SP4701-14-R-0021.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 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 CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

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

RFQ IFB RFP

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.

DATED . 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. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

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

TABLE OF CONTENTS FOR SOLICITATION NO: SP4701-14-R-0021 Page: 2 of 71

TITLE PAGE

Standard Form (SF) 1449 Solicitation/Contract/Order for Commercial Items 1

Continuation of any block(s) from SF 1449 3

Caution Notice 13

Contract Clauses

1. FAR 52.212-4 - Contract Terms and Conditions – Commercial Items 18

2. Addendum to FAR 52.212-4 24

3. FAR 52.212-5 - Contract Terms and Conditions Required to Implement 38 Statutes or Executive Orders – Commercial Items

4. DFARS 252.212-7001 - Contract Terms and Conditions Required to Implement Statutes or Executive orders Applicable to Defense Acquisition of Commercial Items

Any Contract Documents, Exhibits, or Attachments (e.g., PID, Statement of Work) 43

Solicitation Provisions

1. FAR 52.212-1 - Instructions to Offerors – Commercial Items 49

2. Addendum to FAR 52.212-1 50

3. [ X ] FAR 52.212-2 - Evaluation – Commercial Items 54

4. [ ] Addendum to FAR 52.212-2

5. FAR 52.212-3 - Offeror Representations and Certifications – Commercial Items 56

6. Addendum to FAR 52.212-3 (certifications re Surplus Material, Buy American Act) 66

7. DFARS 252.212-7000 - Offeror Representations and Certifications – Commercial Items

Solicitation Number SP4701-14-R-0021 Page: 3 of 71

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET)

1. Block 8 Offer Due Date/Local Time: May 19, 2014 3:30 PM (EST)

2. Block 9 (continued)

Mailed offers shall be sent to:

DLA Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation No: SP4701-14-R-0021 Opening/Closing Date and Time: May 19, 2014 3:30 PM (EST)

Handcarried Offers shall be delivered to:

DLA Troop Support Business Opportunities Office Building 36, 2nd Floor 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation No: SP4701-14-R-0021 Opening/Closing Date and Time: May 19, 2014 3:30 PM (EST)

[Examples of Handcarried Offers include: In-Person delivery by contractor; or Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier; or USPS Express Mail, USPS Certified Mail.]

Note: All handcarried offers are to be delivered between 8:00 a.m. and 3:30 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “handcarries” the package to the address specified above for handcarried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

Contractors intending to deliver offers in-person should be advised that the Business Opportunities office (Bid Room) is located within a secure military installation. In order to gain access to the facility, an escort may be required. The escort will be an employee from the Bid Room. The following are phone numbers for the Bid Room: (215)737-8511, Solicitation Number SP4701-14-R-0021 Page: 4 of 71

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS - SF 1449

(CONTINUATION SHEET) (cont.)

(215)737-9044, or (215)737-7354. It is the offeror’s responsibility to ensure that offers are received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on the number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION

AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF

YOU ARRIVE ON HOUR BEFORE THE OFFER IS DUE.

Facsimile offers are NOT authorized for receipt of intial proposals. However in the event of solicitation amendments, clarfications, and/or negotiations, revisions to the intial proposal may be authorized via fax at the Conracting Officer’s discretion.

Email offers are NOT authorized for receipt of intial proposals. However in the event of solicitation amendments, clarfications, and/or negotiations, revisions to the intial proposal may be authorized via email at the Contracting Officer’s discretion.

3. Block 17a: Offeror’s assigned DUNS Number:____________________________.

(If you do not have a DUNS number, contact the individual identified in Block 7a or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet.)

Offeror’s CAGE Code: ____________________________.

4. Block 17b: Remittance Address: (if different from Contractor/Offeror address in block 17a.)

5. Blocks 19-24: Schedule of Supplies/Services:

I. PRODUCT SUPPORT

The contract that results from this solicitation will cover a full line of commercial-grade Information Technology (IT) products as well as related hardware, accessories and warranties in support of DLA Headquarters and its field activities within the Contiguous United States (CONUS – The 48 contiguous states and the District of Columbia), defined at FAR 2.101, and Outside the Contiguous United States (OCONUS). The items listed below are not all inclusive of the items that may be required to be furnished. The Core List/Schedule of Supplies illustrates the type of supplies that have been provided and

Solicitation Number SP4701-14-R-0021 Page: 5 of 71 potentially will be required of the awardee to provide to customers. It is anticipated that all initial Core List items will comprise the basic contract to provide support to the DLA Enterprise-Wide. The price on the Core List/Schedule of Supplies will be determined fair and reasonable prior to award by the Contracting Officer. The Core List/Schedule of Supplies pricing will serve as the respective ceiling price in the contract with a one year base and four one-year option periods.

