2.02 FAR and DFARS Provisions and Clauses.pdf

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management NOV 2024 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

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 and 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 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) Representations. 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)

FAR CLAUSE 52.212-1 ADDENDUM, INSTRUCTIONS TO QUOTERS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

In addition to FAR 52.212-1, “Instructions to Quoters – Commercial Products and Commercial Services” and any other instructions contained elsewhere in this solicitation, the following information is provided.

Initial Quotes and any modifications thereto are to be submitted to Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil on or before the closing date and time cited elsewhere in this solicitation. Faxes, mailed, and/or responses through beta.SAM.gov or any method other than email are NOT acceptable.

QUESTIONS: Quoters may submit questions regarding clarification of solicitation requirements via email the contracting officer, Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil. It is requested that all questions be received by 12:00 PM, Eastern Standard Time, on 19 February 2025, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of Quotes. Questions received after the deadline may or may not be answered at the discretion of the Government.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTERS:

1. GENERAL:

Electronic Submissions: Quotes shall be submitted electronically no later than the due date of the solicitation via email to the Contracting Officer, Gilbert Dobison, at gilbert.k.dobison.civ@us.navy.mil. Quoters should include the following information in the Subject Line of their electronic submission: Quote - N0018925Q0108 – (Name of Quoter) – (“Prime” or “Sub”) – Email (#) of (#). Quoters shall comply with the detailed instructions for the format and content of the Quotes contained herein; Quotes that do not comply may be considered unacceptable and may render the Quote ineligible for award. Quoters shall respond to all requirements of the solicitation. Quoters are cautioned not to alter the solicitation.

All electronic files and versions of Quoters’ quotes shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2010 (Excel). The Quoter shall be responsible for ensuring that their electronic Quotes are virus free.

All Quote submissions and questions shall be in English.

HARD-CARRIED QUOTE SUBMISSIONS ARE NOT AUTHORIZED.

Quotes must be held firm for 120 days after the solicitation closing date.

The completion and submission of the above items will constitute a Quote and will indicate the Quoter’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto.

Alternate Quotes are not authorized. Objections to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001), which will make the Quote unacceptable.

Note 1: Mailed, Hand-carried and delivered Quotes will not be accepted.

mailto:gilbert.k.dobison.civ@us.navy.mil

Note 2: Submissions through the SAM.gov website will not be accepted.

VOLUME I – Non–Price Quote

This volume shall address the Technical Approach (Factor 1) and Past Performance (Factor 2) and include all information required for Quote evaluation. This volume of the Quote shall exclude any pricing information.

Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

VOLUME II – Price Quote

This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

2. REQUIREMENT FOR QUOTE CONTENT:

(A) Introduction and Purpose: This section specifies the format that Quoters shall use in this Request for Quote (RFQ). The intent is not to restrict Quoters in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

(B) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

• Title of the Quote

• Volume Number (I or II)

• Request for Quote (RFQ) Number

• Name and Address of Quoter, Cage Code, Unique Entity ID, and applicable Tax I.D. Number

(TIN)

• Quote validity period of 120 days from solicitation closing.

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located.

(1) Requirements for Style: Each Quoter shall submit a Quote that clearly and concisely describes and defines the

Quoter’s response to the requirements contained in the RFQ. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective Quote are not desired and may be construed as an indication of the Quoter’s lack of understanding of cost consciousness. Elaborate art work, expensive paper or bindings, and expensive visual or other presentation aids are neither necessary nor desired. The Quote shall contain all the pertinent information in sufficient detail in the one area of the Quote where it contributes most critically to the discussion of the same information. When necessary, Quoters shall refer to the initial discussion and identify its location within the submitted Quote.

(2) Quote Page Limitations:

The following page limitations are established:

Title

Submittal Quantities

Page Limit*

Non-Price Quote – Factor 1: Technical Approach 1 Electronic Copy 16 Pages Non-Price Quote – Factor 2: Past Performance 1 Electronic Copy 12 pages Price Quote 1 Electronic Copy No limit

Submissions are page limited to the maximum number of pages as defined above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the Quote may use Times New Roman font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½ “x 11”, with at least one inch margins on all sides, using Times New Roman font with a point size of 12 or greater.

