-

Loading Dock 1 34800 Bob Wilson Drive San Diego, CA 92134-5000

MARK FOR JESSE LOFTUS; TP3; N00259-9161-E072; N00259-19C002B

U.S. Naval Hospital Rota

-Via-

Hospital Americano De La Base Naval Rota Hospital Supply Apartado De Correos 33 Rota, Cadiz, Spain 11520

MARK FOR TERSA RAMIREZ; TP3; N66101-9161-E072-N66101-19C002B

Naval Hospital Pensacola

-Via-

Materiel Management Dept 6000 West Highway 98 Pensacola, FL 32512-0001

MARK FOR MIKE GUY; TP3; N00203-9161-E072; N00203-19C002B

EQUIPMENT LIST

The Naval Medical Logistics Command (NMLC) has a requirement for information systems, telemedicine, videoconferencing [18-138] for forty seven (47) Naval Medical Treatment Facilities (MTFs) and telemedicine equipment licensing, extended service support and warranties for previously purchased Cisco telepresence systems at fifteen (15) Naval MTFs. The following quantities for telemedicine videoconferencing systems are required:

Table A Virtual Health Video Teleconferencing Equipment (VTC Kit) Table B Full Room System Table C VTC Codec Table D

Naval Health Clinic (NHC) Patuxent River, MD

· Branch Health Clinic (BHC) Andrews AFB, MD

· BHC Dahlgren, VA

· BHC Indian Head, VA

Naval Hospital Twentynine Palms, CA

· BHC China Lake, CA

NHC Annapolis, MD

· BHC Colts Neck Earl, NJ

· BHC Mechanicsburg, PA

· BHC Philadelphia, PA

USNH Sigonella

· BHC Souda Bay Crete, Greece

Naval Medical Center (NMC) Portsmouth, VA

· BHC Norfolk, VA

NHC Lemoore, CA

· BHC Fallon, NV

NH Pensacola, FL

· BHC Meridian, MS

· BHC Gulfport, MS

· BHC Mid-South, TN

· BHC Milton Whiting Field, FL

· BHC NAS Belle Chase, LA

· BHC NAS Pensacola, FL

· BHC NATTC Pensacola, FL

· BHC NAVCOASTSYC Panama City, FL

· BHC NTTC Pensacola, FL

· BHC WPNSCEN Crane, IN

NH Camp Pendleton

· BHC Yuma, AZ

USNH Yokosuka, Japan

· BHC Iwakuni, Japan

· BHC Chinhae, ROK

· BHC Sasebo, JA

· Branch Health Annex (BHA) Camp Fuji, JA

· BHC Atsugi, JA

· BHC Diego Garcia

NHC Hawaii

NHC Quantico

· BHC Washington Navy Yard, Washington, DC

NMC Camp Lejeune, NC

NMW, San Diego, CA

USNH Okinawa, Japan

NHC New England, Newport RI

· BHC Groton, CT

· BHC Portsmouth, NH

· BHC Saratoga Springs, NY

NHC Oak Harbor

NMC San Diego

Telemedicine equipment licensing, extended service support and warranties for previously purchased Cisco telepresence systems including the models DX80, EX90, SX20, SX80, MX200, and MX300 is also required at fifteen (15) Naval Medical Treatment Facilities (MTFs). The licensing, extended service support and warranties shall be for one (1) year. The following quantities are required for each MTF:

Extended Warranty/Licensing Table E

DX80

MX300

NMC Portsmouth

NHC Oak Harbor

NHC Quantico

· BHC Washington Navy Yard, Washington, DC

NHC Corpus Christi

TABLE A: ACUTE VH SYNC SUITE

TABLE B: VTC Kit

Table C: FULL ROOM SYSTEM

TABLE D: VTC Codec

TABLE E: EXTENDED WARRANTY/LICENSING

OTHER CONTRACTING REQUIREMENTS

Risk Management Framework (RMF)

The contractor shall comply with RMF requirements, as specified by the Defense Health Agency (DHA) that meet appropriate DoD, DHA and Navy Cybersecurity requirements. The contractor shall initiate the process by providing the required documentation necessary to submit their system to the Authorizing Official (AO) for assessment and authorization (A&A) for this contract. The requirements shall be met before the contractor's system is authorized to access DoD data or to interconnect with any DoD network or system that receives, processes, stores, displays or transmits DoD data. The contractor shall ensure the proper contractor support staff is available to participate in all phases of the RMF process. This includes, but is not limited to;

Attending and supporting RMF and A&A meetings with Navy and DHA cybersecurity representatives as required.

Support/conduct vulnerability mitigation to comply with cybersecurity controls listed in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53; Security and Privacy Controls for Federal Information Systems and Organizations and DHA Administrative Instruction 77. In order for a system to be authorized, there shall be zero Category 1 findings.

Support the A&A Team during system security testing.

Once the system has been authorized, the contractor shall maintain an acceptable security baseline consistent with the authorization granted by the AO throughout the life of the system. This includes ensuring that all vulnerabilities affecting the operating system, primary application, database and all third party software have validated and applied within 30 days.

Cybersecurity

The vendor shall establish appropriate administrative and technical safeguards to protect any and all data, to ensure the confidentiality, integrity, and availability of Government data under their control. At a minimum, this shall include provisions for vendor personnel security and electronic security.