In addition to those items specified on the Core List/Schedule of Supplies of this solicitation, the scope of this contract includes all commercial-off-the-shelf (COTS) hardware and accessories and can be found in the Statement of Work on pages 43-47.

Items within the scope may be added to the contract at a later date in accordance with the terms of the clause DLAD 52.216-9006, Addition/Deletion of Items.

Any additional equipment and related supplies not identified at the time of award will require a fair and reasonableness determination prior to being added to the resultant contracts via a modification. Pricing will be determined fair and reasonable based on published prices, GSA Federal Supply Schedule pricing, comparison to the Independent Government Estimate and/or historical compatible prices found on contracts of similar items.

II. SCHEDULE OF SUPPLIES:

a. ALL PRICES MUST BE SUBMITTED FOR FOB DESTINATION.

b. FOB Destination - Inspection and Acceptance will be at Destination.

c. For CONUS customers, equipment shall be delivered F.O.B. destination to a specific address located within the Contiguous United States. For OCONUS customers/addresses, equipment shall be delivered F.O.B. destination to a specific Defense Distribution Center (i.e., Defense Depot New Cumberland, PA and Defense Depot Tracy, CA).

d. Requested delivery is 30 days for CONUS and OCONUS shipments after issuance of each delivery order.

e. Lot 0001, Desktops and Laptops shall be of the same make and brand. A Single brand name is required for all items in Lot 0001.

f. Options and Upgrades shall be priced out, but will not necessarily be purchased with desktops, laptops, tablets or thin-clients.

g. The offeror shall provide pricing for the one year base period and the four one-year option periods.

Solicitation Number SP4701-14-R-0021 Page: 6 of 71

h. There are two separate and distinct lots that will result in two separate awards.

Award will be made to the overall low total offer for each Lot that meets the requirements described in this solicitation.

i. The annual estimated quantities in this solicitation are only estimates based on data available to the Contracting Officer at the time of this solicitation.

j. The options and upgrades listed in the Core List/Schedule of Supplies will be evaluated as part of the total contract price. As part of technical acceptability, offerors are required to submit a commercial catalog or documentation demonstrating the ability to provide optional items/options and upgrades for the items being proposed in Lot 0001 and Lot 0002.

k. All CLINS listed in the Core List/Schedule of Supplies, options and upgrades in the statement of work (SOW), including scope will be evaluated.

l. All products/components provided under the resultant contract(s) must be in accordance with the Buy American Act and Berry Amendment, as applicable.

m. Offerors shall provide a technical package containing the technical specifications and description of the items proposed. See Page 52 (Non-Proposal Information) for further details.

Solicitation Number SP4701-14-R-0021 Page: 7 of 71

Lot 0001 DESKTOP: All basic PC configurations shall meet or exceed the following minimum specifications, and must not be configurable below these specifications.

a. Windows 7 Professional (Windows 8 Professional Compatible)

b. CPU - 4th Gen Intel Core i5 Desktop Processor

c. RAM - 8 GB

d. Hard Drive - 750 GB

e. 10/100/1000 Ethernet adapter

f. DVD-RW/CD-RW combo drive

g. TPM 1.2 Security Device capable of providing Data at Rest encryption

Lot 0001 0001 Desktop 3,100 EA

Options/ Upgrades

24” inch wide screen monitor @ 1920 X 1080

2,250 EA

0003 Standard USB Keyboard 1,800 EA

UNIT PRICE

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

Base Year

(0001)

