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Planning, Programming, Budgeting Business Operating System (PPB BOS) Support Services

Department of the Army, Army Contracting Command | Published October 23, 2015  -  Deadline November 7, 2015
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The Army Contracting Command - Aberdeen Proving Ground (ACC-APG) has a requirement for non-personal services from the U.S. Army Office of the Deputy Chief of Staff, G-8, Program Analysis and Evaluation Directorate to provide analytical, development, engineering, integration, implementation, management and technical support for the Planning, Programming, and Budgeting Business Operating System (PPB BOS). This proposed procurement is restricted to the General Services Administration's (GSA) One Acquisition Solution for Integrated Services (OASIS) Pool 1 Contract. The Government intends to procure this requirement under NAICS 541990 - All Other Professional, Scientific, and Technical Services. This request for proposal requires cost proposals to be evaluated for award. Competitive proposals will be evaluated based on the evaluation criteria set forth in the solicitation package. All responsible sources may submit a quote which shall be considered by the agency. The solicitation will be provided in an electronic format, free of charge. This solicitation will be issued on the Internet only. This solicitation will not be issued in paper. Contractors' requests for this solicitation will be performed through GSA e-Buy (https://www.ebuy.gsa.gov/). The on-line version of the RFP will include all solicitation documents. No hard copy of this RFP will be issued. Amendments, if any, will be posted at the same location as the solicitation. The complete solicitation package, including amendments, should be received and reviewed prior to submitting a response. It is the potential offeror's responsibility to monitor the GSA e-Buy website on a regular basis for any updates to the solicitation to obtain all amendments and/or other applicable documents. Contractors must be registered in the System for Award Management (SAM) database to be considered for award of a Federal contract. Information regarding registration can be obtained from the SAM website at https://www.sam.gov/. Contractors are also required to complete online representations and certifications at the SAM website prior to the RFQ closing date. The planned solicitation issuance date is o/a 11/10/2015; quotations due o/a 12/09/2015. Questions can be directed (via email only) to the ACC-APG Contracting Center point of contact Alexander Obriwin at alexander.s.obriwin.civ@mail.mil. Questions will not be considered if submitted through any means other than email.

39--CONTRACT AWARD TO PELICAN SALES, INC. FOR THE PROCUREMENT OF SENSIDYNE STARTER KITS. CONTRACT AWARD NUMBER W91ZLK-15-F-0075. 100% SMALL BUSINESS SET-ASIDE.

Department of the Army, Army Contracting Command | Published September 28, 2015
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Submitted on GSA Advantage as 100% small business set aside for the brand-name only of Sensidyne to procure sixty-five STP Starter Kits for the Public Health Command (PHC). Please reference GSA RFQ No.: 1024067.

Competitive, Small Business Set Aside for Persistent Surveillance Systems - Tethered Engineering, Logistics, Operations and Program Management Support.

Department of the Army, Army Contracting Command | Published September 11, 2015  -  Deadline September 26, 2015
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The United States Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Aberdeen Proving Ground, on behalf of Product Director (PD) Aerostats, intends to solicit a competitive, small business set-aside indefinite delivery indefinite quantity (IDIQ) contract with an ordering ceiling of $305.7M with a guaranteed minimum of $2.5M that will be met through the first delivery/task order. This procurement is for Persistent Surveillance Systems - Tethered (PSS-T) engineering, logistics, operations, and program management support for requirements in the continental United States and outside of the continental United States. The PSS-T aerostat fleet consists of a medium size and a large size. The PSS-T medium and large are capable of persistent, integrated, networked, and multisensor information collection by operating for long periods of time at an altitude to maximize the line of sight and field of regard of on-board systems. The objective of this acquisition is to support PD Aerostats' mission requirements to support Combatant Commanders and joint agency requirements. The PSS-T program of record is primarily a stored capability that can be activated, as needed, to support mission operations. These required services shall focus on maximizing operational availability and providing quality and reliable data and services 24 hours a day/seven (7) days a week. The anticipated effort is intended to be a four (4) year firm-fixed-price (FFP), cost-plus-fixed-fee (CPFF), and cost-no fee IDIQ contract. The Government intends to issue a solicitation on or about 26 September 2015. Proposals will be due 30 calendar days following release of the solicitation. The Government will only consider proposals offered from responsible small businesses applicable to North American Industry Classification System (NAICS) 541330. The Government intends to award one (1) FFP, CPFF, cost-no fee IDIQ contract, utilizing the tradeoff process in accordance with (IAW) Federal Acquisition Regulation (FAR) 15.101-1. The solicitation will be issued electronically IAW FAR 4.502(a), 5.102(a), and 15.203(c), therefore, hardcopies will not be provided. All proposals shall be submitted electronically via the Federal Business Opportunities web site (http://www.fbo.gov). In order to submit a proposal and bid on the solicitation, offerors are required to have a current profile at the System for Award Management (https://www.sam.gov/portal/public/SAM/). The closing date for this synopsis is 26 September at 12 P.M. eastern daylight time. ALL QUESTIONS REGARDING THIS SYNOPSIS/PRE-SOLICITATION NOTICE SHALL BE SUBMITTED IN WRITING TO THE FOLLOWING EMAIL ADDRESSES: Matthew.C.Ebner.civ@mail.mil AND Jennifer.L.Mattessino.civ@mail.mil.

