CERFP Exercise
This is a combined synopsis/solicitation prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and is being issued as a total small business set-aside in accordance with FAR 52.219-6.
The solicitation number is W912JD-22-Q-0003 and is issued as a request for quote (RFQ) utilizing FAR Part 13 – Simplified Acquisition Procedures. This combined synopsis/solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07.
This requirement is being issued as a small business set-aside. The associated NAICS code is 541990 with a size standard of $16.5M. Service Contract Act WD #2015-4089 (Rev. No. 18) dated 12/27/2021 is also applicable.
The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide a vital realistic element to the exercise as defined in the attached Performance Work Statement. The place of performance shall be 4 Green Ln, Exeter, RI 02822. The period of performance shall be 11-14 April 2022. Please complete the price schedule shown below.
CLIN 0001 SCVS Support May 2022 Exercise, FFP; CONTRACTOR SHALL PROVIDE THE FOLLOWING:
Services, Non-Personal; SCVS Support consisting of three major requirements:
a) materials and equipment to support training on the pile
b) role players and other support staff to facilitate the training exercise
c) medical support to treat any real injuries/illnesses sustained during training.
All work shall be accomplished in accordance with the incorporated performance work statement/technical exhibits. $_______________________
The provision at 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following list of FAR and DFARS provisions and clauses apply to this solicitation and are hereby incorporated. They may be accessed electronically at https://www.acquisition.gov.
52.212-4 Contract Terms and Conditions—Commercial Items (NOV 2021)
52.252-2 Clauses Incorporated by Reference
52.204-7 System for Award Management (OCT 2018)
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)
52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
52.204-26 Covered Telecommunications Equipment or Services—Representation (OCT 2020)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)
52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services – Alternate 1 (NOV 2021)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (JAN 2022)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)
52.222-50 Combatting Trafficking in Persons (NOV 2021)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
52.232-18 Availability of Funds (APR 1984)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (JAN 2022)
252.201-7000 Contracting Officer’s Representative (DEC 1991)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)
252.204-7003 Control of Government Personnel Work Product (APR 1992)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 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)
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021)
252.223-7008 Prohibition of Hexavalent Chromium (JUNE 2013)
252.225-7048 Export-Controlled Items (JUNE 2013)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)
252.232-7006 Wide Area WorkFlow Payment Instructions (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)
252.244-7000 Subcontracts for Commercial Items (JAN 2021)
CLAUSES IN FULL TEXT
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(a), insert the following provision:
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
Questions regarding this RFQ shall be sent to leah.m.bennett11.civ@army.mil by 1500 EST on 8 March 2022. Amendments, if necessary, will be posted to the www.sam.gov website; paper copies will not be issued.
Offeror quotes will be evaluated in accordance with FAR 13.106-2. An award will be made to the offeror whose solicitation will be most advantageous to the Government. The following factors will be used to determine best value:
a) Price
b) Past Performance – Provide three references of work, similar in scope and size with the requirement detailed in the Performance Work Statement. These references must include a brief description of the work completed and the contract number (if relevant). The Government also reserves the right to obtain information for use in past performance evaluations from any and all sources.
c) Technical – Provide a brief proposal detailing how the requirements of the PWS will be accomplished.
While all three factors will be evaluated, price is slightly more important than past performance and technical. The Government reserves the right to award without discussion. Quotes are to be submitted to Leah Bennett, Contract Specialist at leah.m.bennett11.civ@army.mil by 17 March 2022 at 1500 EST.
W912JD-22-Q-0003 Department of the Army Maine Army National Guard
3/2/22, 12:34 PM