PROPOSAL PREPARATION AND EVALUATION INFORMATION.pdf

PROPOSAL PREPARATION AND EVALUATION INFORMATION

INTRODUCTION:

USDA Rural Development intends to establish a single award IDIQ to issue Task Orders for services as defined in the PWS Scope and identified by CLINS.

The IDIQ Award and subsequent Task Orders are subject to Availability of Funds.

The IDIQ maximum is $49,900,000. The IDIQ minimum is $10,000.

Task Order types allowed under this IDIQ will be Firm Fixed Price (FFP).

Tasks Orders will be issued when required by the ordering activity.

Only the Contracting Officer is authorized to issue a Task Order under this agreement.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation is being issued in conjunction with FAR Parts 12 – Acquisition of Commercial Products and Commercial Services and 15 – Contract By Negotiation.

The solicitation number is 12SAD123R0004. This solicitation is issued as a Request for Proposal (RFP).

Anticipated Award date is August 16, 2024.

The Government will evaluate proposals submitted in response to this solicitation, which meet the requirements in accordance with the evaluation factors listed. Offerors are required to meet all solicitation requirements, including terms and conditions, representations, and certifications. Failure to provide the minimal information needed for each factor will result in the Proposal being considered non-responsive.

The Government will award a single contract resulting from this solicitation to the offeror whose offer conforming to the solicitation, is determined to provide the best overall value to the Government. Contract Type: The Government anticipates this solicitation will result in a single award Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract to issue Task Orders as defined in the Performance Work Statement (PWS) Scope and identified by Contract Line Item Number(s)

(CLINS).

ELIGIBILITY: In order to be eligible for award, the business must have a valid and active System for Award Management (SAM) registration.

PROPOSAL SUBMITTAL AND AWARD INFORMATION:

A. Proposals - Offeror’s shall send an electronic unredacted Volume I Technical, and redacted technical proposal that omits the Offeror’s name, Past Performance and Price Proposal to the email address below by Friday, July 12, 2024, no later than 4:00 PM EST. Failure to submit a redacted Volume I Technical proposal will make the Offeror ineligible for award. Past performance questionnaires shall be submitted directly to the contracting officer by Offerors selected points of contact in accordance with technical subfactor 1. NO FAXED PROPOSALS WILL BE ACCEPTED.

Please include in your email submission Subject line, the Solicitation number 12SAD123R0004 Submit your Proposal package to:

Camille.Perry@USDA.gov mailto:Camille.Perry@USDA.gov

Contracting Officer, Rural Development

Margaret.Thompson@USDA.gov Contracting Officer, Rural Development

Offeror’s shall prepare the Technical Proposal with the Selection Criteria and Evaluation Factors in mind, in terms of both content and organization, to facilitate evaluation.

All proposals must be submitted using the following naming convention:

Volume I- Technical Factor 1 Technical Proposal- 12SAD123R0004- Technical Experience- <Company Name>.docx Proposal- 12SAD123R0004- Technical Approach- <Company Name>.docx Proposal- 12SAD123R0004- Management Plan- <Company Name>.docx Proposal- 12SAD123R0004- Qualifications- <Company Name>.docx Proposal- 12SAD123R0004- Quality Control- <Company Name>.docx

Volume II- Price Proposal-12SAD123R0004- Price Supporting Information<Company Name>.docx Proposal-12SAD123R0004- Price Workbook<Company Name>.xlsx

For the purposes of this solicitation, one page is defined as one electronic page which is no larger than 8.5” x 11” with 1” margins on all sides. Font shall be either Times New Roman or Arial and the font size shall be no smaller than 11. Tables and illustrations may use a reduced text size of 8-point or larger, using Times New Roman font or Arial font.

Electronic quotation files shall be free of any restrictions which prevent or limit the Government’s ability to copy, print, comment, etc. within the electronic documents.

Mark each page in your proposal as “"Source Selection Information-See FAR 2.101 and 3.104. For Government Use Only” either in the header or footer section

Also mark any proprietary information as such either in the page footer/header.

B. Questions regarding the Request for Proposals:

All questions shall be submitted to the above e-mail address no later than 3:00 PM EST on June 28, 2024.

Offerors must use Attachment 2 “Offeror Questions Template” for submitting question(s). Questions received not in this format may not be answered. The Government reserves the right not to answer any questions received after the due date. The earlier the questions are submitted, the earlier a response may be posted.

