DATA BASE ACCESS

<<FOR COMPETITVE>>N00164-22-Q-0093 – DATA BASE ACCESS – FSC/PSC 7A21 - NAICS 511120

ISSUE DATE 15 SEP 2022 – CLOSING DATE 16 SEP 2022 – 4:00 PM Eastern Time

ITEM DESCRIPTION- Naval Surface Warfare Center (NSWC) Crane has a requirement for

Competitive Solicitation N0016422Q0093 was solicited on GSA E-Buy RFQ1549562 for more than 30 days IAW GSA Terms and Conditions under MAS Schedule 511120 FARS and DFARS Terms and Conditions. Market research concluded from the GSA vendors that all CLINS were on GSA. After receipt of solicitation responses the vendor notified that there are (6) CLINS are in fact Open Market.  In accordance with FAR 8.4 all Open Market CLINS must have ALL applicable FAR 13 compliances executed.

CLIN 0001 AA Open Market, EWB Platform, P/N: 2000027216 Concurrent Users Seats 999,

Parts Intelligence 10 SIMO User P/N: 2000028019, Concurrent Users Seats 10,

Parts Intelligence/Add Fasteners Content P/N: 2000020920, Concurrent Users Seats 10, QTY = 1 Each

CLIN 0001 AH, Open Market, ASME/BPVC Advantage Online P/N: 2000020609, Concurrent Users/Seats 1 Location Sites 1, QTY = 1 Each

CLIN 0001 AJ, Open Market, ASME/BPVC Sec VIII Div1 woDRM A/H/Online, P/N: 2000048906, Concurrent Users/Seats 1 Location Sites 1, QTY = 1 Each

CLIN 0001 AK, Open Market, Haystack ILS/Online, P/N: 2000034866, Concurrent Users/Seats 1 Location Sites 1, QTY = 1 Each

CLIN 0001 BD, Open Market, Stds Expert Custom Collection Online SAE P/N: 2000022016, Concurrent Users/Seats 1 Location Sites 1, QTY = 1 Each

CLIN 0001 BF, Open Market, BOM Intelligence Add Fasteners SAE P/N: 2000020870, Concurrent Users/Seats 1 Location Sites 1, QTY = 1 Each

Contractors must be properly registered in the System for Award Management (SAM). Offerors may obtain information on SAM registration and annual confirmation requirements by calling 866-606-8220 or via the internet at https://sam.gov.

This solicitation is being issued pursuant to the procedures at FAR Part 13 as a written .  Synopsis exception FAR 5.202(a)(13) applies and Solicitation Number N00164-22-Q-0093 is hereby issued.   

All changes to the requirement that occur prior to the closing date will be posted to Contract Opportunities on https://sam.gov/.  It is the responsibility of interested vendors to monitor https://sam.gov/ for any amendments, which may be issued to this solicitation. 

For changes made after the closing date, only those offerors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Offers shall be e-mailed to marty.arvin2.civ@us.navy.mil.    All required information must be received on or before 4:00 PM EASTERN TIME.

Reference the following for Clause and Provision, and Tech Evaluation

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13

System for Award Management Maintenance

OCT 2018

52.204-18

Commercial and Government Entity Code Maintenance

AUG 2020

52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-10

Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-2

Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JUL 2021

52.211-15

Defense Priority And Allocation Requirements

APR 2008

52.219-4

Notice of Price Evaluation Preference for HUBZone Small Business Concerns

SEP 2021

52.219-28

Post-Award Small Business Program Rerepresentation

SEP 2021

52.222-19 (Dev)

Child Labor - Cooperation with Authorities and Remedies  (DEVIATION 2020-O0019)