The proposed system shall be capable of supporting the use of Defense Information Systems Agency (DISA) approved antimalware applications. The Navy uses McAfee Host Based Security System (HBSS) as their solution. The vendor shall provide technical specifications that clearly demonstrate whether the proposed solution can integrate and support, either fully or partially the operation without performance degradation of the medical system/device. In cases where the operation of HBSS is not technically achievable, the vendor shall provide detailed justification and a Plan of Actions and Milestones (POA&M) describing steps towards compliance with this requirement.

The vendor must provide their Antivirus (AV) policy and a list of AV Exceptions (if applicable) to the NMLC prior to AV installation on the system/device. AV must be installed on all devices before they are placed on the Navy network.

Systems shall be configured in such a way to allow for the updating of malware definition signatures on a scheduled basis. Scanning shall encompass the entire system (file system, operating system, real-time processes), by default. In cases where scanning of the entire system may negatively affect its operation, the vendor shall provide a detailed list of exclusions with justifications.

Vulnerability Management

Vulnerability mitigation strategies include security updates, service packs, and changes to operating procedures as physical and cyber vulnerabilities are detected. Operating systems, servers, development platforms and the application being delivered to the Navy shall be in compliance with all known applicable guidelines. The vendor shall agree to be proactive in working with the Navy to mitigate new threats as they emerge.

All vendor validated and approved patches, up to and including the date of install, must be loaded on the system prior to system go-live. Security scans will be run during government acceptance testing. All Category I (CAT I) findings must be remediated prior to government acceptance of the system. A CAT I vulnerability is any vulnerability, the exploitation of which will, directly and immediately result in loss of Confidentiality, Availability, or Integrity. There shall be no more than 10 Category II (CAT II) findings at the time of government acceptance. CAT II vulnerabilities are any vulnerability, the exploitation of which has a potential to result in loss of Confidentiality, Availability, or Integrity.

Domain Name System Realm/Directory Services

Contractor will be required to provide technical evidence, if applicable, whether client/server topology based medical systems can integrate with Directory Services and support LDAP authentication.

Local Privileged and Administrative User/Local System Accounts

Contractor shall create a single local user account with administrative/root level privileges for purposes of conducting system repairs and maintenance only. This account shall be separate and distinct from the built-in local administrative/root account provided by the Operating System and shall comply with DoD policy. All factors required to complete successful identification, authentication and authorization against the built-in local Administrative/Root level account shall be provided to the MTF Biomedical Engineering Department.

Complete administrative system rights shall be provided to the government System Administrator for the purpose of conducting device vulnerability scans as needed.

DHA Business to Business (B2B) Gateway. All contractor systems that will communicate with DON systems will interconnect through the established DHA Business to Business (B2B) gateway.

Contractors will connect to the B2B gateway via a contractor procured Internet Service Provider (ISP) connection and assume all responsibilities for establishing and maintaining their connectivity to the B2B gateway. This will include acquiring and maintaining the circuit to the B2B gateway and acquiring a Virtual Private Network (VPN) device compatible with the DHA VPN device. Maintenance and repair of contractor procured VPN equipment shall be the responsibility of the contractor.

Contractors shall configure their network to support access to government systems (e.g., configure ports and protocols for access).

Contractors shall provide full time connections to a TIER1 or TIER2 ISP. Dial-up ISP connections are not acceptable.

Contractors will comply with DoD guidance regarding allowable ports, protocols and risk mitigation strategies prior to accessing DoD/DHA networks. All contractors will be required to complete a DISA Form 2875, System Authorization Access Request form (SAAR) and submit it to the Navy PACS Office for processing. Contractor personnel will be required to complete applicable DoD cybersecurity training.

IPv6

The proposed system shall be Internet Protocol version 6 (IPv6) capable or the vendor shall provide a detailed project, migration or planning documentation to show when the proposed system shall be IPv6 capable.

Minimum IPv6 capabilities include:

· Conformant with the IPv6 standards profile contained in the DoD IT Standards Registry (DISR);

· Maintaining interoperability in heterogeneous environments with IPv4;

· Commitment to upgrade as the IPv6 standard evolves;

· Availability of vendor IPv6 technical support.

The contractor shall be able to demonstrate or provide documentation to prove that their product is IPv6 capable

Health Insurance Portability and Accountability Act (HIPAA) The contractor shall comply with the HIPAA Act of 1996 (Public Law 104-191) requirements, specifically the administrative simplification provision s of the law and the associated rules and regulations published by the Secretary, Health and Human Services (HHS). This includes the Standards for Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information and the Security Standards.

Applicable References:

DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT) NIST SP 800-37 Guide for Applying the Risk Management Framework to Federal Information Systems of February 2010, as amended NIST SP 800-53 Security and Privacy Controls for Federal Information Systems and Organizations, of 30 April 2013, as amended DoD Instruction 500.01 of 14 March 2014, DoD Cybersecurity DHA Administrative Instruction 77 of 28 May 2015 DoD Instruction 6025.18-R, DoD Health Information Privacy Regulation DoD Instruction 8580.02, Security of Individually Identifiable Health Information in DoD Health Care Programs

CONTRACTOR SUPPORT

Notice: Navy Use Of Support Contractor For Contract Closeout Functions

Naval Medical Logistics Command (NMLC) uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group (CRG) of Federal Hill, MD, doing business under the authority of the Small Business Administration’s 8(a) program, and National Industries for the Blind (NIB) (Ability One Program), doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information the Contractor provides to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical responses and performance information.

NMLC has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

By signature of this contract, the offeror consents to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(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.