Lines shall, at a minimum, be selected as single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. Quoters are permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, list of acronyms, compliance matrix, table of contents, tabs, and dividers.

The Price Quote is not page limited; however, the Price Quote is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the quote.

3. QUOTE CONTENT:

Volume I – Non–Price Quote

This volume shall address the Non-Price factors and include all information required for quote evaluation. This volume shall also address the past performance factor and shall include all information required for quote evaluation. This volume of the quote shall exclude any reference to the price aspects of the quote.

The Non-Price Quote factors are listed below.

Factor 1 – Technical Approach

• The quoter shall provide documentation showing that it is accredited through the Association for Experiential Education (AEE) to meet the requirements of PWS Section 4.4.

• The quoter shall provide staffing approach shall include documentation demonstrating that its instructors meet the specific qualification requirements by position stated in PWS Section 4.2.2.

• The quoter shall provide a curriculum and narrative summary explaining how the designed curriculum meets the requirements outlined in Sections 4.1.5, 4.1.6, and 4.1.7 of the PWS.

The technical approach section is limited to 16 pages

Factor 2 – Past Performance

The Quoter shall provide information on no more than three (3) previous contracts whose effort was relevant to the effort required by this solicitation; the contracts provided shall demonstrate at least one (1) year of completed performance and have been performed within the last five (5) years from the solicitation closing date of this Request for Quote (RFQ). Evaluation will focus only on work experience already performed. Yet-to-be performed work and experience prior to the last five (5) years will not be considered For purposes of this solicitation, a purchase order is defined as a single purchase order or a single task order placed under an ID/IQ contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule. Quoters shall not submit the IDIQ contract, FSS contract, or BPA itself as a reference. Quoters may submit a combination of no more than three (3) delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an ID/IQ or BPA as one of the three examples of past performance. Such a combination must also meet the requirements stated above: each individual example in the combination must have been performed within five (5) years of the solicitation issuance date and demonstrate at least one (1) year of completed performance by the closing date of the solicitation. If a combination of DOs, TOs, TDLs and or TATs are used as a past performance example, the quoter shall state the specific experience claimed, period of performance, and dollar value of each. A Past Performance example that does not provide the level of detail required may not be evaluated.

No more than one combination of DOs, TOs, TDLs and or TATs is permitted in the past performance submittal.

One (1) year of completed performance is defined as twelve (12) consecutive months of performance. References with less than twelve (12) consecutive months of service will not be considered.

If proposed subcontractor past performance is provided as part of the three (3) of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement shall be stated. The quoter’s submittal shall detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform may not be evaluated.

If the prime contractor or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall purchase order effort and the subcontractor effort may not be evaluated.

The past performance of subcontractors who will be performing major or critical aspects of the solicitation will be considered as highly as a prime contractor’s past performance.

If the prime contractor or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall purchase order effort and the subcontractor effort may not be evaluated.

Failure of Quoters to provide the required information and level of specificity may result in the contract reference not being evaluated. [With respect to joint ventures, the procuring activity will consider work done individually by each member of the joint venture as well as any work done by the joint venture itself previously. Joint venture references must meet the temporal requirements described in FAR 52.212-1, “Instruction to Quoters Commercial Products and Commercial Services” (within five years and a year of completed performance). Additionally, if a joint venture member submits a past performance reference, the joint venture member shall detail clearly the work that it performed in that effort and the magnitude (dollar value) of that work. A reference that does not differentiate between the overall contract effort and the joint venture member’s effort for that reference may not be evaluated.

The past performance of a joint venture member who will be performing major or critical aspects of the solicitation will be considered as highly as the joint venture’s past performance.]

The quoter shall complete a “Past Performance Information Form” for each reference submitted. The form is an attachment to the solicitation. For additional information regarding a particular reference beyond that which will fit on the form, the quoter may continue onto another sheet of paper. The forms and any continuation sheet(s) for submitted references cannot exceed 12 pages.

In addition to the information requested above, quoters shall contact their past performance references and request that each reference complete the attached “Past Performance Report Form” and e-mail the completed survey form directly to email to Gilbert Dobison at gilbert.k.dobison.civ@us.navy.mil by the CLOSING DATE AND TIME

OF THIS SOLICITATION.

The past performance section is limited to twelve pages.

Volume II – Price Quote:

The Price Quote shall include the completed solicitation documents. The price Quote shall include all elements of price and such other price information considered appropriate to support the Quote. The pricing information shall be completed in accordance with the following:

(a) SF1449 Section “Schedule of Supplies/Services” completed by the Quoter.

(b) All supplemental information to support quoted price, to include but not limited to fully burdened labor rates, and estimated level of effort by labor category.

(c) A complete and signed page 1 of the Standard Form 1449, “Solicitation/Contract/Order for Commercial Items” and executed copy of Amendments, if applicable.

(d) A complete and signed page 1 of the Standard Form 1449, “Solicitation/Contract/Order for Commercial

Items” and executed copy of Amendments, if applicable.

(e) Unless completed in SAM, RFQ Section, Representation, Certification and Other Statements of Quoters- Completed by the Quoter.

(f) All price and price supporting information shall be contained in the Price Quote. No price or pricing information shall be included in any other volume including cover letters. Quoters are responsible for submitting sufficient information to enable the Government to fully evaluate their price Quote.

(g) In addition to a completed SF 1449, the vendor shall provide a pricing spreadsheet in Microsoft Excel format that breaks down the price per student per expedition, the hourly rates for the instructors, and any travel associated with the post-award conference. This information will be used to aid the Contracting Officer in determining the fair and reasonableness of the total contract price.

The price section is not page-limited, but is strictly limited to the requested information and supporting documentation only. No price information shall be contained in any other part of the quote.

(End of FAR provision 52.212-1 Addendum)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Evaluation Criteria:

The Government intends to award a single Firm Fixed Price (FFP) purchase order as a result of this solicitation in accordance with FAR Part 12 “Acquisition of Commercial Products and Commercial Services” and FAR Subpart

13.5 “Simplified Procedures for Certain Commercial Items”. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to award the purchase order on initial quotes. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a Technical, Past Performance and Price standpoint. The Government reserves the right to award a FFP contract(s) to other than the lowest priced quoter; award a FFP contract(s) without exchanges; or award a FFP contract(s) after exchanges, whichever is in the best interest of the Government.

The evaluation of Quotes will consider the Non-Price Quote to be significantly more important than the Price Quote.

Within the Non-Price Quote evaluation the Government will consider Factor 1 – Technical Approach to be significantly more important than Factor 2 – Past Performance. The Quotes will be ranked according to price, inclusive of all option pricing. A quoter’s proposed price will be determined by adding all extended amounts for the CLINs/SLINs in section B. The lowest priced quote will be evaluated first. If the lowest priced Quote is evaluated to have an overall Factor 1 rating “Acceptable” and an overall Past Performance Confidence Assessment rating of “Substantial Confidence” that Quote represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other Quotes. However, if the lowest priced Quote is not evaluated to have an “Acceptable” overall Technical Approach rating and a “Substantial Confidence” Past Performance Confidence Assessment Rating, the next lowest priced Quote will be evaluated. The evaluation process will continue (in order of price from lowest to highest) until a Quote is evaluated to have an “Acceptable” overall Technical Approach rating and a “Substantial Confidence” Past Performance Confidence rating. The Contracting Officer shall make an integrated assessment best value award decision between the Quote rated “Acceptable” and “Substantial Confidence” and all lower priced Quotes. If no quoter is rated as “Acceptable” with “Substantial Confidence,” the Contracting Officer shall make an integrated assessment best value award decision among all awardable quoters.

