RFQ - W912DY20Q0222 -RAMSTEIN HIGH SCHOOL.pdf

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE AA AL

TEL: 256-895-1110 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912DY20Q0222 31-Aug-2020 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

DIRECTORATE OF CONTRACTING - HNC

475 QUALITY DR

HUNTSVILLE AL 35816

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

29-Oct-2020(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

256-895-9385JAMES E ZIEGLER JR

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912DY20Q0222

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO QUOTERS

1. FURNITURE INSTALL INFORMATION:

A. Estimated award date is: 14 January 2021

B. Required install dates are as follows:

Building 950 Ramstein High School Install Start not earlier than:

Install Completion not later than:

18 June 2021 13 August 2021

Building 950 Ramstein High School Contractor Furniture Install Start Date (FISD):

(insert date, not After Receipt of Order)

Contractor Furniture Install Completion Date (FICD):

(insert date, not After Receipt of Order)

C. Specific install instructions are contained in the Statement of Work (SOW), Attachment # 3.

2. SHIPPING/STORAGE INFORMATION

A. The Contractor shall ship goods on an FOB Destination basis.

B. Contractors shall quote six month’s storage cost in the SF-1449 form on each of the two storage CLINs to be considered eligible for award. If a storage fee is not included in pricing, the Contractor’s quote may be considered a non-conforming response to the solicitation. A quote for six months of storage is required for when the need for storage is identified prior to leaving the Continental United States (CONUS), and a quote for storage is required for when the need for storage is identified after items have departed CONUS. These two options for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage. Storage needed for partial shipments will be prorated by the price of the items stored relative to the total price of all of the items ordered. Storage will only be funded by modification and at the discretion of the Contracting Officer. Storage will be a firm fixed price amount.

Contractors shall take into account all costs necessary to store furnishings secure from theft, damage, and weather elements in case of any contingency en-route to installation.

If storage is required in excess of 6 months, a new amount will be negotiated. If the storage cost is incurred, fast payment procedures may be implemented in accordance with FAR 52.213-1. If storage is required, payment may be approved for 85% of the total supplies only. Installation and the remaining 15% of supplies will be approved for payment once all responsibilities have been completed as set forth in the contract.

Contractors shall coordinate delivery and installation with Government Technical Representative (TR) shown in the SOW, and save records of these communications with the goal of successful delivery and installation. This requirement for coordination includes, but is not limited to, communicating with the Government TR prior to shipping items in order to prevent unnecessarily expensive storage costs.

C. The Contractor shall provide a Certification of Conformance for any order that will be stored in a warehouse for which the Contractor desires partial payment in advance of installation of the furnishings. FAR 52.246-15 addresses how to complete a certificate of conformance, and can be found in Attachment # 4, “Order Clauses.”

D. Destination/Ship to Address and Transportation Information: See Table 1 in SOW, Attachment # 3.

3. INSPECTION AND ACCEPTANCE

Inspection and Acceptance must be by the Government TR. See Table 1 in SOW, Attachment # 3.

4. LIST OF ATTACHMENTS

ATTACHMENT # 1 – LINE ITEM PRICING (Bldg 950) 1 page ATTACHMENT # 2 – FURNITURE ITEM DESCRIPTIONS (FID) 36 pages ATTACHMENT # 3 – STATEMENT OF WORK (Installation) 12 pages ATTACHMENT # 4 – CONTRACTOR PERFORMANCE EVALUATION 2 pages ATTACHMENT # 5 – ACCIDENT PREVENTION PLAN 7 pages ATTACHMENT # 6 – ORDER COMPLETION STATEMENT 1 page ATTACHMENT # 7 – TECHNICAL DOCUMENTS CHECKLIST 6 pages

5. CONTRACTING OFFICER’S INSTRUCTIONS AFTER AWARD

A. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

B. The Contractor shall be responsible to coordinate the installation of its items with the site Technical Representative at least 30 days before the installation start date. At this time any special security/install instructions will be provided by the Government to that Contractor. The Contractor shall refer to the Statement of Work (Attachment #3) for additional installation instructions. If additional days for installation are needed, a justification should be provided at the time of quote for approval by the Contracting Officer.

C. Security issues (e.g. getting on and off post), logistical discussions of the installation process shall be coordinated with the Furniture Management Officer (FMO).

