RFP_Good_Thursby_SP4701-16-R-0024_March_2016.pdf

SP4701-16-R-0024 Page 1 of 43

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR PROPOSAL

(1) Action Code: N/A

(2) Date: 4/7/2016

(3) Year: 2016

(4) Contracting Office Zip Code: 19111

(5) Classification Code: 541519 (Size Standard: 150 Employees)

(6) Contracting Office Address:

DLA Contracting Services Office Philadelphia

700 Robbins Avenue, Building # 26/2, North Side

Philadelphia, PA 19111

(7) Subject: Good Technology (Premium Support) and Thursby PKard Licenses and

Maintenance.

(8) Proposed Solicitation Number: SP4701-16-R-0024

(9) Closing Response Date: 4/14/2016

(10) Contact Point: Anthony Amendolia Jr: Anthony.2.Amendolia@dla.mil, 215-737-2570

Nina DiPlacido: Nina.DiPlacido@dla.mil, 215-737-2567

(11) Contract Award: NA

(12) Contract Award Dollar Amount: NA

(13) Contract Line Item Number: See section (16) below

(14) Contract Award Date: NA

(15) Contractor NA

(16) Description:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement shall be set aside for 100% small business.

mailto:Anthony.2.Amendolia@dla.mil mailto:Nina.DiPlacido@dla.mil

SP4701-16-R-0024 Page 2 of 43

The contracts resulting from this solicitation will be a single-award Firm Fixed

Price Indefinite Delivery/Indefinite Quantity (IDIQ) contract and the period of performance will be for a one-year base period and two (2) one-year option periods, for a potential contract term of three years.

(ii) Solicitation Number: SP4701-16-R-0024

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-77.

(iv) The North American Industrial Classification System (NAICS) code for this acquisition is 541519.

(v) BASIS FOR AWARD: Award shall be made to a responsible business whose proposal represents the lowest priced, technically acceptable offer under the current requirement.

The Guaranteed Minimum, Contract Maximum for the contract award via this solicitation (includes options) are as follows:

Guaranteed Minimum $150,000.00

Contract Maximum $8,700,000.00

Delivery orders for Good Technology (Premium Support) and Thursby PKard

Licenses and Maintenance will be placed against the appropriate CLIN. There will be no minimum or maximum quantity per delivery order. See CLIN schedule for more details. Contract maximum above ($8,700,000.00) is applied to the entire length of the contract.

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.

Technology Refreshment:

After contract award, the Government may solicit, and the contractor is encouraged to propose independently, technology improvements to the hardware, software, specifications, or other requirements of the contract. These improvements may be proposed to save money, to improve performance, to save energy, to satisfy increased data processing requirements, or for any other purpose which presents a technological advantage to the Government. As part of the proposed changes, the contractor shall submit a price proposal to the Contracting Officer for evaluation. Those proposed technology improvements that are acceptable to the Government will be processed as modifications to the contract.

Additional equipment, related supplies and technology refreshments that are within scope and not identified on the Core List/Schedule of Supplies will require product

SP4701-16-R-0024 Page 3 of 43 descriptions, comparative advantages and disadvantages, catalog pricing, market pricing, GSA pricing and a fair and reasonableness determination prior to being added to the resultant contracts.

The Government will not be liable for proposal preparation costs or any delay in acting upon any proposal submitted. The contractor has a right to withdraw, in whole or in part, any proposal not accepted by the Government within the period specified in the proposal.

The Contracting Officer may accept any proposal submitted by giving the contractor written notice thereof. This written notice will be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate a proposal under this contract, the contractor shall remain obligated to perform in accordance with the requirements, terms and conditions of the existing contract.

If a proposal is accepted and applied to this contract, increasing or decreasing the contract price shall be in accordance with the procedures of the "Changes” clause. The resulting contract modification will state that it is made pursuant to the add/delete clause.

(vi) Schedule of Items/Statement of Work:

DLA Information Operations (J6) has a requirement for Good Technology (Premium

Support) and Thursby PKard Licenses and Maintenance:

DLA Information Operations intends to expand its user base of iOS users (iPhones, iPads, etc.) and requires the supporting Good Technology (Premium Support) and

Thursby PKard Licenses and Maintenance.