C. Evaluation factors and Criteria for Award

1. Prior to evaluation, the Government will perform a compliance check of proposals to determine whether the Offerors strictly complied with the solicitation's instructions for the format and content of the proposal.

Offerors that do not comply with the detailed instructions, may be considered non-responsive and will not be evaluated. In addition, a proposal may be eliminated from further consideration before the initial rating if the proposal is deficient as to be totally unacceptable on its face. For example, a proposal may be deemed deficient if it does not represent a reasonable initial effort to address the essential requirements of the solicitation, or if it clearly demonstrates that the Offeror does not understand the requirements of the solicitation.

mailto:Margaret.Thompson@USDA.gov

2. The Government will evaluate proposals submitted in response to this solicitation, which meet the requirements in accordance with the evaluation factors listed. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications.

3. The Government reserves the right to make technical/price tradeoffs that are in the best interest and to the advantage of the Government. The Government reserves the right to accept other than the lowest priced offer. The right is also reserved to reject any and all offers.

4. The Government may award the contract without discussions. Initial proposals must contain the best offer. The Government may conduct clarifications as described in FAR 15.306. The Government reserves the right to conduct discussions if determined necessary and may limit such discussions to a competitive range for purposes of efficiency.

5. This procurement will be a single award on a best value basis resulting from this solicitation to the responsible offeror, whose technical, past performance and price relationship represents the best value to the Government.

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

PROPOSAL FORMAT

VOLUME ONE

FACTOR 1- TECHNICAL AND SOCIO-ECONOMIC STATUS

TAB A. General Information

• The Cover Page is limited to one page. It is to include the Solicitation Number, Project Title, Company’s UEI / DUNS Number, Cage Code, Tax ID number, principal points of contact (to include position / title, EMAIL ADDRESS, mailing address, phone numbers), Socio-Economic Status, and place of performance for purposes of identifying the appropriate wage determination.)

• Table of Contents TAB B: Factor 1- Technical

(Pages submitted in excess of the page limitations described below will not be evaluated. Do not include any logos or other information that would identify your company in TAB B)

• Subfactor- 1 Technical Experience (10-pages maximum)

• Subfactor- 2 Technical Approach (120-pages maximum)

• Subfactor- 3 Management Plan / Capacity (5-pages maximum)

• Subfactor- 4 Qualifications (5-pages maximum)

• Subfactor- 5 Quality Control (3-pages maximum)

FACTOR 2 - PAST PERFORMANCE

Do Not Submit Additional information for this Factor

VOLUME TWO

FACTOR 3 - PRICE PROPOSAL

TAB A: General Information

• Cover Page is limited to one page. It is to include the Solicitation Number, Project Title, Company’s UEI / DUNS Number, Cage Code, Tax ID number, principal points of contact (to include position / title, EMAIL ADDRESS, mailing address, phone numbers.)

• Table of Contents

• SF 1449 - Signed and dated by the owner or authorized representative.

• Signed and dated acknowledgement of all amendments, and that the Firm Offer is valid for 180 days.

• Representations & Certifications, as required in any included provisions.

TAB B:

(Do not include any logos or other information that would identify your company in TAB B)

• Pricing Narrative, Assumptions and Exceptions and Supporting Data. (no page limit)

• Attachment 1 –Pricing Workbook

PROPOSAL EVALUATION/SELECTION CRITERIA

A. Best Value Selection and Evaluation Procedures:

1. The Government will evaluate all proposals in accordance with FAR 12 in conjunction with FAR 15.305(a). This will be an evaluation utilizing the BEST VALUE. Evaluations are based on the information provided in response to the information requested in the below evaluation factors. The Contracting Officer, with the assistance of qualified Technical Evaluators, will evaluate each Proposal to determine the Offeror’s ability to accomplish the work as set forth in this solicitation. Evaluations will be based solely on the evaluation factors and criteria detailed below in the Criteria Section. a

2. ALL NON-PRICE FACTORS ARE LISTED IN DESCENDING ORDER OF IMPORTANCE WITH

SUBFACTORS BEING OF EQUAL IMPORTANCE. ALL NON-PRICE FACTORS, WHEN

COMBINED, ARE EQUAL TO PRICE. TECHNICAL IS MORE IMPORTANT THAN PAST

PERFORMANCE.