Lot 0001 LAPTOP: All basic PC configurations shall meet or exceed the following minimum specifications, and must not be configurable

a. Windows 7 Professional (Windows 8 Professional Compatible)

b. CPU - 4th Gen Intel Core i5 Mobile Processor

c. RAM - 6 GB

d. Hard Drive - 500 GB

Solicitation Number SP4701-14-R-0021 Page: 8 of 71

e. Screen size - 15 inch @ 1920 X 1080

f. 802.11n wireless

g. Internal smart card reader for Common Access Card (CAC)

h. DVD-RW/CD-RW combo drive

i. Webcam with integrated microphone, speakers and soundcard

j. TPM 1.2 Security Device capable of provide Data at Rest encryption

Lot 0001 0004 Laptop 770 EA

Upgrades

24” inch wide screen monitor @ 1920 X 1080

2,250 EA

0006 Port replicator/docking station 790 EA

Total Evaluated Price for Lot 0001 - CLIN 0001-0006 (Desktops, Laptops, Options & Upgrades) for the One Year Base and Four One-Year Options

Total Evaluated Price for Lot 0001 Inclusive of the One Year Base and Four One- Year Options

UNIT PRICE

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

**A single brand name is required for Desktops and Laptops in Lot 0001. **

Solicitation Number SP4701-14-R-0021 Page: 9 of 71

Lot 0002 TABLET (ANDROID): All tablet configurations shall meet the following or similar minimum specifications, and must not be configurable below these specifications.

a. OS: Android 4.4

b. Storage Capacity: 32 GB

c. Screen size: 8-inch

d. Networking: 802.11b/g/n, Bluetooth 2.1

e. GPS: Yes

f. Camera: Front and back

g. Smart card reader for Common Access Card (CAC)

h. Cellular capable, 4G Network

Lot 0002 0007 Android 300 EA

UNIT PRICE

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

Lot 0002 TABLET (iOS): All tablet configurations shall meet the following or similar minimum specifications, and must not be configurable

a. OS: iOS 6.0

b. Storage Capacity: 32 GB

c. Screen size: 7.9 inch

d. Networking: 802.11b/g/n, Bluetooth 2.1

e. GPS: Yes

f. Camera: Front and back

g. Smart card reader for Common Access Card (CAC)

h. Cellular capable, 4G Network

Solicitation Number SP4701-14-R-0021 Page: 10 of 71

Lot 0002 0008 iOS (based on iPAD Air) 300 EA

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

Lot 0002 TABLET (WINDOWS): All tablet configurations shall meet the following specifications, and must not be configurable below these specifications:

a. OS: Windows 8 Pro

b. CPU: 4th Gen Intel Core i5 Tablet Processor

c. RAM: 4 GB

d. Storage Capacity: 64 GB

e. Screen size: 10 inch

f. Networking: 802.11b/g/n, Bluetooth 2.1

g. GPS: Yes

h. Camera: Front and back

i. Smart card reader for Common Access Card (CAC) – prefer integrated

j. Cellular capable, 4G Network

Lot 0002 0009 Windows 300 EA

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

Solicitation Number SP4701-14-R-0021 Page: 11 of 71

Lot 0002 THIN-CLIENT (DESKTOP): All Thin-client desktop configurations shall meet the following or similar minimum specifications, and must not be configurable below these specifications.

a. Citrix HDX Ready

b. Dual-video Support, 1920x1200@60Hz, color depth: 32bpp

c. Four USB 2.0 ports (2 on front, 2 on back)

d. One Line Out: 1/8-inch mini jack, full 16-bit stereo

e. USB Keyboard with built-in CAC reader

f. USB Optical mouse

g. 10/100/1000 Base-T Gigabit Ethernet

h. Optional internal wireless 802.11 b/g

i. VESA monitor support with Display Data Control (DDC)

Lot 0002 0010 Thin-Client (Desktop) 3,820 EA

Upgrades

24” inch wide screen monitor @ 1920 X 1080

2,250 EA

0012 Port replicator/docking station 790 EA

UNIT PRICE

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

Solicitation Number SP4701-14-R-0021 Page: 12 of 71

Lot 0002 THIN-CLIENT (MOBILE): All Thin-client mobile configurations shall meet the following or similar minimum specifications, and must not be configurable below these specifications.

