HSHQDC-12-R-00005 - Amendment 00002

FirstSource II - Request For Proposals Chapter B – Continuation of SF 1449 RFP No. HSHQDC-12-R-00005 Section C – Program Objectives

8b – Amendment 00002 – February 17, 2012

• Customer Satisfaction Measurement,

• Spend Management, and

• Problem Resolution Measurement.

4. Meet dynamic DHS customer requirements for IT commodities solutions and VAR services, special delivery needs, and related services throughout the term of the contract.

5. Implement standardized IT configurations and solutions consistent with the evolving DHS

Enterprise Architecture standards.

6. Provide a flexible and dynamic contract vehicle to access and leverage world-class small business partners.

C.5 Requirements and Considerations This section describes DHS’s technical and management requirements and considerations that must be accommodated by Offerors in the development of potential solutions. These items relate directly to the FirstSource II Program Objectives listed in Chapter B, Section C.4.

C.5.1 Technical Requirements and Considerations

Chapter D, Attachment 3, lists the DHS Standard Configurations and describes the primary components of those configurations. The Contractor shall meet or exceed all requirements listed in these configurations. The following sections describe additional technical requirements and considerations that offerors shall address in their technical solutions.

C.5.2 Power Requirements

The Contractor shall provide hardware that is operable at all DHS locations including OCONUS locations using the standard power outlets (to be defined at the Delivery Order level) available at the location.

C.5.3 Information Technology Accessibility for Persons with Disabilities

All services and Electronic Information Technology (EIT) delivered as a result of orders placed under this contract shall comply with accessibility standards in accordance with Federal Information Technology Accessibility as required by Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended. Information about the Section 508 Electronic and Information Technology Accessibility Standards may be obtained via the Web at the following URL:

www.Section508.gov.

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal http://www.section508.gov/�

11a – Amendment 00002 – February 17, 2012

DHS Office of Accessible Systems and Technology has reviewed this acquisition request and has determined that a National Security Exception for the purposes of Section 508 applies and is thereby authorized. National Security Exception #<To be filled in on DO> has been attached and included in the contract file.

DHS has reviewed this acquisition request and has determined that a Fundamental Alteration exception for the purposes of Section 508 applies and is thereby authorized. Fundamental Alteration Exception #<To be filled in on DO> has been attached and included in the contract file.

DHS has reviewed this acquisition request and has determined that a Back Office exception for the purposes of Section 508 applies and is thereby authorized. Back Office Exception #<To be filled in on DO> has been attached and included in the contract file.

All tasks for testing of functional and/or technical requirements must include specific testing for Section 508 compliance, and must use DHS Office of Accessible Systems and Technology approved testing methods and tools. For information about approved testing methods and tools send an email to accessibility@dhs.gov.

The text of DHS Management Directives can be obtained at the following website:

http://www.dhs.gov/xfoia/gc_1254501589035.shtm#4

C.5.4 System Requirements

The Contractor shall provide hardware and software components that are factory-installed and ready for immediate use (e.g., device drivers loaded; all cables and adapters included) unless otherwise specified in individual Delivery Orders. The Contractor shall provide documentation either included or available on-line, or both, for all products offered. DHS intends to integrate, from a programmatic standpoint, products provided from these contracts into various DHS network environments. Notwithstanding, DHS may perform actual integration efforts for specific products. For this reason the Contractor shall provide products under this contract that contain industry standard ports and interfaces for, among other things, network connectivity, printing, communications, and device control.

During the term of this contract, the Contractor shall deliver, furnish for Government use, or furnish for Contractor use at a Government-owned facility, only personal computer products that at the time of submission of proposals were the Electronic Products Environmental Assessment Tool (EPEAT) Bronze registered or higher where such EPEAT products are available at www.epeat.net.

Personal computer products include a notebook computer, a desktop computer, or a computer monitor, and any peripheral equipment that is integral to the operation of such items. For example, the desktop computer together with the keyboard, the mouse, and the power cord would be a personal computer product. Printers, copiers and fax machines are not included in peripheral equipment, as used in the FAR definition.

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12a – Amendment 00002 – February 17, 2012

When an ordering activity specifies personal computer products that are not EPEAT registered and suitable EPEAT products are available, the Contractor shall:

a. Notify the requester of the requirement to purchase the EPEAT product; and

b. Provide a suitable alternative(s) that meet the EPEAT registered requirements.

