Solicitation_SPE300-19-Q-0016.pdf

COMBINED SYNOPSIS AND SOLICITATION UNDER FAR PART 12.6

SPE30019Q0016 1

SYNOPSIS

July 23, 2019

PR: 80731321

FR: 200096405

Description: Supply 1(one) each Food Recycler/Dehydrator machine and provide On-Site Calibration, Testing and training Location: Powidz Military Air Base, Bldg. 33, Powidz, PL 62430 Delivery DoDAAC W58G0J Firm-Fixed-Price and Commercial Acquisition Period of Performance: 45 Days after Award.

FOB Inspection and Acceptance at Destination (DoDAAC #SC0101)

FSC: 4250

Material Code: N00000289 Unit of Issue: EA Brand New Units "only" Commercial Packaging and Commercial Warranty applies. On-Site Training, Calibration and Testing are required.

Small Business Set-Aside The NAICS code is 334515 The small business size standard is 750 (employees) See SOW for Shipping and other instructions.

Purpose: Combined Synopsis and Solicitation under FAR PART 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items".

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation, SPE300-19-Q-0016, is being issued as a Request for Quote (RFQ). Please pay close attention to section B “pricing” and provision # FAR 52.212- 02, (Full Text provisions 7 Clauses, pages 6 through 9). The evaluation factors for award are:

Price, Technical Specification/Requirements, Delivery and installation with On-Site Calibration, Testing and Instruction.

Solicitation opened: August 5, 2019

Solicitation close: August 15, 2019 at 3:00 p.m. (Eastern Time)

It is anticipated that a firm-fixed price commercial purchase order will be awarded for the requested supplies as a result of this synopsis/solicitation. Single award will be made to a responsible contractor.

Quotes are due by 3:00 p.m. (EST) time on 15 August, 2019.

SPE30019Q0016 2

Electronic proposals must be submitted via e-mail to Sonny Cosmas at sonny.cosmas@dla.mil.

Facsimile proposals will not be accepted. Questions regarding this solicitation may be directed to Sonny Cosmas at sonny.cosmas@dla.mil no later than Thursday, 15 August, 2019 before noon.

Bid MUST be good for 60 calendar days after close of Buy.

Please complete provision 52.212-3, Offeror Representations and Certifications- Commercial Items; OR indicate that your company's representation's and certifications are current and available via Sam.gov.

Note: When using the simplified acquisition procedures in Part 13, contracting officers are not required to describe the relative importance of evaluation factors.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95, effective 19 Jan 2017. This procurement is a 100%

The following FAR, DLAD, and DFARS provisions and clauses are incorporated into this solicitation by reference:

FAR 52.246-2, Inspection of Supplies- Fixed Price (AUG 1996) FAR

DFARS 252.246-7000, Material Inspection and Receiving Report (MAR 2008) DFARS

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

FAR 52.242-17, Government Delay of Work (APR 1984) FAR

FAR 52.247-34, F.O.B. Destination (NOV 1991) FAR

FAR 52.247-58, Loading, Blocking, and Bracing of Freight Car Shipments (APR 1984) FAR

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (MAY 2013) DFARS (see Attachment #3)

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP

2011) DFARS

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials

(NOV 2011) DFARS

FAR 52.204-7, System for Award Management (OCT2016) FAR

FAR 52.204-16, Commercial and Government Entity (Cage) Code Reporting (JUL 2015) FAR

FAR 52.204-18, Commercial and Government Entity (Cage) Code Maintenance (JUL 2015)

FAR

SPE30019Q0016 3

FAR 52.204-19, Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR

DFARS 252.204-7003, Control of Government Personnel Work Product (APR 1992) DFARS

DFARS 252.204-7008, Compliance with Safeguard Covered Defense Information Controls (OCT 2016) DFARS (see attachment #3)

DFARS 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016) DFARS (see attachment #3)

DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011) DFARS

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (MAY 2016) DFARS (See attachment 3)

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

(MAY 2016) DFARS

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

FAR 52.212-4, Contract Terms and Conditions- Commercial Items (JAN 2017) FAR

DFARS 252.211-7003, Item Identification and Evaluation Supplies (DEC 2013) DFARS

L06, Agency Protest (DEC 2016) DLAD

FAR 52.212-1, Instruction to Offerors - Commercial Items (OCT 2015) FAR (see attachment #3)

FAR 52.212-2 Evaluation- Commercial Items (OCT 2014) FAR (see attachment #3)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (OCT 2016) FAR (see attachment #3)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Alternate I (OCT 2014) FAR (see attachment #3)

FAR 52.212-4 Contract Terms and Conditions- Commercial Items (JAN 2017) FAR (see attachment #3)

Addendum to 52.212-04 Contract Terms and Conditions- Commercial Items - USA

MANUFACTURED ITEM "ONLY".