Vital Torso Protection - Full Rate Production Draft Solicitation

Department of the Army, Army Contracting Command | Published April 13, 2016  -  Deadline April 29, 2016
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Link To Document Partial Small Business

Aviation and Fires Directorate, Army Evaluation Center

Department of the Army, Army Contracting Command | Published July 20, 2016
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The award of W91CRB-14-D-0024-0005-18 is a small business set aside for the suite of the 'Omnibus' base award contract eligible small business offerors. The modification was awarded to BMA for a 9-month extension as the successful offeror under the Omnibus eligible small business current offeror. This is based on the interest of economy and efficiency due to the logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

H--Lexmark Contract

Department of the Army, Army Contracting Command | Published May 13, 2015  -  Deadline May 20, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The combined synopsis/solicitation number is W91ZLK-15-T-0211. This solicitation document and incorporated provisions and clauses are those in effect through Fedral Acquisiton Circular (FAC) 05-23. This requirement is a Total Small Business Set Aside. The Government contemplates award of a Firm-Fixed Price purchase order. This requirement will be procured as a small business set-aside on Army Single Face to Industry (ASFI). The Associated North America Industry Classification Code (NAICS) 541519 and the Business Size Standard is 25.5 US Army HQ, RDECOM located, Aberdeen Proving Ground, Maryland requires the following requirements: Lexmark Contract - 1 JOB

T--Indian Small Business Economic Enterprise Set-Aside for Imagery for the Bureau of Indian Affairs, Winnebago Agency, Winnebago, NE

Department of the Interior, Bureau of Indian Affairs | Published August 12, 2016  -  Deadline August 22, 2016
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No Description Provided

70--Indian Small Business Economic Enterprise Set-Aside for Scanners for the Bureau of Indian Affairs, GPRO, Aberdeen, SD

Department of the Interior, Bureau of Indian Affairs | Published August 25, 2015  -  Deadline August 14, 2015
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No Description Provided

70--Indian Small Business Economic Enterprise Set-Aside for CPUs for the Bureau of Indian Affairs, GPRO in Aberdeen, SD

Department of the Interior, Bureau of Indian Affairs | Published May 21, 2015  -  Deadline May 7, 2015
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No Description Provided

Spares Package for PVS 23

Department of the Army, Army Contracting Command | Published October 23, 2015  -  Deadline November 11, 2015
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This is a Foreign Military Sale for the country of Israel. It will be FOB Origin. There should be one (1) spares package consisting of the items listed in the Statement of Work and Combined Synopsis and Solicitation. Please send quotes to kevin.j.dunne4.civ@mail.mil by the deadline specified above. This is a Small Business Set-Aside.

CECOM LCMC G8 contractor Support Services

Department of the Army, Army Contracting Command | Published January 15, 2016  -  Deadline March 4, 2016
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NOTICE: THIS PRESOLICITATION NOTICE WAS PREVIOUSLY ISSUED UNDER SOLICITATION NUMBER W56KGY-15-R0018 ON MAY 20, 2015The Communication Electronics Command (CECOM) located at Aberdeen Proving Ground, MD is seeking contractor-provided services to support the mission of the G8 office. Contractor-provided professional services to include accounting, budgeting, cost analysis, manpower analysis, fiscal policy assurance, program analysis, budget analysis and training. This action requires that the contractor not only complete daily requirements, additionally, the awardee will train current G8 staff to understand and perform all work completed through this action. G8 staff will be able to perform the duties covered in this task order via training through the awardee. This action will serve to close the knowledge gap for General Funds Enterprise Business System (GFEBS) current rollout as well as form solutions for GFEBS evolving Business Process Development. It will serve to educate the CECOM workforce to better implement a move toward Audit Readiness. Additionally it will better equip the current and future workforce as new releases, upgrades and patches to the system to improve the business process. The mission of the CECOM LCMC G8 is to serve as the Commanding General's (CG) principal staff officer for financial accounting, budgeting, cost analysis, and civilian and ilitary force management matters; to assist the CG by determining and obtaining financial, civilian, and military resources required to accomplish the command mission; to develop and maintain effective financial, manpower, and management control systems and procedures for safeguarding and achieving optimum use of resources; to be responsible for program budget, finance, accounting, and related fiscal controls; to implement and administer the command cost and economic analysis program and selected acquisition information management system; to serve as the focal point for command mission support agreements; to evaluate and approve, under delegated authority, the missions and functions of command activities for inclusion in the official CECOM LCMC 10-1; to serve as the Career Program Manager for the Comptroller and Manpower and Force Management Career Programs; and to manage the command Management Control Process. This action serves to better educate and prepare CECOM personnel to adapt and work within the evolving business process development of GFEBS. The contractor shall provide the necessary personnel to bridge the knowledge gap between the CECOM workforce and SAP through this action. These services are required in the Continental United States (CONUS). The period of performance for this effort will be one 12-month base period and two 12-month option periods. This procurement is a restricted 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) Code is 541330, with a size standard of $15 million. The Government intends to award no more than one 100% Total Small Business Set-Aside Cost-Plus Fixed-Fee (CPFF) definitive contract, utilizing the Lowest Priced Technically Acceptable (LPTA) process in accordance with FAR Part 15. Per FAR Part 9, the Government will only consider proposals offered from responsible Small Business offerors. The solicitation will be provided in electronic format only, free of charge, on or about 29 JANUARY 2016 in accordance with FAR 4.502(a), 5.102(a) and 15.203(c). Hardcopies will not be provided.  All questions resulting from the RFP shall be submitted via e-mail to anthony.j.rasa.civ@mail.mil and kayann.t.brown.mil@mail.mil no later than 15 FEBRUARY 2016. Proposals shall be submitted no later than Firday, 04 MARCH 2016 In order to submit a proposal, offerors are required to have a current profile at the System for Award Management (https://www.sam.gov/portal/public/SAM/) in order to bid on solicitations. The contractor will be required to have a SECRET clearance. 

QuantStudio7 PCR System

Department of the Army, Army Contracting Command | Published September 11, 2015  -  Deadline September 21, 2015
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This is a combined synopsis/solicitation for commerical items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be posted. The combined synopsis/solicitation number is W91ZLK-15-T-0411. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 90-31. This requirement is a Total Small Business set-aside. The associated North American Industry Classification System (NAICS) code is 334516 "Analytical Laboratory Instrument Manufacturing" and the business size standard is 500 employees. The Government contemplates award of a Firm Fixed Price (FFP) Purchase Order. This acquisition is in accordance with the specifications, using Federal Acquisition Regulation (FAR) Part 13.302, Purchase Orders. Please see the attached Request for Quote (RFQ) document, the attached Technical Specification document and the attached Name Brand Justification doucment for additional information/requirements.

70--Lectora Professional Publishing Suite (LPPS)

Department of the Army, Army Contracting Command | Published August 12, 2015  -  Deadline August 24, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The combined synopsis/ solicitation number is W91ZLK-15-T-0360. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 90-31. This requirement is a Total Small Business Set Aside. The associated North America Industry Classification System (NAICS) Code is 511210 quote mark Software Publishers quote mark and the Business Size Standard is $38,500,000.00. The Government contemplates award of a Firm-Fixed Price (FFP) Purchase Order. This acquisition is in accordance with the specifications, using Federal Acquisition Regulation FAR PART 13.302, Purchase Orders. Please see attached Request for Quote (RFQ) document and the attached purchase description for additional information/requirements.

99--Combined Synopsis/Solicitation for Data Archive System

Department of the Army, Army Contracting Command | Published June 3, 2015  -  Deadline June 12, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The combined synopsis/solicitation number is W91ZLK-15-T-0255. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 90-31. This requirement is a Total Small Business Set Aside. The associated North America Industry Classification System (NAICS) Code is 518210 quote mark Data Processing, Hosting, and Related Services quote mark and the Business Size Standard is $32.5M. The Government contemplates award of a Firm Fixed Price (FFP) Purchase Order. This acquisition is in accordance with the specifications, using Federal Acquisition Regulation (FAR) PART 13.302 quote mark Purchase Orders. quote mark Please see attached Request for Quote document and the attached specification sheet for additional information/requirements.

99--Combined synopsis/solicitation for Roma Plastilina #1 Green/Grey clay (manufacture # 550A) used for ballistic testing.

Department of the Army, Army Contracting Command | Published April 30, 2015  -  Deadline May 6, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The combined synopsis/ solicitation number is W91ZLK-15-T-0173. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 90-31. This requirement is a Total Small Business Set Aside. The associated North America Industry Classification System (NAICS) Code is 327120; Clay Building Material and Refractories Manufacturing and the Business Size Standard is 750 Employees. The Government contemplates award of a Firm-Fixed Price (FFP) Purchase Order. This acquisition is in accordance with the specifications, using Federal Acquisition Regulation FAR PART 13.302, Purchase Orders. Please see attached Request for Quote document and the attached statement of work (SOW) for additional information/requirements.

CHEMICAL BIOLOGICAL APPLICATIONS AND RISK REDUCTIONS (CBARR)

Department of the Army, Army Contracting Command | Published November 5, 2015
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The U.S. Army Contracting Command (ACC) Aberdeen Proving Ground (APG) Edgewood Contracting Division (ECD), on behalf of the Edgewood Chemical Biological Center (ECBC) Chemical Biological Applications and Risk Reduction (CBARR) business unit, intends to competitively solicit proposals as a small business set-aside for operations support, research and technology support, and program and integration support under a CBARR Mission Support Contract (MSC). The CBARR MSC will be a single award indefinite delivery indefinite quantity (IDIQ) contract where task orders will be issued based on the Government's need in accordance with FAR 16.5 Indefinite-Delivery contracts. Specifically, CBARR efforts shall include design and fabrication services; chemical services support; engineering control support; data collection and analysis; environmental sampling and analysis; data and document management; safety, surety, health, security, and environmental planning, audits, and inspections; waste/materiel disposal and handling; and project management support in accordance with the Performance Work Statement (PWS). The estimated ordering period for the CBARR MSC effort is 36 months. The CBARR MSC will contain fixed-price and cost-reimbursement contract line items (CLINs) as described in FAR 16.101. Dependent upon the nature of the work, task orders will be issued as firm-fixed-price or cost-plus-fixed-fee. The CBARR effort will be solicited as a small business set-aside and will utilize a best value trade-off approach. The estimated time frame for posting the CBARR MSC Solicitation W911SR-15-R-CBAR on the Federal Business Opportunities website is 23 November 2015. A pre-proposal conference and tour of the relevant Aberdeen Proving Ground facilities is currently scheduled for 2 December 2015. The purpose of the conference and the tour is to provide an overview of contract requirements and to allow Offerors an opportunity to view the Government equipment that may be utilized during contract performance. Further information regarding the conference and tour will be included in the solicitation. The point of contact for this effort is Ms. Shantice M. Wright, Contract Specialist. All inquiries should be directed to Shantice.m.wright.civ@mail.mil. No telephonic inquiries will be accepted.

R--The United States Army Contracting Command - Aberdeen Proving Ground, 21005 - Announcement of Government's intent to solicit for Custom Computer Programming Services (541511).

Department of the Army, Army Contracting Command | Published March 3, 2015  -  Deadline March 19, 2015
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The Government intends to issue a solicitation W56JSR-15-R-0007 for Avionics Software Engineering and Project Management support services to support the U.S. Army Communications-Electronics Command (CECOM) Software Engineering Center (SEC)/Intelligence, Electronic Warfare & Sensors (IEW&S/Aerial and Terrestrial Sensors (A&TS)-Mission Equipment Support (MES) Branch. The Government intends to solicit the requirements as a totat small business set-aside (SBSA) per FAR Subpart 19.5-Set-Asides for Small Business. This effort will provide support for Post Deployment and Post Production activities, system/software engineering and integration support for aviation systems, Tactical Air Traffic Control, and Command and Control systems. The North American Industry Classification System (NAICS) Code for this requirement is 541511, for which the small business size standard is an average of not more than $27,500,000.00 in annual receipts. This requirement includes MIL-STD-1553 engineering, validation and testing, and system integration support. The anticipated award will be for an estimated $14M Cost Plus Fixed Fee (CPFF) Term type Indefinite Delivery Indefinite Quantity (IDIQ) contract, consisting of a single award IDIQ contract with a 3-year ordering period for CPFF and Firm Fixed price (FFP) type orders. The antipated contract award is June 2015. The following types of services will be required: provide program management/administrative support, software development, configuration management, software engineering environment support, verification and validation (V&V), data bus engineering support, test support, fielding support, prototyping and fabrication support, and contractor mandatory training. Government facilities will be provided for this effort at the CECOM SEC facility at Building 6006 Combat Drive, Aberdeen Proving Ground (APG), MD 21005. The contractor in support of this requirement shall utilize these facilities as the primary locations for management, system and software engineering, and software maintenance work. In order to maximize productivity during performance of the contract with the optimal utilization of the Government laboratory, all contractor engineers are required to work on-site. Other performance associated with program, budget analyst, cost estimates, invoices, contractor office administration are allowed to work off-site. The highest level of facility clearance required for the contractor to perform on this contract is SECRET. The highest level of classified material the contractor will be required to safeguard at its own facility is SECRET. Interested Offerors must: 1) Have an adequate accounting system for determining cost applicable to a CPFF contract; 2) Have the financial ability to sustain this effort under a cost-reimbursement type contract of this size; 3) Have the ability to comply with FAR 52.219-14, Limitations of Subcontracting, where at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the small business concern. Additional information regarding this requirement was provided under FedBizOpps Sources Sought Notice, W56JSR-15-R-Avionics, which was posted on 2 December 2014. The incumbent contractor for this effort, operating under contract W15P7T-12-D-C913 is: Envision Innovative Solutions, Inc. 2310 RTE 34 STE 1B Manasquan, NJ 08736-1400 This synopsis is provided for informational purposes and shall not be considered a request for proposal (RFP). Solicitation W56JSR-15-R-0007 is assigned for reference purposes. The United States Army Contracting Command-Aberdeen Proving Ground (ACC-APG) has established the Federal Business Opportunities (FEDBIZOPPS) website as part of the Army's Single Face to Industry, to allow electronic posting of Solicitation for RFP, Request for Quotations (RFQ), and invitation for Bids (IFB) from Industry. All parties interested in doing business with the United States Army Contracting Command, are invited to access, operate, send and receive information from the FEDBIZOPPS.

RFQ ProSpec IGF-1 Recombinant Proteins- Brand Name or Equal

Department of the Army, U.S. Army Medical Research Acquisition Activity | Published November 3, 2015  -  Deadline December 3, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The solicitation number is W81XWH15T0432 and is issued as a request for quotation (RFQ) for a Single Award Indefinite Delivery/Indefinite Quantity (IDIQ) award. Provisions and clauses in effect through Federal Acquisition Circular 2005-78 are incorporated. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses https://acquisition.gov/far/index.html and http://www.acq.osd.mil/dpap/sitemap.html. The NAICS code is 325414, with a small business size of 500 employees. This requirement is a total set aside for Small Business; all qualified Small Business vendors are encouraged to submit a quote. The United States Army Medical Research Acquisition Activity (USAMRAA) on behalf of the United States Army Medical Research Institute of Chemical Defense (USAMRICD) requests responses from qualified sources capable of supplies that are brand name or equal to the following four (4) separate ProSpec IGF-1 Recombinant Proteins: Mouse Recombinant IGF-1 (CYT-229); Rat Recombinant IGF-1 (CYT-289); Human Recombinant IGF-1 (CYT-216); and LR3 Human Recombinant IGF-1 (CYT-022) as requested according to specifications listed in the Request for Quote. Please see the attached document for further details.

Taro IsItUp Network Monitor licenses, maintenance, and technical support

Department of the Army, Army Contracting Command | Published September 9, 2015  -  Deadline September 22, 2015
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1. This is a COMBINED SYNOPSIS/SOLICITATION for COMMERCIAL SOFTWARE MAINTENANCE RENEWAL (e.g. Taro IsItUp Network Monitor licenses, maintenance, and technical support) prepared in accordance with Federal Acquisition Regulations (FAR) Subpart 12.6 and Subpart 5.207, as supplemented with additional information included in this notice, this announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The word Government in this document refers to the United States Government, its authorized Agencies, Departments, Representatives, Personnel and Assigns only. 2. This combined synopsis/solicitation, W56JSR-15-R-0060, is issued as a Request for Quotes (RFQ). These requirements will result in Firm Fixed Price (FFP) type contracts for software maintenance/support and renewal. 3. Award will be made to the Lowest Priced Technically Acceptable (LPTA) submitted price quote. The Government reserves the right to make no award if the requirement is cancelled, there are insufficient funds, or the contracting officer cannot determine the quoted prices to be fair and reasonable. 4. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR)/Federal Acquisition Circular (FAC) 2005-83 effective 03 September 2015. 5. In the event that reasonable and acceptable quotes are received from two or more businesses meeting the Small Business size standard for the North American Industry Classification System (NAICS) Code declared for a requirement, that requirement may be set-aside for award to small business. In accordance with FAR 19.1405(b), if two or more reasonable and acceptable quotes are received from Service Disabled Veteran Owned Small Businesses (SDVOSB), that requirement will be set-aside for award to a SDVOSB. Award will be made for that particular requirement to the responsible small business whose price quote is determined technically acceptable and provides the lowest price. In accordance with FAR 19.1307, in full and open competitions a price evaluation preference of 10% will be assessed for HUBZone small businesses. The Government reserves the right to apply any applicable socio-economic small business set aside or sole source option based upon industry responses that are deemed fully responsive and fully technically competent. Otherwise, award will be made to the Offeror whose quote is deemed the lowest priced technically acceptable offer. 6. REQUIREMENTS DESCRIPTIONS/ QUANTITIES/ DELIVERY DATES The U.S. Army, intends to procure the following requirement(s) for Software Licensing/Maintenance Support Renewal Agreements. Attached are the details for each Agreement: Requirement: Taro IsItUp Network Monitor licenses, maintenance, and technical support (NAICS 511210). ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 400 Lot IsIt Up Network Monitor Small Business Edition FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT 7. INSPECTION AND ACCEPTANCE: shall be at Destination. Shipment will be FOB Destination. 8. BASIS OF AWARD: LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA), NAICS Code matching (511210) and must be a small business. 9. REQUIREMENT SET ASIDE: This solicitation is a 100% Small Business set-aside. 10. PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE: applicable to this acquisition are as follows: FAR 52.204-7, System for Award Management (Jul 2013) FAR 52.204-12, Data Universal Numbering System Number Maintenance (Dec 2012) FAR 52.204-13, System for Award Management Maintenance (Jul 2013). FAR 52.212-1, Instructions to Offerors--Commercial Items (Apr 2014) FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015). FAR 52.227-1, Authorization and Consent (Dec 2007). FAR 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007). FAR 52.227-3, Patent Indemnity (Apr 1984). FAR 52.227-6, Royalty Information (Apr 1984). FAR 52.227-9, Refund of Royalties (Apr 1984). FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013). FAR 52.233-1, Disputes (May 2014). FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998). DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011). DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013). DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officals (Sep 2011). DFARS 252.204-7003 Control Of Government Personnel Work Product (APR 1992) DFARS 252.204-7004, Alternate A, System for Award Management (Feb 2014). DFARS 252.227-7015, Technical Data - Commercial Items (NOV 1995) DFARS 252.227-7016, Rights In Bid Or Proposal Information (JUNE 1995) DFARS 252.227-7017, Identification And Assertion Of Use, Release Or Disclosure Restrictions (JUNE 1995) DFARS 252.227-7025, Limitation On The Use Or Disclosure Of Government- Furnished Information Marked With Restrictive Legends (JUNE 1995) DFARS 252.227-7027, Deferred Ordering of Technical Data or Computer Software (Apr 1988). DFARS 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government (Jun 1995). DFARS 252.227-7037, Validation of Restricted Markings on Technical Data (Jun 2013). DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012). DFARS 252.243-7001 Pricing Of Contract Modifications (DEC 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 11. PROVISIONS AND CLAUSES INCORPORATED FULL TEXT FAR 52.212-2, Evaluation - Commercial Items (Oct 2014). The following factors will be used to evaluate offers in accordance with FAR 52.212-2 (a) (b) (c); (a) The Government will award a contract on the basis of the lowest evaluated price of price quotes meeting or exceeding the acceptability standards for non-cost factors. Quotes are evaluated for acceptability but not ranked using the non-cost/price factors. (i) Lowest Price - Offeror's quotes will be evaluated on the basis of the lowest total price. (ii) Technical Acceptability - For purposes of this evaluation, the following two standards will constitute technical acceptability: (1) The offeror provides evidence that it is an authorized distributor of the license/s specified by the solicitation. (2) The offeror provides evidence that they are capable of providing the software license/s in accordance with the terms and conditions set forth in the solicitation. (3) Offerors have current registration in the System for Award Management website (http://sam.gov). Offerors are not on the list of contractors Debarred, Suspended, or Proposed for Debarment. Offerors do not have any delinquent federal debt. (b) 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 offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision. (a) Definitions. As used in this provision: "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people 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. 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 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 its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (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 electronically on the SAM website. (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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------. (Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern. Note to paragraphs (c)(8) and (9): 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 circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ ___ ballot] is, [ ___ ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _____________________________________________ (10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.) (i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business. (ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Average Annual Number of Employees Gross Revenues ___ 50 or fewer ___ $1 million or less ___ 51 - 100 ___ $1,000,001 - $2 million ___ 101 - 250 ___ $2,000,001 - $3.5 million ___ 251 - 500 ___ $3,500,001 - $5 million ___ 501 - 750 ___ $5,000,001 - $10 million ___ 751 - 1,000 ___ $10,000,001 - $17 million ___ Over 1,000 ___ Over $17 million (11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either-- (A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ( ___ ) has, ( ___ )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___ .) (12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) (The offeror shall check the category in which its ownership falls): ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) Certifications and representations required to implement provisions of Executive Order 11246- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ (List as necessary) (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) ( ___ ) Are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ballot] Have, [ ___ ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed End Product Listed End Product: Listed Countries of Origin: ___ ___ ___ ___ ___ ___ (2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.) ( ___ )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. ( ___ ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ___ )In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.) ( ___ ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. ( ___ ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ___ ) TIN: --------------------. ( ___ ) TIN has been applied for. ( ___ ) TIN is not required because: ( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ___ ) Offeror is an agency or instrumentality of a foreign government; ( ___ ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ___ ) Sole proprietorship; ( ___ ) Partnership; ( ___ ) Corporate entity (not tax-exempt); ( ___ ) Corporate entity (tax-exempt); ( ___ ) Government entity (Federal, State, or local); ( ___ ) Foreign government; ( ___ ) International organization per 26 CFR 1.6049-4; ( ___ ) Other ----------. (5) Common parent. ( ___ ) Offeror is not owned or controlled by a common parent; ( ___ ) Name and TIN of common parent: Name ___ . TIN - ___ . (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders. Commercial Items (May 2015). (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014 (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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: FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013). FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013). FAR 52.222-3, Convict Labor (June 2003). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014). FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015). FAR 52.222-26, Equal Opportunity (Apr 2015). FAR 52.222-50, Combating Trafficking in Persons (Mar 2015). FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013 (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: FAR 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). (End of clause) 12. QUOTE SUBMISSIONS The offeror must be registered in the System for Award Management (SAM) database prior to award. If the offeror is not registered in the SAM, it may do so through the SAM website at https://www.sam.gov. The offerors shall submit their quote via email to the Contracting Officer and Contract Specialist by: 10:30 a.m. - EDT-U.S. on 22 September 2015. Contact Information: Contracting Officer Vaishali Maisuria (443)861-4864 or vaishali.s.maisuria.civ@mail.mil Contract Specialist Adriana Underdue (443) 861-4859 or adriana.d.underdue.civ@mail.mil

Renewal software support for Atlassian Suite(JIRA Agile, Confluence Enterprise, Crowd, Crucible, FishEye, and JIRA)

