W912L1-16-T-0209_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912L1-16-T-0209 30-Aug-2016

b. TELEPHONE NUMBER

512-782-1690

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 27 Sep 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912L19. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VERONICA L. ZERVAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010889473

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO FOR TX - PURCHASING & CONTRACTING

ATTN: JOE DEAN

2200 WEST 35TH ST, BLDG 66

AUSTIN TX 7803-1222

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W90S22 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W8BB TXARNG ELEMENT, JF HQ

W8BB TXARNG ELEMENT, JF HQ

2200 W 35TH STREET

BLDG 72 CAMP MABRY

AUSTIN TX 78703-1222

TEL: 512-782-5497 FAX:

FAX:

TEL: 512-782-5760 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$27,500,000

NAICS:

541511

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF42

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912L1-16-T-0209

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Application for smart phones -

FFP

develop interactive application for smart phones. Provide all rights, trademark and intellectual property to the TMD technical staff. Provide maintenance and updated as needed for five years following the competion of the app.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010889473

NET AMT

STATEMENT OF WORK

PERFORMANCE WORK STATEMENT (PWS)

For

TMD APP

For

Texas Army National Guard 2200 W. 35th ST

Camp Mabry Austin TX 78703

15 JUNE 2016

1. Introduction: The Texas Military Department has a requirement for a new phone APP. The APP will be available for download to the general population on ISO, Android, Windows and Blackberry platforms. The APP must be built on a .NET programming platform with a MSSQL database and have all capabilities, functions and security as described within this document.

2. Background: The current TMD phone APP has been in development for the last three years. Currently the APP is on ISO and Android platforms and there are 680 installs. The current APP was designed in PHP and PhoneGap with a MYSQL database and needs to be moved to a .NET programming framework and MSSQL database.

3. Scope of Work: The TMD APP will be interactive with the TMD public website; all website and webpage references within this document refer to the aforementioned website www.tmd.texas.gov. The building of the APP will be completed in a three phase project. Phase one will be to replace current APP. Phase two will be to improve upon previous design with new functions and capabilities using a hierarchical authentication management system. Phase three will expand the APP for the general public. All development of the TMD APP will follow and adhere to the Security Technical Implementation Guide (STIG).

3.1 Phase 1: Design Team will remotely design and rebuild the TMD APP on a .NET programming framework with MSSQL database no later than 90 days from contract awarding date. During this initial stage of work, design team will operate remotely with direction and consultation from Texas Military Department Public Affairs Office technical staff. Efforts are expected to include the following:

Establish a phone APP on a .NET programming framework with MSSQL database.

Recreate current APP functions on new platform o About Us o Stories o Photos o Videos o Leaders o TMD Website o Magazine o Notification o Upload o Contact Us o Facebook

Geolocation alerts Integrate APP with TMD public website Integrate interface function with Facebook, Twitter, Instagram, YouTube, Pinterest, Vine Build Google Analytics capabilities into APP All for users to turn off “Push Notifications” by category

3.2 Phase 2: Design Team will remotely expand the APP with a hierarchical authentication management system, based on the TMD organizational structure, down to the company/squadron level no later than 150 days from contract awarding date, or 60 days from the completion of Phase 1. Design team will operate remotely with direction and consultation from Texas Military Department Public Affairs Office technical staff. Efforts are expected to include the following:

One way messaging capabilities.

Google Map function

1. Enable GPS functionality to report to backend

2. Allow for two-way text messaging from APP

3. Allow for two-way text messaging from APP via website

Driver’s license bar code reader, stored in Excel format and send encrypted to AES256 – Permission based function (for TXSG Leadership and S-1 assets only)

Documents

1. Form filler function based off of documents stored on encrypted webpage, SSL – Permission based function (for JOC, CDRS and SAD Leadership)

2. Develop a method to complete form and send via encrypted email

3.3 Phase 3: Design Team will continue to expand the APP for the general public, no later than 210 days from contract awarding date, or 60 days from the completion of Phase 2. Design team will operate remotely with direction and consultation from Texas Military Department Public Affairs Office technical staff. Efforts are expected to include the following:

