SB1335-14-RP-0026.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 21 SB1335-14-RP-0026

The contractor shall provide a proposal in accordance with the attached statement of work (SOW).

0001 Base Year: Labor hours to support spectrum management and engineering functions at NTIA/OSM

PR NUMBER: NT000000-14-00026

DELIVERY DATE: 05/01/2014

SHIP TO:

US DEPARTMENT OF COMMERCE

NTIA ROOM 4886

WASHINGTON DC 20230

FOB :

Period of Performance: 05/01/2014 to 04/30/2015

270.00 HR

OPT

0002 Option Year 1: Labor hours to support spectrum management and engineering functions at NTIA/OSM

PR NUMBER: NT000000-14-00026

DELIVERY DATE: 05/01/2015

SHIP TO:

US DEPARTMENT OF COMMERCE

NTIA ROOM 4886

WASHINGTON DC 20230

FOB :

Period of Performance: 05/01/2015 to 04/30/2016

270.00 HR

OPT

0003 Option Year 2: Labor hours to support spectum management and engineering functions at NTIA/OSM.

PR NUMBER: NT000000-14-00026

DELIVERY DATE: 05/01/2016

SHIP TO:

US DEPARTMENT OF COMMERCE

NTIA ROOM 4886

WASHINGTON DC 20230

FOB :

Period of Performance: 05/01/2016 to 04/30/2017

270.00 HR

Table of Contents

PAGE 4 OF 21 SB1335-14-RP-0026

SECTION

. 1 SOW

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)

. 3 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

. 4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (SEPT 2013)

. 5 1352.201-72 CONTRACTING OFFICER?s REPRESENTATIVE (C0R) (APR 2010)

. 6 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 7 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

PAGE 5 OF 21 SB1335-14-RP-0026

SECTION

. 1 SOW

Statement of Work

Professional Engineering Services for the Office of Spectrum Management (OSM) of the

National Telecommunications and Information Administration (NTIA)

PAGE 6 OF 21 SB1335-14-RP-0026

1.0 Background

NTIA is an Executive Branch agency within the Department of Commerce, and is responsible for management of the Federal use of the radio frequency spectrum. As such, NTIA is the President's principal adviser on domestic and international telecommunications policies.

The NTIA Office of Spectrum Management (OSM) provides technical and analytical engineering support for the effective and timely development of national and international spectrum management policies. OSM in coordination with the Office of Engineering Technology

(OET) of the Federal Communications Commission (FCC) develops technical operating rules for new technologies needing access to the spectrum. The operating rules developed for new spectrum-based technologies must protect incumbent and future federal radio communications systems.

A contractor is required to support spectrum engineering and management functions at

NTIA. The Contractor is required to assist with spectrum engineering programs and activities arising from two Presidential Memoranda dated June 28, 2010 and June 14, 2013. The

Memoranda directed NTIA and the FCC to collaboratively make 500 MHz of spectrum available for wireless broadband use within the next 10 years.

NTIA must relocate exiting spectrum users to frequency bands with different types of radiocommunication services and implement many technical and complex tasks to meet the goals of the 500 MHz initiative. A spectrum inventory must be completed to identify potential spectrum, and at the same time, critical safety of life systems and public safety systems must not be impacted and protected from undesired interference in the spectrum.

Given the scarcity of spectrum and the performance requirements for some essential systems, many spectrum engineering and management challenges are anticipated. Spectrum users will be packed into certain frequency bands, and as more systems with different characteristics are operating so close to one another, the risk of more interference will also increase. Therefore, careful planning and complex spectrum engineering procedures will be critical to make the 500 MHz available and meet the objectives of the two memoranda.

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In addition to technical support for the tasks associated with the 500 MHz initiative, the

Contractor is to provide support for ongoing NTIA programs. NTIA evaluates the impact of new technologies on incumbent federal systems on a regular basis. The engineering services are also required for other ongoing NTIA programs including the Test Bed, Best Practices Handbook, and GPS protection issues.

2.0 Scope

The objective of this acquisition is to obtain engineering services to support federal spectrum engineering and management activities at NTIA. Contracting is required to provide expert engineering support to implement the tasks that are anticipated with finding 500 MHz of spectrum for wireless broadband services and other NTIA spectrum management legacy programs.

The engineering services are required to support spectrum sharing studies, frequency band assessments, field measurements and development of spectrum relocation processes. The

Contractor is to provide engineering support for: the development of federal rules and policies for spectrum sharing, testing to evaluate spectrum occupancy, spectrum pilot programs to determine compatibility between systems and development of performance criteria for radio transmitter and receivers.

The Contractor is required to support NTIA in multiple inter-agency Working Groups programs providing sound technical analysis, recommendations and resolutions. The Contractor must have expertise in the field of federal spectrum engineering management.

3.0 Applicable Documents

The 500 MHz initiative and other spectrum management programs discussed in this document can be traced to the two Presidential Memoranda and an earlier NTIA Report to the

White House. Links to these documents can be found below.

PAGE 8 OF 21 SB1335-14-RP-0026

1) http://www.whitehouse.gov/the-press-office/2013/06/14/presidential-memorandum-expanding-americas-leadership-wireless-innovatio

2) http://www.whitehouse.gov/the-press-office/presidential-memorandum-unleashing-wireless-broadband-revolution

3) http://www.ntia.doc.gov/osmhome/reports/ImplementationPlan2006.htm

4.0 Performance Requirements

4.1 500 MHz Initiative

4.1.1 The Contractor shall support the development of a spectrum inventory to identify potential frequency bands to accommodate wireless broadband systems. Contractor shall review spectrum inventory documents and provide technical assistance with all system technical characteristics and operations.

4.1.2 The Contractor shall support development of procedures for measuring spectrum efficiency. Contractor shall provide recommendations for appropriate metrics and technical methods of evaluating efficiency in the spectrum.

4.1.3 The Contractor shall support testing measurements programs to assess EMC between incumbent federal systems and potential wireless broadband systems. Contractor shall review and analyze test plans, procedures and preliminary test reports.

4.1.4 The Contractor shall support efforts to improve radio receiver performance requirements and standards in the spectrum. Contractor shall review receiver performance documents and implement test and measurement programs to evaluate qualified spectrum-based technologies.

4.1.5 The Contractor shall provide technical support to inter-agency working groups established to coordinate the tasks associated with the 500 MHz initiative.

PAGE 9 OF 21 SB1335-14-RP-0026

4.1.6 The Contractor shall provide engineering support for all reporting documents related to the 500 MHz initiative. Contractor shall participate with drafting the required preliminary and final reports.

4.2 Test Bed

4.2.1 The Contractor shall provide technical support for all phases of the Test Bed program.

Contactor shall develop tests and measurements for qualified spectrum-based technologies approved to participate in the Test Bed program.

4.2.2 The Contractor shall participate in discussions with the Institute of Telecommunications

Sciences (ITS) in Boulder, Colorado to implement test plans, procedures, instrumentation and data collection for Test Bed devices.

4.2.3 The Contractor shall review all Test Bed measured data for technical consistency, participate in drafting the test reports and assess the potential for interference with incumbent federal users of the spectrum.

4.2.4 The Contractor shall provide engineering support for all Test Bed reporting documents.

Contractor shall participate with drafting preliminary test reports for all phases of the

Test Bed.

4.3 GPS Spectrum Issues

4.3.1 The Contractor shall provide technical guidance to safeguard the integrity of the GPS spectrum. Contractor shall develop and implement the Department of Commerce GPS

Spectrum protection plan, and also shall review and evaluate GPS technical studies and measurement data.

4.3.2 The Contractor shall support GPS measurement programs established to measure the impact of a broad range of federal and commercial systems to the GPS spectrum.

Contractor shall provide technical analysis to develop domestic and international policies to protect current and future GPS operations as called for in Commerce GPS Spectrum protection plan.

PAGE 10 OF 21 SB1335-14-RP-0026

4.3.3 The Contractor shall develop GPS test plans, procedures, and metrics necessary to implement any NTIA sponsored measurements. GPS test and analysis results shall be reviewed for ambiguities in the data or for consistencies with previously accepted technical factors.

4.3.4 The Contractor shall evaluate GPS test plans and procedures submitted to NTIA and provide comments in a timely fashion prior to the tests. Contractor shall provide assistance with the test evaluation process to determine critical findings, conclusions and recommendations.

4.3.5 The Contractor shall review draft and final GPS test reports and provide technical comments as necessary. Contractor shall review GPS reports from the federal agencies and private sector entities.

4.4 Best Practices Handbook

4.4.1 The Contractor shall support the development of the Best Practices Handbook (BPH).

Contractor shall provide guidance to develop several areas technical documents for the

BPH. BPH subject areas include antenna modeling, radio propagation, building attenuation and EMC scenarios.

4.4.2 The Contractor shall review draft reports of the BHP and provide technical comments, edits and recommendations when requested.

4.4.3 The Contractor shall participate in the review of all BPH draft reports. Contractor shall participate with drafting required preliminary and final reports.

4.4.4 The Contractor shall review technical studies and measurement reports submitted by national and international study groups.

4.4.5 The Contractor shall review draft studies and presentations developed for national and international meetings.

PAGE 11 OF 21 SB1335-14-RP-0026

5.0 Deliverables

The Contractor shall submit a Monthly Status Report summarizing his efforts on the contract. Contractor shall also submit EMC and other technical studies as necessary and an Annual Final Report to OSM/NTIA summarizing all major technical accomplishments, critical findings and recommendations provided under the contract.

The deliverables of the contract are summarized in Table 1.

Table 1. Contract Deliverables Deliverables Due Date Deliver To

Monthly Status Report

Monthly (5th calendar day). COR and Contracting Officer

(CO)

EMC/Technical Studies/Analysis

3 to 6 months after an NTIA request.

COR

Annual Final Report 15 days prior to end of Contract

COR

5.1 The Contractor shall deliver all reports to the COR in electronic form.

5.2 All reports shall be developed with Microsoft compatible software or Adobe Acrobat format as necessary.

5.3 The COR will specify the required software to maintain interoperability.

6.0 Performance Requirements Summary

6.1 The Contract shall be monitored and evaluated on a continuous basis to maintain very high standards of performance at all times. The performance objectives and minimum standards are summarized in Table 2.

Table 2. PERFORMANCE REQUIREMENTS SUMMARY Task Performance Objective Performance Threshold 4.1.1 Review band assessment/spectrum inventory documents.

To identify potential spectrum for broadband wireless users without undue burden to incumbent federal systems.

Frequency bands are reviewed within a specified period (2-3 months) and available spectrum is proposed.

4.1.2 Support Spectrum efficiency studies.

To evaluate methods for utilizing spectrum more efficiently and to create potential available spectrum for new users.

Spectrum efficiency studies are technically sound and meet generally accepted of NTIA/OSM studies

PAGE 12 OF 21 SB1335-14-RP-0026

4.1.3 Support EMC measurements for 500 MHz initiative.

To determine the radio frequency characteristics of systems in the spectrum and evaluate potential interference.

EMC studies shall have sound technical merit and should be based on NTIA EMC analyses practices, and achieve the goal of protecting federal systems

4.2.1 Support Test Bed Measurements.

To plan, execute and review measurements of Test Bed radios submitted by different entities (federal agencies or private sector organizations) and evaluate the compatibility of the Test Bed radios with existing federal systems in the spectrum.

The evaluations including recommendations of the analysis in the EMC studies shall be documented and shall have appropriate references and completed within the established timeframe.

4.2.2 Support Test Bed meetings with ITS.

To provide critical engineering inputs at Test Bed planning meetings with NTIA ITS and discuss technical proposals, and resolve conflicts arising from the meetings.

The evaluation of measurement reports shall be documented and completed within the established timeframe.

4.2.4/4.3.1/4.3.2/4.3.5/4.4.3 Review draft studies, test and measurement reports.

To conduct review of all draft test and measurement reports from NTIA ITS, federal agencies, private companies and international groups on or before the specified deadline. Review is to provide technical comments and recommendations to NTIA/OSM for resolving conflicts and setting policies.

Technical comments provided are sound and have merit.

Review is completed within the established timeframes set by OSM/NITA.

4.3.1/4.3.2 Review GPS studies and measurements.

To provide a technical review of GPS studies and measurements with comments and recommendations to NTIA on or before a specified deadline.

The review or development of the technical reports shall be completed within the established timeframes for rulemaking.

7.0 Contractor Personnel

The Contractor shall have the qualifications and work experience commensurate with the performance requirements outlined in Section 4.

8.0 Government Furnished Resources

The Government will supply all necessary access and background information to perform under this contract. For example, personnel identification badges for access to the

Herbert C. Hoover Building (HCHB) of DOC.

PAGE 13 OF 21 SB1335-14-RP-0026

9.0 CONFIDENTIALITY AND RESTRICTIONS AGAINST DISCLOSURE

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer (CO).

The contractor agrees to assume responsibility for protecting the confidentiality of

Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the

Government, except to authorize Government personnel or upon written approval of the

CO. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort.

Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

10.0 Contract Administration

The contractor shall deliver a monthly status report, broken down by task, showing such information as expended labor costs, and funds remaining, and summarizing progress to date and deliverables. The monthly status report shall be reviewed by NTIA’s COR for

PAGE 14 OF 21 SB1335-14-RP-0026

the following: 1) all objectives are met, 2) any technical issues and possible resolutions,

3) completed and outstanding work, 4) notable achievements, and 5) plans for the following month.

The monthly report shall also be reviewed for financial information about the contract.

The final report will be used to evaluate the overall performance of the Contractor during a 12 month performance period.

11.0 Travel

Travel is not required.

12.0 Security Requirements

The contractor will not require access to classified information. All information and data pertaining to the contract shall be unclassified.

13.0 Place of Performance

The engineering services provided under this contract are to be performed at Contractor’s facility. Contractor may be required at the Government’s premises at NTIA located in the

Washington, DC metropolitan area on as needed basis.

14.0 Period of Performance

The period of performance shall be from the effective date of the contract through twelve months after award. This effort shall also include two 12 month option periods.

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)

(a) "North American Industry Classification System (NAICS) code and small business size standard."

The NAICS code and small business size standard for this acquisition appear in Block 10 of the

PAGE 15 OF 21 SB1335-14-RP-0026

solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

(2)

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

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

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

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

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

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

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

PAGE 16 OF 21 SB1335-14-RP-0026

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

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

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

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

(i) "Availability of requirements documents cited in the solicitation."

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 East L''Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

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

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

(i) ASSIST (http://assist.daps.dla.mil).

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

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

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

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

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

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

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

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

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the

PAGE 17 OF 21 SB1335-14-RP-0026

next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of Provision)

. 3 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The Government will evaluate offers based on the Lowest-Priced Technically Acceptable (LPTA) methodology. Technical Acceptability will be based on whether the proposal meets the government's need in accordance with the requirements specified in the statement of work (SOW).

Technical and past performance, when combined, are less important than 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)

. 4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (SEPT 2013)

(a) "Inspection/Acceptance." The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) "Assignment." The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) "Changes." Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

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(d) "Disputes." This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) "Definitions." The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) "Excusable delays." The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) "Invoice."

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) "Patent indemnity." The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) "Payment."--

(1) "Items accepted." Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) "Prompt payment." The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) "Electronic Funds Transfer (EFT)." If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) "Discount." In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) "Overpayments." If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.

The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) "Risk of loss." Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) "Taxes." The contract price includes all applicable Federal, State, and local taxes and duties.

(l) "Termination for the Government`s convenience." The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor`s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) "Termination for cause." The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepte d, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) "Title." Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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(o) "Warranty." The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) "Limitation of liability." Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) "Other compliances." The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) "Compliance with laws unique to Government contracts." The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) "Order of precedence." Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) "System for Award Management (SAM)."

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government`s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day`s written notification of its intention to

(A) change the name in the SAM database;

(B) comply with the requirements of Subpart 42.12; and

(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the…