- Base Period of Performance: 1 year from Date of Award

- Option Year 1 Period of Performance: 1 year from end of Base Year

- Option Year 2 Period of Performance: 1 year from end of Option Year 1

BASE PERIOD

CLIN Description Unit of Issue Unit Price

Good Secure Collaboration Suite User License with Premium

Support (Good Technology (Account 5647406)

Part #: SEC.CLB.SUB.USER.PREM.M.B

Note: Minimum purchasing quantity of 500; to be purchased in quantities of 500 or more.

Each

Premium Service Manager per year

Good Technology (Account 5647406) Part #: PREM.SERVICE.MGR.M

Note: Minimum purchasing quantity of 1; to be purchased in quantities of 1 or more.

SP4701-16-R-0024 Page 4 of 43

ShareFile QuickEdit for Good 1 CAL Per User Per Year

Good Technology (Account 5647406) Part #: GDTPA.CAL.BSOS.USER

Note: Minimum purchasing quantity of 1; to be purchased iAnnotate for Good 1 CAL Per User Per Year

Good Technology (Account 5647406) Part #: GDTPA.CAL.BFIA.USER

Note: Minimum purchasing quantity of 1; to be purchased

Notate for Good User License Subscription for 12 Months

(Sync Notes to Outlook)

Good Technology (Account 5647406) Part #: GDTPA.CAL.USER.SSNT.M

Note: Minimum purchasing quantity of 1; to be purchased

SmartOffice for GOOD UBM 1 CAL per user per Month

(View, Edit, Create, Convert, Share, Print <Word, Excel, PP, PDF>) Good Technology (Account 5647406)

Part #: GDTPA.CAL.PISO.USER

Note: Minimum purchasing quantity of 1; to be purchased

PKard for Good v2

Part #: PKGD-1000

Note: Minimum purchasing quantity of 500; to be

PKard for Good Maintenance - Software Delivered

Electronically; SUA effective for 1 year from date of purchase

Part #: NGD1000-PA

Note: Minimum purchasing quantity of 500; to be

SP4701-16-R-0024 Page 5 of 43

OPTION PERIOD 1

Good Secure Collaboration Suite User License with Premium

Support Good Technology (Account 5647406)

Part #: SEC.CLB.SUB.USER.PREM.M.B

Note: Minimum purchasing quantity of 500; to be

Good Technology (Account 5647406) Part #: PREM.SERVICE.MGR.M

Note: Minimum purchasing quantity of 1; to be purchased

Good Technology (Account 5647406) Part #: GDTPA.CAL.BSOS.USER

Note: Minimum purchasing quantity of 1; to be purchased

Good Technology (Account 5647406) Part #: GDTPA.CAL.BFIA.USER

Note: Minimum purchasing quantity of 1; to be purchased

(Sync Notes to Outlook)

Good Technology (Account 5647406) Part #: GDTPA.CAL.USER.SSNT.M

Note: Minimum purchasing quantity of 1; to be purchased

(View, Edit, Create, Convert, Share, Print <Word, Excel, PP, PDF>) Good Technology (Account 5647406)

Part #: GDTPA.CAL.PISO.USER

Note: Minimum purchasing quantity of 1; to be purchased

Part #: PKGD-1000

Note: Minimum purchasing quantity of 500; to be

SP4701-16-R-0024 Page 6 of 43

Electronically; SUA effective for 1 year from date of purchase

Part #: NGD1000-PA

Note: Minimum purchasing quantity of 500; to be

OPTION PERIOD 2

Good Secure Collaboration Suite User License with Premium

Support Good Technology (Account 5647406)

Part #: SEC.CLB.SUB.USER.PREM.M.B

Note: Minimum purchasing quantity of 500; to be

Good Technology (Account 5647406) Part #: PREM.SERVICE.MGR.M

Note: Minimum purchasing quantity of 1; to be purchased

Good Technology (Account 5647406) Part #: GDTPA.CAL.BSOS.USER

Note: Minimum purchasing quantity of 1; to be purchased

Good Technology (Account 5647406) Part #: GDTPA.CAL.BFIA.USER

Note: Minimum purchasing quantity of 1; to be purchased

(Sync Notes to Outlook)

Good Technology (Account 5647406) Part #: GDTPA.CAL.USER.SSNT.M

Note: Minimum purchasing quantity of 1; to be purchased

(View, Edit, Create, Convert, Share, Print <Word, Excel, PP, PDF>) Good Technology (Account 5647406)