Department of the Army, Army Contracting Command | Published September 9, 2015  -  Deadline September 22, 2015
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1. This is a COMBINED SYNOPSIS/SOLICITATION for COMMERCIAL SOFTWARE MAINTENANCE RENEWAL (e.g. Renewal software support for Atlassian Suite(JIRA Agile, Confluence Enterprise, Crowd, Crucible, FishEye, and JIRA) prepared in accordance with Federal Acquisition Regulations (FAR) Subpart 12.6 and Subpart 5.207, as supplemented with additional information included in this notice, this announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The word Government in this document refers to the United States Government, its authorized Agencies, Departments, Representatives, Personnel and Assigns only. 2. This combined synopsis/solicitation, W56JSR-15-R-0057, is issued as a Request for Quotes (RFQ). These requirements will result in Firm Fixed Price (FFP) type contracts for software maintenance/support and renewal. 3. Award will be made to the Lowest Priced Technically Acceptable (LPTA) submitted price quote. The Government reserves the right to make no award if the requirement is cancelled, there are insufficient funds, or the contracting officer cannot determine the quoted prices to be fair and reasonable. 4. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR)/Federal Acquisition Circular (FAC) 2005-83 effective 03 September 2015. 5. In the event that reasonable and acceptable quotes are received from two or more businesses meeting the Small Business size standard for the North American Industry Classification System (NAICS) Code declared for a requirement, that requirement may be set-aside for award to small business. In accordance with FAR 19.1405(b), if two or more reasonable and acceptable quotes are received from Service Disabled Veteran Owned Small Businesses (SDVOSB), that requirement will be set-aside for award to a SDVOSB. Award will be made for that particular requirement to the responsible small business whose price quote is determined technically acceptable and provides the lowest price. In accordance with FAR 19.1307, in full and open competitions a price evaluation preference of 10% will be assessed for HUBZone small businesses. The Government reserves the right to apply any applicable socio-economic small business set aside or sole source option based upon industry responses that are deemed fully responsive and fully technically competent. Otherwise, award will be made to the Offeror whose quote is deemed the lowest priced technically acceptable offer. 6. REQUIREMENTS DESCRIPTIONS/ QUANTITIES/ DELIVERY DATES The U.S. Army, intends to procure the following requirement for Software Licensing/Maintenance Support Renewal Agreements. Attached are the details for each Agreement: Requirement: Renewal software support for Atlassian Suite (JIRA Agile, Confluence Enterprise, Crowd, Crucible, FishEye, and JIRA) (NAICS 541519). ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Lot CONFLUENCE (SERVER) 500 USERS: COMMERCIAL SOFTWARE MAINTENANCE RENEWAL - SUPPORT ENTITLEMENT NUMBER: SEN-3831993 FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Lot CROWD (SERVER) UNLIMITED USERS: COMMERCIAL SOFTWARE MAINTENANCE RENEWAL - SUPPORT ENTITLEMENT NUMBER: SEN-3831997 FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1 Lot CRUCIBLE (SERVER) UNLIMITED USERS: COMMERCIAL SOFTWARE MAINTENANCE RENEWAL - SUPPORT ENTITLEMENT NUMBER: SEN-3831996 FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1 Lot FISHEYE (SERVER) UNLIMITED USERS: COMMERCIAL SOFTWARE MAINTENANCE RENEWAL - SUPPORT ENTITLEMENT NUMBER: SEN-3831994 FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Lot JIRA AGILE (SERVER) FOR JIRA 500 USERS: COMMERCIAL SOFTWARE MAINTENANCE RENEWAL - SUPPORT ENTITLEMENT NUMBER: SEN-3831995 FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 1 Lot JIRA (SERVER) 500 USERS: COMMERCIAL SOFTWARE MAINTENANCE RENEWAL - SUPPORT ENTITLEMENT NUMBER: SEN-3600763 FFP FOB: Destination PERIOD OF PERFORMANCE: Date of Award plus 12 months NET AMT 8. INSPECTION AND ACCEPTANCE: shall be at Destination. Shipment will be FOB Destination. 9. BASIS OF AWARD: LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA), NAICS Code matching (541519) and must be a small business. 10. REQUIREMENT SET ASIDE: This solicitation is a 100% Small Business set-aside. 11. PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE: applicable to this acquisition are as follows: FAR 52.204-7, System for Award Management (Jul 2013) FAR 52.204-12, Data Universal Numbering System Number Maintenance (Dec 2012) FAR 52.204-13, System for Award Management Maintenance (Jul 2013). FAR 52.212-1, Instructions to Offerors--Commercial Items (Apr 2014) FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015). FAR 52.227-1, Authorization and Consent (Dec 2007). FAR 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007). FAR 52.227-3, Patent Indemnity (Apr 1984). FAR 52.227-6, Royalty Information (Apr 1984). FAR 52.227-9, Refund of Royalties (Apr 1984). FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013). FAR 52.233-1, Disputes (May 2014). FAR 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998). DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011). DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013). DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officals (Sep 2011). DFARS 252.204-7004, Alternate A, System for Award Management (Feb 2014). DFARS 252.227-7015, Technical Data - Commercial Items (NOV 1995) DFARS 252.227-7016, Rights In Bid Or Proposal Information (JUNE 1995) DFARS 252.227-7017, Identification And Assertion Of Use, Release Or Disclosure Restrictions (JUNE 1995) DFARS 252.227-7025, Limitation On The Use Or Disclosure Of Government- Furnished Information Marked With Restrictive Legends (JUNE 1995) DFARS 252.227-7027, Deferred Ordering of Technical Data or Computer Software (Apr 1988). DFARS 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government (Jun 1995). DFARS 252.227-7037, Validation of Restricted Markings on Technical Data (Jun 2013). DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012). DFARS 252.232-7006, Wide Area Workflow Payment Instructions (May 2013) DFARS 252.243-7001 Pricing Of Contract Modifications (DEC 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 12. PROVISIONS AND CLAUSES INCORPORATED FULL TEXT FAR 52.212-2, Evaluation - Commercial Items (Oct 2014). The following factors will be used to evaluate offers in accordance with FAR 52.212-2 (a) (b) (c); (a) The Government will award a contract on the basis of