W56HZV-18-R-L275_DRAFT_Combined_Synopsis_and_Solicitation_Dassault.pdf

W56HZV18RL275

Combined Synopsis and Solicitation

Dassault Software Licenses

I. INTRODUCTION

A. 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; quotations are being requested and a written solicitation will not be issued.

B. The combined synopsis and Request for Quotation (RFQ) number is: W56HZV18RL275

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular (FAC) 2005-98, (16 July 2018).

D. Small Business Set-Aside: NO

E. Posting Date: 30 August 2018

F. Response Date: 03 September 2018 at 4:00 PM local Warren, MI time.

G. Contracting Office: Army Contracting Command - Warren (ACC-WRN) 6501 E. Eleven Mile, Warren, MI

48397.

H. The NAICS code applicable to this acquisition is 511210 with a size standard of $38,500,000. Offeror must be certified under this NAICS code prior to receiving an award. This solicitation will result in only one (1) award.

I. This Combined Synopsis Solicitation contains clauses and provisions requiring a fill-in or representation. Offeror shall submit a copy of this Combined Synopsis Solicitation with their quote and respond to these clauses and provisions accordingly. A failure to complete these fill-ins may cause your offer to be determined ineligible for award.

J. Basis for award- The proposed contract action is for supplies for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b)(1). Interested persons may identify their interest and capability to respond to the requirement or submit proposals before the closing date of this solicitation. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

II. GENERAL REQUIREMENT

A. The U.S. ARMY TANK AUTOMOTIVE RESEARCH DEVELOPMENT AND ENGINEERING CENTER in

Warren, Michigan has a requirement for Dassault Simulia Abaqus licenses and software support. Please refer to the individual line items in the text within the document.

B. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS).

C. Quotes must be received by ACC-WRN no later than 03 September 2018. Email offers to mathew.m.stocker.civ@mail.mil. Offeror must be registered in System for Award Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/portal/public/SAM/.

D. Questions are requested via email ONLY and addressed to Mathew Stocker, email: mathew.m.stocker.civ@mail.mil.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P263_45123 https://www.sam.gov/portal/public/SAM/

LOCAL NARRATIVES:

Electronic Contracting

(a) All Army Contracting Command – Warren solicitations will be publicized on the Federal Business Opportunities website (https://www.fbo.gov). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI

BRS) may be deemed non-responsive.

(c) Requirements for the online FBO bid submission:

(1) Vendors must log into the FBO System to be able to submit electronic responses for opportunities.

(2) Vendors must be registered in the System for Award Management (SAM) at www.sam.gov (a Federal

Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification

Number (MPIN).

(3) Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.

(4) FBO will send an email to vendor’s registered email address confirming the electronic submission.

(5) For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor

Guide – Section 4.3.1 “Submitting an Electronic Response”

(https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).

Note to offerors:

(d) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(e) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean

ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

(f) Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(g) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by

Executive Order 12600 (June 23, 1987) of the Government’s intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is defined as the contract price per http://www.sam.gov/ http://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf) unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or

Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the

Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(h) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.

ACKNOWLEDGEMENT OF AMENDMENTS

Acknowledge all the amendments received from the Government by identifying the amendment number and its issue date below:

Amendment Number: Date:

ALL OR NONE-COMMERCIAL ITEM ACQUISITION

(a) This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTIONS

TO OFFERORS--COMMERCIAL ITEMS. Paragraph (h) is modified to say that the proposal or quote must offer to provide the total quantity of the items in this solicitation.

(b) Only one award will be made as a result of this solicitation. Offers submitted for less than the total quantities of all the items in this solicitation will NOT be considered for award.

METHOD OF PRICE EVALUATION

(a) The unit price for each year will be multiplied by the estimated annual requirement for the corresponding year, and the results for each year added together to produce the evaluated price for the total maximum quantity. Based on this method of evaluation, award will be made to the responsible offeror whose offer represents the lowest evaluated price, or, if applicable, represents the Best Value to the Government as outlined elsewhere in this solicitation.

(b) If this solicitation contains quantities to be shipped FOB Origin, transportation cost will be evaluated as specified in paragraph EVALUATION OF TRANSPORTATION COSTS in this Section, and award will be made to the responsible offeror whose offer represents the lowest evaluated price including transportation costs, or, if applicable, represents the Best Value to the Government as outlined elsewhere in this solicitation.