C.5.5 Existing DHS Enterprise-Wide Vehicles DHS has several existing enterprise-wide vehicles for the acquisition of specific items, including a department-wide Enterprise License Agreement (ELA) for the acquisition of Microsoft Software enterprise products (excluding Windows Client Operating System). All of these Microsoft enterprise products are acquired by DHS through the ELA. Therefore Contractors shall not duplicate, mark-up, or otherwise increase the price of any Client PC or Server to provide this enterprise software for which DHS already has an agreement in place. Additionally, in the case of a requirement being available through both FirstSource II and a commodity-specific enterprise-wide contract, preference will be given to the commodity-specific contract.

C.5.5.1 Microsoft Software Pricing

For consistency in FirstSource II pricing, all Client PCs and Servers will be priced as replacement systems. The ELA allows for the transfer of the existing licenses to the replacement systems. Client PCs should be priced to include only the basic operating system with no additional OEM software; Servers should be priced to include no operating systems. Note:

Successful FirstSource II Contractors will be provided complete details regarding DHS’s ELA after award.

C.5.6 Enterprise Software Licensing DHS does not intend to issue any Delivery Orders under this contract for software licenses for which it has an existing ELA. If, at a future date, an ELA is established for software licenses which have previously been ordered under FirstSource II, all software licenses will be transferred to the DHS ELA. As a condition of any Delivery Order issued under FirstSource II, the vendor agrees that it will facilitate the transfer of any software licenses purchased under FirstSource II to any future DHS ELA, at no additional cost to the Government. Current ELAs include Adobe, Microsoft, Oracle, Environmental Systems Research Institute (ESRI), McAfee, IBM, F5 Networks, Quantum, VMWare, NetApp, and Symantec.

C.5.7 New Equipment and Software Release Requirements The Contractor shall provide only new OEM equipment under this contract. Refurbished equipment is not acceptable. Third party components/parts integrated into a system that are configured by the Contractor must be authorized and approved, in writing, by the Government.

The use of third party components/parts must meet all specifications of the Government’s requirement, must comply with existing DHS Enterprise Architecture standards, and must include equivalent standard customary warranty service. The Contractor must disclose which components/parts are the third party components/parts in the proposal, and the decision to accept or reject the proposal rests with the Government. For software products, the Contractor shall provide only the latest commercially available version under this contract unless otherwise expressly approved, in writing, by the Government. The Contractor shall assist the Government

13a – Amendment 00002 – February 17, 2012 in obtaining the software technical support (updates, patches, bug-fixes, etc.) for all products purchased under this contract.

If the Contractor provides refurbished or counterfeit equipment under the performance of this contract, the Contractor shall bear sole and entire responsibility for 1) replacing the items with new OEM equipment at no additional cost to the Government; and, 2) any damages or replacement costs associated with the refurbished/counterfeit equipment.

C.5.8 Americans with Disabilities Act Considerations Some users with disabilities may require specialized hardware and software to effectively operate the provided products. Specialized hardware and software requirements will be defined on a case-by-case basis. These products will be specified and priced at the time the specific Delivery Order is issued under the base contract.

C.6 Management Requirements and Considerations The following sections describe the management requirements and considerations that offerors shall address in their management solutions in the post-award environment.

C.6.1 Production and Business Capability Requirements The Contractors and their respective project teams, including major subcontractors, OEMs, and suppliers, shall be capable of meeting the following production and business requirements (notwithstanding, the below is in no way a guarantee of the volume of orders to be submitted under FirstSource II):

(1) Production and delivery of at least the following volume per month: five thousand (5,000) desktop systems, five hundred (500) advanced servers; and five hundred (500) portable systems with the associated software, services, and peripherals.

(2) Management Staffing and Infrastructure, Financial Capacity and Infrastructure, Data Systems, Fulfillment Capacity and Infrastructure, and Administrative and Billing Capacity suitable, at a minimum, for the production and delivery volumes set forth in paragraph 1.

C.6.2 DHS Imaging Requirements The Contractor shall provide DHS image installation services on designated equipment as specified in individual Delivery Orders. The Contractor’s DHS image installation process shall include adequate burn-in time to assure image integrity. The Contractor shall maintain an electronic library of all DHS provided images, accessible by DHS upon request. The Contractor shall consider the DHS image data as proprietary information and shall protect this information in accordance with applicable Government regulations. The Contractor shall, upon award, provide an estimated cost for image installation services to the Government.