3. Offerors are advised that their best terms and conditions should be presented in their initial Proposal.

Offerors should not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. Award of a conforming proposal may be made without discussions, if deemed to be within the best interests of the Government; however, offerors are advised that discussions may occur if deemed necessary.

i. The Government will award a firm fixed-price contract to that responsible Offeror whose proposal, conforming to the solicitation, is fair and reasonable and balanced, and has been determined to be most advantageous to the Government. The Government reserves the right to accept other than the lowest priced offer. The right is also reserved to reject any and all offers.

ii. Each Offeror’s Proposal shall address the following evaluation factors.

B. Evaluation Criteria NOTE: Offeror’s Proposal should demonstrate a full understanding of the work contained in the PWS and the associated risks. Do not simply copy and paste the PWS into your Proposal response.

Factor 1: Technical Factor 1- Technical (will be cumulatively assessed based on the following):

o Sub-Factor 1: Technical Experience (10-pages maximum) o Submit a narrative demonstrating successful contract experience on each PWS Focus Areas (FA) for up to five (5) contracts performed/performing within the past 5 years. If proposing teaming arrangements and/or joint ventures, at least one member must demonstrate successful experience on all PWS Focus Areas within the past 5 years.

o Per FA or a combination of FAs, provide the following contract information that provides attestation of experience in each of the FA areas:

i. Brief description of contract.

ii. Details of work tasks completed.

iii. Period of performance.

iv. Contract value.

v. Amount your company has invoiced to date.

o In addition to the Technical Experience narrative, the Government will validate Offeror’s Past Performance on the contracts used to demonstrate their technical experience: Offerors are required to send the Attached Reference Questionnaire to the designated points of contact no more than five (5) contracts to verify the relevant Past Performance on each contract information provided. The completed questionnaire must be submitted directly to the Contracting Officer from the designated points of contact and will not be accepted after the proposal due date and time. Reference Questionnaires will not be part of the Technical Experience page count.

o The Offeror’s provided experience will be evaluated to determine how closely it matches the PWS requirements in scope and size.

o Offeror’s ability to demonstrate experience in relevant unique, specialized, and/or challenging circumstances may increase Offer’s Confidence Level.

o Sub-Factor 2: Technical Approach Submit a narrative detailing your approach to provide the full range of services described in the IDIQ Performance Work Statement.

i. Address your approach to providing all GUS support services. Address the technical approach and risk management strategy that you will employ in the Focus Areas.

ii. Offeror’s narrative will be evaluated to determine if it demonstrates proven methods and techniques, and the extent to which the offeror’s methods and approach to performing all aspects of the scope of work, specifically the PWS tasks, are expected to result in successful completion of the proposed tasks and technical requirements within.

iii. Proposed technical risks and solutions - Offeror’s narrative will be evaluated to determine if it describes any technical difficulties that may be encountered in any of the PWS tasks, and a narrative of preventative measures or solutions to overcome these issues.

iv. Offeror’s Proposal should convey how the work will be successfully completed and any possible insights on how the Offeror would mitigate possible unforeseen challenges. The Offeror’s Proposal must reflect the company’s understanding of the tasks involved to complete the required work.

o Sub-Factor 3: Management Plan / Capacity Submit a narrative Management Plan for all the Focus Areas, describing your capacity to fulfill Orders under the IDIQ.

i. Submittals should discuss your management approach and demonstrate an understanding of the management challenges/problems associated with the broad range of potential FAs involved.

ii. Key Personnel Resumes are not part of the 5-page limit. However, each resume should not exceed 2 pages in length.

⁻ It is left to the Contractor to propose its’ own team structure and Key Personnel labor mixture.

⁻ However, at a minimum, submit resumes for proposed IDIQ Project / Program Managers and/or

Contract Executive(s) (CEx).

• Project Management Professionals should have a minimum 5 years of experience with small and simultaneous multiple projects in the range of $100,000 to $10 million.

* If Offeror Proposals as a CTA, a single IDIQ Project / Program manager must be assigned for the entire Contractor Team. This will be the single point of contact for the Government to solicit Orders and to contact in the event of issues, questions, or concerns regarding performance under this IDIQ. Any alternates who will perform in the absence of the designated IDIQ Project / Program Manager must also be identified.

• The following provides more information on desired personnel qualifications for the CEx:

* Experience in preparing correspondence, written reports, presentations, and in briefing clients and management personnel.

