PWS_The_UTP_Geospatial_Data_Set_UTP_65-10.pdf

W5J9CQ-17-R-0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Set Sadah, Yemen

FFP

A003 FOB: Destination

MILSTRIP: W5K9B362923085

PURCHASE REQUEST NUMBER: W5K9B362923085

NET AMT

0002 1 Set Mayjarin, Iraq

FFP

A003 FOB: Destination

0003 1 Set Xebat, Iraq

FFP

A005

0004 1 Set Miran Shah, Pakistan

FFP

A006

0005 1 Set Ta'izz, Yemen

FFP

A007

0006 1 Set Marib, Yemen

FFP

A008

0007 1 Set Ad Duayn (Addien), Sudan

FFP

A009

0008 1 Set Al Gedaref, Sudan

FFP

A010

0009 1 Set Malakal, South Sudan

FFP

A011

0010 1 Set Alexandria Northeast, Egypt

FFP

A012

0011 1 Set Alexandria Southeast, Egypt

FFP

A013

0012 Set OPTION City Options

FFP

001201 Set OPTION Gejiu, China

FFP

A014

001202 Set OPTION Golmud, China

FFP

A015

001203 Set OPTION Gyangze, China

FFP

A016

001204 Set OPTION Guilin/Lingui, China

FFP

A017, Includes Lingui, China and Guilin/Lingui Airport.

001205 Set OPTION Haifeng, China

FFP

A018

001206 Set OPTION Hami, China

FFP

A019

001207 Set OPTION Hengyang, China

FFP

A020

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

THE UTP GEOSPATIAL DATA SET

UTP 65-10

Alexandria, Egypt; Mayjarin and Xebat, Iraq; Miran Shah, Pakistan; Malakal, South Sudan;

Ad Duayn (Addien) and Al Gedaref, Sudan; and Marib, Sadah, and Ta'izz, Yemen

With Optional Cities:

Gejiu, Golmud, Gyangze, Guilin, Haifeng, Hami, Hengyang, and Lingui, China

11 January 2017

1.0 PURPOSE

The Army has a validated requirement to obtain this type of geospatial information. The purpose of this document is to acquire contractor support services through a Firm Fixed-Price contract to generate Urban Tactical Planner (UTP) geospatial datasets for the specified areas for the Army Geospatial Center (AGC).

2.0 BACKGROUND

2.1 In 1994 the Defense Science Board (DSB) handed down a directive to investigate MOUT (Military Operations on Urban Terrain) support to the warfighter. The US Army Geospatial Center (AGC) has designed a user-friendly, flexible geospatial information and services tool in the form of an Urban Tactical Planner (UTP). The UTP is an operational geospatial dataset for the urban environment that is capable of functioning as an aid in decision-making when dealing with urban terrain. The UTP supports MOUT, Military Operations other than War (MOOTW), threat assessment, and humanitarian support among other applications.

2.2 The geospatial dataset entails mapping certain terrain and cultural features which have an impact on the urban setting, such as forested areas, ridge lines, drainage features, power lines, various key buildings (as determined from ancillary source), transportation network and bridges. Building areas of similar form and function are grouped as homogeneous polygons called Built-up Terrain Zones (BTZ’s). Additional information is provided for each BTZ to give an indication of the function (e.g. residential) and ease of mobility in the polygonal area (e.g. detached buildings with open space are indicative of favorable mobility between structures by mounted and dismounted infantry). AGC employs both in-house and out-of-house capabilities for the creation of this dataset, deliverable in digital format. The UTP Digitizing Field Guide, Standard Operating Procedures, and Specifications (hereafter referred to as the UTP Field Guide), 17 March 2016 (or later as revised), will be the current guidance, provided upon request.

3.0 SCOPE

3.1 This Performance Work Statement (PWS) addresses the support services required to generate Urban Tactical Planner (UTP) geospatial datasets for the specified areas for the Army Geospatial Center (AGC).

3.2 Dataset Specifications shall be consistent with those of the UTP Field Guide dated 17 March 2016 (or later as revised) and related documents.

3.3 The Contractor shall conduct and track Quality Control (QC) measures for all phases of data set generation and adhere to the approved QC controls. The contractor must provide a Quality Control Plan (QCP) as a part of their submission. This QCP may be included as part of the technical proposal or as a stand-alone document. The QCP shall address how the offeror plans to effectively ensure the quality of their services stated in the PWS.

