Solicitation_-_Sakai_KO_approved.pdf

Sakai Consulting Services W9124N‐18‐Q‐0027 Request for Quote

SECTION A ‐ SOLICITATION INFORMATION

1. NAICS CODE: 541519 ‐ Other Computer Related services

SIZE STANDARD: $27.5M

2. PROCUREMENT SET‐ASIDE: 100% Small Business

3. This solicitation will result in a Firm Fixed Price Contract

4. This solicitation is issued in accordance with FAR Part 13

5. QUOTES DUE BY: No later than 1:00 pm PST on Thursday, 6 September 2018

6. See FAR 52.212‐1, Instructions to Offerors – Commercial Items, for submission requirements.

See FAR 52.212‐2, Evaluation – Commercial Items, for basis for award selection.

7. ITEMS TO BE PURCHASED: Sakai Consulting Services in accordance with attached Performance Work Statement (PWS). See list of items in Section B for full details. Brand name only J&A attached separately.

8. Period of Performance: Base plus four (4) option years

Base Year: 17 September 2018 to 16 September 2019

Option Year 1: 17 September 2019 to 16 September 2020

Option Year 2: 17 September 2020 to 16 September 2021

Option Year 3: 17 September 2021 to 16 September 2022

Option Year 4: 17 September 2022 to 16 September 2023

9. DELIVER TO:

Presidio of Monterey, CA 93944‐3402

FOB: Destination

10. Point of contact for this solicitation is:

Jonathan Iverson

Phone: (831) 242‐6560

Email: Jonathan.f.iverson.civ@mail.mil

(End of solicitation Information)

Request for Quote

SECTION B – PRICING SCHEDULE

1. Items to be quoted are Brand‐name only.

2. Please fill in the unit price and total amount for each Contract Line Item Number (CLIN), for the Base Year and each Option Year (OY), and supply a copy of this Section B in quote.

CLIN

Description

Quantity

Unit of Measure

Unit Price

Total

Amount

Base Year Sakai Consulting, Support, and Professional Services Period of Performance: 17 Sept 2018 to 16 Sept 2019

Hours

Base Year Contractor Manpower Reporting Contractor shall report all Contractor Manpower required for performance of this contract. For additional information, please refer to the CMR User's Guide at the website provided in Performance Work Statement Paragraph 6. Reporting must be completed prior to submission and approval of invoice, but no later than October 31st for services performed in Base Year.

Job

Option Year 1

Period of Performance: 17 Sept 2019 to 16 Sept 2020

Option Year 1

Contractor shall report all Contractor Manpower required for performance of this contract. For additional information, please refer to the CMR User's Guide at the website provided in Performance Work Statement Paragraph 6. Reporting must be completed than October 31st for services performed in OY1.

Option Year 2

Period of Performance: 17 Sept 2020 to 16 Sept 2021

Option Year 2

Contractor shall report all Contractor Manpower required for performance of this contract. For additional information, please refer to the CMR User's Guide at the website provided in Performance Work Statement Paragraph 6. Reporting must be completed than October 31st for services performed in OY2.

Option Year 3

Period of Performance: 17 Sept 2021 to 16 Sept 2022

Option Year 3

Contractor shall report all Contractor Manpower required for performance of this contract. For additional information, please refer to the CMR User's Guide at the website provided in Performance Work Statement Paragraph 6. Reporting must be completed than October 31st for services performed OY3.

Option Year 4

Period of Performance: 17 Sept 2022 to 16 Sept 2023

Option Year 4

Contractor shall report all Contractor Manpower required for performance of this contract. For additional information, please refer to the CMR User's Guide at the website provided in Performance Work Statement Paragraph 6. Reporting must be completed than October 31st for services performed in OY4.

Total Amount: $

PERFORMANCE WORK STATEMENT (PWS)

Sakai Consulting and Professional Services

FY18

Defense Language Institute Foreign Language Center (DLIFLC)

8/28/2018

1. GENERAL: This is a personal services contract to provide the Defense Language Institute Foreign Language Center (DLIFLC) with Sakai Learning Management System (LMS) consulting and professional services for base plus four (4) option years. This will affect all faculty, students and staff ability to access, host online courses, perform exams etc. This shall support the desire providing expertise support for DLIFLC hosted Sakai LMS solution by providing remote/online consultation, remote/online software support, and expertise remote professional repair services.

1.1 Description of Services/Introduction: The Contractor shall provide DLIFLC with a pool of consulting and Tier 2 & 3 professional support hours for Sakai LMS IT services related to the DLIFLC hosted Sakai 11+ environment(s). The pool of hours is not to exceed 300 work hours. These hours will be used at the direction of DLIFLC. This is an offsite services contract only.

1.2 Background: DLIFLC is hosting Sakai LMS version 11+. Sakai is design to meet the needs of higher education. Conceived as an alternative to rigid, business-driven proprietary systems, Sakai provides a flexible, innovative platform for online learning. With development driven by a broad, global community of adopters and commercial affiliates, Sakai delivers powerful functionality while remaining true to its nature as 100% open-source. The built-in collaboration tools available in Sakai support the needs of DLIFLC faculty members worldwide. These range from traditional courses with online components such as resource management and forum-based discussion to more advanced online approaches such as flipped classrooms and fully-online teaching. Sakai also includes dedicated project work sites, which allow organizations and project teams to coordinate project administration, share resources, schedule activities, develop collaborative work products and track progress towards completion. These project collaboration spaces are widely used by student groups, faculty committees, thesis committees, strategic planning teams, re-accreditation teams and others tasked with important projects beyond the classroom.

1.3 Objectives: To provide up to 300 hours of Tier 2 & 3 support and consultation for DLIFLC Sakai LMS version 11+. The objective is to reduce LMS IT downtime and improve the overall life of the Sakai LMS at DLIFLC’s classrooms worldwide. Consulting services help in advising DLIFLC IT organization on how to take full advantage of Sakai to meet DLIFLC mission. As the open source community continues to make enhancements and adjustments to the project, new Sakai versions are released. Professional services offer an ease of migration to the newest release of the software.

Immediate access to the highest level of expertise and technical support. It will reduce costs to the government and reduce lost teaching time in the classroom and online.

1.4. Scope: Services include the following:

300 hours per contract year of Sakai consultation and professional services

8am-5pm (Pacific Time) Support hours

2 hour qualified response time

Phone/Web support

Remote expert access (level2-4)

1.4.1 Consulting: The vendor provides expert advice and guidance through every stage of a project, ensuring successful project delivery.

• Assist DLIFLC to bring new Sakai LMS products, services, and ideas to the DLIFLC community faster and more efficiently.

• Provides implementation planning, installation, technical configuration, and branding services.

• As the open source community continues to make enhancements and adjustments to the project, new versions are released. Vendor services will aid ease of migration to the newest release of the software.

1.4.2 Professional Services:

Vendor will provide DLIFLC with a pool of consulting hours for IT services related to the DLIFLC Sakai 11+ environment(s). These hours will be used at the direction of DLIFLC. The following are some of the activities for which these hours will be used, but this is not meant to be a comprehensive list.

- Assistance with Sakai front-end admin deployment

- Sakai Solution Delivery Services

- Sakai System Administration Training

- Mobile-ready navigation integration

- Responsive design optimized for desktop, tablet, and mobile screens

- Functional enhancements, including a breadcrumb navigation bar and a simplified process for managing favorites sites

- SCORM Player

- OpenMeetings Integration

- Adobe Connect Integration

- Site Activity Dashboard

- Event Signup

- Course and Project Evaluations

- Test Center

1.4.3 For items that can be clearly defined as projects, vendor will provide a description of the deliverables related to that work package and an estimate of the time required for the work. These deliverables and estimates will be reviewed by DLFLC and vendor to allow for prioritization of effort and approval of item tabled for the next period. DLIFLC’s prior written approval is required before the commencement of any work package

1.4.4 Equipment and Resources to be provided by DLIFLC: DLIFLC shall cooperate with vendor by making available the necessary remote resources so that vendor may perform its obligations under this Performance Work Statement. DLIFLC shall dedicate one or more resources as the point-of-contact for all aspects of the support.

1.4.5 Remote Access: Vendor will perform the services listed in this scope unless noted otherwise.

Therefore, vendor must have sufficient remote access to the systems consulted upon to provide the proposed services. This access may take the form of shell accounts, VPN credentials, and access to source control, or other access as may be required to perform these efforts.