D. If a subcontracted GSA item is found to be unavailable after award, and Government acceptance of a substituted item is requested, the Contractor shall submit to the Contracting Officer copies of the GSA contract terms and conditions along with the technical data sheets for the proposed substitute item.

E. Safety Plans. The Contractor shall be responsible for submitting a completed safety plan within one month after contract award, or where expedited installation is required NLT 10 days before installation. NO installation will be permitted without an approved safety plan. The Contractor shall not begin installing items until a safety plan has been submitted to and approved by the Government. All safety plans shall be emailed to:

furnishinginvoices@usace.army.mil

F. The Contractor shall comply with all laws, rules and regulations of the installation, including but not limited to, the following: No weapons of any kind are to be carried by any person or transported in any vehicle entering an Army installation. Truck drivers carrying any kind of weapon will be denied access to the Army installation.

G. If requested by the Contracting Officer, the Contractor shall provide reports for quoted items.

6. INVOICES

A. Partial order invoices will not be accepted. Invoices may be submitted for one building of a multi-building delivery order only with the approval of the Contracting Officer, following the complete installation of the one building by the Contractor and acceptance by the Government.

B. All invoices shall be emailed to the following email address for processing:

FurnishingInvoices@usace.army.mil

C. The Contractor shall return a signed Attachment # 7, Order Completion Statement, with its final invoice. Invoices shall not exceed the contract amount. A final invoice submitted without a signed Order Completion Statement will be rejected.

7. INSTRUCTIONS TO CONTRACTORS

A. The Contractor shall provide pricing for all items listed in the RFQ for the quote to be accepted by the Government.

B. The Contractor shall complete the furniture installation schedule under FURNITURE INSTALL INFORMATION and include in the quote submission.

C. All quoted items shall meet the specifications defined in the Furniture Item Description (FID), Attachment # 2.

D. Contractors shall provide name brand and model numbers for all quoted items, including pass-thru items and those manufactured by the Contractor.

E. Technical Data Sheets Required. The Contractor shall provide current and complete cut sheets for all items specified in the FID, unless otherwise specified. All salient features of items specified in the FID must be addressed on the cut sheets. When the Contractor provides more than one cut sheet for an item specified in the FID, the cut sheets and supporting documentation shall be highlighted or contain other markings that bring immediate attention to information, and enables the Government to remove all doubt whether a contractor has or has not met the specifications shown in Attachment #2. The burden of providing information, which shall be organized and sequential according to the FID, is the responsibility of the Contractor. The Government will not be held responsible for contractor information that is not organized and sequential according to Attachments # 1 & 2, or not highlighted (if within a larger document and used as proof), which prevents conclusive comparisons between the Contractor’s quoted items and the requirements during technical review.

F. Electronic Price Quote is Required. Attachment #1, “Line Item Pricing,” will be provided in an Excel spreadsheet format by the Government. The Contractor shall submit the completed Attachment #1 in Excel format to the Government by the deadline for submission of quotes set forth in this RFQ.

G. Attachment # 7, “Technical Documents Checklist,” will be provided in Word format by the Government. The Contractor shall submit a completed Attachment # 7 in Word format to the Government by the deadline for submission of quotes set forth in this RFQ.

H. Product samples are not acceptable for this RFQ, unless otherwise directed by the Contracting Officer.

I. Multiple quotes are not acceptable for this RFQ. If multiple quotes are received, only one quote (as determined by the Contracting Officer) will be evaluated by the Government.

J. The Contractor shall list any specific special features, warranty, and environmental and energy efficiency features applicable to its quoted products.

K. The Contractor shall be bound by the monthly storage fee quoted for an option for a maximum period of six months that may be unilaterally exercised by the Contracting Officer in one-month increments. If a storage fee is not included in the Contractor’s quote, the Contractor’s quote may be considered a non-conforming response to the solicitation.

L. When drawings are included as attachments, they are for visualization purposes only. The FID takes precedence over drawings unless otherwise stated. Site conditions may not align with drawings. Post-award site verifications are the responsibility of the Contractor.

M. Contractors shall submit the following with its quotation:

Company Name:

Cage Code:

Taxpayer Identification Number:

Duns Number:

POC Name:

Email Address:

Phone Number:

Mailing address

N. The Contractor shall be actively registered in the System for Award Management (SAM) with no exclusions.

8. SUBMISSION, MODIFICATION AND REVISION OF QUOTES

A. Contracting documents (SF1449, SF30, Attachment # 1 in Excel format, Attachment # 7 in Word format) and technical documents (cut sheets and other supporting documents demonstrating quoted items meet the FID requirements) together create the quote. The terms, “quote,” “RFQ response,” and “response” have the same meaning in this section.

B. Quotes shall be submitted by the contractor to the Government in email, using as many emails as required to deliver a complete quote. When multiple emails are used to deliver a complete quote, contractors shall state their number to the Government.

Currently, Huntsville Center supports up to 10MB of content per email.

C. It is recommended that contractors use AMRDEC SAFE, a File Transfer Protocol (FTP) site located at https://safe.amrdec.army.mil/SAFE/ as a backup method of submitting their quotes. If an FTP site is used, the contractor shall inform the Contract Specialist in email no later than the due date and time for quotes, as well as provide a functioning link, username, and password.

D. The Government must have in its possession the contractor’s entire quote by the RFQ due date and time.

E. Contractors shall return to the Government in the same Word version format received, their responses to the Government’s requests for clarification.

F. Contractors shall not merge into a single PDF document both the technical documents (cut sheets and other supporting documents demonstrating quoted items meet the FID requirements) and the contracting documents (SF18, SF30, Attachment #1 in Excel format, Attachment # 7 in Word format).

G. Contractors shall not intentionally quote items that do not meet the specifications of the primary requirements. The primary requirements for Administrative Office Furniture (Admin) are defined as office furniture systems and, if included in the FID, wood casegoods. The Government’s intent is to receive timely quotes that are organized, complete and technically acceptable, with no need or a minimal need for clarifications.

Quotes that do not meet the specifications of the primary requirements (documented during technical review) may receive no further consideration for award.

9. NON-CONFORMING RESPONSES

The Government is not required to accept non-conforming responses. Non-conforming responses may not receive a technical evaluation, and may not receive consideration for award. The following types of responses are considered non-conforming:

A. A Contractor’s quote that does not meet the specifications of the primary requirements.

B. A Contractor’s submittal of technical documents (cut sheets and other supporting documents demonstrating quoted items meet the FID requirements) and contracting documents (SF18, SF30, Attachment # 1 in Excel, and Attachment # 7 in Word) merged into a single PDF document.

C. A Contractor’s submittal of technical documents that is incomplete or is not organized and sequential according to the FID preventing a conclusive comparison between the Contractor’s quote and the Government’s requirement.

D. A Contractor’s failure to respond to the Government’s request for clarifications in the same Word format received, in order for the Government to be able to continue to record communications with the contractor on the same form.

E. A Contractor’s submittal of electronic documents whose file names do not reflect their general content, which do not enable the reader to locate information without opening documents repeatedly to be reminded of their contents, and which harm the Government’s ability to perform technical review or other examination.

10. LATE RESPONSES / NON-RESPONSIVENESS

Late responses are in all cases contractor responses that are not in the Government’s possession by the stated due date and time.

11. AMENDMENTS

The Government may amend the RFQ for reasons that include extending the due date for submission of quotes, construction delays of buildings to be furnished, changing market conditions or Government requirements, or for other reasons that clarify the needs of the Government.

12. QUESTIONS

A. All questions shall be submitted to the Contract Specialist no later than 19 October 2020 to james.e.ziegler@usace.army.mil All answers to question's received will be posted and made available to all interested parties via an RFQ amendment. The Contracting Officer will not address any questions received following expiration of the aforementioned time in this paragraph. When the term “hour” is used to describe the time period for questions, then it means sequential hours without interruption (24 hours = 1 calendar day), unless otherwise specified.

B. Notifications to the Government from contractors regarding limited- or non-available items, or potential errors in the Government’s specifications are welcomed.

C. A contractor’s request to change the Government’s requirement before quotes are due may not be addressed because it does not clarify the requirement for all potential quoters, and if accepted would change the requirement.

13. DOWN-SELECT PROCESS

A. It is the Government’s intent to select a target of three (3) quotes for a complete technical evaluation to determine whether the quoted products comply with the FID.

The Contracting Officer has discretion to include more or less than three (3) quotes in the down-select. The down-select will be based on price, receipt of completed Attachment # 7 - Technical Documents Checklist and the contractor’s confirmation of their ability to meet the Government’s Furniture Installation Start and Completion Dates.

B. At any time following the down-select, the Government may, at the discretion of the Contracting Officer, engage in exchanges with one or more of the contractors whose quotes were down-selected, or consider additional quotes for evaluation.

14. EVALUATION CRITERIA

A. Technical Evaluation – Technical will be rated “Acceptable” if all line items meet the specifications shown in the Attachment #2 Furniture Item Description (FID).

B. Schedule – Schedule will be rated “Acceptable” if the contractor install dates are within the dates shown below.

Building 950 Ramstein High School Install Start not earlier than:

Install Completion not later than:

18 June 2021 13 August 2021

C. Past Performance – Past Performance will be rated “Acceptable” or “Unacceptable.”

The Government will use any available information to evaluate past performance.

D. Price – Evaluated price will be the contractor’s total quoted price, which includes all supplies, services, shipping, storage and optional items.

E. The Government may, at the discretion of the Contracting Officer, engage in exchanges with contractors. However, the Government reserves the right to make award without further exchanges.

15. SELECTION OF QUOTES FOR AWARD

The successful Contractor will be the one whose quote is rated acceptable on technical, schedule and past performance, and provides the best value to the Government. Best value will be determined by the quote that is technically acceptable and has the lowest total evaluated price.

CLAUSES INCORPORATED BY REFERENCE

52.203-14 Display of Hotline Poster(s) JUN 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

DEC 2019

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-14 Limitations On Subcontracting MAR 2020 52.225-6 Trade Agreements Certificate MAY 2014 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Jun 2020) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17

52.203-18

Contractor Employee Whistleblower Rights and Requirement JUN 2020 To Inform Employees of Whistleblower Rights Prohibition on Contracting With Entities That Require CertainJAN 2017 Internal Confidentiality Agreements or Statements-- Representation

52.203-19

52.204-4

52.204-7 52.204-10

52.204-13 52.204-16 52.204-18 52.204-19

52.209-6

52.209-10

52.212-1 52.212-1 (Dev)

52.212-4 52.213-1 52.217-4

52.217-5 52.219-8 52.219-28 52.222-21 52.222-26 52.222-37 52.222-40

52.222-50

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Printed or Copied Double-Sided on Postconsumer Fiber Content Paper System for Award Management Reporting Executive Compensation and First-Tier Subcontract Awards System for Award Management Maintenance Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications.

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting With Inverted Domestic Corporations Instructions to Offerors--Commercial Items Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018) Contract Terms and Conditions--Commercial Items Fast Payment Procedure Evaluation Of Options Exercised At The Time Of Contract Award Evaluation Of Options Utilization of Small Business Concerns Post-Award Small Business Program Rerepresentation Prohibition Of Segregated Facilities Equal Opportunity Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Combating Trafficking in Persons

JAN 2017

MAY 2011

OCT 2018

JUN 2020

OCT 2018

JUL 2016

JUL 2016

DEC 2014

JUN 2020

NOV 2015

JUN 2020

OCT 2018

OCT 2018

MAY 2006

JUN 1988

JUL 1990

OCT 2018

MAY 2020

APR 2015

SEP 2016

JUN 2020

DEC 2010

JAN 2019

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020

52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020 While Driving

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain JUN 2020

Activities or Transactions Relating to Iran-- Representation and Certifications.

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed- APR 2012

Price) 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016

Support 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019

The Government of a Country that is a State Sponsor of Terrorism

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014

Hazardous Materials 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors Preference DEC 2017 252.225-7012 For Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements--Basic SEP 2019 252.225-7036 Buy American--Free Trade Agreements--Balance of DEC 2017

Payments Program--Basic 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018

Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7022 Representation Of Extent Of Transportation By Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

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

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

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

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

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

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

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

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

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

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

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

head of a division or business segment; and similar positions).

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

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

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

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

(End of provision)

52.209-11 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)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Price;

(2) Past Performance;

(3) Technical capability of the item(s) offered to meet the Government requirement;

(4) Schedule

The successful contractor will be the one whose quote is rated acceptable on technical, schedule and past performance, and provides the best value to the Government. Best value will be determined by the quote that is technically acceptable and has the lowest total price.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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;

http://www.sam.gov/portal

(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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"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.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 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.

“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.

(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(s) applicable to the NAICS code(s) 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 (v) 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 will 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 [ ]…