* Experience in developing and maintaining complex, long term/multi-year project management activities, including but not limited to:

i. Earned Value Management and Work Breakdown Structures

ii. Developing and controlling budgets and funding strategies.

iii. Scheduling and coordination of project interactions among existing and newly occupied facilities.

iv. Ability to manage inter disciplinary teams of professionals and supporting labor categories.

v. Ability to integrate competing and/or conflicting elements into the planning and execution processes so that project requirements flow smoothly.

vi. Experience and familiarity with the Federal Acquisition Regulations, Contract

Management and Administration, and Federal projects and with procedural, review, and approval requirements.

⁻ In addition, resumes should include the employee’s education (including name of school, length of time and degree/certificate) and specific experiences that are directly related to the requirements of this RFP.

⁻ Resumes shall be in chronological order with recent dates of employment first and identify the company or agency, period of employment, title and job description of the individual, and level of responsibility.

⁻ All key personnel proposed shall be available to begin work immediately at IDIQ establishment.

Substitution of key personnel during IDIQ performance must meet the qualifications of the original key personnel and must be approved in advance by the Contracting Officer.

• Sub-Factor 4: Qualifications Offeror’s capabilities, background and relevant information will be evaluated to determine if Offeror’s stability and strengths and evidence of ability to perform the services of this PWS are sufficient.

Teaming Agreements between Team Lead and all Team Members (There is no page limitation on this submittal.)

Teaming arrangements shall be identified IAW FAR Subpart 9.6 - Contractor Team Arrangements.

If the Offeror is a joint venture provide the name, address, and UEI of the Joint Venture, Managing Joint Venture member and each member of the Joint Venture.

If you only intend to subcontract, you do not need to submit a Teaming Agreement or Joint Venture information with your proposal.

• Sub-Factor 5: Quality Control Provide a Quality Control plan, specific to PWS Tasks/Deliverables.

o reflect monitoring of work, including the gathering and analysis of metrics, to ensure a high level of service quality, and o show how quality control will be handled with the different levels of work, different sections of the PWS and any Task Orders, and types of inspection needed to meet the requirements?

Examples of plan characteristics (these characteristics are suggestions and an Offeror’s plan should not be to be limited to this list):

1) The specific policy establishing schedules for the performance of quality control tasks.

2) System of records and documentation for all Quality Control inspections.

3) Inspection methods such as planned, 100% or random, and frequency of inspections to ensure quality work.

4) Detail what actions will be taken and by whom, from the detection of a deficiency to the corrective action.

5) A policy for reporting quality control findings to the Contracting Officer.

6) A procedure whereby the Contracting Officer may resolve disputes that have not received satisfactory responses from the first levels of quality control personnel.

7) The plan for review, evaluation, and Contractor quality control of submittals, prior to Government receipt.

Factor 2- Past Performance Do not submit additional information for this factor.

The questionnaires received from the Offeror regarding as outlined in the Technical Experience Subfactor will be utilized for evaluating past performance. The past performance questionnaires will be evaluated to determine whether your company’s performance was: Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory. If the Offeror’s references do not respond, the evaluation rating under the Past Performance Factor may result in an unknown confidence level rating, which is neither favorable nor unfavorable, The Government may also evaluate an Offeror’s past performance based upon information in CPARS, the information in SAM per the Excluded Parties List System and Central Contractor Online Representations and Certifications Application, and other publicly accessible databases, and internet searches.

The government is looking for satisfactory or higher Relevant and Recent Past Performance, meaning projects of a similar scope and in similar or greater magnitude. Scope is defined in the PWS. Magnitude is defined as projects of $100,000 or greater. Recent is defined as projects within the last five years.

Offerors lacking recent and relevant past performance history will not be evaluated favorably or unfavorably in past performance. However, the proposal of an Offeror with no recent and relevant past performance history, may not represent the most advantageous proposal to the Government as opposed to an Offeror who possess favorable recent and relevant past performance history.

Past Performance Confidence Assessment Rating Method Adjectival Rating Description Substantial Confidence

Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Factor 3- Price Volume II Price Organization TAB A: General Information (as identified above) TAB B: Offerors must provide the following information:

Index/table of contents; Pricing Narrative and Assumptions/Exceptions, The Pricing Workbook

Price Narrative Offerors must include a pricing narrative to accompany their pricing proposal. At a minimum, the narrative shall document the methodology used to develop pricing and provide any other additional information that supports your price position. The price proposal shall not include information beyond that required by this instruction unless the Offeror considers it essential to document or support Offeror’s position. Provide the methodology for determining proposed escalation. All data relating to the proposed price, including all required supporting documentation, must be included in the Price Volume.

