Oracle Solaris Premier Subscription

Solicitation Number ID40130075 Oracle Solaris Premier Subscription Dated: February 15, 2013 Senior Contracting Officer LaQulla (Quil) Williams [email protected] Client Org: United States Air Force-Robins C/O Robert Heddleson 750 Third Street Building 350, Stock Room C Robins AFB, GA 31098 Project Name: Oracle Solaris Premier Subscription Date of Delivery: No later than 5 days after award Order Type: Firm Fixed Price Issuance Date: February 16, 2013 Closing Date: February 22, 2013 Questions Due : February 20, 2013 This is a SMALL BUSINESS SET ASIDE Requirement This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this solicitation notice. This announcement constitutes the only solicitation, which is used as a Request for Quote (RFQ); quotes are being requested and a written solicitation will not be issued beyond this solicitation notice. This solicitation is issued as a Request for Quote (RFQ). In accordance with FAR 5.207, all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. Questions regarding this solicitation must be submitted in writing via email to LaQulla (Quil) Williams, Senior Contracting Officer at [email protected] no later than the aforementioned closing date and time. Oral communication is not accepted on this solicitation. It is the offeror's responsibility to monitor this site for the release of information amendments (if any). Potential offerors are responsible for downloading their own copy of this notice, and amendments (if any). The only method by which any term of this solicitation may be modified is by a formal amendment to the RFQ generated by the issuing office. No other communications, whether oral or in writing, will modify or supersede the terms of this solicitation notice Requirement The Contractor shall provide the United States Air Force-Robins AFB with Oracle Solaris Premier Subscription . Instructions 1 Failure to comply with the below instructions will result in quote being determined as non-responsive. Instructions 2 Period of Performance Maintenance: Date of Award through one year. Instructions 3 Vendors / sales agents submitting quotes SHALL be registered in ITSS. If vendor registration assistance is needed contact 877.243.2889 Option 2. Instructions 4 Contact LaQulla (Quil) Williams at [email protected] or 404-224-2354 to address any questions or comments. Instructions 5 Company shall be registered in Systems for Award Management (SAM). Web site is http://www.sam.gov. Quote must include proof of SAM registration. Instructions 6 Quote SHALL be good for 30 calendar days after submission. Instructions 7 Quote is to include all fees, including shipping or freight costs. Instructions 8 No partial shipments unless specifically authorized at time of award. Instructions 9 Section 508 and NSA validation are not applicable on this order. Instructions 10 The Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, via the ORCA website (http://orca.bpn.gov) FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition items quoted are on Schedule 70. Instructions 11 Failure to comply with the above instructions shall result in quote being determined as non-responsive. Instructions 12 Licenses procured under this acquisition shall not be resold or granted to any other organizations outside the U.S. DoD or any other programs. The licenses and maintenance will not automatically renew after expiration of the initial term of this contract. Quote Submission All interested parties must submit their quote via email to [email protected]. Quotes will only be accepted through this process. All offerors must be registered in the GSA IT Solutions Shop (ITSS) Web-base Order Processing System at https://it-solutions.gsa.gov or via telephone at 877-243-2889 option 2 Monday-Friday 6:00 AM - 5:30 PM PST or outside the continental United States at 858-481-1075 . In order to process the vendor's quote in ITSS for submission, all interested parties must send the exact individual name and company name registered in ITSS via email to [email protected] no later than 3:30pm on February 22, 2013. The contact's name must be exactly as it appears in ITSS. It is the interested parties' responsibility to ensure vendor registration is in ITSS, notification of ITSS registration to the GSA POC for this solicitation and submission of the quote are completed before the bid closing date and time. Extension to the RFQ closing date and time will not be granted due to late registration in ITSS. All interested parties quote must include the following: 1. The interested party shall state in their quotation: a. Vendor size status under the solicitation NACIS code, b. Proposed delivery schedule to client location, c. Vendor has an active registration in the System for Award Management (SAM), https://www.sam.gov/portal/public/SAM and in Online Representations and Certifications Applications (ORCA), https://orca.bpn.gov/. 2. Completed Bill of Material (BOM) Pricing Sheet with the unit cost, total cost and delivery date. 3. Company standard quote to include product specification, warranty information, and any services offered with the quoted product for BRAND NAME PRODUCTS ONLY. 4. Comparison matrix for any quoted equivalent products (if applicable). 5. Quote is to include all fees, including shipping or freight costs. No partial shipments unless specifically authorized at the time of award. 