Ability to share stories from APP to social media platforms

1. Manual profile

2. Facebook or Twitter login

Create a TMD toolbox function to include:

1. Flashlight

2. Compass

3. Military Grid Coordinates for GPS location

4. Texas Military Alarm Clock

1. TMD PAO will provide wakeup call files Weather Mapping Health and Well Being

1. Family Support – URL Link to TMD Website

2. SHARP – URL Link to TMD Website

3. TMD Counseling – URL Link to TMD Website

4. Safe Helpline Hotlink – Dial Phone

5. Suicide Prevention Hotlink – Dial Phone

6. Daily Challenge – Nutrition

7. Daily Challenge – Physical Training

Upcoming Events/TMD Activities –Link to TMD Website TMD Policies

1. URL Link to TMD Website TAG Strategic Goals

1. URL Link to TMD Website Downloadable TMD Logos

1. Logos to be used for cell phone backgrounds

2. TMD PAO will provide graphics

Go Guard; Highlight different ways to serve Texas and provide links

1. Texas Army National Guard

2. Texas Air National Guard

3. Texas State Guard

4. TMD Job Opportunities

4. Description of Services.

4.1 The contractor will provide a Project Manager, who will be the central point of contact for all facets of the program. The name, address, phone number, and email address of the Project Manager will be included in the proposal.

4.2 Within five (5) days of contract award the name, address, phone number, and email address of the technician(s) assigned by the vendor must be identified to the Texas Military Department Public Affairs technical staff.

4.3 During the contract period of performance:

4.3.1 The Project Manager will send the Texas Military Department public affairs technical staff a monthly report, or by request, with status update and design documents, including code to all.

4.3.2 Telephone or Email progress update to Texas Military Department public affairs technical staff, minimum of once a week.

4.4 During all phases of APP development, hands-on training will be provided to Texas Military Department public affairs technical staff. In addition, once the APP is complete, the vendor will provide technical support and updates, as needed, for a period of five years.

4.4.1 TMD Public Affairs technical staff will conduct a yearly review of contractors to determine if maintenance contract will continue with winning bidder.

4.4.2 Updates and addition of new functions is part of maintenance contract.

4.5 At the conclusion of the project, success will be determined by the functional operation and execution of the APP by Texas Military Department public affairs technical staff.

4.6 TMD will retain all rights, trades marks and intellectual property to the TMD APP to include any/all design documents, Use Case Flow, software, APP code and any patentable technology created for the TMD APP.

4.7 Vendor will be responsible for ensuring that the application is in compliance with all applicable AR 25-1 regulations, DISA and Texas Department of Information Resources security regulations and the STIG. Including, but not limited, to those detailed in DISA's Mobile Application Security Requirements Guide.

4.8 Acceptance of TMD APP is contingent upon review of STIG Compliance by the

TXARNG G6

5. Management Administration.

5.1 The contractor is expected to provide services in a professional manner throughout the project. Any portion of the service which appears to be inadequate, inappropriate, or otherwise does not meet the objectives of the program shall be reported to the Contracting Officer by the TMD PA APP Project Manager. The Contracting Officer may, at his or her discretion, meet with the project manager and the contractor to determine the facts and a course of action to correct deficiencies.

5.2 The contractor is not entitled to any separate travel or per diem costs over and above the contract price. Any travel requirements shall be addressed in the contractor’s proposal prior to any contract award.

6. Contract Deliverables. The contractor shall deliver, facilitate, and/or present the following, which are described in detail elsewhere in this PWS:

6.1 Develop a phone APP and develop custom capabilities and functions, as described in paragraphs 3, 3.1, 3.2, and 3.3.

6.2 Provide contact info, as described in paragraphs 4.1 and 4.2.

6.3 Provide hands on training to TMD PA Technical staff as described in paragraph 4.4.

6.4 Provide a monthly, or by request, status updates and code to Texas Military Department public affairs technical staff, as described in paragraph 4.3.1.

6.5 Return/provide all rights, trades marks and intellectual property to the TMD APP to include any/all design documents, Use Case Flow, software, APP code and any patentable technology created for the TMD APP to TMD public affair technical staff within 225 days of contract award, or 15 days following the completion of Phase 3, as described in paragraph 4.6.