Assumptions and Exceptions Document any pricing assumptions or exceptions. Assumptions and/or exceptions to the RFP terms or conditions may render the entire proposal unacceptable. Under no circumstances shall this data and documentation be included or cross-referenced elsewhere in the proposal.

To aid the Government in evaluating the reasonableness and balance associated with the Offeror’s proposal, the Offeror must submit one (1) completed Attachment 1- Pricing Workbook. The Firm Fixed Price (FFP) Contract Line Item Number (CLIN) pricing shall represent all labor, equipment, profit, overhead, G&A, travel, and all other associated costs applicable for the FFP base period and four (4) option years. Offerors shall only enter requested information in the yellow highlighted cells in the workbook. The Offeror must not alter, modify, or change the workbook in any way, except to insert prices. Workbooks found to be altered or incomplete may be deemed void and the entire proposal non-responsive.

Reasonableness and Unbalanced Pricing All proposed prices must be reasonable and balanced. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. In accordance with FAR 15.404 1(g) unbalanced pricing may increase performance risk and exists when, despite an acceptable total evaluated price, the price of one or more-line items is significantly over- or understated, as demonstrated by the Government’s cost or price analysis. Offers determined to be unbalanced may be rejected if the Government determines that the lack of balance poses an unacceptable risk to the Government.

Data Other Than Certified Cost or Pricing Data If after receipt of proposals, the CO determines there is insufficient data to determine price reasonableness, Offerors may be required to submit additional data in accordance with FAR 15.403-3.

Pricing Workbook Offerors must submit one (1) completed Pricing Workbook. Microsoft Excel workbooks shall be submitted in Microsoft Excel format (no PDF). The workbook will be used to establish the Offeror’s Total Evaluated Price (TEP) for the reasonableness evaluation. IDIQ Unit prices proposed in the workbook represent the maximum Not to Exceed (NTE) Unit prices the Offeror will use during the delivery of services of this contract.

• Functional Area (FA) tabs – The base and each Option Period are broken out according to seven (7)

Functional Areas. Propose FFP Unit pricing on each FA tab. Proposed unit pricing will be the Not to Exceed unit prices during performance. The Government has provided quantities (for evaluation purposes only).

CLIN Pricing will be automatically calculated based on the proposed Unit prices multiplied by the evaluation quantities.

• Enter CLIN 0007 FA7 Transition In price for the IDIQ base year

• Enter CLIN 4007 FA7 Transition Out (Optional) price in Option Year 4

Note: CLIN XXX7 Transition Out could be used during any performance period Total Evaluated Price Tab – Proposed total performance period prices will be automatically moved from each

FA tab to the Total Evaluated Price tab for evaluation purposes.

Six Month Extension For evaluation purposes only, a six (6) month extension IAW 52.217-8, Option to Extend Services, is included. The six-month extension is automatically calculated at ½ the Option 4 proposed total CLIN prices without escalation.

Basic IDIQ Price Schedule The Government will extract the successful Offeror’s as-proposed IDIQ Unit prices for all FAs for the base and each Option Year (5 years total). The extracted prices will not exceed unit prices during performance.

“Sample Task Order” tab Offerors are encouraged to propose discounted unit pricing for CLINs 0001, 0002, 0003 and 0007 on the “Sample Task Order” tab in the Pricing Workbook. Proposed unit prices shall not exceed the unit prices proposed for the same IDIQ FAs and CLINs. The Government reserves the right to award a task order based on the proposed Sample Task Order pricing.

Total Evaluated Price The IDIQ Total Price, the six (6) month extension and the total price for the Sample Task Order will be combined to develop the Total Evaluated Price (for evaluation purposes only).

Price Evaluation Criteria The Government anticipates the award of an IDIQ contract to One (1) successful Offeror using Best Value Tradeoff Procedures IAW FAR 15.101.

The Government will evaluate price proposals for (1) reasonableness and (2) balanced pricing, Evaluation of options shall not obligate the Government to exercise such options.

The Government reserves the right to award, without discussions based on prices proposed in the Pricing Workbook.