Non-Price Quote Evaluation Criteria

Factor 1 – Technical Approach

The Quoter’s overall technical approach will be evaluated on its feasibility, comprehensiveness, and the degree to which the quoter demonstrates its understanding of, and capability to successfully accomplish, the technical approach requirement contained within FAR 52.212-1 Addendum, Instructions to Quoters – Commercial Product and Commercial Services.

Table 1: Technical Ratings Table

Rating Description Acceptable Quote clearly meets the requirements of the solicitation

Unacceptable Quote does not clearly meet the requirements of the solicitation

The ratings table above will be used in the evaluation of Factor 1 – Technical Approach.

Factor 2 – Past Performance:

The past performance evaluation factor assesses the degree of confidence the Government has in a quoter’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance.

There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each quoter.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is performance that has taken place within five (5) years of the issuance date of this solicitation. Performance outside of this stated period will not be considered for evaluation purposes. Performance outside of this stated period will not be considered for evaluation purposes. In addition, performance data will only be assessed for those references demonstrating at least one (1) year of completed performance prior to the closing date of this solicitation.

Past Performance Relevancy: Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine its scope and magnitude relative to the instant requirement.

The following definitions will apply to this evaluation:

• Scope: Experience in the areas defined in the PWS.

• Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the quoter’s referenced contracts during the stated 5-year period established by the solicitation.

The relevancy of each past performance reference will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance. Past Performance Relevancy Ratings Table below.

Past Performance Relevancy Ratings Table

Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort this solicitation requires.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the quoter’s past performance. The Government will review all past performance information collected and determine the quality of the quoter’s performance, including general trends and usefulness of the information, and will incorporate this into the overall past performance confidence assessment rating.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the quoter’s performance. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. Evaluation will focus only on work already performed. Work yet-to-be performed and work not reflecting one year of completed performance by the solicitation closing date will not be considered.

In the case of quoters for which there is no information on past contract performance, or where past contract performance information is not available, the quoter may not be evaluated favorably or unfavorably for the past performance factor. In this case, the quoter’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although a quoter that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to evaluate Past Performance, the Government may also utilize existing data sources, including the Contractor Performance Assessment Reporting System (CPARS), the System for Awards Management (SAM) Responsibility Qualification, the Electronic Subcontract Reporting System (eSRS), and/or other data sources. The Government may communicate with points of contact in the quoter’s customers’ organizations, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the solicitation. Past Performance Confidence Assessment Ratings Table is below:

Past Performance Confidence Assessment Ratings Table

Rating Description

Substantial Confidence Based on the quoter’s recent/relevant performance record, the Government has a high expectation that the quoter will successfully perform the required effort.

Satisfactory Confidence Based on the quoter’s recent/relevant performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort.

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

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

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

Note: A rating of “Limited Confidence” for the past performance factor means that the quoter’s quote is not awardable without a change or changes to the quoter’s quote. A quote that includes a “Limited Confidence” rating is considered to be susceptible to correction if the contracting officer determines an exchange is appropriate and said exchange is conducted. A rating of “No Confidence” for the past performance factor means that the quoter’s quote is not awardable and is not susceptible to correction.

Price Quote Evaluation Criteria

Factor 3 – Price:

• The Government will evaluate price proposals in accordance with FAR 13.106-3(a), Award and Documentation.

• The Government may evaluate any and all information submitted by the quoter to support the reasonableness of the prices quoted. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

• Price will be evaluated by multiplying the estimated quantities provided to the Government by the quoted unit price for each line item provided by the quoter and then adding the totals together thereby identifying the quoter’s total estimated price for each line item.

• Although price is the not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all Quoters are determined to have submitted equal, or virtually equal, non-price quotes, price could become the factor in determining which quoters shall receive the award.

• The PCO/SSA may evaluate any and all information submitted by the Quoter to support the reasonableness of prices proposed.

3. Written Notice

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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.

(a) Definitions. As used in this provision --https://www.sam.gov/

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"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.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"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.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial…