RFQ_ _SOW.pdf

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

SINLEC15Q0094

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U.S. Department of State

Bureau of International Narcotics and Law Enforcement Affairs (INL)

INL / Tegucigalpa, Honduras

NACMIS (National Automated Case Management and Information System) Network Infrastructure

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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SECTION 1

SUBMISSION AND RFQ INFORMATION

I. INFORMATION TO QUOTER

Quoters are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked.

Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

II. QUESTIONS CONCERNING THE RFQ

All questions must be submitted in writing. DOS shall accept questions by e-mail. Written questions relating to this RFQ shall be accepted through 12:00 PM (local Washington D.C. time) on 20 AUGUST 2015. Any communications in reference to this RFQ shall cite the reference section title and page number, and be directed to the following designated Government Representative:

Name: Samantha Crippen Title: Contract Specialist E-mail: CrippenSM@state.gov

III. NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative via e-mail NLT 12:00 P.M.

(local Washington D.C. time) on 28 AUGUST 2015.

III. CONTRACTOR RELATIONSHIPS

DOS encourages the use of subcontractors. In addition, DOS requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

IV. MULTIPLE QUOTES/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple quotes offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

V. PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to mailto:CrippenSM@state.gov

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

- 3 -furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

VI. TYPE OF CONTRACT

This is a firm-fixed price, single award contract. Items outlined under SECTION 2, STATEMENT OF WORK, below shall be brand name or equal. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract.

Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

VII. EVALUATION FACTORS

The Government intends to award to a responsible quoter whose offer conforms to the requirements of the solicitation and is evaluated as being the most advantageous to the Government. The methodology used for the basis of award is Lowest Price Technically Acceptable (LPTA).

VIII. ACQUISITION METHOD

This requirement is being posted as a 100% total HUBZone Small Business Set-Aside. This requirement will be solicited on FedBizOpps. The North American Industry Classification System (NAICS) code for this requirement shall be 334111 - Electronic Computer Manufacturing.

FAR Part 12 Acquisition Commercial Items & FAR Part 13 Simplified Acquisition Methods, under Subpart 13.5 - Test Program for Certain Commercial Items.

IX. EFFECTIVE PERIOD OF CONTRACT

This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are received, inspected and installed at final destination INL/Honduras.

X. SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government the new products as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under Place of Delivery, of this contract. The firm fixed price shall include the products pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by the destination country.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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SECTION 2

STATEMENT OF WORK

I. PROGRAM BACKGROUND

The US Department of State’s (DOS) Bureau of International Narcotics and Law Enforcement Affairs (INL), has program authority derived from the Foreign Assistance Act of 1961. The International Narcotics and Law Enforcement Section (INL-H) of the US Embassy Tegucigalpa, Honduras, is responsible for providing assistance to host governments to develop and implement effective counter narcotics, anticrime, and border control programs. INL-H works closely with US law enforcement agencies to ensure that Honduras has the training and tools needed to combat illicit drug traffic and transnational organized crime. INL also works with various Government of Honduras (GOH) institutions including the Public Ministry, Secretariat of the Presidency, National Banking and Insurance Commission, the Secretariat of Security and its various specialized police units, Supreme Court of Justice, Ministry of Health, Ministry of Education, Honduran Immigration Department, and Honduran Customs.

The INL-H has a requirement for network hardware materials with components to be used for capacity enhancement of one data communications center on the Honduran territory. The network hardware materials with components shall be used to expand and facilitate NACMIS (National Access Case Management System) interactions via commercial access in order to support the Honduran National Police (HNP) day-to-day operations.

This Statement of Work (SOW) is for the purchase, installation, and maintenance of network hardware materials with components and the configuration of components and associated systems for providing reliable network data communication services. The vendor shall furnish, configure, install and maintain the proposed products and services in accordance with the conditions, requirements and specifications of this SOW.

II. PLACE OF PERFORMANCE

All products and trainings under this contract shall be delivered and performed in Honduras.

III. PERIOD OF PERFORMANCE

The vendor shall deliver all products and training within 60 calendar days after receipt of award, and provide operations and maintenance for two (2) one-year optional periods.

IV. SCOPE OF WORK

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a. Equipment Specifications (all items are brand name or equivalent) CLIN Qty Part Number Descriptions 001 80 3020SFF + Office Processor Intel® Core™ i3-4130 Processor (Dual

Core, 3MB Cache, 3.40 GHz, w/HD4400 Graphics), 4G (1x4GB) 1600MHz DDR3 Memory, 500GB 3.5inch SATA (7.200 RPM) Hard Drive 8X DVD+/-RW Drive, Windows 7 Professional, 64-bit Spanish (includes Windows 8.1 Pro 64-bit License, Dell 19 Monitor, E1914H, Microsoft® Office Home and Business 2013, English, Spanish 3 Year Limited Warranty plus 3 Year NBD On-Site Service

002 80 AVR750 UPS, model # AVR750, 750VA/400 Watts. 2 factory warranty 003 80 SA Windows Information Assurance Software, 2 years coverage

004 80 EPSONGT1500

ADF Scanner: Work-Force GT1500 with ADF. Scanning capacity: 40; 20 ppm*, black and white, 12 ppm color (letter size, 200 dpi, scanning priority; Gross 50 - 120g/m2; Maximum size 8.5" x 14"; minimum size 5.9" x 5.9"; one side scanning only. 1 year factory warranty.

005 1 Whalen 772473 Industrial Rack Whalen,4 levels, capacity 2000 lbs., 77"W X 24"D X 72" H.

006 2 INVAPSX6048VRNET Power inverter APSX6048VRNET, includes two phase transformer model

SU6000XFMR2U. 208/230V or CD of 48V; Permanent output installations of 208/230V, 50/60 Hz, Inverter output 6000 Watts, 9000 Watts in OverPower y 12000 Watts in Double Boost ▪ 3 phases battery charger, 23/90 amp, 2 year factory warranty.

007 2 SNMPWEBSOLO Energy Administration tool, uses SNMP or web browsing application. 2 year Factory warranty

008 2 SU6000XFMR2U 6kVA / 6kW – converts 208 to 240V a 120V ▪ 8 power receptacle 5-15/20R and 4 5-15R 120VAC supports 5-15P and 5-20P connections, 009 4 BATADDSU6000RT UPS RACK Tripplite type SU6000RT4U 010 24 16GB/1333Mhz_R720 Server Memory module 16Gb/1333Mhz for server Model R720 011 11 DD 1.2 TB SAS-DELL HD SAS 1.2TB/10Krpm for DAS unit Model MD 3220 012 2 SSD_400GB_SAS HD 400GB Solid State Drive SAS Value SLC 6Gbps 2.5in Hot-plug Drive 013 1 SSD License License Key, Power Vault MD3 High Performance Tier with SSD Cache 014 8 10 View STA-ADDON License View Horizon Standard, Add-On pack for 10 users 015 3 VIEW Capacity Training VIEW Capacity Training (Remote) VMware View). (Including original manuals) 016 80 VDI License Windows virtual environment government client, 1 year 017 1 Installation View + HW Hardware installation service and VMware Horizon platform installation 018 2 N4032f Layer 3 Switch N4032F, 24 ports SFP+ of 10 Gb, Stack module of 40GB, 8 adapters SFP+ per switch, 5 years warranty. 10GB 019 1 R720_E5-2620_192 Server R720, (2) Processors E5-2620, (6) Cores, 2 HDs SAS 146 GB, 15Krpm, 192 GB memory, 750Watts, Dual Port 10GB SFP+, 4/ 1GB ports, controller iDRAC

020 2 VRanger License License VRanger Pro , per processor (3 years) 021 1 DATACENTER License Microsoft windows Datacenter edition 2012 (two processors) 022 3 DD 4.0 TB SATA HD SATA de 3.5" / 4.0 TB to enhance storage capacity/space on current server infrastructure (R720) 023 30 Canon SX600HS 18x Optical Zoom, 16.0 megapixels, memory card: SD/SDHC/SDXC, Compatible

Windows 8/8.1/7 SP1 024 30 SDHC Memory card 16GB class 10 memory card

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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b. Installation Support

• The Vendor shall ensure professional installation and configuration to original equipment manufacturer (OEM) standards for all components and accessories including peripherals, software applications, and licenses.

• The vendor shall ensure that adjustment to output power required for every component is properly configured to ensure utmost operation in the country of Honduras where power generation presents great deal of challenges due to unstable power generation conditions.

• The vendor shall ensure room climate controls are in place to provide the best environment possible to sustain 24/7/365 network operations.

• Also, vendors proposal shall include the relocation of an existing ACU unit

c. Deliverable Reports

1. The vendor shall provide a condensed operating procedure (cheat sheet/checklist) on PDF format, in both languages Spanish and English for all the networking components responsible and required to sustain main operations and reliable network data communication services.

2. The vendor shall prepare monthly reports addressing issues with equipment and report status as well as services availability. As a minimum, each monthly report shall include the following information:

o Service performance by main components.

o Issues with system configuration.

o Status of main software and applications.

o Service availability.

• All reports will be written in English and Spanish and in electronic format and must contain the following:

o Front cover to contain: (1) Report number and date (2) Title and period covered (3)

Contract number (4) Contractor’s name and address (5) Name of the agency: INL o Main body to contain: (1) Detailed narrative of the work performed (2) Analysis of the work performed; percentage of work planned versus worked performed (3) Progress analysis (4) Deliverables (5) Work delays (6) Change control (7) Activities for following week (8)Conclusion

d. Maintenance

• Operations and Maintenance shall be quoted for the base period, plus two (2) option periods.

o The vendor shall provide maintenance support of all the network equipment for a period no less than the recommended warranty for all the network hardware to include all components.

o The vendor shall provide preventive maintenance quarterly in all networking hardware including all components and accessories, for the duration of this contract.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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• The vendor shall provide 95% operational readiness of all networking hardware including all components and accessories, as well as for maintaining an inventory of operable spares to replace unserviceable items within 72 hours.

e. Training

• The quoter shall conduct a course to teach Honduran officials on how to operate effectively devices to be installed and pass along information to promote proper use of network hardware technology and its devices. The quoter shall provide these trainings on-site in Honduras in Spanish. Each training shall have up to eight (8) students.

Requirements:

• All training shall be conducted in Honduras within 60 days.

• Quoter shall design and develop all training materials to be used in the trainings. Training

Materials include PowerPoint presentations, manuals, handouts, group and individual activities, and any other materials deemed necessary by the quoter. Quoter shall provide the INL Program Officer with a list of reference materials used for curriculum development

• Training materials shall be provided in BOTH English and Spanish.

• All trainers shall be certified.

Deliverables:

Due Date: NLT 7 days before trainings Recipients: Electronically to the CO, COR

• The quoter shall provide INL with an advance copy of all training material for review/edits.

• The quoter shall notify INL of the need for any training equipment necessary for the successful delivery of the trainings.

f. Shipping

• The period of performance for this contract will be 60 days from the date of award. Vendor shall deliver all the devices to include all the components FOB Destination Honduras.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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SECTION 3

EVALUATION INSTRUCTIONS AND CRITERIA

I. INSTRUCTIONS TO QUOTERS

To be considered, the quoter must submit the required below information on or before 12:00 PM (local Washington D.C. time) on 28 AUGUST 2015. The quoter shall provide an electronic copy containing all required sections of the written quote. The quoter shall submit the quote in Microsoft Office 2007 or later or Adobe PDF. Any quoter that does not comply with the following instructions, or does not submit a required component of this RFQ within the allotted time frame, shall not be considered for award.

Vol. Section Title Page Count Limitation 1 Technical Response 25 pages 2 Price Quotation Completion of attached, Pricing Matrix

Volume 1 shall include the following:

• DESCRIPTION: Description/nomenclature of the items being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and include description of warranty terms.

• DELIVERY DATE: Proposed delivery date(s).

• DUNS NUMBER: DUNS number and statement, or proof that the quoter is registered in

SAM.gov.

• CERTIFICATIONS: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the ORCA web site (https://orca.bpn.gov/).

Volume 2 shall include the following:

• PRICE: The Quoter shall complete the attached Pricing Matrix to submit a quotation. The Pricing

Matrix is comprised of an excel worksheet, and requires the Quoter to input:

o Unit Price o Extended Prices o Be inclusive of delivery/shipping charges o Include the product quoted

II. EVALUATION CRITERIA

Award will be made to the Lowest Priced-Technically Acceptable quoter who submits a quotation that is responsive to the RFQ requirements. In addition, there are other considerations that may be taken into account:

1. The Government reserves the right to reject a quotation that is technically unacceptable.

2. The Government will determine acceptability by assessing the quoter's compliance with the terms of the Request for Quotation (RFQ).

https://orca.bpn.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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3. The quoter shall be registered to do business in the host country or to partner with a host country registered business, this is required in order to provide maintenance, training, repairs and spare parts since this type of equipment involve a security and safety.

4. The quoter must have a valid international warranty on the products offered so the sales representative may be able to claim this warranty and coordinate possible replacement to the end user without incurring in additional expenses.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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SECTION 4

DELIVERY TERMS

I. SHIPPING - FOB DESTINATION HONDURAS

The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification.

The items being acquired will be donated to the government of the ultimate destination INL-Honduras.

The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

*Effective May 30, 2013, the Department's Dispatch Agency Consolidated Receiving Points (CRPs) will no longer be able to accept cargo that has a shipping label on the outside of the package that fails to identify the destination post. Unidentified Supply Shipments will be refused by Dispatch Agency and returned at contractor’s expense.

Include a copy of the packing list with original invoice to the Contracting Officer that will provide advance information for Customs clearance purposes. Partial shipments are not allowed.

II. DELIVERY SCHEDULE

The contractor shall deliver all products 60 calendar days after receipt of award. If an export license is required, delivery shall be 30 days after receipt of export license, and export license application shall be accomplished expeditiously after award.

III. DELIVERY ADDRESS

American Embassy Warehouse 1 End of Boulevard Los Proceres (in front of Bambino bread store) Tegucigalpa, Honduras

PLEASE NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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IV. SOLICITATION CONSIDERATIONS

This is a brand name or equal to procurement, Seller certifies that it is an authorized distributer of the similar product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box (es).

In addition to providing pricing for this solicitation, each Offeror must provide any required, NON- PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to CrippenSM@state.gov.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov. All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s).

Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems.

mailto:CrippenSM@state.gov http://www.sam.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

V. EXPORT LICENSE

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C.

2778 2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination.

Any penalties rendered to the Contractor, as a direct result of being found non-compliance with AECA and ITAR will be the responsibility of the Contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

VI. TAX PROCEDURES

All goods and services under this contract should be provided with tax exemption, under no circumstance INL will be paying VAT, income, entrance or any other related tax for this order.

VII. INSPECTIONS AND ACCEPTANCE

The inspection and acceptance of the commodities shall be performed by the U.S. Government upon their arrival at the customs facility in Honduras. The payment(s) to the contractor shall be made following satisfactory inspection and acceptance of the commodities.

http://www.pmddtc.state.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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SECTION 5

CLAUSES AND PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. In addition, the full text of a solicitation provision may be accessed electronically at this/these address (is):

FAR: http://www.acquisition.gov/far/ DOSAR: https://www.statebuy.state.gov

FAR:

Clause Title and Date 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment.

52.222-26 Equal Opportunity

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at this/these address (es):

FAR: http://www.acquisition.gov/far/

DOSAR: https://www.statebuy.state.gov

FAR:

Clause Title and Date 52.233-3 Protest after Award.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-13 Notice of Set-Aside of Orders.

52.219-28 Post-Award Small Business Program Representation.

DOSAR:

Clause Title and Date 652.225-71 Section 8(a) of the Export Admin Act of 1979, As Amended 652.229-70 Excise Tax Exemption Statement for Contractors within the United States 652.229-71 Personal property Disposition at Posts Abroad 652.242-70 Contracting Officer’s Representative 652.242-73 Authorization and Performance 652.243-70 Notices 652.247-71 Shipping Instructions 52.212-4 Contract Terms and Conditions—Commercial Items.

(End of Clause) https://acquisition.gov/far/current/html/52_000_107.html#wp1114174 http://www.acquisition.gov/far/ https://www.statebuy.state.gov/ https://acquisition.gov/far/current/html/52_000_107.html#wp1114174 http://www.acquisition.gov/far/ https://www.statebuy.state.gov/

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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52.209-7 Information Regarding Responsibility Matters.

As prescribed at 9.104-7(b), insert the following provision:

INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” 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 [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c) (1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c) (1) (i) through (c) (1) (IV) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.211-6 Brand Name or Equal.

As prescribed in 11.107(a), insert the following provision:

BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

https://acquisition.gov/far/current/html/Subpart%209_1.html#wp1086248 https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements.

Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(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. Plan of Action and Statement of Understanding

2. Key Personnel and Staffing Plan

3. Past Performance

4. Cost/Price Technical and past performance, when combined, is greater than Cost/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.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or https://acquisition.gov/far/current/html/Subpart%2012_3.html#wp1084399

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (p) 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 o is, o 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 o is, o is not a service-disabled veteran-owned small business concern.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act. See FAR 3.104.

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(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone 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…