Price Reasonableness Adequate price competition in accordance with FAR 15.305 and 15.404-1 is anticipated to determine price reasonableness. If the contracting officer determines there is insufficient data to determine whether prices are reasonable, the contracting officer may use any of the remaining techniques and procedures per FAR 15.404-1(b) as appropriate to the circumstances applicable to the acquisition.

Balanced Pricing Offerors are cautioned against submitting an unbalanced offer. The Government will analyze offers to determine whether they are unbalanced with respect to Price. The Government may determine that a proposal is unacceptable if the prices proposed are unbalanced between line items or subline items across all periods of performance.

If the Contracting Officer (CO) determines discussions with Offerors are needed, a competitive range may be established based on the ratings of each proposal against all evaluation factors. The CO reserves the right to limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If discussions are held and a competitive range is determined, only remaining Offerors will continue to be evaluated.

RATING SYSTEM

Confidence Assessment Rating System The Government will assess its level of confidence that the Offeror will successfully perform the proposed effort based on Factor 1: Technical This assessment considers: Confidence assessment, Risk, & Government intervention.

• “Confidence assessment” is an evaluation of the Offeror’s understanding of the requirements, the soundness of their approach, the risk to the Government, the likelihood of successful performance, and the degree of Government intervention.

• “Risk” is the possibility that the Offeror's solution may lead to a negative consequence(s) for USDA in any technical or management area.

• “Government intervention” is any action(s) required by the Government to correct or direct the work of the Contractor to meet the requirement.

High Confidence The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with very little Government intervention.

Satisfactory Confidence

The Government has satisfactory confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

No Confidence The Government has no confidence that the Offeror understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Contents

PROVISIONS

Incorporated By Reference

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.217-5 Evaluation of Options (July 1990)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

Full Text

52.204-20 Predecessor of Offeror (Aug 2020)(a) Definitions. As used in this provision–

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)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 Products or Commercial Services. 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.

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2023)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision

52.216-1 Type of contract (Apr 1984)

52.233-2 Service of Protest (Sept 2006)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

AGAR 452.204-70 Inquiries (Feb 1988)

AGAR 452.216-72 Evaluation Quantities – Indefinite-Delivery Contract (Feb 1988) To evaluate offers for award purposes, the Government will apply the offeror's proposed fixed-prices/rates to the estimated quantities included in the solicitation, and will add other direct costs if applicable

(End of provision)

CLAUSES

AGAR 452.216-73 Minimum and Maximum Contract Amounts (Feb 1988)During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000.00, but not in excess of $49,000,000.00

AGAR 452.224-70 Confidentiality of Information (Feb 1988)

AGAR 452.237-75 Restrictions Against Disclosures (FEB 1988)

INCORPORATED BY REFERENCE

52.203-3 Gratuities (Apr 1984)

52.203-12 Limitations on Payments to Influence Certain Federal Transactions (Jun 2020)

52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-2 Security Requirements (Mar 2021)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204–30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)Error!

Bookmark not defined.

52.212-4 Contract Terms and Conditions-Commercial Items (Nov 2023)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.224-1 Privacy Act Notification (Apr1984)

52.224-2 Privacy Act (Apr 1984)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) ...49

52.227-1 Authorization and Consent (Jun 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020)

52.232-18 Availability of Funds (Apr 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.237-3 Continuity of Services (Jan 1991)

52.242-13 Bankruptcy (July 1995)

52.242-15 Stop-Work Order (Aug 1989)

52.245-1 Government Property (Sep 2021)

52.245-9 Use and Charges (APR 2012)

52.246-16 Responsibility for Supplies (Apr 1984)

52.246-20 Warranty of Services (May 2001)

52.253-1 Computer Generated Forms (Jan1991)

CLAUSES BY FULL TEXT

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)a) Definitions. As used in this clause—

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov 2023)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.216-18 Ordering (Aug 2020)(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from within the period of performance of the basic IDIQ contract

52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$10,000.00__ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

52.216-22 Indefinite Quantity (Oct 1995)(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract

52.217-8 Option to Extend Services (Nov 1999)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.63

52.227-19 Commercial Computer Software License (Dec 2007) a) Notwithstanding any contrary provisions contained in the Contractor’s standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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PROVISIONS

Incorporated By Reference 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.217-5 Evaluation of Options (July 1990) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

Full Text

52.204-20 Predecessor of Offeror (Aug 2020)

(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 by unique location; 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)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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 Products or Commercial Services.

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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 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.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(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)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c)

(1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract…