Legal_Orientation_Support_Services_Combined_Synopsis_Solicitation_Amendment_00.docx

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Legal Orientation Program for Expedited Removal (LOPE) Support Services
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Combined Synopsis/Solicitation

Project Name: Legal Orientation Support Services

Solicitation Number: 15JE1R-19-PR-0641

Date: August 6th, 2019

Amendment: 00

I. COMBINED SYNOPSIS/SOLICITATION

As prescribed in FAR Section 12.603, this is a combined synopsis/solicitation for the acquisition of hoteling and mobile workforce management hardware and software. Interested parties are encouraged to submit a response in accordance with the instructions set forth below.

(1) Action Code: Combined Synopsis/Solicitation

(2) Date: August 6th

(3) Year: 2019

(4) Contracting Office ZIP Code: 22041

(5) Product or Service Code: R418

(6) Contracting Office Address: 5107 Leesburg Pike, Suite 1711, Falls Church, VA

(7) Subject: Legal Orientation Support Services

(8) Proposed Solicitation Number: 15JE1R-19-PR-0641

(9) Closing Response Date: 12:00pm, Tuesday, August 27th, 2019

(10) Contact Point or Contracting Officer: Bjorn Miller

(11) Contract Award and Solicitation Number: TBD

(12) Contract Award Dollar Amount: Not Applicable

(13) Line Item Number:

FFP CLIN 0001 (Legal Orientation Support Services):

Three-Month Base Period (09/01/2019-11/30/2019)

(14) Contract Award Date: Estimated Award Date is September 1st, 2019

(15) Contractor: N/A

(16) Description:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Offerors are hereby advised that the solicitation is issued as a Request for Quotation (RFQ).

Offerors are hereby advised that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03.

Offerors are hereby advised this is an unrestricted solicitation under NAICS Code 541199 with a size standard of $11M.

The Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) has a need for a contractor to provide legal orientation support services at Estancia, NM as prescribed therein the attached Statement of Work (SOW).

II. INSTRUCTIONS TO OFFERORS

Offerors are hereby advised that 52.212-1, Instructions to Offerors—Commercial Items (OCT 2018) applies to this combined synopsis/solicitation. Offerors shall submit one (1) quote containing its technical approach and price to the Contracting Officer, Bjorn Miller, at bjorn.miller@usdoj.gov by 12:00pm, Tuesday, August 27th, 2019. Any quote submitted and received thereafter shall not be accepted. The quote shall be considered timely when received in the Contracting Officer’s inbox.

Offerors shall submit the following documentation as a part of their quote:

(1) Technical Capability Package

The Technical Capability Factor shall consist of the following:

A. Technical Approach

B. Team Organization and Staffing Approach

C. Experience

D. Past Performance

The Technical Capability Package and Price Quotation Package are separate from each other. No pricing information shall be included in the Technical Capability Package.

Technical Capability Factor

The following describes each Technical Capability Subfactor and its required submission requirements in detail. Any Quote that fails to address any area may be deemed unacceptable and ineligible for award. Assumptions that impact the technical requirements specified by the Government shall be clearly identified with underlying basis within the Technical Capability Package.

SUBFACTOR 1 (TECHNICAL APPROACH)

The Government expects the Contractor to provide legal services as prescribed in the SOW, and as such requires demonstration of these qualifications in the Quote. Submission requirements for Subfactor 1 are prescribed below.

Offerors shall submit a narrative (not to exceed ten (10) single-sided pages in total) detailing your understanding and approach of the required services prescribed in the SOW (Attachment A) and the Legal Orientation Program (Attachment B).

SUBFACTOR 2 (TEAM ORGANIZATION AND STAFFING APPROACH)

The Government expects the Contractor to perform in the most efficient and effective manner under the resultant Contract, and as such requires demonstration of these qualifications in the Quote. Submission requirements for Subfactor 2 are prescribed below.

Submit a narrative (not to exceed five (5) single-sided pages) detailing your organizational structure and staffing approach for each task prescribed in the SOW. The narrative shall include, at a minimum, the following:

A. The Offeror’s organizational chart and a description of the lines of communication. All management and leadership personnel shall be identified on the organizational chart. Key Personnel and project roles shall be identified.