the lowest evaluated price of price quotes meeting or exceeding the acceptability standards for non-cost factors. Quotes are evaluated for acceptability but not ranked using the non-cost/price factors. (i) Lowest Price - Offeror's quotes will be evaluated on the basis of the lowest total price. (ii) Technical Acceptability - For purposes of this evaluation, the following two standards will constitute technical acceptability: (1) The offeror provides evidence that it is an authorized distributor of the license/s specified by the solicitation. (2) The offeror provides evidence that they are capable of providing the software license/s in accordance with the terms and conditions set forth in the solicitation. (3) Offerors have current registration in the System for Award Management website (http://sam.gov). Offerors are not on the list of contractors Debarred, Suspended, or Proposed for Debarment. Offerors do not have any delinquent federal debt. (b) 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 offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013) ALTERNATE I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision. (a) Definitions. As used in this provision: "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people 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. 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 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 its stock is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. "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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (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 electronically on the SAM website. (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 representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------. (Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern. Note to paragraphs (c)(8) and (9): 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 circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-- (i) It [ ___ ballot] is, [ ___ ballot] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ___ ballot] is, [ ___ ballot] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _____________________________________________ (10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.) (i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business. (ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Average Annual Number of Employees Gross Revenues ___ 50 or fewer ___ $1 million or less ___ 51 - 100 ___ $1,000,001 - $2 million ___ 101 - 250 ___ $2,000,001 - $3.5 million ___ 251 - 500 ___ $3,500,001 - $5 million ___ 501 - 750 ___ $5,000,001 - $10 million ___ 751 - 1,000 ___ $10,000,001 - $17 million ___ Over 1,000 ___ Over $17 million (11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.) (i) General. The offeror represents that either-- (A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ( ___ ) has, ( ___ )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___ .) (12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) (The offeror shall check the category in which its ownership falls): ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (d) Certifications and representations required to implement provisions of Executive Order 11246- (1) Previous Contracts and Compliance. The offeror represents that-- (i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and (ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or (ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ (List as necessary) (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN ___ ___ ___ ___ ___ ___ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No.: Country of Origin: ___ ___ ___ ___ ___ ___ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) ( ___ ) Are, ( ___ ) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ___ ballot] Have, [ ___ ballot] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).) (1) Listed End Product Listed End Product: Listed Countries of Origin: ___ ___ ___ ___ ___ ___ (2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.) ( ___ )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. ( ___ ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ( ___ )In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( ___ ) Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.) ( ___ ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. ( ___ ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ___ ) TIN: --------------------. ( ___ ) TIN has been applied for. ( ___ ) TIN is not required because: ( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ___ ) Offeror is an agency or instrumentality of a foreign government; ( ___ ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ___ ) Sole proprietorship; ( ___ ) Partnership; ( ___ ) Corporate entity (not tax-exempt); ( ___ ) Corporate entity (tax-exempt); ( ___ ) Government entity (Federal, State, or local); ( ___ ) Foreign government; ( ___ ) International organization per 26 CFR 1.6049-4; ( ___ ) Other ----------. (5) Common parent. ( ___ ) Offeror is not owned or controlled by a common parent; ( ___ ) Name and TIN of common parent: Name ___ . TIN - ___ . (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders. Commercial Items (May 2015). (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014 (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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: FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013). FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) FAR 52.222-3, Convict Labor (June 2003). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014). FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015). FAR 52.222-26, Equal Opportunity (Apr 2015). FAR 52.222-50, Combating Trafficking in Persons (Mar 2015). FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013 (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: FAR 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). (End of clause) 13. QUOTE SUBMISSIONS The offeror must be registered in the System for Award Management (SAM) database prior to award. If the offeror is not registered in the SAM, it may do so through the SAM website at https://www.sam.gov. The offerors shall submit their quote via email to the Contracting Officer and Contract Specialist by: 10:30 a.m. - EDT-U.S. on 22 September 2015. Contact Information: Contracting Officer Vaishali Maisuria (443)861-4864 or vaishali.s.maisuria.civ@mail.mil Contract Specialist Adriana Underdue (443) 861-4859 or adriana.d.underdue.civ@mail.mil
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