6.6 Provide maintenance and updates, as needed/determined by TMD public affairs technical staff, to the TMD APP for a period of five years, following the completion of Phase 3, as described in paragraph 4.4, 4.4.1, and 4.4.2.

6.7 All development of the TMD APP will follow and adhere to the STIG and all applicable AR 25-1 regulations, DISA and Texas Department of Information Resources security regulations and the STIG. Including, but not limited, to those detailed in DISA's Mobile Application Security Requirements Guide.

7. Additional Contractor Responsibilities. The contractor shall:

7.1. Invoicing. The contractor will upload a monthly invoice, for all services performed under this contract, to the Wide Area Workflow (WAWF) Website and will send an electronic copy to the COR in the TXARNG G4 Office.

7.2. Contractor Manpower Reporting: The Contractor shall report all labor hours (including subcontractor labor hours) required for performance of services provided under this contract via the Contractor Manpower Reporting Application, a secure collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. All labor hours performed during the government’s fiscal year (1 October through 30 September) will be reported.

All data shall be reported no later than October 31, of each year.

7.3. Ensure that all personnel performing services related to this contract are properly trained, certified, and licensed; as required by the federal government and State of Texas.

7.4. Perform only those services covered by the contract and this PWS, and only during periods covered by the Contract. If any services not included in this contract/PWS are received, those services shall not be charged against this contract.

7.5. Not be entitled to any incidental costs from the TMD including but not limited to parking, tolls, mileage, overtime/holiday pay, etc.

7.6. Indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance.

8. Additional Information.

8.1. Any portion of the service which appears to be inadequate, inappropriate, or otherwise does not meet the objectives of the program shall be reported to the Contracting Officer by the TXARNG G4 COR. The Contracting Officer may, at his or her discretion, meet with the contractor to determine the facts and a course of action to correct deficiencies.

8.2. In the event the Contractor is unable to fulfill requirements or provide them in a timely manner, the Government reserves the right to obtain services from another source. A pattern of continued inability to fulfill requirements may constitute the basis for considering remedies under Termination clauses or for not exercising an option period. This is not a requirements contract and the Government reserves the right to obtain services from other sources.

8.3. The TXARNG G4 COR is the only entity authorized to approve services within the scope of this contract. Any follow up services requested by other TMD or TXARNG personnel or recommendations by the contractor will be submitted to the TXARNG G4 COR. The cost for any services provided outside the scope of this contract or without prior approval from the Contracting Officer will be the responsibility of the contractor.

8.4. The contractor will have no legal/proprietary claims to the TMD APP.

8.5 The contractor will have the right to reuse the code written from the TMD APP without cost.

8.6. Validation of Acceptance: Acceptance of TMD APP is contingent upon review of STIG Compliance by the TXARNG G6

8.7. Because the TMD Phone APP must be interactive with the TMD Public Website, the contractor must have the minimum qualifications:

8.7.1 Seven or more years of working with MojoPortal

8.7.2 Seven or more years of programming/program contributor for MojoPortal

9. Period of Performance

9.1 The Period of Performance for this work will begin upon execution of the contract.

Service Delivery Summary Worksheet

Objective: This objective of this contract is to build and execute a phone APP.

Deliverable/Service Performance Standard

Acceptable Quality Level Method Used or

Frequency

Develop TMD phone APP (Remote):

Weekly Telephone/Email progress update to TMD PA Technical personnel.

Technical Specification 4.3.2

Weekly update on progress to TMD PA Tech Personnel

Weekly

Develop TMD phone APP (Remote):

Develop APP with custom capabilities and functions

Technical Specification 3.1, 3.2, 3.3

The APP will be deemed operational by TMD PA Tech Personnel

Periodic Checks/Monthly updates from Project Mgr

Develop TMD phone APP : Build Active Directory‐style system based on TMD organizational structure down to company/squadron level, to include one way messaging capabilities

Technical Specification 3.2

Expand APP to Active Directory‐ style system – deemed operational with successful messaging to troops at any organizational level to include successful transfer of documents, map based text message and bar code reader based email delivery

Periodic Checks/Monthly updates from Project Mgr

Develop TMD phone APP :