B. Up to two-page resume (not included in the aforementioned five (5) page limitation) for each identified Key Personnel describing experience as it relates to LOP-E and their role. In addition, each resume shall include the following:

1. Team membership (i.e., Task Order Lead, CTA member, Subcontractor)

2. Education qualifications

3. Professional Certifications, if required/applicable

4. Experience qualifications

C. The Offeror’s staffing plan

D. The Offeror’s staff retention and replacement plan and the ability to staff for fluctuating workloads, and surge support, during performance of the SOW.

SUBFACTOR 3 (EXPERIENCE)

The Government requires a qualified Contractor with relevant and recent experience in projects similar in scope and size to that of this RFQ, and as such requires demonstration of these qualifications in the Quote. Submission requirements for Subfactor 3 are as follows:

A. The Offeror shall submit no more than five (5), relevant and recent projects

B. At least one (1) project shall have been performed by the Lead if submitting an Offer under a CTA as prescribed in FAR Paragraph 9.601(1)

C. Project shall be of similar work, scope and size to that of the SOW

D. Project shall not exceed two (2) pages per project example

E. Projects shall contain information as follows:

1. Identification of Team Member who performed the work and entity role (i.e., Prime/Lead Contractor, Subcontractor/Team Member)

2. Project Name/Contract Number/Task Order Number

3. Customer Point of Contact for Project (phone number and email)

4. Project Performance Period (include months/years)

5. Project Dollar Value

6. Summary of the project including a detailed description of the requirements and results achieved and the methodology, tools, and/or processes utilized in performing the work

7. Narrative clearly articulating how the work is relevant to that of the SOW task(s)

NOTE #1: Projects shall have been completed (as of the quotation submission deadline), or on-going with at least six (6) months of performance completed, within the past three (3) years (however, see Note #2). Quotes must demonstrate projects relevant to the size and scope of work contemplated in the SOW. The Government reserves the right to contact references and/or project owners to obtain additional clarifying information regarding project relevance.

NOTE #2: The Government will accept projects with less than six (6) months of performance completed (as of the quotation submission deadline) only if a current Interim or Final Past Performance Information Retrieval System (PPIRS) Report or a signed copy of the attached Past Performance Substitute Form (reference Attachment C) is included with the Quote. Projects with less than six (6) months of performance and without a current Interim or Final Past Performance Information Retrieval System (PPIRS) Report or a signed copy of the attached Past Performance Substitute Form (reference Attachment C) included with the Quote shall not be considered.

SUBFACTOR 4 (PAST PERFORMANCE)

The Government requires a qualified Contractor with successful performance in projects similar in scope and size to that of this RFQ, and as such requires demonstration of these qualifications in the Quote. Submission requirements for Subfactor 4 are as follows:

A. For each project submitted under Subfactor 3, the Offeror shall submit a copy of the current Interim or Final Past Performance Information Retrieval System (PPIRS) Report or a signed copy of the attached Past Performance Substitute Form (reference Attachment C), if applicable.

NOTE #1: Projects shall have been completed (as of the quotation submission deadline), or on-going with at least six (6) months of performance completed, within the past three (3) years (however, see Note #2). Quotes must demonstrate projects relevant to the size and scope of work contemplated in the SOW. The Government reserves the right to contact references and/or project owners to obtain additional clarifying information regarding project relevance.

NOTE #2: Projects with no less than six months of performance and no current Interim or Final Past Performance Information Retrieval System (PPIRS) Report or a signed copy of the attached Past Performance Substitute Form (reference Attachment C) will still be considered under Subfactor 3 but will receive a Neutral rating under Subfactor 4.

(2) Price Quotation Package

The Price Quotation Package shall consist of the following:

A. Cover Letter

B. Identification of Team Members (including Lead, CTA Members, and Subcontractors, as applicable)

C. Identification of each Team Member’s DUNS Number, if applicable

D. Acknowledgement of Amendments, if applicable

E. Confirmation of minimum thirty (30) day quotation guaranteed

F. Submission of a firm-fixed price (FFP) for the three-month base period (assuming start date of September 1st, 2019). Travel expenses are not to be included in the quote.

The Price Quotation Package shall be separate from the Technical Capability Package. No technical information shall be included in the Price Quotation Package.

There are no page limitations or font/size restrictions for the aforementioned documentation. The documentation shall be readable by the naked eye.

Offerors are encouraged to contact the Contracting Officer, Bjorn Miller, with any questions, at bjorn.miller@usdoj.gov. All questions received by Monday, August 12th, 2019, will be posted as received and answered in writing as an amendment to the solicitation.

III. EVALUATION OF OFFERS

Offerors are hereby advised that 52.212-2, Evaluation—Commercial Items (OCT 2014) applies to this combined synopsis/solicitation as set forth below:

52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotes:

1. Technical Capability

2. Price

The Technical Capability Subfactors listed under FAR 52.212-1 are separate factors and will be evaluated individually, weighted in equal importance, for technical evaluation purposes. All four (4) Technical Capability Subfactors will be considered together for purposes of assigning a single rating to the Technical Capability Factor.

Technical Capabilities Subfactors, when combined, are considered significantly more important than price.

Quotes must demonstrate a clear understanding of the nature and scope of the work required. Failure to provide a realistic, reasonable, and complete Quote may reflect a lack of understanding of the requirements and may result in a Quote receiving no further evaluation and determined ineligible for award. Award of one (1) Firm-Fixed Price (FFP) Contract will be made to the responsible Offeror whose Quote conforms to the requirements outlined in this RFQ and is most advantageous to the Government based on the best value determination when considering tradeoffs between quoted price and technical capabilities.

The resultant Contract will be awarded to the Offeror whose Quote represents the best value to the Government based on the evaluation criteria set forth herein this RFQ. The Government will determine best value to the Government based on evaluation of the Total Firm-Fixed Price when traded off against evaluated non-price factors. The Government will not award the Contract to an Offeror at a significantly higher evaluated price to achieve only slightly superior performance capabilities. Likewise, the Government will not award the Contract to an Offeror simply because its Quote is technically acceptable and also is the lowest quoted price.

The following adjectival ratings will be used for the overall Technical Capability Factor:

Adjectival Rating
Rating Description
Excellent
After considering all Subfactors, there is little risk to the Government in the Offeror’s Quote.
Very Good
After considering all Subfactors, there is some risk to the Government in the Offeror’s Quote that requires little additional oversight by the Government.
Acceptable
After considering all Subfactors, there is some risk to the Government in the Offeror’s Quote that require some additional oversight by the Government. Acceptable solution.
Marginal
After considering all Subfactors, there is a lot of risk to the Government in the Offeror’s Quote that requires a lot of additional oversight by the Government.
Unacceptable
After considering all Subfactors, there is too much risk to the Government in the Offeror’s Quote that requires an unacceptable level of additional oversight by the Government. Requirements can only be met with major changes to the Quote.

The following adjectival ratings will be used for the Technical Capabilities Subfactor 1:

Adjectival Rating
Rating Description
Excellent
Quote demonstrates an excellent understanding of the requirements. Has exceptional attributes that will significantly benefit the Government.
Very Good
Quote demonstrates a very good understanding of the requirements. Has one or more attributes that will benefit the Government.
Acceptable
Quote demonstrates an acceptable understanding of the requirements. Acceptable solution.
Marginal
Quote demonstrates a marginal understanding of the requirements.
Unacceptable
Quote fails to demonstrate an understanding of the requirements. Requirements can only be met with major changes to the Quote.

The following adjectival ratings will be used for the Technical Capabilities Subfactor 2:

Adjectival Rating
Rating Description
Excellent
Quote demonstrates an excellent mix of labor categories and level of effort and implementation of the technical approach will be efficient and effective for all tasks. Has exceptional attributes that will significantly benefit the Government.
Very Good
Quote demonstrates a very good mix of labor categories and level of effort and implementation of the technical approach will be efficient and effective for many task. Has one or more attributes that will benefit the Government.
Acceptable
Quote demonstrates an acceptable mix of labor categories and level of effort and implementation of the technical approach will be efficient and effective for some tasks.
Marginal
Quote demonstrates a marginal mix of labor categories and level of effort and implementation of the technical approach may be efficient and effective for some tasks.
Unacceptable
Quote fails to demonstrate an acceptable mix of labor categories and level of effort. Requirements can only be met with major changes to the Quote.