1.4.6 Vendor shall not exceed 300 support hours per contract year without approval from the Contracting Officer via a written modification to the contract.

1.4.7 Reports: The Contractor shall provide the following:

1.4.7.1 Quarterly Reports regarding the latest and secure Sakai LMS version.

1.4.7.2 Monthly Reports regarding task status.

1.4.8 Travel is not authorized.

1.5. Period of Performance (PoP):

Base year: 17 September 2018 to 16 September 2019 Option year 1: 17 September 2019 to 16 September 2020 Option year 2: 17 September 2020 to 16 September 2021 Option year 3: 17 September 2021 to 16 September 2022 Option year 4: 17 September 2022 to 16 September 2023

1.6. General Information: Sakai Learning Management System consultation and professional services.

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-4, Inspection of Services – Fixed Price).

1.6.2. Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed IAW the requirements of the contract.

1.6.3. Federal Government Holidays:

New Year’s Day 2nd day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 10th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.4. Hours of Operation for POM: The Contractor will not ever be on Post to perform repairs.

Services and consultation will be performed at the Contractor’s specified location.

1.6.5. Place of Performance: The work to be performed under this contract will be performed at the Contractor’s location.

1.6.5.1. Sakai LMS Open Source Project: https://www.sakaiproject.org/

1.6.6. Type of Contract: The Government will award a Firm Fixed Price contract.

1.6.7. Security Requirements: No access to base. Contractor will do services off-site.

1.6.7.1. Physical Security: The Contractor shall be responsible for safeguarding all Government equipment when in their physical custody. Contract will be an off-site services contract.

1.6.7.2. Key Control. NA

1.6.7.3. Lock Combinations. N/A

1.6.7.4. Key-pad Access Control. N/A

1.6.8. Special Qualifications: The contractor shall ensure Sakai LMS open source engineers perform all services work under this contract.

1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity IAW Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the Government will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR will ensure the Contractor performs the requirements of this contract; perform inspections as necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract and monitor Contractor's performance and notify both the KO and Contractor of any deficiencies. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11. Key Personnel: DLIFLC Director of IT Support

1.6.12. Identification of Contractor Employees: NA

1.6.13. Supervision of Contractor Employees: NA

1.6.14. Contractor Travel: NA

1.6.15. Other Direct Costs: NA

1.6.16. Organizational Conflict of Interest (OCI): NA

1.6.17. Anti-Terrorism (AT) Level I Training. N/A

1.6.18. Access and General Protection/Security Policy and Procedures. NA

1.6.18.1. Contractors Requiring a Common Access Card (CAC). NA

1.6.18.2. Contractors Not Requiring a CAC but Require Access to a DoD Facility or Installation. NA

1.6.19. AT Awareness Training for Contractor Personnel Traveling Overseas. N/A

1.6.20. iWATCH Training. The Contractor will facilitate and track completion of either in-person or online "iWatch Training for Contractors" for all assigned contract personnel via Installation or DLIFLC Antiterrorism Officer (ATO). This training is used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity and/or stolen equipment to the COR.

Contractor will provide a roster of attendees, then ATO will certify this attendee roster for the Contractor to provide to the COR no more than 10 days after project start. Individual records will be updated to reflect completion of the iWatch training which is also available online via http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.6.21. Access to Government Information Systems. N/A

1.6.22. Operations Security (OPSEC) Standing Operating Procedure (SOP)/Plan.

Per AR 530-1, OPSEC - page 8, para 2-18.a.(10): Ensure the OPSEC program addresses all personnel with access to sensitive and/or critical information (for example, Soldiers, civilians supporting the military, contractors, Family members, local national employees, and all other individuals who have access).

1.6.23. OPSEC Training.

The Contractor shall practice OPSEC to protect critical information for specific government contracts and subcontracts. The Contractor will ensure that annual OPSEC training is conducted to protect DLIFLC critical information. Web-based training may be accessed online at:

https://securityawareness.usalearning.gov/opsec/index.htm."

1.6.24. Information Assurance (IA)/Information Technology (IT) Certification. NA

1.6.25. Threat Awareness Reporting Program (TARP). NA

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the PWS.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. GOVERNMENT-FURNISHED PROPERTY (GFP) or GOVERNMENT PROPERTY (GP).

Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the

PWS.

2.1.8 LOSS OF GOVERNMENT PROPERTY. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.9 MATERIAL. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.10 NON-PERSONAL SERVICES. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non-personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.11. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.12 PROPERTY. All tangible property, both real and personal.

2.1.13 PROPERTY ADMINISTRATOR. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

2.1.14 PROPERTY RECORDS. Records created and maintained by the Contractor in support of its stewardship responsibilities for the management of Government property.

2.1.15 PROVIDE. To furnish, as in Government-furnished property, or to acquire, as in Contractor-acquired property.

2.1.16 QUALITY ASSURANCE (QA). The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.17. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.18. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.19 REAL PROPERTY. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.20 SENSITIVE PROPERTY. Property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.21 SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

2.1.22 UNIT ACQUISITION COST. Means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For Contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.23 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract. NA

2.1.24 WORK WEEK. Monday through Friday, unless specified otherwise. NA

2.2. ACRONYMS:

AT Antiterrorism ATO Antiterrorism Officer

AQL Acceptable Quality Level CFR Code of Federal Regulations CMR Contract Manpower Reporting CO Contracting Officer CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DLIFLC Defense Language Institute Foreign Language Center DoD Department of Defense FAR Federal Acquisition Regulation OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) POC Point of Contact PRS Performance Requirements Summary PSD Performance Start Date PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services. The Government will assist by providing shipment to the manufacturer in a timely manner so that warranty work can be performed.

3.2 Facilities. NA

3.3 Utilities. NA

3.4 Equipment. NA

3.5 Materials. NA

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work.

4.2. Materials. Shipping materials provided as part of the extended warranty. .

4.3. Equipment. NA.

5. REPAIRS:

5.1. Standard: NA – All repairs are off-site.

5.2. Deliverable: NA (Warranty Off-site).

5.2.1. Standard: NA

5.2.2 Frequency: As needed for repairs of defective equipment.

6. CONTRACTOR MANPOWER REPORTING:

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the DLIFLC, DCSIT via a secured secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil

7. Performance Requirement Summary:

Performance Requirement Summary Performance Requirement

PWS

Reference

Performance Standard

Method of Measurement

Acceptable Quality Levels

Performance Incentives or Disincentives

The contractor shall 1.4 The contractor The contractor 100% The assist the government shall closely will provide a compliance is government with upgrading Sakai monitor Sakai.org written required will receive LMS to latest secure and open source quarterly report additional 80 government approved program about the support hours release version for the concerning the latest and per contract life of the contract latest secure Sakai year at no cost approved/released LMS version. to the version government The contractor shall 1.4 The contractor The contractor 100% The assist the government shall closely will provide a compliance is government with implementing monitor Sakai.org written monthly required will receive webdav tool allowing open source report about additional 40 end useRs to program new task status. support hours upload/download many features and tools per contract files within six (6) plus provide year at no cost months of contract recommendations to the award start date which tool to government implement

The contractor shall 1.4 The contractor The contractor 100% The assist the government shall closely will provide a compliance is government with implementing a site monitor Sakai.org written monthly required will receive activity dashboard within open source report about additional 40 12 months of the program new task status. support hours contract features and tools per contract plus provide year at no cost recommendation to the which tool to government implement

The contractor shall 1.4 The contractor The contractor 100% The assist the government shall closely will provide a compliance is government with implementing the monitor Sakai.org written monthly required will receive function to easily recover open source report about additional 80 deleted files within six program new task status. support hours

(6) months of contract features and tools per contract award start date plus provide year at no cost recommendation to the which tool to government implement

8. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): N/A

SECTION C‐ Contractor Requirements

1. System for Award Management (SAM) Registration is required in order for an offeror to receive a Government contract, so interested offerors are highly encouraged to register. For more information on this requirement, please refer to Paragraph k of FAR clause 52.212‐1, Instructions to Offerors, and/or visit https://www.sam.gov. If you were registered in CCR and ORCA, your organization’s information is already in SAM. You just need to set up a SAM account and migrate your CCR roles. For more information on SAM, please visit https://www.sam.gov.

2. Vendors are encouraged to register with the Wide Area Workflow (WAWF). Payment will be made by electronic funds transfer through Defense Finance and Accounting Services (DFAS).

The offeror that is awarded the contract must follow the instructions required for electronic submission of invoices on WAWF: https://wawf.eb.mil

3. The selected Offeror must comply with the following additional clauses/provisions:

CLAUSES INCORPORATED BY REFERENCE

52.204‐7 System for Award Management 52.204‐13 System for Award Management Maintenance 52.204‐16 Commercial and Government Entity Code Reporting 52.204‐18 Commercial and Government Entity Code Maintenance 52.204‐19 Incorporation by Reference of Representations and Certifications 52.212‐1 Instructions to Offerors – Commercial Items 52.212‐3 Offeror Representations and Certifications—Commercial Items 52.212‐4 Contract Terms and Conditions—Commercial Items 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors 252.203‐7000 Requirement Relating to Compensation of Former DoD Officials 252.203‐7002 Requirement to Inform Employees of Whistleblower Rights 252‐203‐7005 Representation Relating to Compensation of Former DoD Officials 252.204‐7003 Control of Government Personnel Work Product 252.204‐7015 Notice of Authorized Disclosure of Information for Litigation Support 252.211‐7003 Item Identifications and Evaluation 252.225‐7001 Buy American Act and Balance of Payments Program 252.232‐7003 Electronic Submission of Payment Request and Receiving Reports 252.232‐7010 Levies on Contract Payments 252.243‐7001 Pricing of Contract Modifications 252.244‐7000 Subcontracts for Commercial Items 252.246‐7000 Material Inspection and Receiving Reports 252.247‐7023 Transportation of Supplies by Sea

CLAUSES INCORPORATED BY FULL TEXT

52.212‐1 Instructions to Offerors, Addendum:

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 letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show –

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

(b) Price and any discount terms.

Offerors shall provide the following with their offors:

(1) Complete and Sign Proposal ‐‐ Please price CLIN by CLIN and total contract price (Section B).

(2) A confirmation statement that the quoted price is for Sakai (brand name only).

(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:

(i) Technical capability: Statement confirming that the quoted price is for Sakai (brand name only).

(ii) Price: Offers shall contain pricing for every CLIN in Section B.

Technical capability is significantly more important than cost or price; 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.

Award will be made to the lowest price after technical factor(s) have been met in accordance with FAR

15.101 – Lowest price technically acceptable (LPTA) source selection process.

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items (AUG 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77, 108‐ 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111‐5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

(7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

_X_ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved]

(11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219‐3.

(12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219‐4.

(13) [Reserved]

_X_ (14) (i) 52.219‐6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219‐7.

(iii) Alternate II (Mar 2004) of 52.219‐7.

(16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219‐9.

(iii) Alternate II (Nov 2016) of 52.219‐9.

(iv) Alternate III (Nov 2016) of 52.219‐9.

(v) Alternate IV (Nov 2016) of 52.219‐9.

(18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219‐14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219‐28, Post Award Small Business Program Re‐representation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X_ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222‐50, (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222‐54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐ the‐shelf items.)

(ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

(36) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223‐13, Acquisition of EPEAT® ‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223‐13.

(39) (i) 52.223‐14, Acquisition of EPEAT® ‐Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐14.

(40) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223‐16, Acquisition of EPEAT® ‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (42) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223‐21, Foams (Jun 2016) (E.O. 13696).

(45) (i) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224‐3.

(46) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43).

(ii) Alternate I (May 2014) of 52.225‐3.

(iii) Alternate II (May 2014) of 52.225‐3.

(iv) Alternate III (May 2014) of 52.225‐3.

(48) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(54) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (55) 52.232‐33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232‐34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer Check as appropriate.]

(1) 52.222‐17, Non‐displacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

(11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records ‐‐ Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222‐17.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xi) 52.222‐41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐‐Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222‐62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xix) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxi) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217‐8 Option To Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(End of clause)

52.217‐9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.252‐1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil, http://www.arnet.gov.far, or http://dtic.mil/dfars

52.252 ‐2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil, http://www.arnet.gov.far, or http://dtic.mil/dfars

5152.233‐4000

AMC‐LEVEL PROTEST PROGRAM (NOV 2008) (LOCAL CLAUSE)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC‐Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.