SECTION 508 CONFORMANCE

(a) Under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce

Investment Act of 1998 (P.L. 105-220), August 7, 1998, federal agencies must give disabled employees and members of the public access to electronic information that is comparable to the access available to others. Section

508 requires that federal agencies' electronic and information technology (EIT) be accessible to people with disabilities. All EIT products and services purchased under this contract must conform to the Section 508 law by meeting all applicable accessibility standards.

(b) The applicable accessibility standards are indicated in the Statement of Work and/or CLINs. Only the standards referenced in the Statement of Work and/or CLINs apply to this contract.

(c) A summary of the accessibility standards can be found at http://www.section508.gov/summary-section508-standards. However, for compliance under the terms of this contract, the contractor shall ensure that all products and service comply with the applicable accessibility Technical Standards.

USE OF CLASS I and CLASS II OZONE DEPLETING SUBSTANCES

(a) Definitions.

(1) Class I and Class II Ozone-Depleting Substances (CIODS) refers to the class of substances identified in

Section 602(a) of the Clean Air Act, (42 U.S.C. 7671a(a)), complete list provided at:

http://www.epa.gov/ozone/science/ods/index.html

(2) Directly requires the use of CIODS means that the Government's specification or technical data package, at any tier, explicitly requires the use of any Class I Ozone-Depleting Substance (CIODS) in performance of the contract.

(3) Indirectly requires the use of CIODS means that the Government's specification or technical data package, while not explicitly requiring the use of any CIODS, does require a feature that the contractor can meet or produce only by the use of CIODS.

(b) Per Section 326 of Public Law 102-484, the Army cannot award any contract that directly or indirectly requires the use of CIODS without the approval of the Senior Acquisition Official, per current Army Policy the approval authority is the Army Acquisition Executive. Thus, no CIODS shall be used in meeting the requirements of this contract. If the use of CIODS is required in the performance of this contract, please notify the Contracting Officer immediately in writing.

(c) No Class II Ozone Depleting Substances shall be required in the performance of this contract without government approval. If the use of Class II ODS is required in the performance of this contract, please notify the

Contracting Officer immediately in writing.

http://www.section508.gov/summary-section508-

AMOUNT

SIMULIA Abaqus Extended Tokens

FFP

SIMULIA Abaqus Extended Tokens

Period of Performance: 01 October 2018 to 30 September 2019

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MFR PART NR: 5TP-QXT-YLC

PSC CD: 7030

NET AMT

SIMULIA Abaqus/CAE Extended

SIMULIA Abaqus/CAE Extended

Period of Performance: 01 October 2018 to 30 September 2019

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MFR PART NR: 5CP-QAX-YLC

PURCHASE REQUEST NUMBER: 0011212668

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 76 Each

0002 6 Each

SIMULIA Verity Module in fe-safe

SIMULIA Verity Module in fe-safe

Period of Performance: 01 October 2018 to 30 September 2019

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MFR PART NR: 5CP-QF8-YLC

SIMULIA Abaqus Extended Tokens

SIMULIA Abaqus Extended Tokens

Period of Performance: 01 October 2018 to 30 September 2019

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MFR PART NR: 5TP-QXT-ALC

0003 1 Each

0004 8 Each

SIMULIA Abaqus/CAE Extended

SIMULIA Abaqus/CAE Extended

Period of Performance: 01 October 2018 to 30 September 2019

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MFR PART NR: 5CP-QAX-ALC

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 76 Each OPTION SIMULIA Abaqus Extended Tokens OY 1

FFP

SIMULIA Abaqus Extended Tokens Option year 1

Period of Performance: 01 October 2019 to 30 September 2020

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0005 2 Each

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 6 Each OPTION SIMULIA Abaqus/CAE Extended OY 1

FFP

SIMULIA Abaqus/CAE Extended Option year 1

Period of Performance: 01 October 2019 to 30 September 2020

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

MFR PART NR: 5CP-QAX-YLC

1003 1 Each OPTION SIMULIA Verity Module in fe-safe OY 1

FFP

SIMULIA Verity Module in fe-safe Option year 1

Period of Performance: 01 October 2019 to 30 September 2020

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

1004 8 Each OPTION SIMULIA Abaqus Extended Tokens OY 1

FFP

SIMULIA Abaqus Extended Tokens Option year 1

Period of Performance: 01 October 2019 to 30 September 2020

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

1005 2 Each OPTION SIMULIA Abaqus/CAE Extended OY 1

FFP

SIMULIA Abaqus/CAE Extended Option year 1

Period of Performance: 01 October 2019 to 30 September 2020

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

2001 76 Each OPTION SIMULIA Abaqus Extended Tokens OY 2

FFP

SIMULIA Abaqus Extended Tokens Option year 2

Period of Performance: 01 October 2020 to 30 September 2021

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

2002 6 Each OPTION SIMULIA Abaqus/CAE Extended OY 2

FFP

SIMULIA Abaqus/CAE Extended Option year 2

Period of Performance: 01 October 2020 to 30 September 2021

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

2003 1 Each OPTION SIMULIA Verity Module in fe-safe OY 2

FFP

SIMULIA Verity Module in fe-safe Option year 2

Period of Performance: 01 October 2020 to 30 September 2021

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

2004 8 Each OPTION SIMULIA Abaqus Extended Tokens OY 2

FFP

SIMULIA Abaqus Extended Tokens Option year 2

Period of Performance: 01 October 2020 to 30 September 2021

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

2005 2 Each OPTION SIMULIA Abaqus/CAE Extended OY 2

FFP

SIMULIA Abaqus/CAE Extended Option year 2

Period of Performance: 01 October 2020 to 30 September 2021

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

3001 76 Each OPTION SIMULIA Abaqus Extended Tokens OY 3

FFP

SIMULIA Abaqus Extended Tokens Option year 3

Period of Performance: 01 October 2021 to 30 September 2022

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

3002 6 Each OPTION SIMULIA Abaqus/CAE Extended OY 3

FFP

SIMULIA Abaqus/CAE Extended Option year 3

Period of Performance: 01 October 2021 to 30 September 2022

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

3003 1 Each OPTION SIMULIA Verity Module in fe-safe OY 3

FFP

SIMULIA Verity Module in fe-safe Option year 3

Period of Performance: 01 October 2021 to 30 September 2022

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

3004 8 Each OPTION SIMULIA Abaqus Extended Tokens OY 3

FFP

SIMULIA Abaqus Extended Tokens Option year 3

Period of Performance: 01 October 2021 to 30 September 2022

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

3005 2 Each OPTION SIMULIA Abaqus/CAE Extended OY 3

FFP

SIMULIA Abaqus/CAE Extended Option year 3

Period of Performance: 01 October 2021 to 30 September 2022

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government 0004 Destination Government Destination Government

0005 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government 3005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-OCT-2018 76 TARDEC - DETROIT ARSENAL

TARDEC

65011 E. 11 MILE ROAD

WARREN MI 48397

FOB: Destination

W91ATL

0002 01-OCT-2018 6 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

0003 01-OCT-2018 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

0004 01-OCT-2018 8 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

0005 01-OCT-2018 2 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

1001 01-OCT-2019 76 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

1002 01-OCT-2019 6 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

1003 01-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

1004 01-OCT-2018 8 (SAME AS PREVIOUS LOCATION)

W91ATL

1005 01-OCT-2019 2 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

2001 01-OCT-2020 76 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

2002 01-OCT-2020 6 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

2003 01-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

2004 01-OCT-2020 8 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

2005 01-OCT-2020 2 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

3001 01-OCT-2018 76 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

3002 01-OCT-2021 6 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

3003 01-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

3004 01-OCT-2021 8 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W91ATL

3005 01-OCT-2021 2 (SAME AS PREVIOUS LOCATION)

W91ATL

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government OCT 1995

(Sep 2006) -- Alternate I

52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions

52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014

52.204-6 Unique Entity Identifier OCT 2016

52.204-7 System for Award Management OCT 2016

52.204-7 System for Award Management OCT 2016

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications.

52.204-22 Alternative Line Item Proposal JAN 2017

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving

52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials

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

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of and shall not be binding until so approved.

(End of clause)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

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

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

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

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

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF http://www.acquisition.gov/

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

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

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

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

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

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

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

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

Additional copies will be issued for a fee.

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

(i) ASSIST (https://assist.dla.mil/online/start/).

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

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

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

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

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

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

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

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

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

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

http://quicksearch.dla.mil/) http://www.sam.gov/ http://www.sam.gov/

(4) A summary of the rationale for award;

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

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

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR

15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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-http://www.sam.gov/portal

(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;

(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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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…