JAN 2022

52.222-21

Prohibition Of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-35

Equal Opportunity for Veterans

JUN 2020

52.222-36

Equal Opportunity for Workers with Disabilities

JUN 2020

52.222-50

Combating Trafficking in Persons

DEC 2021

52.223-18

Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13

Restrictions on Certain Foreign Purchases

FEB 2021

52.229-11

Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-33

Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.242-15

Stop-Work Order

AUG 1989

52.247-34

F.O.B. Destination

NOV 1991

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.204-7003

Control Of Government Personnel Work Product

APR 1992

252.204-7009

Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020

NIST SP 800-171 DoD Assessment Requirements

NOV 2020

252.209-7004

Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003

Item Unique Identification and Valuation

MAR 2016

252.223-7008

Prohibition of Hexavalent Chromium

JUN 2013

252.225-7002

Qualifying Country Sources As Subcontractors

DEC 2017

252.225-7021

Trade Agreements--Basic

SEP 2019

252.225-7048

Export-Controlled Items

JUN 2013

252.227-7015

Technical Data--Commercial Items

FEB 2014

252.227-7028

Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7030

Technical Data--Withholding Of Payment

MAR 2000

252.227-7037

Validation of Restrictive Markings on Technical Data

SEP 2016

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010

Levies on Contract Payments

DEC 2006

252.232-7017

Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration

APR 2020

252.239-7018

Supply Chain Risk

FEB 2019

252.243-7001

Pricing Of Contract Modifications

DEC 1991

252.244-7000

Subcontracts for Commercial Items

JAN 2021

252.246-7001

Warranty Of Data

MAR 2014

252.247-7023

Transportation of Supplies by Sea

FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-4      CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5     CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-O0021) (JAN 2022)

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.  

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.217-7 VAR I OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) (NAVSEA VARIATION I) (OCT 2018)

The Government may require the delivery of the numbered line item(s)/subline item(s), identified in the Schedule as an option item(s), in the quantity and at the price(s) stated in the Schedule.  If more than one option exists, the Government has the right to unilaterally exercise any such option, in whole or in part up to the total quantity specified in the option item, whether or not it has exercised other options.  Option(s) shall be exercised, if at all, by written or telegraphic notice(s) signed by the Contracting Officer semt to extend options within Two weeks of delivery of added items shall countinue at the same rate.

ITEMS

Option #

Duration Dates

TERM OF USE

CLIN 0002AA through 0002BH

1 through 31

10/1/2023 through 9/30/2024

Each Option (SubCLIN) can only be exercised 1 time only

CLIN 0003AA through 0003BH

32 through 62

10/1/2024 through 9/30/2025

Each Option (SubCLIN) can only be exercised 1 time only

CLIN 0004AA through 0004BH

63 through 93

10/1/2025 through 9/30/2026

Each Option (SubCLIN) can only be exercised 1 time only

CLIN 0005AA through 0005BH

94 through 124

10/1/2026 through 9/30/2027

Each Option (SubCLIN) can only be exercised 1 time only

 (End of clause)

52.217-9 VAR I OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (NAVSEA VARIATION I) (OCT 2018)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least

6 months before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any option(s) under this clause, shall not exceed

Six Years

ITEMS

Option #

Duration Dates

TERM OF USE

CLIN 0002AA through 0002BH

1 through 31

10/1/2023 through 9/30/2024

Each Option (SubCLIN) can only be exercised 1 time only

CLIN 0003AA through 0003BH

32 through 62

10/1/2024 through 9/30/2025

Each Option (SubCLIN) can only be exercised 1 time only

CLIN 0004AA through 0004BH

63 through 93

10/1/2025 through 9/30/2026

Each Option (SubCLIN) can only be exercised 1 time only

CLIN 0005AA through 0005BH

94 through 124

10/1/2026 through 9/30/2027

Each Option (SubCLIN) can only be exercised 1 time only

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

(c)  The total duration of this contract, including the exercise of any option(s) under this clause, shall not exceed five (5) years, however, in accordance with paragraph (j) of the requirement of this contract entitled "Level of Effort – Alternate I", if the total manhours delineated in paragraph (a) of the Level of Effort requirement, have not been expended within the period specified above, the Government may require the Contractor to continue to perform the work until the total number of manhours specified in paragraph (a) of the aforementioned requirement have been expended.

(End of clause)

C-212-W001 Contract Terms and Conditions—Commercial Items Addendum TO 52.212-4 (NAVSEA) (OCT 2018)

(o) Warranty -- append the following to paragraph (o): 

The contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale at no additional cost to the Government.  Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause nor does it limit the Government's rights with regard to the other terms and conditions of this contract.  In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.  The standard commercial warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule.

The contractor shall provide a copy of its standard commercial warranty (if applicable) with its offer.  The warranty covers a period of       months.  (Offeror is to insert number.) OEM STANDARD COMMERCIAL WARRANTY

The following information is hereby appended to the clause: 

(w) Data Rights.  The Government shall have data rights to all data generated under this contract or order in accordance with DFARS 252.227-7015.

(End of text)

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS (NAVSEA) (MAR 2019)

(a)  Commercial Supplier Agreement means End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement.

(b)  Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer without hyperlinks.

(c)  The contract/order Schedule and Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions—Commercial Items, shall take precedence over any conflicting provisions in a Commercial Supplier Agreement.

(d)  If any requirement in the Commercial Supplier Agreement conflicts with Federal law or regulations (see FAR 12.212(a)), the following shall apply:

       (i)  Any such requirement is unenforceable against the Government.

       (ii)  Neither the Government nor any Government authorized end user shall be deemed to have agreed to such requirement by virtue of it appearing in the Commercial Supplier Agreement.  If the Commercial Supplier Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such requirement.

 (iii)  Any such requirement is deemed to be stricken from the Commercial Supplier Agreement.

(e)  Automatic renewals.  License Agreements will expire at end of the term identified in the Purchase Order/Contract.  Automatic renewals are not permitted and any such provision is void.

(f)  Changes to the Commercial Supplier Agreement.  Unilateral changes of the Commercial Supplier Agreement are impermissible and any requirement authorizing such changes is unenforceable.  Changes must be in writing and executed by both parties to be effective.

 (g)  Third Part License (Embedded Software).

      (i)  The Contractor agrees that it has obtained all necessary licenses for the Government for any third party materials (including without limitation all Open Source licenses) provided within the product.

      (ii)  Contractor agrees that it complies with and shall continue to comply with all of its obligations under Third Party Licenses (including without limitation all Open Source licenses) associated with any third party materials provided within each product.

      (iii)  To the extent that the Government’s use of the software products licensed herein is in compliance with the Contractor’s Commercial Supplier Agreement, the Government’s use will also be in compliance with any Third Party Licenses.

(h)  Audits.  In lieu of any audit provisions in the Commercial Supplier Agreement, the Government agrees that, no more than once every twelve (12) months or within a reasonable time after a transfer, the Contractor shall, upon reasonable notice, have the right to require that the Government conduct an internal audit to ascertain and verify the number of licenses in use and to verify that the Government’s use of the product is in conformity with this Agreement.  The Government is not required to use any tools provided by the Contractor to conduct the audit and shall not be required to pay for any tools provided by the Contractor to conduct the audit. The results of any such audit shall be kept confidential.

If verification discloses that the Government’s use is not in conformity with this Agreement, the Government agrees to resolve any noncompliance by either removing or correcting the unlicensed installation and use of the software identified by the audit as not in conformity with this Agreement.

(i)  Confidentiality.  Commercial Supplier Agreements’ terms and the final contract pricing may not be deemed confidential.  Other marked confidential information will be appropriately guarded.

(j)  Assignment.  The Government shall have the right, without the prior written consent of the Contractor or its authorized resellers, to assign, reassign, or transfer software licenses among Government employees or the Government’s rights in the Contractor’s product to any governmental organization that is managed, operated, or controlled by the Government.

Such authorization includes sublicensing, and assignment or transfer among or between authorized users. In the event authorized users are reorganized or restructured such that their responsibilities and operations are transferred to another government agency, the agency shall have the right to assign the affected program licenses to a successor agency.  The licensed agency and the successor agency agree to be bound to the Commercial Supplier Agreement as modified. The transferee shall be bound by the license metrics and limitations in this license.  Government shall complete any documentation required by the Contractor to facilitate the transfer of this license, and continuation of support shall be the responsibility of the transferee.