C.6.3 OEM Management Requirements The prime Contractors shall be responsible for the management of their OEMs, suppliers and subcontractors during the term of the contract. Attributes of such responsibility are expected to

RFP No. HSHQDC-12-R-00005 Section H – Special Contract Requirements

32a – Amendment 00002 – February 17, 2012 http://www.dhs.gov/xopnbiz/regulations/gc_1204658767888.shtm.

H.12 Post-Award Conference The Contractor shall participate in a post-award conference that will be held approximately thirty

(30) business days after contract award. The purpose of the post-award conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems (See FAR Subpart 42.5).

The FirstSource II COR is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the Contractor. The FirstSource II CO will designate or act as the chairperson at the conference. The chairperson of the conference shall conduct the meeting.

The conference may be conducted at a location within the Washington DC commuting area at the Government’s discretion.

The post-award conferences will establish work level points of contact, determine the administration strategy, roles and responsibilities, and other information pertinent to the successful administration of and participation in the FirstSource II program.

H.13 Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information The assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive information during the acquisition process and contract performance are essential to the DHS mission. DHS Management Directive (MD) 11042.1 Safeguarding Sensitive But Unclassified (For Official Use Only) Information, describes how Contractors must handle sensitive but unclassified information. DHS MD 4300.1 Information Technology Systems Security and the DHS Sensitive Systems Handbook prescribe policies and procedures on security for IT resources. Contractors shall comply with these policies and procedures, any replacement publications, or any other current or future DHS policies and procedures covering Contractors specifically for all orders that require access to facilities, IT resources or sensitive information.

Contractors shall not use or redistribute any DHS information processed, stored, or transmitted by the Contractor except as specified in the order.

H.14 FirstSource II Delivery Order-Level Reporting – HUBZone Socio- Economic Category (to be inserted at the discretion of the DO CO)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, HUBZone small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns; and

(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

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34a – Amendment 00002 – February 17, 2012

H.15 FirstSource II Delivery Order-Level Reporting – Small Business Socio- Economic Category (to be inserted at the discretion of the DO CO)

(a) Definitions:

“Cost of contract performance incurred by personnel” as used in this clause means:

(1) For Time & Material and Labor-Hour Contract Line Item Numbers, total personnel cost is the total cost excluding materials.

(2) For fixed price Contract Line Item Numbers, total personnel costs equals the total costs incurred less materials and subcontract costs.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(c) For orders under the FirstSource II contracts, the provisions in paragraph (b) shall be applied separately to each individual Delivery Order level rather than to the contract as a whole. The Contractor shall, on a semi-annual basis, provide a report to the FirstSource II COR which outlines the percentage of work performed on each completed Delivery Order. For Delivery Orders with multiple periods, the Contractor shall include any completed base or option period(s) on the semi-annual report.

(d) Remedies

(1) If the contractor fails to comply with the requirements in paragraph (b) above, the contractor shall repay the Government the following amount:

(i) Fixed Price Contracts / Contract Line Item Numbers: (50 percent less actual percentage of work performed by the concern) x Total Contract Price

(ii) T&M Contracts / Contract Line Item Numbers: (50 percent less actual percentage of work performed by the concern) x Total Costs Billed Under the Contract

H.16 FirstSource II Delivery Order-Level Reporting – Service-Disabled, Veteran-Owned Small Business Socio-Economic Category (to be inserted at the discretion of the DO CO)

(a) Definition. “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).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;

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36a – Amendment 00002 – February 17, 2012

H.17 FirstSource II Delivery Order-Level Reporting – EDWOSB Socio- Economic Category (to be inserted at the discretion of the DO CO) (a)Definitions “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 (WOSB) concern eligible under the WOSB Program.

“WOSB Program Repository” means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for EDWOSB concerns;

(2) Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns; and

(3) Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from EDWOSB concerns. Offers received from concerns that are not EDWOSB concerns will not be considered.

(2) Any award resulting from this solicitation will be made to an EDWOSB concern.