a. Laptop form-factor, Screen size - 14 inch @ 1920 X 1080

b. Internal smart card reader for Common Access Card (CAC)

c. Webcam with integrated microphone, speakers and soundcard

d. Citrix HDX Ready

e. USB 2.0 ports

f. One Line Out: 1/8-inch mini jack, full 16-bit stereo

g. Integrated CAC reader

h. 10/100/1000 Base-T Gigabit Ethernet

i. Internal wireless 802.11 b/g

Lot 0002 0013 Thin-Client (Mobile) 1,340 EA

Options/ Upgrades

24” inch wide screen monitor @ 1920 X 1080

2,250 EA

Total Evaluated Price for Lot 0002 - Tablets and Thin-Clients for the One Year Base and Four One-Year Options

Total Evaluated Price for Lot 0002 Inclusive of the One Year Base and Four One- Year Options

UNIT PRICE

Option Year One

(1001)

UNIT PRICE

Option Year Two

(2001)

UNIT PRICE Option Year Three

(3001)

UNIT PRICE

Option Year Four

(4001)

LOT CLIN DESCRIPTION

ANNUAL

ESTIMATED

QUANTITY

(AEQ)

UNIT OF

ISSUE

(U/I)

UNIT PRICE

Base Year

(0001)

** Offerors are required to propose pricing on all items listed in Lot 0002. Offers failing to submit on all items in Lot 0002 will be rejected as non-responsive.

Solicitation Number SP4701-14-R-0021 Page: 13 of 71

CAUTION NOTICE

ITEMS REQUIRING SPECIAL ATTENTION

Although the specific details on the following information are included within the solicitation, the following list of items is intended to summarize key aspects of this solicitation and resulting contract. Please take notice and comply:

1. This solicitation consist of two Lots:

Lot 0001: Desktop/Laptop/Options and Upgrades Lot 0002: Tablets/Thin-Client/Options and Upgrades

2. The contracts resulting from this solicitation will be two single-award Firm Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) contracts and the period of performance will be for a one-year base period and four one-year option periods, for a potential contract term of five years. The requirement will be reviewed on an annual basis to ensure that continuation of the contract is in the best interest of the Government.

3. This solicitation contains two separate and distinct Lots that will result in two separate awards. The two planned awards, identified as Lot 0001 and Lot 0002, shall be awarded simultaneously to the small business concern(s) determined to be the best value to the Government in accordance with the terms and conditions of the solicitation. The low offeror for Lot 0001 who is responsible, technically acceptable and whose price has been determined to be fair and reasonable will receive an award for Lot 0001. The lowest offeror for Lot 0002 who is responsible, technically acceptable and whose price has been determined to be fair and reasonable will receive an award for Lot 0002. The same vendor may be awarded both Lot 0001 and Lot 0002. Orders will be issued under each separate contract in accordance with the terms and conditions of the contract and without notice to, or consideration of, any other contractor, or consideration of the terms and conditions of any other contract, and the fair opportunity provisions of FAR 16.505(b) will not be applicable to orders under the resulting contracts.

4. The Source Selection Method used for this solicitation will be Lowest Price Technically Acceptable (LPTA). An offeror’s technical acceptability will be determined by a vendor meeting the Government’s minimum technical requirements and not taking any exceptions to the solicitation. The Government will evaluate all proposals received by the end of the established closing date and time. All proposals must be evaluated for price reasonableness and an award will be made to the lowest priced acceptable offeror. The evaluation method is based on the lowest offered price who meets the Government’s minimum technical requirements of the solicitation. See page 54

5. The annual quantities listed in this solicitation are only estimates from data available to the Contracting Officer at the time of solicitation. The Government is not obligated to purchase beyond the guaranteed minimum. Prior to submitting a proposal, one should take into account any business risks associated with the estimates in this solicitation.

Solicitation Number SP4701-14-R-0021 Page: 14 of 71

LOT

Android ‐

300 EA

iOS ‐

300 EA

Windows ‐

300 EA

Desktop ‐

3,820 EA

Mobile ‐

1,340 EA

Laptop

Thin‐Client

TOTAL ANNUAL ESTIMATED QUANTITY

Desktop

3,100 EA

Tablet

770 EA

6. The Guaranteed Minimum, Contract Maximum for the contracts for LOT 0001 and LOT 0002 (includes options and upgrades) are as follows:

Lot 0001 Lot 0002

Guaranteed Minimum $500,000.00 $400,000.00

Contract Maximum $53,350,000.00 $43,650,000.00

7. Delivery orders for Desktop/Laptop/Options and Upgrades will be placed against the contract for Lot 0001. The contract for Lot 0002 will receive all delivery orders for Tablets/Thin- Clients/Options and Upgrades. There will be no minimum or maximum quantity per delivery order. Contract maximums for each Lot apply.