Part #: GDTPA.CAL.PISO.USER

Note: Minimum purchasing quantity of 1; to be purchased

SP4701-16-R-0024 Page 7 of 43

Part #: PKGD-1000

Note: Minimum purchasing quantity of 500; to be

Electronically; SUA effective for 1 year from date of purchase

Part #: NGD1000-PA

Note: Minimum purchasing quantity of 500; to be

Good Technology

Part # & Description Base Period

Maximum

Option Period 1

Maximum

Option Period

Maximum

Part #: SEC.CLB.SUB.USER.PREM.M.B

Good Secure Collaboration Suite User

License with Premium Support

16,000 16,000 16,000

Part #: PREM.SERVICE.MGR.M

Premium Service Manager per year 1 1 1

Part #: GDTPA.CAL.BSOS.USER

ShareFile QuickEdit for Good 1 CAL Per

User Per Year

16,000 16,000 16,000

Part #: GDTPA.CAL.BFIA.USER iAnnotate for Good 1 CAL Per User Per

Year

Part #: GDTPA.CAL.USER.SSNT.M

Notate for Good User License Subscription for 12 Months (Sync Notes to Outlook)

Part #: GDTPA.CAL.PISO.USER

SmartOffice for GOOD UBM 1 CAL per user per Month (View, Edit, Create, Convert, Share, Print <Word, Excel, PP, PDF>)

SP4701-16-R-0024 Page 8 of 43

Thursby PKard

Part # & Description Base Period

Maximum

Option Period 1

Maximum

Option Period

Maximum

Part #: PKGD-1000

PKard for Good v2

Part #: NGD1000-PA

PKard for Good Maintenance - Software

Delivered Electronically; SUA effective for 1 year from date of purchase

1 1 1

(vii) Delivery of licenses/maintenance is required: Immediate Electronic delivery, unless approved by the Technical Representative

(viii) The FAR provision, 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the following addenda are added to this provision:

1. Addendum to 52.212-1(c) Period for acceptance of offers.

Period of acceptance is __10__ days.

2. Addendum to 52.212-1(e) Multiple offers.

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

3. Addendum to 52.212-1(g) Contract Award.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

Note: Competitive range is comprised of all the most highly rated proposals. The competitive range may be limited, in accordance with FAR 15.306(c)(2), to only those highly rated proposals that stand a reasonable chance of award in this acquisition.

4. Addendum to 52.212-1(h) Multiple awards.

The Government intends to make one award.

The Government may make more than one award.

Offers may be submitted for quantities less than those specified.

SP4701-16-R-0024 Page 9 of 43

5. Addendum to 52.212-1(j) Data Universal Numbering System (DUNS) Number

The requirement to provide a DUNS number with the offer applies at all dollar values if the offeror is required to register in the System for award Management (SAM) Database in accordance with DFARS clause 252.204-7004.

6. SPECIAL INSTRUCTIONS / CONDITIONS / NOTICES TO OFFERORS FOR

SUBMITTAL OF SOURCE SELECTION PROPOSAL INFORMATION

(1) Proposal Organization:

a. This RFP will be posted to the Federal Business Opportunities website under

NAICS code 541519.

b. Offeror’s shall submit a proposal with a total price for CLINs 0001-0008, 1001-1008, and 2001-2008. Within the proposal, the offeror shall provide a breakdown of the unit prices for each unit in Section (vi) of this RFP.

c. Proposals shall be submitted electronically to:

Anthony.2.Amendolia@dla.mil and Nina.DiPlacido@dla.mil

d. Offers are due no later than 12:00 PM on TBD

(ix) The FAR provision, 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

The evaluation criterion for the technical proposal and price proposal is set forth in paragraph below.

The Government will award a contract to the offeror who proposes all required items as noted within this solicitation, on a lowest priced, technically acceptable basis.

(x) Offerors shall include a copy of the FAR provision at 52.212-3, Offeror Representations and Certifications – Commercial Items.

(xi) The FAR clause, 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and the following addenda are added to this provision.