4.0 PLACE AND PERIOD OF PERFORMANCE

4.1 Place of performance: All work shall be performed at the contractor’s site. No travel is required for this contract.

4.2 DELIVERY SCHEDULE: Also see DELIVERY INFORMATION Section.

The period of availability to exercise optional cities (option sub-CLINs under CLIN 0012) expires 30 September 2017. A kick-off, via telephone, will be conducted within 10 days of the project award.

Notification of the start of each city may be made via the monthly report as well as anticipated delivery schedule (See 6.3 below).

5.0 REFERENCE DOCUMENTS

5.1 Minimum necessary Government Furnished Information (GFI) shall be provided to the Contractor prior to commencing work. This minimum necessary GFI is digital and consists of shape files of the mosaicked base image(s) outlines, a readme file with base image parameters, the base image(s) in geo-tiff, and, as available for the AOI, JOG(s), TLM(s), city graphic(s), and SRTM2f all in geo-tiff. Additional GFI (such as hardcopy maps or tourists guides) may become available after award to assist in the extraction of the dataset. Although not presented to the contractor as formal GFI hand-off, the recommendations in the UTP Field Guide for the use of the myriad of internet resources is not only encouraged but expected, e.g. Google Earth, NGA.

5.2 The UTP Field Guide, 17 March 2016, (or later as revised) will be provided as the current guidance.

Previously completed UTPs may be referenced for sense of feature display and density; these are available through the AGC PKI website. Prior discussions with and guidance provided by the Government concerning the extraction and portrayal of UTP data will also be used for the cities on this contract.

5.3 After contract award, the government (AGC) will also provide the required personal geodatabase template, the Analyst Template referred to in the UTP Field Guide, for extraction. The contractor may make changes in the template only at the direction of the government and as specified in the UTP Field Guide; primarily, this is the source field in the template.

6.0 CONTRACT OBJECTIVES

6.1 The Contractor shall use all Analytical SOPs and GFI provided by the Government for the analysis and generation of the UTP geospatial datasets for each of the areas specified below in paragraph 7.0.

UTP data set specifications shall be consistent with those of the UTP Field Guide and related documents. The current order of priority is that listed below. The contractor is only responsible for the Level III and IV data extraction described in the UTP Field Guide. Further, the specific road layer-type to be extracted is standard. Should the coordinates below not match the supplied image base, the contractor will immediately contact the COR or the contract monitor prior to commencing any effort on that city.

6.2 The UTP geospatial datasets will be delivered in ArcGIS Geodatabase format (ArcGIS 10 is acceptable) along with all base images, maps, and DTED, or SRTMf, as integral data layers ready to go to the finishing routine, per the UTP Field Guide.

6.3 Materials expected within a deliverable include the UTP dataset for the specified study area delivered on CD-ROM or DVD(s). Electronic delivery via AMRDEC will be considered on a case-by-case basis.

City datasets should be submitted prior to the delivery date as part of phased submittals. The contractor shall develop a work plan that provides a schedule of submittal deliveries over the course of contract performance to demonstrate a progression of work. The final submittal will allow the government sufficient time (30 calendar days) to adequately provide comment prior to the develivery date. This work shall be coordinated with the COR/contract monitor.

6.4 The Contractor shall demonstrate a final, not a draft, version of the UTP prior to the Contract completion date. The Government will review and critique the delivered UTP. The Contractor shall incorporate 100% of the Government's requests for changes in the UTP dataset consistent with the current UTP Field Guide and related guidance. The contractor will ONLY make the corrections called for; the contractor will make no other additions or deletions to the data set without permission from the COR/contract monitor.

6.5 The Contractor shall have experience in providing expertise in the use of Earth Resources Data Analysis System (ERDAS) Imagine and Environmental Systems Research Institute (ESRI) ArcGIS software and associated modules to capture spatial and attribute data in the analysis and compilation of military terrain (both natural and urban), water resources, and environmental data (or similar studies).

Datasets may be extracted in a higher version than specified in the UTP Field Guide; however, only the version specified in the UTP Field Guide will be submitted unless coordination is made prior to the start of extraction as to an acceptable format change. In addition to the extracted version of the data base (e.g.

10.2) a version ArcGIS 10.0 will also be submitted.