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (NOV 2017) FAR (see attachment #3)

L08, Use of Past Performance Information Retrieval System- Statistical reporting in Past Performance Evaluations (OCT 2016) DLAD

FAR 52.216-24, Limitations of Government Liability (APR 1984) FAR (see attachment #3)

FAR 52.216-25, Contract Definitization (OCT 2010) FAR (see attachment #3)

SPE30019Q0016 4

DFARS 252.225-7001, Buy American and Balance of Payments Program (DEC 2016) DFARS

DFARS 252.225-7001, Buy American and Balance of Payments Program ALT. (DEC 2016)

DFARS

DFARS 252.225-7002, Qualifying County Sources as Subcontractors (DEC 2016) DFARS

DFARS 252.225-7048, Export - Controlled Items (JUN 2013) DFARS

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

FAR 52.227-1, Authorization and Consent (DEC 2007) FAR

FAR 52.227-2, Notice and Assistance Regarding Patent and Copyrights Infringement (DEC

2007) FAR

FAR 52.232-17, Interest (MAY 2014) FAR

FAR 52.232-18, Availability of Funds (APR 1984) FAR

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR

DFARS 252.232-7010, Levis on Contract Payments (DEC 2006) DFARS

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

(JUN 2012) DFARS

DLAD 52.233-9001, Dispute-Agreement to Use Alternate Dispute Resolution (DEC 2016)

DLAD

FAR 52.236-7, Permits and Responsibilities (Nov 1991) FAR

DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013) DFARS

FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) FAR

FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998) FAR

FAR 52.252-5, Authorized Deviations in Provisions (APR 1984) FAR

FAR 52.252-6, Authorized Deviations in Clauses (APR 1984) FAR

System of Award Management Requirement

No award will be made to a Contractor not registered in the System of Award Management (SAM). In addition, the Contractor's Representations and Certification must be listed in the SAM database. Reference https://www.acquisition.gov or https://www.sam.gov/portal/public/SAM/.

Note: There is no fee to register and use this site.

During the contract, the Contractor must always have an active status in SAM during the life of this contract.

SPE30019Q0016 5

Invoices will be paid using the financial information provided in the Contractor's SAM profile.

Failure to keep an active status may result in payment delays and other administration delays.

The following clauses are incorporated by full text. The full text is found in Attachment #3.

DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (MAY 2013) DFARS

DFARS 252.204-7008, Compliance with Safeguard Covered Defense Information Controls

(OCT 2016) DFARS

DFARS 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016) DFARS

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (MAY 2016) DFARS

FAR 52.212-1, Instruction to Offerors - Commercial Items (OCT 2015) FAR

FAR 52.212-2 Evaluation- Commercial Items (OCT 2014) FAR

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (OCT 2016)

FAR 52.212-4 Contract Terms and Conditions- Commercial Items (JAN 2017)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (NOV 2017) FAR

FAR 52.216-24 Limitation Of Government Liability (APR 1984) FAR

FAR 52.216-25 Contract Definitization (OCT 2010) FAR

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) FAR

FAR 52.252-6 Authorized Deviations in Clauses (APR 1984) FAR

DFARS 252.225-7048 Export Controlled Items (JUN 2013) DFARS

Standard Form (SF) - 1449, attachment # 4.

SPE30019Q0016 6

Questions shall be addresses to:

The Government Contracting Officer:

Sonny Cosmas DLA Troop Support Subsistence 700 Robbins Street Philadelphia PA 19111 Sonny.cosmas@dla.mil - Phone: 215-737-3096

The Government Contract Specialist:

Monica Hertzog Sourcing Strategy Specialist DLA-Troop Support Strategic Material Sourcing Group Philadelphia, PA 19111

(215) 737-8195

Place of Contract Performance:

Powidz Military Air Base 33 Air Force Base Lotnictwa Transportowego UI Witlowska 8 Bldg. 33, Powidz, PL 62430

POC at Delivery Point SFC John O. Huston Phone 0048-511-425-555 mailto:Sonny.cosmas@dla.mil

SPE30019Q0016 7

STATEMENT OF WORK

Food Recycler/Dehydrator

PURPOSE:

Defense Logistics Agency Troop Support intends to purchase a Food Recycler/Dehydrator for Military Dinning Facility in Powidz Poland. On-Site Calibration, testing and training will be required.

DESCRIPTION OF PRODUCT REQUIREMENTS:

A mechanism/machine that converts a minimum of 70 pounds and a maximum of 250 pounds of food waste into re-usable by-product within a prescribed period of time (no longer than 24 hours).

Characteristics must include:

Easy to operate Effectively controls food odors Completes cycle in 6 to 23 hours Minimal energy usage Reduces organic waste by a minimum of 80% Minimal installation – “plug and play” a plus No venting or plumbing required No fresh water or enzymes required No greenhouse gas emissions Reduction of waste hauling and trash liner costs No negative environment damage as a result of conversion process

Technical requirements/specifications as follows:

New factory built - Manufactured in (Country of Origin) Equipment shall comply with all applicable Patents and be ETL Certified.

Constructed of high grade stainless steel.

Standalone with wheels to allow localized movement.

Shall be self-contained and not require any venting.

Shall not include a water connection or any plumbing connection other than a gravity condensate drain line.

The treatment chamber shall reach a high enough temperature to safely separate moisture from solid waste (minimum 180 degrees).

The system shall be able to reduce food waste weight and volume by 75% to 93%.

The system shall not require the addition of water, enzymes or any other additives.

If the system uses an internal mixing system, input door shall have contact safety switches that will stop the internal mixing apparatus, if opened.

All electrical circuits shall be protected by Ground Fault Circuit Interrupters (GFI or GFIC).

All compartments housing moving mechanical parts or high voltage electricity shall have capability for locks.

Auto cycle sensing by microprocessor for operational efficiency and energy conservation.

SPE30019Q0016 8

One-year parts and labor warranty.

Additional 3 years required for warranty.

Delivery within 45 days of order.

Shipment Location – Powidz, Poland All owner’s operating instructions and materials will be included with the shipped system.

Any standard repair parts, tools, etc., will be included with the shipped system.

Additional door gaskets and filters required for future needs.

Installation of Food Recycler/Dehydrating System:

The Vendor shall provide a single point of contact who will be responsible for the entire project and coordination of team activities.

Coordination prior to installation:

Vendor shall coordinate with the facility to convey and confirm electrical power requirements, required floor space and location of floor drain or equivalent.

Vendor shall provide and use a pre-installation checklist that includes all relevant installation parameters.

Actual Installation Procedures of the Food Waste Dehydrators:

Vendor shall install the system to provide complete and fully operable equipment.

Contractor shall perform installation in accordance with the manufacturer’s instructions and recommendations, and in manner which would in no way void the manufacturer’s warranty.

Vendor shall provide shipping to the facility loading dock. Facility will locate dehydrator in final location.

On-Site Calibration, Testing and Instruction:

A factory trained technician shall provide on-site training, testing and calibration for up to three

(3) days. During this period, three complete food waste processing cycles shall be run to adjust unit(s) for any site-specific conditions and to ensure that maximum efficiency is attained. Facility will ensure that food waste is readily available in proper quantities to perform testing.

Vendor training shall consist of:

Explanation of the safety features of the unit(s).

Instructions to familiarize the site personnel with the basic use and care of the unit(s).

A hands-on interactive demonstration on a typical cycle including the steps to load, operate, discharge and routine care of the unit(s).

Provide instruction on scheduled and unscheduled maintenance of the unit(s).

Vendor shall provide contact information including a phone number where a contractor representative can be reached to answer questions and to receive additional instructions and advice for one year after start-up.

SPE30019Q0016 9

ACCEPTANCE CRITERIA

*NOTE: IN ALL PURCHASE ORDERS, IF MATERIAL IS GRADE #3, “HEAT-

TREATMENT” STAMP IS REQUIRED.

Preservation, Packing, and Marking For plywood, packaging specification A-A-55057A, dated 30 December 1994, instructions as described for packing level A are applicable. Maximum unit height shall not exceed 45 inches, including dunnage, and width shall not exceed 48 inches

For lumber, the following applies for packing.

a. Unit assembly. A unit will contain only one thickness, width and length of lumber except as otherwise specified herein. When two or more lengths are included in a unit, the longest length shall be on the bottom of the unit with the next longer lengths on top of the longest. The unit shall be straight and even on the bottom, sides and at least one end. Pieces shall not be butted end-to-end in any unit.

b. Unit size. Unless otherwise specified, individual units shall not exceed 48 inches in width and 45 inches in height including dunnage.

c. Strapping. Strapping will be applied girth wise to the unit and tensioned to minimize all voids within the unit to the maximum extent possible. On units 6 feet long or less, end straps shall be located 1 foot from the end +-4 inches. On units over 6 feet long, end straps shall be located 2 feet from each end +-4 inches. Intermediate straps shall be applied so that adjacent straps are no more than six feet apart. When a unit is composed of different lengths and none of the intermediate straps are located within 16 inches from the free end of any one piece of lumber, then additional strapping shall be applied within 16 inches of the free end. Intermediate straps may be repositioned 12 inches in either direction to meet these requirements. Strapping shall be:

(1) flat, heavy duty steel in accordance with ASTM D 3953, type 1 or 2, minimum three-quarters inch wide with a minimum breaking strength of 2,000 pounds, or (2) extra heavy duty polyester cord in accordance with ASTM D 3950, type 1A, minimum three-quarters inch wide with a minimum breaking strength of 1,830 pounds.

d. Edge protectors. Edge protectors shall be used on all edges under the strapping of softwood and hardwood lumber units 4 inches thick or less. Fiberboard edge protectors shall not be used for select or finish grade softwood lumber or standard grades of hardwood lumber.

e. Cross strips. In units containing more than 4 tiers of lumber in height, cross strips three-quarters inch to 1 inch thick and a minimum of 2 and one-half inches wide shall be placed midway the depth of the unit across its’ width under each strap location. The cross strips shall not extend beyond the width of the unit, nor shall the cross strips be more than 2 inches shorter than the package width.

f. Waterproof wrap. An opaque commercial reinforced breathable waterproof wrap shall be applied after initial strapping has been accomplished and shall be positioned so as to completely

SPE30019Q0016 10

cover the top, ends and sides of each unit, leaving the bottom exposed. The ends shall be folded and fastened in a manner that will ensure the wrap will remain fastened and in place during shipment. All edges and ends shall be tacked or stapled to ensure wrap will stay in place during shipment.

This is an official notification effective immediately lumber/plywood delivered to the Defense Distribution Depot, Germersheim, Germany, must have the proper labeling which is designated in each purchase order.

It is required that every bundle be labeled with the following information: vendor name, contract number, NSN and measures, TCN (if applicable), number of board feet of lumber (and number of pieces of lumber) or sheets of plywood, and weight in kilograms. In addition the number of bundles per CLIN must be stated. For instance, if there are five bundles in the CLIN, the bundle should read “#1 of 5”.

MATERIAL MUST SHOW APPROPRIATE GRADE STAMPS.

Failure to comply with these labeling requirements will be grounds for non-acceptance of your deliveries by the receiving personnel at the depot. Therefore, the trucks will not be off-loaded and the material will be returned to the shipper at no cost to the U.S. Government. Once these discrepancies have been resolved, the U.S. Government will not be responsible for the additional charges incurred in redelivery of the material. Also, material lacking the proper grade stamps will also be rejected.

Partial shipments of individual line items are not acceptable.

All bundles must be shipped with 4” x 4” dunnage securely attached to the bottom of the individual bundle. Skids shall be full width and extend across the unit. Dunnage must be grooved to receive and protect the straps. Edges and ends shall be securely tasked and stapled.

Wood cross strips (stickers) shall be aligned under each strap. Straps must sustain minimum 2000 pounds tensile strength.

SPE30019Q0016 11

SECTION B

SUPPLIES/SERVICES: PSC/Material Code: 4250-N00000289

ITEM DESCRIPTION: See Attached SOW

SERVICES: – The service required to meet the using activities needs are described as follows:

DESCRIPTION MATERIAL

CODE

QUANTITY ESTIMATED

DOLLAR VALUE

PERIOD OF

PERFORMANCE

A mechanism/machine that converts a minimum of 70 pounds and a maximum of 250 pounds of food waste into re-usable by-product within a prescribed period of time (no longer than 24 hours).

4250- N00000289

1 – ONE Units

45 Days from Contract Award Date

Transportation cost to Installation point/ On-Site Calibration/ Testing and Training. (See SOW)

Other Technical Requirements:

The Vendor shall provide a single point of contact who will be responsible for the entire project and coordination of team activities.

4250- N00000289

1 Person

45 Days from Contract Award Date

TOTAL COST:

PRICING TERMS: Firm Fixed Price

WARRANTY: The contractor shall furnish an additional 3 years warranty on all parts and labor, and services for this unit. The warranty shall commence upon completion of the installation.

PERIOD OF PERFORMANCE: 45 Days after award is made

SHIPMENT LOCATION:

Powidz Military Air Base, Bldg. 33, Powidz POLAND 62430

POC AT DELIVERY POINT:

SFC John O. Huston, Phone # 0048-511-425-555

SPE30019Q0016 12

FULL TEXT PROVISIONS AND CLAUSES

252.323-7006 Wide Area Workflow Payment Instructions

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area Work Flow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing:. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov;

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol or Payweb

(1) To access PayWeb, the vendor may go to the following site:

https://onronline.onr.navy.mil/payweb/

(2) For instructions on PayWeb payment request submission, please contact the office identified below:

(Contracting Officer: Insert applicable ONR Regional Office information)]

(f) WAWF payment instructions: The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s). 2 in 1 Type of Invoice Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location.

The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

SC0101

https://wawf.eb.mil/

SPE30019Q0016 13

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SPE300 Issue By DoDAAC SPE300 Admin DoDAAC SPE300 Inspect By DoDAAC SC0101 Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) SC0101 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5)WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. Miriam.Tannenbaum@dla.mil, (NOT Contracting Officer)

(6) WAWF point of contact.

(1)The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. MIRIAM TANNENBAUM, +49 172 3451589, (NOT Contracting Officer)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause).

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct

2016) DFARS

(a) Definitions. As used in this provision— mailto:Miriam.Tannenbaum@dla.mil

SPE30019Q0016 14

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident (OCT 2016)

(a) Definitions. As used in this clause— “Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or http://www.archives.gov/cui/registry/category-list.html

SPE30019Q0016 15

dissemination controls pursuant to and consistent with law, regulations, and Government wide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber-incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012

SPE30019Q0016 16

reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

(End of clause)

52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017)

52.212-02 Evaluation - Commercial Items (Oct 2014) Far

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

1) Factor 1 - "Technical Service Capability". To be technically acceptable, the Contractors shall provide "ISO 9001; 2015 Certification". In addition, the contractor shall provide a technical write up addressing the PWS including number of participants and schedule/timeline for audit process.

Factors 1 - "Technical Service Capability", will be rated in accordance with the following table

Factor 2 - "Past Performance Acceptability". To be technically acceptable, the Contractor shall submit with its offer at least two (2) but no more than four (4) previously awarded and completed contracts of similar size and scope that are deemed to meet recency, relevancy and quality requirements. For this acquisition, recency refers to contracts awarded and completed within the last three (3) years as of the closing date of the solicitation. Relevancy refers to contracts of similar size to this acquisition to ISO 9001:2015 Certification. Quality refers to contracts that were satisfactorily completed within their designated periods of performance. All submissions shall include the following information:

a. The name of the construction contract, and the contract ID number;

b. The name of the contracting agency or organization the contract was awarded by;

c. The date of the construction contract award, and the contract award amount in dollars;

d. The date of the construction contract completion, and the final contract amount, in dollars;

e. A brief description of the construction contract scope of work; and

f. Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

Factor 2, Past Performance Acceptability, will be rated in accordance with the following table:

SPE30019Q0016 17

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Note: Proposals that are not rated Technically Acceptable for all non-price factors will be removed from consideration.

Price. If a proposal has been determined acceptable, the Government will then evaluate the proposals for the lowest price. The proposal will be evaluated to determine whether the offeror's prices are realistic, accurate, and reasonable.

Award: In accordance with the LPTA procedures and the information contained in Sections L and M above, Contract Award will be made to the responsible vendor that offers the lowest priced Technically Acceptable Quote.

52.212-03 Offeror Representations And Certifications - Commercial Items (Jan 2017) Far An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquistion.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

“Inverted Domestic Corporation” as used in this section, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

SPE30019Q0016 18

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology” –

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

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

(ii) To disrupt, monitor, or otherwise restrict speech of the people or 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).

SPE30019Q0016 19

“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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at https://www.acquistion.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications— Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s)

SPE30019Q0016 20

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 on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas.

Check all that apply.

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

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

SPE30019Q0016 21

EDWOSB concern and other small businesses that are participating in the joint venture:

__________________________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

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

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

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is…