(d) Agreement. An EDWOSB concern agrees that in the performance of the contract for—

(1) Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees;

(2) Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);

(e) Joint Venture. A joint venture may be considered an EDWOSB concern if—

(1) It meets the applicable size standard corresponding to the NAICS code assigned to the contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);

(2) The EDWOSB participant of the joint venture is designated in the Central Contractor Registration (CCR) database and the Online Representations and Certifications Application (ORCA) as an EDWOSB concern;

(3) The parties to the joint venture have entered into a written joint venture agreement that contains provisions—

(i) Setting forth the purpose of the joint venture;

(ii) Designating an EDWOSB concern as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;

(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the EDWOSB;

(iv) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the EDWOSB contract; and

(v) Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB contract performed by the joint venture.

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FirstSource II - Request For Proposals Chapter C – Contract Terms and Conditions RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-1 – Amendment 00002 – February 17, 2012

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements– Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168995� https://www.acquisition.gov/far/current/html/FARTOCP25.html#wp225048� https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038�

RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-2 – Amendment 00002 – February 17, 2012 products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin [List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin [List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

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RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-3 – Amendment 00002 – February 17, 2012

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin [List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

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

(2) o Have, o 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 Federal, state or local government 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;

(3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) o Have, o 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

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RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-4 – Amendment 00002 – February 17, 2012

(A) 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.

(B) 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.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§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.

(B) 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. §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.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this https://www.acquisition.gov/far/current/html/Subpart%2022_15.html#wp1088086�

RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-5 – Amendment 00002 – February 17, 2012 contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) o Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror o does o does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that—

(i) The services under the contract are offered and sold regularly to non- Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract;

and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and https://www.acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165� https://www.acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165� https://www.acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165� https://www.acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165� https://www.acquisition.gov/far/current/html/Subpart%2022_10.html#wp1105165�

RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-6 – Amendment 00002 – February 17, 2012

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

o TIN: ________________________________.

o TIN has been applied for.

o TIN is not required because:

o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

o Offeror is an agency or instrumentality of a foreign government;

o Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

o Government entity (Federal, State, or local);

o Foreign government;

o International organization per 26 CFR 1.6049-4;

o Other ________________________________.

(5) Common parent.

o Offeror is not owned or controlled by a common parent;

o Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.

(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874.

(2) Representation. By submission of its offer, the offeror represents that—

(i) It is not an inverted domestic corporation; and http://uscode.house.gov/� http://uscode.house.gov/� http://uscode.house.gov/� http://uscode.house.gov/� http://uscode.house.gov/� https://www.acquisition.gov/far/current/html/Subpart%204_9.html#wp1091081� http://uscode.house.gov/�

RFP No. HSHQDC-12-R-00005 Part 4 – Offeror Representations and Certifications – Commercial Items

61a-7 – Amendment 00002 – February 17, 2012

(ii) It is not a subsidiary of an inverted domestic corporation.

(o) Sanctioned activities relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(End of Chapter C Part 4) https://www.acquisition.gov/far/current/html/CISADA106@state.gov� https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194�

FirstSource II - Request For Proposals Chapter E – Solicitation Provisions RFP No. HSHQDC-12-R-00005 Part 2 – Addendum to Instructions to Offerors – Commercial Items

69b – Amendment 00002 – February 17, 2012

E.2.6 Submission of Offers

(a) The Offeror shall submit the required volumes via the FirstSource II Proposal Submittal website (https://bids.acqcenter.com/FirstSourceII) as outlined in E.2.10.

(b) Electronic proposals are due February 29, 2012 at 10:00 am, local time. Proposals received after such time and date are subject to FAR 52.212-1 Instructions to Offerors – Commercial Items. No deliveries will be accepted at any other DHS location, and hand-delivered proposals will not be accepted in any location. The electronic copy of the proposal will constitute the official copy for timely receipt. The deadline for the submission of electronic proposals is firm.

As the closing date and time draws near, heavy traffic on the web server may cause delays.

Offerors are strongly encouraged to plan ahead and leave ample time to prepare and submit their proposal. Offerors bear the risk of web site in accessibility due to heavy usage, which may occur during the final days/hours before the solicitation closing time.

(c) The Government is not liable for any costs incurred by the Offerors in submitting proposals for this solicitation.