The following adjectival ratings will be used for the Technical Capabilities Subfactor 3:

Adjectival Rating
Rating Description
Excellent
Quote demonstrates an excellent degree of experience. Has projects that are recent and relevant to all of the tasks prescribed in the SOW.
Very Good
Quote demonstrates a very good degree of experience. Has projects that are recent and relevant to many of the tasks prescribed in the SOW.
Acceptable
Quote demonstrates an acceptable degree of experience. Has projects that are recent and relevant to some of the tasks prescribed in the SOW.
Marginal
Quote demonstrates a marginal degree of experience. Has projects that are recent and relevant to one of the tasks prescribed in the SOW.
Unacceptable
Quote fails to demonstrate recent and relevant experience. Requirements can only be met with major changes to the Quote.

The following adjectival ratings will be used for the Technical Capabilities Subfactor 4:

Adjectival Rating
Rating Description
Excellent
Based on the offeror’s recent/relevant performance record, the Government has a very high expectation that the Offeror will successfully perform the required effort.
Very Good
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.
Acceptable
Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort
Marginal
Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.
Unacceptable
Based on the offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will successfully perform the required effort.
Unknown Confidence
Insufficient or 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.

In accordance with FAR 52.204-7, the awardee shall be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

IV. PROVISIONS AND CLAUSES

Offerors are hereby advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items (OCT 2018), with its offer.

Offerors are hereby advised that 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018) applies to this acquisition.

Offerors are hereby advised that 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (MAY 2019), applies to this acquisition.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) and (c) 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:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

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

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

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

52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

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

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

(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 (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

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

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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) Offerors are hereby advised that the following provisions shall be completed and submitted as a part of the quote, as applicable:

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 (Jul 2016)

52.204-17 Ownership or Control of Offeror (Jul 2016) As prescribed in 4.1804(b), use the following provision:

Ownership or Control of Offeror (Jul 2016)

1. (a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–

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

b. (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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

2. (b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

3. (c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________________ Immediate owner legal name: ______________________ (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

4. (d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________ Highest-level owner legal name: ___________________ (Do not use a “doing business as” name) (End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.

As prescribed in 9.108-5(a), insert the following provision:

Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

1. (a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

2. (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

3. (c) Representation. The Offeror represents that-

a. (1) It □is, □is not an inverted domestic corporation; and

b. (2) It □is, □is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7 (d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

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

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

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

2. (b) The Offeror represents that–

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

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

(End of provision)

52.222-22 Previous Contracts and Compliance Reports.

As prescribed in 22.810(a)(2), insert the following provision:

Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that- It □has, □has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □has, □has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.232-38 Submission of Electronic Funds Transfer Information with Offer.

As prescribed in 32.1110(g), insert the following provision:

Submission of Electronic Funds Transfer Information with Offer (Jul 2013) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs(b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management.

1.

a. (1) The solicitation number (or other procurement identification number).

b. (2) The offeror’s name and remittance address, as stated in the offer.

c. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror’s official authorized to provide this information.

d. (4) The name, address, and 9-digit Routing Transit Number of the offeror’s financial agent.

e. (5) The offeror’s account number and the type of account (checking, savings, or lockbox).

f. (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror’s financial agent.

g. (7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror’s financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

(End of provision)

Offerors are hereby advised that the following clauses applies to this acquisition and will be made a part of any resultant contract:

52.202-1 Definitions (Nov 2013)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

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 (Jul 2016)

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.217-8 Option to Extend Services As prescribed in 17.208(f), insert a clause substantially the same as the following:

Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) calendar days from end of period of performance.

(End of clause)

52.222-3 Convict Labor (June 2003)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

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

52.237-3 Continuity of Services (Jan 1991)

52.245-1 Government Property (Jan 2017)

52.245-9 Use and Charges (Apr 2012)

(17) Place of Contract Performance: Estancia, NM (reference Attachment A)

(18) Set-aside Status: Unrestricted image1.jpeg

File details come from the government source that posted it.