For the avoidance of doubt, any assignment or transfer of licenses of the Contractor’s products is also subject to all other terms of the Commercial Supplier Agreement, as well as the Contractor’s policies governing product dependencies and version compatibility.  Reassignment does not require that the license be under maintenance or support in order to execute a transfer.

(k)  Litigation. Any requirement insisting that the commercial supplier or licensor control any litigation arising from the government’s use of the contractor’s supplies or services is deleted and unenforceable.

(l)  Equitable Remedies.  Equitable remedies, injunctive relief, and binding arbitration requirements shall not be enforced unless explicitly authorized by agency guidance or statute.

(m)  Venue. Any claim or dispute shall be resolved under the Contract Disputes Act and FAR 52.233-1.  The forum for resolution of disputes and applicable statutes of limitation shall be governed by federal law.

(n)  Applicable law. In accordance with FAR 52.233-4, United States law shall apply to resolve any claim of breach of this contract and such actions shall be handled in the applicable Federal court of jurisdiction.

(End of text)

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

DOCUMENT TYPE

DESCRIPTION

PAGES

DATE

Exhibit _

CDRLA001

Attachment 1

SOW

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-7

System for Award Management

OCT 2018

52.204-16

Commercial and Government Entity Code Reporting

AUG 2020

52.204-17

Ownership or Control of Offeror

AUG 2020

52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.204-26

Covered Telecommunications Equipment or Services--Representation.

OCT 2020

52.209-2

Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.212-3 Alt I

Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2021) Alternate I

OCT 2014

52.222-22

Previous Contracts And Compliance Reports

FEB 1999

52.222-25

Affirmative Action Compliance

APR 1984

52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.204-7008

Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016

Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7019

Notice of NIST SP 800-171 DoD Assessment Requirements

NOV 2020

252.213-7000

Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7007

Notice of Intent to Resolicit

JUN 2012

252.215-7008

Only One Offer

JUL 2019

252.215-7013

Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.239-7017

Notice of Supply Chain Risk

FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

   

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

   

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of

code is known as a NATO CAGE (NCAGE) code.

   

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

   

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

   

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

   

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

   

Predecessor CAGE code: ____ (or mark “Unknown”).

   

Predecessor legal name: ____.

   

(Do not use a “doing business as” name).

   

(End of provision)

52.209-11 REPRESENTATION by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

   

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

   

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

   

(b) The Offeror represents that--

   

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

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

(End of provision)

52.211-14     NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be       DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

252.203-7005  REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

   

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

(End of provision)

252.209-7997  REPRESENTATION by corporations regarding an unpaid delinquent tax Liability or a felony conviction under any federal law—DoD appropriations

(DEVIATION 2013-O0006) (JAN 2013)

(a)  In accordance with section 101 (a) (3) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

(End of provision)

252.209-7998  REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a)  In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b)  The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

(End of provision)

252.225-7974  REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020)

(a)  Definitions.  As used in this provision -

Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela".

Business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Government of Venezuela means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela. 

Person means -

(1)  A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2)  Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3)  Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition. 

(b)  Prohibition.  In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c)  Representation.  By submission of its offer, the Offeror represents that the Offeror -

(1)  Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2)  Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019)

(a)  NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b)  The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

       (1)  The support contractor not disclose any information;

        (2)  Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

        (3)  The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

        (4)  In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c)  Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d)  NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

(End of provision)

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.212-1

Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

Section M - Evaluation Factors for Award

CLAUSES INCORPORATED BY FULL TEXT

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

THE FOLLOWING BEST VALUE DETERMINATION IAW FAR 13.1 WILL BE USED TO EVALUATE THE QUOTES USING LOW PRICE TECHNICALLY ACCEPTABLE EVALUATION CRITERIA:

The Government intends to evaluate Request for Quotes IAW FAR 13.1 and award without discussion, but reserves the right to conduct discussions. Therefore, the offeror's initial Request For Quote should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the contracting officer to be necessary.

QUOTERS – PLEASE SEE THE FOLLOWING FOR EVALUATION CRITERIA

The following Best Value Factors listed will be used to evaluate the Quotes using Best Value.

TECHNICAL APPROACH

IAW Statement of Work response include descriptive literature and/or product literature

DELIVERY

PAST PERFORMANCE

PRICE

Technical Acceptance Factor #1: Technical Approach

Quoters will need to provide a SOW Compliance Matrix.

The SOW Compliance Matrix shall cite for each SOW paragraph/subparagraphs whether the vendor can meet the requirements with a “Yes” Or “No” along with product literature or a capabilities document which outlines how the vendor will provide the systems IAW the Statement of Work.

Technical Approach Capabilities Document shall provide a response to Statement of Work if providing an OR EQUAL RESPONSE.

See below technical acceptance evaluation matrix which has a GO (Acceptable)/NO GO (Unacceptable) section that will need filled out as part of technical acceptance. 

The SOW Compliance Matrix and product literature and/or capabilities document will be evaluated by the Requiring Technical Activity (RTA) in conjunction with the matrix to ensure technical acceptance.

Technical Acceptance Factor #2: Delivery

Quoters will need to confirm compliance with the delivery schedule for all CLIN’s for evaluation by the Government. All vendors who can meet the Governments required delivery date will be deemed technically acceptable.

Technical Acceptance Factor #3: Past Performance

Past performance will be based on GO (Acceptable) /NO GO (Unacceptable).

https://www.ppirssrng.csd.disa.mil/default.htm

SEE TECHNICAL ACCEPTANCE EVALUATION MATRIX BELOW:

Quoter’s by checking a “GO” column you are certifying that your company meets

Technical acceptance evaluation factors. Matrix must be filled out for consideration of award.

TECHNICAL ACCEPTANCE EVALUATION FACTOR

GO

(Acceptable)

NO GO

(Unacceptable)

IF YOU CAN EXCEED ANY TECHNICAL ACCEPTANCE EVALUATION CRITERIA PLEASE INDICATE HOW BELOW

TECHNICAL APPROACH-

SOW COMPLIANCE MATRIX

By checking GO in this box you are certifying you can provide all vendor can meet the requirements with a “Yes” Or “No” along with product literature or a capabilities document which outlines how the vendor will provide the systems IAW the Statement of Work.

TECHNICAL APPROACH-

Technical Approach Capabilities Document STATEMENT OF WORK                           By checking GO in this box you are certifying you can provide all SOW requirements, and have provided supporting documentation (product literature and/or a capabilities document) detailing how you will meet each requirement of the SOW for N0016422Q0093

CONFORMANCE TO DELIVERY

By checking GO in this box you are certifying that your company meets the Governments required delivery schedule.

CONFORMANCE TO PAST PERFORMANCE

By checking GO in this box you are certifying that your company meets all of the past performance requirements.

SEE TECHNICAL ACCEPTANCE EVALUATION MATRIX BELOW:

Quoter’s by checking a “GO” column you are certifying that your company meets

Technical acceptance evaluation factors. Matrix must be filled out for consideration of award.

A RESPONSIVE QUOTE CONSISTS OF THE FOLLOWING

Signed, dated, filled out SF-1449 (ALL Pages Returned)

All pricing must be entered on each CLIN of solicitation.

Technical Evaluation Matrix completely filled out

ADDITIONAL DOCUMENTATION WILL BE ACCEPTED HOWEVER NO QUOTER WILL BE CONSIDERED TECHNICALLY ACCEPTABLE WITHOUT THE ABOVE MENTIONED DOCUMENTATION.

TO BE CONSIDERED TECHNICALLY ACCEPTABLE ALL QUOTERS MUST MEET THE ABOVE CRITERIA. ONCE QUOTERS HAVE BEEN DEEMED TECHNICALLY ACCEPTABLE, THEN AND ONLY THEN WILL PRICE BE EVALUATED.

Quotes that are non-compliant with any material requirement of this solicitation may be rejected without further consideration for award. This will be a firm fixed price contract and will be awarded utilizing Simplified Acquisition Procedures.

(End of provision)