ADDITIONAL ADDENDUM TO FAR 52.212-4

CONTRACT CLAUSES INCORPORATED BY REFERENCE:

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, DFARS, DLAD, Clauses – http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

SP4701-16-R-0024 Page 10 of 43

CLAUSE NUMBER TITLE/DATE

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.204-2 Security Requirements (Aug. 1996)

FAR 52.204-7 System for Award Management (JUL 2013)

FAR 52.204-9 Personal Identity Verification of Contractor (JAN 2011)

FAR 52.214-34 Submission of Offers in the English Language

(APR 1991)

FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991) FAR 52.222-3 Convict Labor (JUN 2003)

FAR 52.222-24 Pre-Award On Site Equal Opportunity Compliance

Evaluation (FEB 1999) FAR 52.223-5 Pollution Prevention and Right-to-Know Information

(MAY 2011)

FAR 52.224-1 Privacy Act Notification (APR 1984)

FAR 52.224-2 Privacy Act (Apr 1984)

FAR 52.227-1 Authorization and Consent (DEC 2007)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement (DEC 2007)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun

2013)

FAR 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation (APR 1984)

FAR 52.237-3 Continuity of Services (JAN 1991)

FAR 52.242-13 Bankruptcy (JULY 1995)

FAR 52.242-15 Stop-Work Order (AUG 1989)

FAR 52.245-1 Government Property (Apr 2012)

FAR 52.245-9 Use and Charges (Apr 2012)

FAR 52.247-34 F.o.b. Destination (NOV 1991)

DFARS 252.201-7000 Contracting Officer’s Representative (DEC 1991)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials (SEP 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower

Rights (SEP 2013)

DFARS 252.203-7005 Representation Relating to Compensation of Former

DoD Officials (NOV 2011)

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 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls (DEC 2015)

DFARS 252.204-7012 Safeguarding Covered Defense

Information and Cyber Incident Reporting (DEC 2015)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement

Holders (DEC 1991)

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or

Controlled by the Government of a

Country that is a State Sponsor of Terrorism

(OCT 2015)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

SP4701-16-R-0024 Page 11 of 43

(DEC 2012)

DFARS 252.225-7031 Secondary Arab Boycott of Israel (JUN 2005)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-

Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (SEP 2004)

DFARS 252.227-7015 Technical Data–Commercial Items (FEB 2014)

DFARS 252.227-7028 Technical Data or Computer Software

Previously Delivered to the Government (JUN

1995)

DFARS 252.227-7037 Validation of Restrictive Markings on Technical

Data (JUN 2013)

DFARS 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports (JUNE 2012)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.239-7001 Information Assurance Contractor Training and

Certification (JAN 2008)

DFARS 252.239-7009 Representation of Use of Cloud Computing (SEP 2015)

DFARS 252.239-7010 Cloud Computing Services (AUG 2015)

DFARS 252.239-7018 Supply Chain Risk (OCT 2015)

DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012)

DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-

Furnished Property (APR 2012)

DFARS 252.245-7002 Reporting Loss of Government Property (APR

2012)

DFARS 252.245-7003 Contractor Property Management System

Administration (APR 2012)

DFARS 252.245-7004 Reporting, Reutilization, and Disposal (MAR 2015)

DLAD 52.233-9000 Agency Protests (NOV 2011)

DLAD 52.204-9000 Contractor Personnel Security Requirements (JUL 2015)

(xii) [holding place for heading ]

SP4701-16-R-0024 Page 12 of 43

The following clauses are incorporated in this solicitation and provided in full text:

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Web site 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

(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;

http://www.acquisition.gov/

SP4701-16-R-0024 Page 13 of 43

(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—

SP4701-16-R-0024 Page 14 of 43

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

124.105) by--

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

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

13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

SP4701-16-R-0024 Page 15 of 43

(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 the 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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the

SAM database information, the offeror verifies by submission of this offer that the representation 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 https://www.acquisition.gov/

SP4701-16-R-0024 Page 16 of 43 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 is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] 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.

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

(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

SP4701-16-R-0024 Page 17 of 43 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.

(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 offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the

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HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

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

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

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

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

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

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(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli

Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph

(g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,”

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy

American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade

Act”:

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

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(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade

Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy

American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II.

If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

SP4701-16-R-0024 Page 21 of 43

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade

Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy

American—Free Trade Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade

Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph

(g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not

U.S.-made or designated country end products.

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Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the

Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

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

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a

SP4701-16-R-0024 Page 23 of 43 judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under

I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS

Office of Appeals Contesting the lien filing, and to further appeal to the

Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.

§362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order

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

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(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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

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

(2) [_] Outside the United States.

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

Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR

22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

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

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

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

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

(i) The services under the contract are offered and sold regularly to non-

Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

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

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

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

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

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

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

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and

3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

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(2) The TIN may be used by the government to collect and report on any delinquent amounts…