E.2.7 Non-Government Personnel Support Offerors are hereby notified that the Government intends to have a Contractor provide support during this acquisition. The company/organization may have access to some or all of the information contained in the Offeror’s proposal, and will be subject to the appropriate conflict of interests and standards of conduct. The company/organization is also required to comply with strict confidentiality restriction and all contractor personnel working on this acquisition will execute Non-Disclosure Agreements. XL, Inc. is the Contractor currently providing acquisition support to the Office of Procurement Operations for this procurement. Other Contractors may provide support to OPO during this procurement.

E.2.8 Small Business Classification Code For purposes of this solicitation and any resultant contract, North American Industry Classification System (NAICS) code 541519, Footnote #18 (Information Technology Value- Added Reseller), with a size standard of one hundred and fifty (150) employees applies. For reference, the five (5) socio-economic categories, the portion of the FAR which governs that category, and the requirements for certification are listed in the table below:

https://bids.acqcenter.com/FirstSourceII�

71b – Amendment 00002 – February 17, 2012 formatting of the proposal appears to be due from a lack of diligence or competence of the Offeror.

(3) The instructions provided have been specifically tailored to the evaluation factors to be applied during proposal evaluation. They are designed to ensure the submission of information essential to the understanding and comprehensive validation and evaluation of proposals. Clarity and completeness are of utmost importance to the proposal. The relevance and conciseness of the proposal is important. Key points should be easily found, or may be presumed to be lacking. The Offeror should maintain careful organization and adherence to the titling instructions throughout the proposal. Complex or costly presentations are neither required nor desired.

(4) The Offeror is responsible for the accuracy and completeness of its proposal. The proposal shall be valid for one hundred and eighty (180) calendar days from the proposal due date.

(5) DHS intends to award multiple IDIQ contracts will allow for DOs to be placed on a FFP or FFP/T&M basis. Incentive DOs will also be permitted. Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts in each of the five (5) socio-economic categories to provide DHS with competition throughout the life of the contracts. DOs will be competed based on fair opportunity procedures.

E.2.10 Proposal Format and Submission

(a) General Instructions

The Government will be utilizing a web-based portal (https://bids.acqcenter.com/FirstSourceII) for the submission of all offer Tabs and Volumes, with the exception of the submission of Past Performance Questionnaires (PPQs). PPQs will be submitted directly to the Government by the references completing the PPQ, via the FirstSourceII@dhs.gov e-mail address.

The website provides detailed instructions for how offers should be provided, and will require all documents to be uploaded to the website before allowing for submittal of an offer.

There is no requirement for hard copy proposals, and the Government will neither open nor evaluated any hard copy proposals that may be submitted.

The Offeror shall submit one (1) electronic copy of its proposal, which shall include Volume I – Technical/Management (including the Executive Summary), Volume II – Price, and Volume III

– Proposal Information and Socio-Economic Information. Pages that exceed the maximum page limitations will not be evaluated.

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72b – Amendment 00002 – February 17, 2012

In the case where an Offeror is submitting to more than one (1) socio-economic category and Tabs B, C, D, and E are identical, multiple Tabs F and G shall be provided via the proposal submittal website. For instance, if an Offeror is submitting to three (3) different socio-economic categories (but has the same Tabs B, C, D and E in all socio-economic categories), three (3) Tab Fs and three (3) Tab Gs shall be provided via the proposal submittal website. If an Offeror is submitting to more than one (1) socio-economic category and has Tabs B, C, D, and E that are different in each socio-economic category, the Offeror shall make separate electronic copy proposal submissions by creating another username and password via the proposal submittal website. For instance, if an Offeror is submitting to three (3) different socio-economic categories, and has different examples of Corporate Experience/Past Performance, Ability to Achieve Results, and/or Sample Delivery Order Pricing, three (3) different electronic proposals shall be submitted.

Each file shall be submitted in a format readable by Microsoft Office 2003. It is the sole responsibility of the Offeror to ensure that the electronic media submitted is virus-free and can be opened and read by the Government. If the electronic media cannot be opened and read by the Government, the Offeror shall have four (4) business hours after notification of the same, to correct the deficiency. The Contracting Officer, at his sole discretion, may elect to provide an extension to this period on a case-by-case basis. After that time, if the electronic media cannot be opened and read by the Government, the offer may be considered non-responsive and that may render the Offeror ineligible for any award. The decision of whether or not to consider the Offeror’s proposal for award will be made at the sole discretion of the Contracting Officer. The deadline for submission of the electronic copy of the proposal is firm.