8. Requirements will be processed under individual delivery orders (DOs) to be delivered to customers within the Contiguous United States (CONUS) and Outside the Contiguous United States (OCONUS). For OCONUS customers/addresses, orders are to be delivered F.O.B.

destination to a specific Defense Distribution Center (i.e., Defense Depot New Cumberland, PA and Defense Depot Tracy, CA). Specific delivery instructions will be included on each delivery order.

9. Packaging shall be in accordance with MIL-STD-2073-1D (latest revision). DOD bar code marking required in accordance with MIL-STD-129 (latest revision). RFID is required for items being delivered to a specific Defense Distribution Center (see clause 252.211-7006).

10. This solicitation allows for a 30 day delivery period for CONUS and OCONUS addresses after receipt of orders.

11. Proposals are invited only on the basis of F.O.B. Destination. Offers submitted on basis other than FOB Destination will be rejected as non-responsive. Inspection and Acceptance will take place at destination.

12. This acquisition is a 100% Small Business Set-Aside.

13. If reverse auction is not conducted, the Contracting Officer intends to evaluate proposals and make award without discussions. Proposals should contain the vendor’s best terms.

Additionally, the Government reserves the right to conduct discussions and request proposal revisions if it is determined to be necessary.

Solicitation Number SP4701-14-R-0021 Page: 15 of 71

14. The Government reserves the right not to issue a contract(s) as a result of this RFP if such award is determined contrary to the best interest of the Government.

15. The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any technical proposal or price proposal in response to this

RFP.

16. The Contracting Officer/Acquisition Specialist for this procurement is Vanh Thonthongchith.

Telephone: (215) 737-6066 Fax: (215) 737-7942 E-mail Address: vanh.thonthongchith@dla.mil

Any pricing or technical questions or requests for clarification should be submitted to the Contracting Officer/Acquisition Specialist in writing on or before 12:00 Noon (Eastern Standard Time) on May 07, 2014 to allow DLA adequate time to provide answers or to consider potential changes in the RFP.

17. REQUIRED CERTIFICATIONS AND CLAUSE FILL-IN: Offerors should review the entire solicitation and complete ALL certifications and ALL clause fill-ins contained. It is recommended that offerors fill in all appropriate clauses on the solicitation document and return copies of these completed pages along with the proposal package.

18. Submission of Offers - All offers must be submitted following the submission requirements outlined in Section 52.212-1 “Instruction to Offerors - Commercial Items”. Proposal packages from offerors responding to this solicitation must include the following items for their proposal to be considered:

a. Signed copy of 1449

b. Completed copies of FAR 52.212-3, and other required certifications

c. Non-Price Proposal

d. Price Proposal

19. For solicitations exceeding $150,000, contractors are required to report the extent of lobbying activities via Standard Form-LLL, “Disclosure of Lobbying Activities”. This form is to be submitted with the contractor’s offer in accordance with FAR 52.212-3(e) (for commercial acquisitions). A copy of Standard Form (SF) LLL is available on the General Services Administration web site: http://www.gsa.gov/portal/forms/type/SF

20. Offerors are advised that Berry Admentment and Buy American Act apply to this solicitation. Depending on the item being solicited, the Berry Amendment or the Buy American Act requirements may apply. Contractors must be aware of which provision applies at the time they submit their offer.

21. Wide Area Work Flow (WAWF): All invoicing will be done via wide area workflow procedures (WAWF). WAWF is available on the Internet at https://wawf.eb.mil/. Reference DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(JUN 2012).

Solicitation Number SP4701-14-R-0021 Page: 16 of 71

22. Reverse Auction - This solicitation contains DLAD 52.215-9023 (OCT 2013) for Reverse Auction (RA). A Reverse Auction for all pricing periods may be conducted. The Government will activate this provision after timely offers have been received and evaluated.

Prior to doing so, the Contracting Officer will establish a competitive range. Those firms removed from the competitive range will be notified in writing prior to the Government conducting the RA. By submitting an offer, the offeror consents that the RA Vendor (Defense Logistic Agency’s commercial reverse auction service provider) may have access to its submitted data for the purpose of the Reverse Auction. The RA Vendor will have a confidentiality agreement in place.

23. Environmental evaluation is applicable as personal computer products is a category of EPEAT-registered electronic products. Clause FAR 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products is incorporated to ensure EPEAT standards are met (See page 26). See Attachment A for Mandatory Activities Checklist (Page 71)

24. CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

This solicitation includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; therefore, the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729- 3733). When FAR 52.203-13 is included in the contract, the contractor must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

CAUTION NOTICE: THIS LIST MAY NOT BE ALL INCLUSIVE AND IT IS THE

RESPONSIBILITY OF THE OFFEROR TO REVIEW THE ENTIRE SOLICITATION

TO ENSURE ALL REQUIRED INFORMATION IS SUBMITTED WITH ITS

PROPOSAL.

Solicitation Number SP4701-14-R-0021 Page: 17 of 71

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SP4701-14-R-0021

Offer Due Date/Time: May 19, 2014 3:30 PM (EST)

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

[ ] Do not regularly manufacture or sell the type of items involved

[ ] Other (specify):

[ ] We do [ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: _____________________________________

Signature: __________________________________________________________

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FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(SEP 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.

(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--

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FAR 52.212-4 (continued)

(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 Office of Management and Budget (OMB) 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.

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(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);

(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 the date 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 33.607-2).

(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 the 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

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(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 accepted, 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.

(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.

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(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; and (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 Contractor indicated in the contract will be

Solicitation Number SP4701-14-R-0021 Page: 23 of 71 considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM at https://www.acquisition.gov

(u) Unauthorized Obligations

(1) Except as stated in Paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government;

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of its appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or any other comparable mechanism (e.g., “click-wrap”, or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized under applicable agency regulations and procedures.

Alternate I (Aug 2012) [Applicable only when a time-and-materials or labor-hour contract is contemplated.]

If preceded by an X, the following paragraphs of 52.212-4 contain additional language:

Paragraph Additional Language

[ X ] (a) FAR 52.246-2, Inspection of Supplies - Fixed Price, is hereby included in this contract and takes precedence over FAR 52.212-4(a).

[ ] (i) FAR 52.213-1, Fast Payment Procedure, DLAD 52.212-9001, Application of Fast Payment to Part 12 Acquisitions, and DLAD 52.213-9009, Fast Payment Procedure, apply and are

Solicitation Number SP4701-14-R-0021 Page: 24 of 71 hereby incorporated by reference. The Government will pay invoices based on the Contractor’s delivery of supplies to a post office or common carrier (or, in shipments by other means), to the point of first receipt by the Government.

ADDENDUM TO FAR 52.212-4

THE CLAUSES LISTED BELOW ARE INCORPORATED 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. A CLAUSE WITH AN AUTHORIZED DEVIATION IS SO MARKED AFTER

THE DATE OF THE CLAUSE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR Clauses: https://www.acquisition.gov/far/index.html DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD Clauses: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

CLAUSE NUMBER TITLE/DATE

FAR 52.204-7 System for Award Management (JUL 2013) FAR 52.227-2 Notice and Assistance Regarding Patent and

Copyright Infringement (DEC 2007) FAR 52.232-17 Interest (OCT 2010) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.247-34 F.O.B Destination (NOV 1991) FAR 52.248-1 Value Engineering (OCT 2010) DFARS 252.204-7003 Control of Government Personnel Work Product

(APR 1992)

DFARS 252.204-7004 Alternate A, System for Award Management (FEB

2014) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or

Controlled by the Government of a Terrorist Country (DEC 2006)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

(DEC 2012)

DFARS 252.227-7013 Rights in Technical Data--Noncommercial Items

(FEB 2014)

DFARS 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation

(FEB 2014)

DFARS 252.227-7015 Technical Data--Commercial Items (FEB 2014) DFARS 252.227-7017 Identification and Assertion of Use, Release, or

Disclosure Restrictions (JAN 2011) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

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DLAD 52.211-9002 PRIORITY RATING (MAR 2000)

DLAD…