6. New equipment ONLY unless specified otherwise. NO remanufactured products and NO "gray market" items. Ensure that all items will be covered by the manufacturer's warranty. Quote per specifications requested. All must be covered by the manufacturer's warranty per the Bill of Materials. (If Applicable) 7. Quote MUST be good for 30 calendar days after submission. Basis for Award Selection and award will be made to the lowest priced, technically acceptable quote. Technically Acceptable is defined as meeting the requirements of the specifications listed in the Bill of Material. Missing documentation could potentially exclude an interested party from consideration of award. This order will be issued via ITSS on an electronic Standard Form 1449. Contracting Officer's Authority The Senior Contracting Officer (SCO) is the only person authorized to make or approve any changes in any of the requirements of this contract. The administration of this contract may be further delegated by the Senior Contracting Officer. GSA Point of Contact: LaQulla (Quil) Williams Senior Contracting Officer Information Technology Commodity Division Federal Acquisition Service GSA, Region 4 - Atlanta Phone: (404) 224-2354 Fax: (404) 331-3628 [email protected] Contract Administration Contract administration will be conducted by the CO and the assigned above. Unless otherwise stated herein, all correspondence concerning this contract issued hereunder will be directed to the Senior Contracting Officer at the following address: LaQulla (Quil) Williams Federal Acquisition Service IT Commodity Division GSA, Region 4 401 W. Peachtree Street, Suite 820 Atlanta, GA 30308 [email protected] Phone: (404) 224-2354 Delivery Information All deliveries should be made to: United States Air Force-Robins c/o Robert Heddleson 750 Third Street Building 350, Stock Room C Robins AFB, GA 31098 Contract Closeout The contractor shall submit a final invoice within forty-five (45) calendar days after the end of the Performance Period. Contract Performance Evaluation In accordance with FAR 8.406-7, Contractor Performance Evaluation and FAR 42.15, The Government shall provide and record Past Performance Information for acquisitions over $150,000 utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows contractors to view and comment on the Government's evaluation of the contractor's performance before it is finalized. Once the contractor's past performance evaluation is finalized in CPARS it will be transmitted into the Past Performance Information Retrieval System (PPIRS). Contractor's are required to register in the CPARS, so contractor's may review and comment on past performance reports submitted through the CPARS. CPARS https://www.cpars.csd.disa .mil/ PPIRS http://www.ppirs.gov Invoices The Contractor shall provide the following payment information for GSA use. It must be an exact match with the information under the order number in the GSA ITSS (Information Technology Solution Shop) Contract Registration (not the Contractor's company or individual representative's registration) as well as with the information under the Contractor's DUNS number in the System for Award Management (SAM). Web site is https://www.sam.gov/portal/public/SAM/. Quote must include proof of SAM registration. Mismatched information will result in rejected payments. Company Name - Legal Business Name and DBA (Doing Business As) Name Mailing Address - Contact and Address Information Remittance Address - Remit To Address Information Employer's Identification Number - Federal Tax ID DUNS (Data Universal Numbering System) Invoice Information Invoice Number - must not include any special characters; ITSS and the invoice must match ACT Number from SF 1449 GSA Order Number - must match ITSS Point of Contact and Phone Number Period of Performance for the Billing Period Prompt Payment Discount, if offered Total Invoice Amount - must match the acceptance information posted in ITSS; cannot exceed the current order ceiling Total cumulative Order Amount and Burn Rate Invoice Submittal A copy of the invoice must be posted in the GSA IT Solutions Shop (ITSS) web-based Order Processing System (http://it-solutions.gsa.gov) or future equivalent. The COTR and GSA CO/CAM must approve the invoice in ITSS prior to payment. The original invoice must be submitted to GSA's finance center. This may be done electronically to the finance center web site (http://www.finance.gsa.gov) or via regular U. S. mail to this address: General Services Administration BCEB PO BOX 219434 Kansas, MO 64121-9434 The invoice information posted in ITSS must match the invoice information submitted to GSA's finance center to initiate a receiving report. The payment information must satisfy a three-way match (ITSS, GSA finance center, and SAM) for the invoice to be successfully processed for payment. Invoices for Commodities may only be submitted after the goods are delivery unless otherwise approved by the Contracting Officer. Invoices for final payment must be so identified and submitted within 60 days from contract completion. No further charges are to be billed. The Contractor shall request an extension for final invoices that may exceed the 60 days from GSA. Clauses: The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (MAR 2012) (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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) (Pub. L.108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161) (May 2010) ___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (10) [Reserved] __X_ (11) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011) of 52.219-6. ___ (iii) Alternate II (Nov 2011) of 52.219-6. ___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d) (4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (15) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a) (14)). ___ (16) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i). ___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (18) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (Dec 2010). ___ (19) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub.) L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __X_ (21) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a) (2). ___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Nov 2011). ___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Nov 2011). X (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _ X _ (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _ X __ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _ X __ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _ X __ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _ X __ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (33) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3) (A) (ii). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). _ X __ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (38) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (39) 52.225-5, Trade Agreements (Mar 2012) (19 U.S.C. 2501, et seq. , 19 U.S.C. 3301 note). _ X __ (40) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ X _ (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (46) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (49) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate .] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq. ). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq. ). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq .). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq. ). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq. ). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq. ). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq .) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq .) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq. ) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) Clauses by reference: 252.227-7015 Technical Data-Commercial Items DFARS 252.201-7000 Contracting Officer's Representative DEC 1991 DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies DEC 2008 DFARS 252.204.7000 Disclosure of Information DEC 1991 DFARS 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 DFARS 252.209-7004 Subcontracting with Firms That are Owned or Controlled by the Government of a Terrorist Country DEC 2006 DFAR 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. As prescribed in 212.301 (f)(iii), use the following clauses as applicable: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAY 2012) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X__ 252.203-7000 , Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181). (2) ____ 252.203-7003 , Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509). (3) __X__ 252.205-7000 , Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (4) ____ 252.219-7003 , Small Business Subcontracting Plan (DoD Contracts) (SEP 2011) (15 U.S.C. 637). (5) ____ 252.219-7004 , Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note). (6)(i) ____ 252.225-7001 , Buy American Act and Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83, E.O. 10582). (ii) ____Alternate I (OCT 2011) of 252.225-7001 . (7) ____ 252.225-7008 , Restriction on Acquisition of Specialty Metals (JUL 2009)(10 U.S.C. 2533b). (8) ____ 252.225-7009 , Restriction on Acquisition of Certain Articles ContainingSpecialty Metals (JAN 2011) (10 U.S.C. 2533b). (9) __X_ 252.225-7012 , Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a). (10) ___ 252.225-7015 , Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (11) ____ 252.225-7016 , Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts). (12) _____ 252.225-7017 , Photovoltaic Devices (MAY 2012) (Section 846 of Pub. L. 111-383). (13)(i) ____ 252.225-7021 , Trade Agreements (MAY 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ____ Alternate I (OCT 2011) of 252.225-7021 . (iii) ____Alternate II (OCT 2011) of 252.225-7021 . (14) ____ 252.225-7027 , Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (15) ____ 252.225-7028 , Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (16)(i) ____ 252.225-7036 , Buy American Act-Free Trade Agreements-Balance of Payments Program (MAY 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note). (ii)___ Alternate I (OCT 2011) of 252.225-7036 . (iii) ___ Alternate II (OCT 2011) of 252.225-7036 . (iv) ___ Alternate III (OCT 2011) of 252.225-7036 . (v) ___ Alternate IV (MAY 2012) of 252.225-7036 . (vi) ___ Alternate V (MAY 2012) of 252.225-7036 . (17) ____ 252.225-7038 , Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (18) ____ 252.225-7039 , Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (19) ____ 252.226-7001 , Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts). (20) ___ 252.227-7013 , Rights in Technical Data-Noncommercial Items (FEB 2012), if applicable (see 227.7103-6 (a)). (21) _X___ 252.227-7015 , Technical Data-Commercial Items (DEC 2011) (10U.S.C. 2320). (22) ____ 252.227-7037 , Validation of Restrictive Markings on Technical Data(SEP 2011), if applicable (see 227.7102-4(c). (23) ____ 252.232-7003 , Electronic Submission of Payment Requests andReceiving Reports (MAR 2008) (10 U.S.C. 2227). (24) ____ 252.237-7010 , Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84) (25) ____ 252.237-7019 , Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (26) ____ 252.243-7002 , Requests for Equitable Adjustment (MAR 1998) (10U.S.C. 2410). (27) ____ 252.246-7004 , Safety of Facilities, Infrastructure, and EquipmentFor Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84). (28) ____ 252.247-7003 , Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (29)(i) ____ 252.247-7023 , Transportation of Supplies by Sea (MAY 2002) (10U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023 . (iii) ____ Alternate II (MAR 2000) of 252.247-7023 . (iv) ____ Alternate III (MAY 2002) of 252.247-7023 . (30) ____ 252.247-7024 , Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (31) ____ 252.247-7027 , Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7039 , Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383). (2) 252.227-7013 , Rights in Technical Data-Noncommercial Items (FEB 2012), if applicable (see 227.7103-6 (a)). (3) 252.227-7015 , Technical Data-Commercial Items (DEC 2011), if applicable (see 227.7102-4 (a)). (4) 252.227-7037 , Validation of Restrictive Markings on Technical Data (SEP 2011), if applicable (see 227.7102-4 (c)). (5) 252.237-7010 , Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (6) 252.237-7019 , Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). (7) 252.247-7003 , Pass-Through of Motor Carrier Fuel Surcharge Adjustmentto the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417). (8) 252.247-7023 , Transportation of Supplies by Sea (MAY 2002) (10 U.S.C 2631). (9) 252.247-7024 , Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). DFARS 252.209-7999 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2012-O0004)(JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a task order 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 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) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a).