6.6 The Contractor shall have experience and expertise in providing support with data management and dissemination: skilled in Windows, able to manipulate data files, proficient in ArcGIS, basic image and map manipulation, possess a basic understanding of databases and data management, and be familiar with National Geospatial Intelligence Agency (NGA) and other common geospatial data formats.

6.7 At this time, the contractor's thorough knowledge of Enterprise Geodatabases in a Microsoft Structured Query Language (SQL) and Spatial Database Engine (SDE) environment is not a requirement for UTP generation but will be in the future.

6.8 The Contractor shall deliver a monthly status report, due by the 15th of the following month. A final report will be delivered 15 days after completion of this contract.

6.9 All deliverables shall be submitted using the following address:

U.S. Army Corps of Engineers Army Geospatial Center

ATTN: CEAGC-WST (John C. Jens or Elisa Carmona) Bldg. 2592A 7701 Telegraph Road Alexandria, VA 22315-3864

6.10 Level of Classification:

Unless specified differently by AGC, this Contract will utilize and generate unclassified data with a caveat of “LIMDIS, Destroy as FOUO.” Labeling instructions and examples will be provided. Materials and data obtained through the use of a classified system shall not cause the data set to become classified higher than described here. If necessary, separate guidelines and handling instructions may be issued by the Contract Monitor, which describe the methods used in the display of extracted information.

Appropriate security procedures will be used to insure that classified material is protected at its appropriate level. If the inclusion of classified data is required, the contractor shall contact the Contract Monitor for instructions of how to proceed. All unclassified data will be protected using operational security procedures.

7.0. PERFORMANCE REQUIREMENTS: Per paragraphs 3.0, 4.0, 5.0, and 6.0 the Contractor shall use all GFI provided by the Government for the analysis and generation of the UTP geospatial datasets for each of the specified areas below.

8.0 INVOICING and PAYMENT: Progress payments will not be authorized. Contractor shall invoice and the Government will pay by each CLIN, each complete dataset, that the Government has completed final inspection and acceptance.

CCIITTYY CCOOOORRDDIINNAATTEESS LLEEVVEELL

Upper Left Lower Right IIIA IIIB IVA IVB CDRL

Sadah, Yemen 17 01 29N 043 38 56E 16 52 27N 043 50 10E X X X X A003

Mayjarin, Iraq 36 31 21N 042 31 57E 36 19 17N 042 48 39E X X X X A004

Xebat, Iraq 36 19 11N 043 35 48E 36 13 25N 043 45 12E X X X X A005

Miran Shah, Pakistan 33 04 10N 069 55 35E 32 55 36N 070 09 14E X X X X A006

Ta'izz, Yemen 13 47 38N 043 55 13E 13 30 50N 044 11 22E X X X X A007

Marib, Yemen 15 34 55N 045 14 02E 15 20 59N 045 28 10E X X X X A008

Ad Duayn (Addien), Sudan 11 30 35N 026 04 34E 11 22 59N 026 11 17E X X X X A009

Al Gedaref, Sudan 14 07 19N 035 15 03E 13 57 20N 035 29 21E X X X X A010

Malakal, South Sudan 09 37 58N 031 36 24E 09 26 35N 031 44 27E X X X X A011

Alexandria Northeast, E t

31 22 35N 029 41 24E 31 05 35N 030 13 15E X X X X A012

Alexandria Southeast, E t

31 05 35N 029 29 00E 30 49 33N 029 57 05E X X X X A013

OOPPTTIIOONN CCIITTYY

Gejiu, China 23 26 31N 103 05 31E 23 18 03N 103 12 44E X X X X A014

Golmud, China 36 29 41N 094 43 57E 36 18 30N 095 04 45E X X X X A015

Gyangze, China 28 58 37N 089 32 30E 28 51 41N 089 43 52E X X X X A016

Guilin/Lingui, China 25 26 50N 110 13 22E 25 04 09N 110 27 17E X X X X A017

Lingui, China 25 18 28N 110 05 25E 25 08 50N 110 13 22E X X X X A017

Guilin/Lingui Airport 25 15 12N 109 59 55E 25 11 16N 110 05 25E X X X X A017

Haifeng, China 23 02 27N 115 14 23E 22 54 14N 115 25 03E X X X X A018

Hami, China 42 56 22N 093 20 16E 42 45 01N 093 41 56E X X X X A019

Hengyang, China 26 57 39N 112 31 53E 26 46 43N 112 43 39E X X X X A020

8.0. PERFORMANCE STANDARDS:

DELIVERABLE STANDARD METRIC

Quality Control Plan – PWS 3.3

Implements procedures to identify, prevent, and ensure non-recurrence of analysis errors/defects

Peformance consistent with government- approved quality control (QC) program, which meets the data requirements and format of the UTP Field Guide.

Standard Operating Procedures (SOP) and UTP Field Guide

Specifications followed to result in 100% compliance.

Work Plan - PWS 6.3

Schedule of submittal deliveries

Schedule allows sufficient time to accomplish all items specified in the contract PWS and UTP Field

Guide.

Approval (with revisions as necessary). Finalized NLT 10 days after schedule first submitted.

Monthly Report PWS 6.8

Monthly status reports

Content shall include the current status of work (including percent completed), and any delays, analysis extraction issues, and/or quality control issues.

No deviation. Content includes one hundred percent (100%) of standard information requested.

Data Set Review PWS 6.0

Data set delivered.

Data set meets the requirements and format of the UTP Field Guide

No deviation from the Standard Operating Procedures (SOP) and UTP Field Guide Specifications.

Revised Data set PWS 6.4

Revised data set delivered.

Data set revised and all errors/defects identified by the government during the review stage corrected.

No deviation. One hundred percent (100%) of all errors/defects identified by the government during review corrected.

Final Data set PWS 6.4

Timely Delivery of Final data set

Data set delivered within schedule provided in Contractor’s Work

Plan. Any adjustment to schedule has been identified early and approved contract monitor.

Data sets are delivered within the Period Of Performance.

Data set Quality PWS 6.3

Quality of delivered data set

Geospatially correct and projected within correct coordinate system as per project requirements. Root cause analyses/Non-conformances reported & Accepted (Insurance that all data sets, digital pictures, and supporting document files are supplied to completely support all findings and conclusions of the final data set per UTP Field

Guide.)

UTP Finishing Routine results in accepable data set. Accuracy and supporting documentation represent 100% Compliance.

AT/OPSEC Training PWS 6.10 and Standard Clause Texts

Required training conducted and train-ing plan for replacement individuals All (100%) personnel received the required briefing

9.0 Attachments: 22 CDRLs, A

ATTACHMENT A: AT/OPSEC STANDARD CONTRACT PROVISION AND CLAUSE TEXT:

1. "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

2a. “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

4. "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

5. "All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."

6. "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."

7. "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

8. "All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment."

15. "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award."

17. "All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web-based TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474"

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 001201 N/A N/A N/A Government 001202 N/A N/A N/A Government 001203 N/A N/A N/A Government 001204 N/A N/A N/A Government 001205 N/A N/A N/A Government 001206 N/A N/A N/A Government 001207 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 31-AUG-2017 1 W6RN USA GEOSPATIAL CTR

CONTRACTING DIVISION

7701 TELEGRAPH RD BLDG 2592

ALEXANDRIA VA 22315-3864

7034283662

W5J9CQ

0002 31-AUG-2017 1 N/A

0003 31-AUG-2017 1 N/A

0004 31-AUG-2017 1 N/A

0005 31-AUG-2017 1 N/A

0006 31-AUG-2017 1 N/A

0007 31-AUG-2017 1 N/A

0008 31-MAR-2018 1 N/A

0009 31-MAR-2018 1 N/A

0010 31-MAR-2018 1 N/A

0011 31-MAR-2018 1 N/A

0012 N/A N/A N/A N/A

001201 11 mths. ADC N/A

001202 11 mths. ADC N/A

001203 11 mths. ADC N/A

001204 11 mths. ADC N/A

001205 11 mths. ADC N/A

001206 11 mths. ADC N/A

001207 11 mths. ADC N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-6 Drug-Free Workplace MAY 2001 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-0009 Contract-wide: by Fiscal Year SEP 2009 252.204-0010 Contract-wide: by Cancellation Date SEP 2009 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.215-7008 Only One Offer OCT 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy

Property

APR 2012

CLAUSES INCORPORATED BY FULL TEXT

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 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.

(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.

(End of provision)

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

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

Basis for Award:

1) Technical: approach, specialized experience, and competence.

2) Past performance.

3) Price.

Technical and past performance, when combined, are more important than price.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 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 --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

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

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

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

395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“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 populations of Sudan;

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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…