Return/provide all rights, trademarks and intellectual property to TMD APP to TMD PA Technical Staff

Technical Specification 4.6

Provide updates and code on monthly basis to TMD PA Technical staff, provide all necessary code and digital documentation to TMD PA technical staff NLT 225 days from contract award

Monthly

Develop TMD phone APP : Provide hands‐on training to TMD PA Tech personnel on updates, changes and additions to the APP

Technical Specification 4.4

Train TMD PA personnel on updates, changes and additions to the APP

Notification from TMD PA Tech personnel

Maintain TMD phone APP : Provide maintenance and updates as needed for duration of five years following the completion of Phase 3, or 250 days following contract award.

Technical Specification 4.4, 4.4.1, 4.4.2

All updates, maintenance and addition of new functions as deemed necessary b y the TMD PA Tech Personnel

Notification from TMD PA Tech personnel not to exceed 5 years

Security Requirements: TMD APP development will adhere to all applicable AR 25-1 regulations, DISA and Texas Department of Information Resources security regulations and the STIG. Including, but not limited, to those detailed in DISA's Mobile Application Security Requirements Guide.

Technical Specification 3.0, 4.7, 6.7

Department of Army, DISA and Texas Department of Information Resources security regulations

Periodic checks/Updates from Project Mgr

Quality Assurance Plan: The Customer POC will monitor contractor performance and complete the Quality Assurance Worksheet provided below, on a monthly basis and upon contract completion, during the period of performance of this contract.

Rating Description

Green Yes performance and technical specifications were met.

Yellow

Yes, performance and technical specifications were met at the minimum, but the following service/deliverable needs contractor attention. The Customer must identify what component of the deliverable and/or service requires attention.

Red

No, performance and technical specifications were not met and the following service/deliverable needs immediate contractor resolution. The customer must identify what component of the deliverable and/or service is below the minimum.

QUALITY ASSURANCE PLAN WORKSHEET – TMD APP Consulting Services

Contract Number: ________________________ Month of Evaluation: __________________

Performance Rating

Deliverable/Service Quality Rating

Causative Factors

Effect on Mission Action Required / Date

Develop TMD phone APP (Remote):

Weekly Telephone/Email progress update to TMD PA Technical personnel.

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Red

Develop TMD phone APP (Remote):

Develop APP with custom capabilities and functions

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Red

Develop TMD phone APP : Build Active Directory‐style system based on TMD organizational structure down to company/squadron level, to include one way messaging capabilities

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Red

Develop TMD phone APP :

Return/provide all rights, trademarks and intellectual property to TMD APP to TMD PA Technical Staff

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Red

Develop TMD phone APP : Provide hands‐on training to TMD PA Tech personnel on updates, changes and additions to the APP

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Red

Maintain TMD phone APP : Provide maintenance and updates as needed for duration of five years following the completion of Phase 3, or 250 days following contract award.

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Security Requirements: TMD APP development will adhere to all applicable AR 25-1 regulations, DISA and Texas Department of Information Resources security regulations and the STIG.

Including, but not limited, to those detailed in DISA's Mobile Application Security Requirements Guide.

Green Comments Unnecessary for "Green" QA Rating.

Yellow

Red

Work completed during evaluation period:

Hours worked during evaluation period:

Total Hours worked on current contract:

COR NAME:________________________________________

SIGNATURE:_______________________________________

DATE:_____________________________________________

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 07-JUL-2016 1 W8BB TXARNG ELEMENT, JF HQ

W8BB TXARNG ELEMENT, JF HQ

2200 W 35TH STREET

BLDG 72 CAMP MABRY

AUSTIN TX 78703-1222

512-782-5497 FOB: Destination

W90S22

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System Number JUL 2013 52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

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

MAY 2016

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)

NOV 2014

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013 252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Alt II Transportation of Supplies by Sea (APR 2014) Alternate II APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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 or 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) Data Universal Numbering System (DUNS) Number. (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 “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(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:

1. Price

2. Technical (methodology) ; schedule

3. Past Performance

Technical and past performance, when combined, are approximately equal to price.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUL 2016)

ALTERNATE I (OCT 2014)

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

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

(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.

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in…