21-R-1878 - Provisions and Clauses (Attachment 004).pdf

Attachment 004 M67854-21-R-1878

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Provisions and Clauses

52.202-1 Definitions NOV 2013 52.203-13

Contractor Code of Business Ethics and Conduct Prohibition on Requiring Certain Internal Confidentiality

OCT 2015

52.204-7

System for Award Management Reporting Executive Compensation and First-Tier

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21

52.209-7

Basic Safeguarding of Covered Contractor Information Systems Information Regarding Responsibility Matters

JUN 2016

OCT 2018

52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.232-40

52.246-2

Providing Accelerated Payments to Small Business Subcontractors Inspection of Supplies – Fixed Price

DEC 2013

AUG 1996

52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination – Evidence of Shipment FEB 1999 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005

252.204-7000

Representation Relating to Compensation of Former DoD Officials Disclosure of Information

NOV 2011

OCT 2016

252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015

252.204-7018

252.205-7000

Notice of Authorized Disclosure of Information for Litigation Support Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Provision of Information to Cooperative Agreement Holders

MAY 2016

DEC 2019

DEC 1991

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

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252.215.7007 252.215.7008

Notice of Intent to Resolicit Only One Offer

JUN 2012

JUL 2019

252.225-7001 Buy American and Balance of Payments Program – Basic

DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements - Basic SEP 2019 252.225-7048 252.227-7013 252.227-7015 252.227-7016 252.227-7025

252.227-7030 252.227-7037 252.232-7003

252.232-7010

Export-Controlled Items Rights in Technical Data--Noncommercial Items Technical Data--Commercial Items Rights in Bid or Proposal Information Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends Technical Data--Withholding Of Payment Validation of Restrictive Markings on Technical Data Electronic Submission of Payment Requests and Receiving Reports Levies on Contract Payments

JUN 2013

FEB 2014

FEB 2014

JAN 2011

MAY 2013

MAR 2000

SEP 2016

DEC 2018

DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 252.246-7001 252.246-7008

Subcontracts for Commercial Items Warranty of Data Sources of Electronic Parts

JUN 2013

MAR 2014

MAY 2018

52.252-2 Clauses Incorporated By Reference FEB 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause, electronically, is at the below listed site:

https://www.acquisition.gov/content/regulations

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020).

To be eligible for award, an Offeror’s proposal shall contain the following information, which the Government will evaluate under FAR 52.212-2:

All required documents shall be submitted as separate files and adhere to the page and formatting restrictions identified below in Table 1.

Table 1: Proposal Submission Requirements

VOLUME CONTENT SUBMISSION Page Limit Volume I Price and Past Performance

(Completed Attachment 005)

(1) DoD Safe Submission

One Combined .pdf file format; No page limit https://www.acquisition.gov/content/regulations

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Volume II Technical Proposal:

• To Include Product Demonstration Models (PDMs)

(1) DoD Safe Submission

(3) PDMs Delivered to Address prior to close of solicitation

One Combined .pdf file format; 15 pages (only the first 15 printed pages will be considered)

Volume III Certificate of compliance and Test Data file format; 20 pages (only the first 20 printed pages will be considered)

Volume IV Small Business (SB) Participation file format; No page limit

1. Proposal Submission Form (Price and Past Performance) (Separate .pdf file): Offerors shall submit a price proposal using the Proposal Submission Form (Attachment 005) for all Contract Line Item Numbers (CLINs). Prices are to be F.O.B. Destination to within the continental United States. Offerors proposed pricing shall be valid for one year from date of submission.

Offerors shall submit no more than three past performance citations within the previous three years that are relevant to the efforts required by this solicitation using the Proposal Submission Form (Attachment 005). Where Offerors submit more than three past performance citations, the Government will only evaluate the three most recent citations. Finalized Contractor Performance Assessment Reports (CPARs) are acceptable as past performance citations.

At a minimum, past performance information shall include the following:

• Contract number and item description

• Dollar Value and delivery quantity

• Delivery schedule

• Statement regarding the ability to provide a quality product within the contracted price in accordance with the delivery schedule.

• Government Point of Contact to include name, email and telephone

2. Technical Proposal (Separate .pdf file): Offerors shall provide a technical proposal identifying the proposed material solution that satisfies the requirements in the Statement of Work (SOW) and shall include the following per Table 2 below.

Table 2: Technical Proposal Criteria

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Criterion Requirement Berry Amendment Self Certification

The Defense Appropriations and Authorizations Acts and other Statutes (including what is commonly referred to as the “Berry Amendment”) imposes restrictions on the DOD’s acquisition of foreign products and services. A preference for certain domestic commodities is required by 10 USC 2533a and DFARS 252.225-7012.

These references require the Department of Defense to acquire specific end items or components that have been grown, reprocessed, reused, or produced in the United States. Items provided under this solicitation and the resulting contract shall be compliant with the above references, as applicable.

Offerors shall maintain additional documentation substantiating the claim that all materials, including components and raw materials, submitted under this solicitation and the resultant contract are Berry Amendment Compliant. Offerors shall be able to provide this documentation to Government personnel upon request.

The certification must be from the Offeror and must not contain any alternative wording:

I, (sign name here), in submitting this offer under solicitation number M67854-21-R-1878, affirm that only products compliant with the Berry Amendment (10 USC 2533a) will be delivered to the Government. To the extent required under (10 USC 2533a) and DFARS 252.225-7012, As such, all items delivered, either as end products or components, will be grown, reprocessed, reused, or produced in the United States (as defined in DFARS 252.225-7012(b) included by reference herein). This certification covers all materials (including those of all components) and components supplied by subcontractors at any tier, and all labor (including that of all intervening processes), whether performed by the Offeror or any of its subcontractors at any tier.

Product Demonstration Models (PDMs)

The Offerors shall provide three MCWBL sets (a MCWBL set includes one undershirt and one drawer) with the proposal. The PDMs shall be in compliance with the specifications of the proposal. The MCWBLs shall be in Coyote 498 color with one set in each of following sizes Small, Medium, and Large. Thus, offerors shall provide one small undershirt, one small drawer, one medium undershirt, one medium drawer, one large undershirt, and one large drawer.

The PDMs shall contain a label that includes the Solicitation number, unique identifier (e.g., sample number) and the Offeror’s Name.

Additional labels identified on the Labels tab of the MCWBL

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Criterion Requirement UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E are not required for the PDMs.

Furthermore, each PDM shall be according to the Construction tab and shall meet end item visual and finished dimension requirements in accordance to the Inspection methods, TOFM and defects tabs of the of the MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E. (Attachment 002 and Attachment 003).

PDMs will not be returned to the Offerors upon the completion of source selection and/or contract award.

Manufacturing Written documentation detailing the Offeror’s Quality Management System (QMS).

Manufacturing capacity addressing ability to produce and deliver (1) twenty-five MCWBLs (25 undershirts and 25 drawers) 30 days after contract award to support Pre-Production Validation (PPV); (2) a minimum of 3,000 MCWBLs (3,000 undershirts and 3,000 drawers) and a maximum of 6,000 MCWBLs (6,000 undershirts and 6,000 drawers) 60 days after successful completion of PPV, and (3) capable of maintaining a minimum of 6,000 MCWBL production capacity in accordance with delivery orders throughout the period of performance

Written documentation detailing the Offeror’s contingency plans should production facilities be impacted by natural disasters or pandemics.

A Supply Chain Management Chart demonstrating the use of Berry Amendment compliant materials for constructing the MCWBL, as well as the complete physical address for each supplier. The Supply Chain Management Chart must include the manufacturer/supplier name, the material provided, and the manufacturing location. The chart may be incorporated into the final contract and become a quality assurance reference.

a. Technical Proposal Formatting

The technical proposal (cover page included) shall not exceed fifteen pages and shall be in accordance with the below format:

• Submit one PDF no longer than 15 pages

• Please ensure no Pricing or Classified Data is included in the Technical Proposal

• Single-spaced typed lines;

• One inch margins on all sides;

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• 12-point font using Times New Roman

• Include page numbers in the footers and the RFP number on each page in the header;

• No outside hyperlinks or external materials.

b. Product Demonstration Models (PDMS)

The solicitation requires the submission of three MCWBL sets (a set includes 1 undershirt and 1 drawer) in Coyote 498 color be submitted with the proposal. The PDMs shall be in compliance with the technical packages of the proposal. PDMs shall include one undershirt and one drawer in the following sizes Small, Medium, and Large, for a total of six items.

PDMs will not be returned to the Offerors upon the completion of source selection and/or contract award.

3. Certificate of compliance and Test Data (Separate .pdf file)

• Submit one PDF no longer than 20 pages that provides test data verifying compliance with the requirements of the solicitation.

4. Small Business (SB) Participation (Separate .pdf file) The cover page for the Offeror’s Small Business Participation volume shall summarize the Offeror’s SB Participation goals for the total requirement using the below format outlined in Table 3:

Table 3: Small Business Template

SB Participation Goals

Total

Small Business (SB) %

Small Disadvantaged Business (SDB) %

Woman-Owned Small Business (WOSB) %

HUBZone Small Business (HUBZone SB) %

Small Disadvantaged Veteran-Owned Small Business

(SDVOSB)

All Offerors, regardless of size, shall submit a Small Business Participation Plan presenting percentages in terms of total dollars of work for each SB socioeconomic category.

The Offeror shall identify the extent and nature of participation of SB, WOSBs, HUBZone SBs, and SDVOSBs in the performance of the proposed contract. Participation includes

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All Offerors shall also submit small business subcontracting information associated with each project cited under Factor 2 Past Performance, as applicable.

The plan shall include:

a. The name and DUNS number (or CAGE code) of each of the firm(s) included in the plan;

b. A copy of the System for Award Management (SAM) profile for each of the firm(s) included in the plan;

c. Discussion of the specific components to be produced or services to be performed by each firm;

d. Identification of the North American Industry Classification System (NAICS) code (appropriate to the principal nature of the planned subcontract) supporting each firm’s size status;

e. The estimated total dollar value subcontracted to each firm;

f. The estimated total dollar value subcontracted to each SB category;

g. The percentage of total contract value subcontracted to each firm; and

h. The percentage of total contract value subcontracted to each SB category.

i. Evidence of any enforceable commitments in place between the Offeror and the participating small businesses. Each participation percentage shall be accompanied by detailed supporting documentation regarding the individual commitments.

j. If applicable, for each category in which the Offeror’s SB Participation Plan contains goals below those described below, a detailed explanation as to why.

The Government’s Small Business Participation objective for this acquisition is 10%. Offerors are encouraged to exceed this percentage and seek meaningful levels of participation in each small business socioeconomic program consistent with efficient contract performance.

Subcontracting Plan: All offerors that are not designated as a small business shall also submit a Small Business Subcontracting Plan in accordance with FAR 52.219-9. The plan will be assessed for acceptability and is not an evaluation factor.

PROPOSAL SUBMISSION INSTRUCTIONS:

Offerors shall submit one original proposal package as indicated above via the DOD SAFE Site and the three PDMs as follows:

1) Upload Original proposal packages to the DOD SAFE site no later than 1:00 PM Eastern Daylight Time on 1 June 2021:

Offerors shall submit their response to solicitation M67854-21-R-1878 via the DOD Secure Access File Exchange (SAFE) site - https://safe.apps.mil/. Offerors shall send an email to the Contract Specialist at Eric.G.Daniels@usmc.mil, with a courtesy copy to the Contracting Officer at Peggy.L.Smith1@usmc.mil for a drop-off request allowing ample time for the Offeror to upload their submission. DOD SAFE drop-off requests are valid for 14 days from date of https://safe.apps.mil/

004-8 creation. Late proposal submissions due to last minute drop-off requests will not be accepted.

Once the Contract Specialist creates a drop-off, the Offeror will receive a notification to access the SAFE site and drop-off its written proposal. The Contract Specialist must receive the written proposal by the date and time listed above.

Note: Problems accessing the DoD SAFE site by external (non-CAC) users are typically due to SSL and/or client certificate issues. If the user receives a warning about a problem with the website's security certificate, this is because their browser is not configured to trust the DOD certificate authorities. The user can either import the DOD certificate authorities by following the instructions in the DOD PKI PMO's guide on Install Root or they can accept the risk and click on the option to continue to the website.

2) Submit proposal Product Demonstration Models to the below address no later than 1:00 PM Eastern Daylight Time on 1 June 2021:

Marine Corps Systems Command 2201A Willis Street Quantico, VA 22134-5010

ATTN: ERIC DANIELS, RFP: M67854-21-R-1878

Failing to adhere to these instructions may result in the Government removing the proposal from consideration in the source selection process. Offerors may submit only one proposal in response to this solicitation. Proposals shall not contain classified information.

(End of Provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

The Government reserves the right to incorporate by reference, some, or all of the Offeror’s proposal under this solicitation. Statements in the Offeror’s proposal that exceed the requirements in the Statement of Work and/or the MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E will become the new standard for the requirement. No statement within the Offeror’s proposal will grant the awardee relief from the existing requirements.

Evaluation Factors for Award This acquisition uses Best Value Tradeoff Source Selection procedures in accordance with FAR 15.101-1. The Government anticipates awarding one 60-month Indefinite Delivery / Indefinite Quantity, Firm Fixed Price (FFP) contract for the MCWBL to an Offeror whose proposal (1) complies with the solicitation’s terms and conditions, (2) meets or exceeds the solicitation’s requirements, and (3) is the most advantageous to the Government, based upon the Government’s assessment of the evaluation factors and elements.

Upon award of the IDIQ contract, the Government will procure 25 MCWBL sets (25 undershirts and 25 drawers) comprising five sets in each of the following five sizes (X-Small, Small, Medium, Large and X-Large) via a Delivery Order to support PPV. Delivery is required within

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30 days of order placement. Upon successful completion of PPV, a second delivery order for a minimum of 3,000 MCWBLs (3,000 undershirts and 3,000 drawers) and a maximum of 6,000 MCWBLs (6,000 undershirts and 6,000 drawers tariff to be determined at time of award) will be issued. Delivery of the MCWBLs is required within 60 days of order placement.

Prior to evaluation, all proposals will be reviewed for compliance with the terms and conditions related to the submission instructions in the Addendum to 52.212-1. The evaluation process consists of two phases:

Phase 1: Go/No Go Criteria Phase 2: Tradeoff Evaluation

Phase 1 – Go/No Go Criteria The Government will evaluate, but not rate, proposals based on the six Go/No Go criterions identified in Table 4. Offerors failing to meet any one of the Go/No Go criterions will not be eligible for award. Proposals that receive a “Go” for all Phase 1 criterions will move on to evaluation Phase 2.

Table 4: Go/No Go Criteria

Criterion 1 Berry Amendment and Buy American compliance certification. The Offeror shall provide self-certification of Berry Amendment and Buy American compliance.

Criterion 2 Production Demonstration Models (PDM)s. The Offeror shall provide three PDMs in Coyote 498 color. One PDM shall be provided in each of the following sizes Small, Medium, and Large. A PDM consists of one undershirt and one drawer in the same size, for six total items.

Criterion 3 Design. The MCWBL sets submitted from the Offeror shall meet the government design. The undershirt shall be constructed with an open net-like mesh knit material and have jersey knit shoulder panels, underarm gussets, and rib knit collar and sleeve cuffs. The drawers shall be constructed with an open net-like mesh knit material and have jersey knit reinforced knee patches, jersey knit inner thigh gussets, a functional fly, an elastic waistband with an integrated drawstring cord, and rib knit ankle cuffs.

Criterion 4 Materials. The MCWBL sets submitted by the Offeror shall use materials that meet the no melt and no drip requirement listed on the Material Properties tab detailed in the MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E.

Criterion 5 Mesh Material. The MCWBL sets submitted by the Offeror shall use a mesh material that meets the hole (void) size requirements listed on the

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Material Properties tab of the MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E.

Criterion6 Offerors proposals shall state if they can meet the required PPV and Production delivery dates, quantities, and production rates.

Phase 2 - Tradeoff Evaluation The Government will evaluate, but not rate, proposals receiving a “GO” in all criteria for strengths, weaknesses, significant weaknesses, and deficiencies for compliance with the compatibility performance parameters. When making the best value determination, the Government will evaluate offers using the following factors and elements outlined in Table 5.

Table 5: Evaluation Factors

Factor 1 Technical Performance

- Element 1 Design / finished dimensions

- Element 2 Performance requirements

- Element 3 Delivery schedule Factor 2 Past performance Factor 3 Small business participation Factor 4 Price

The Government will evaluate requirements without a monetized or defined value based on the relative importance to other factors. Factors 1 through 3, when combined, are significantly more important than price. The importance of price as a factor in the final award determination will increase with the degree of equality in the non-price factors of the proposal. The Government will evaluate Past Performance and Small Business Particpation as either “acceptable” or “unacceptable.”

The Government intends to evaluate proposals and award a single contract to the Responsible Offeror with the best value and the ability to provide all CLINs on an "initial offer" without discussions. If discussions are necessary, the Government will establish a competitive range and notify all Offeror of their inclusion or exclusion. The Government will hold discussions with Offerors in the competitive range and also notify Offerors eliminated from the competitive range in writing in accordance with FAR 15.503. The overall proposed price for all CLINs determines the best value evaluation of Factor 4.

Factor 1: Technical Performance This factor consists of three elements, which are listed below:

Element 1: Design, quality and finished dimensions

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Element 2: Performance requirements compliance Element 3: Manufacturing and delivery schedule

Element 1: Design, quality and finished dimensions The Government will verify and evaluate the five product demonstration models submitted in accordance with MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E. The PDMs submitted will be evaluated for design as described on the Description Tab, using the materials and components listed on Material and Components tab, constructed according to the Construction tab to meet the finished dimensions and quality standards on the TOFM and Defects tabs of the of the MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E. The product demonstration models may be disassembled for the evaluation as required.

Element 2: Performance requirements compliance The Government will evaluate the required test data submitted in accordance Inspections tabs in the MCWBL UNDERSHIRT TECH PACK 2021E and MCWBL DRAWERS TECH PACK 2021E to verify the submitted product demonstration models meet the physical requirements.

Element 3: Manufacturing and delivery compliance The Government will use the information Offerors submit in response to 52.212-1, Paragraph 2 Technical, to evaluate the Offeror’s capability to manufacture and deliver (1) 25 MCWBLs (25 undershirts and 25 drawers) 30 days after contract award to support PPV; (2) a minimum of 3,000 MCWBLs (3,000 undershirts and 3,000 drawers) and maximum of 6,000 MCWBLs (6,000 undershirts and 6,000 drawers) 60 days after successful completion of PPV, and (3) capable of maintaining a minimum of 6,000 MCWBL production capacity in accordance with delivery orders throughout the period of performance. The Government may visit the Offeror’s manufacturing facility to validate Offeror-provided information.

Manufacturing capacity addressing ability to produce and deliver.

Factor 1 Combined Technical/Risk Rating

The Government will use the following table to apply an adjectival rating in the evaluation of Factor 1. Deficiencies, strengths, weaknesses, and significant weaknesses will be assessed at the Element level under Factor 1.

Table 6: Combined Technical/Risk Rating Method

Color Rating

Adjectival Rating

Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

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Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

DEFINITIONS

1. Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

2. Strength: Any aspect of a proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

3. Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

4. Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Factor 2: Past Performance

The Government evaluates past performance submissions to determine if they are recent. To meet the consideration as recent, the performance must have occurred within three years of the RFP submission deadline.

The Government will evaluate recent past performance submissions for relevancy based on the Offeror’s experience performing tasks similar in size, scope, and complexity. Relevant defined as work similar in scope and magnitude to the work described in this solicitation. The Government will not take into account past performance information regarding predecessor companies. The Government may use information other than that provided by the Offeror in its proposal to evaluate past performance. The Government may use Past Performance information obtained from sources other than those identified by the Offeror such as the Contractor Performance Assessment Reporting System and Federal Awardee Performance and Integrity Information System (FAPIIS).

It is incumbent upon the Offeror to explain the relevance of the data it provides. The Government has no duty to search for data to cure the problems it finds in the information provided by the Offeror. The Offeror has the burden of providing thorough and complete past performance information.

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Recent, relevant past performance submissions evaluation is to determine how well the Offeror performed on those contracts. The Government will establish an overall rating for the Offeror’s past performance in accordance with the ratings and descriptions outlined in Table 5.

Table 7: Past Performance Ratings

ADJECTIVAL RATING DESCRIPTION

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.**

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort

** In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a) (2) (iv)). Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability or unacceptability, a neutral rating is acceptable.

Factor 3: Small Business Participation

The Government will evaluate the SB Participation Factor as acceptable or unacceptable.

The Government will evaluate the extent to which the Offeror’s SB Participation Plan demonstrates commitment to using SBs, SDBs, WOSBs, HUBZone SBs and SDVOSBs in performance of the contract.

The Government will evaluate the extent to which the Offeror’s proposal and other performance information available to the Government demonstrates a history of successfully supporting Government policies concerning utilization of small business concerns as subcontractors including, when applicable, achievements against established small business subcontracting plan goals for other than small businesses. Offerors will also be evaluated on the levels of small business participation proposed and the degree of commitment to use named sources. The anticipated benefits of proposed initiatives and tools to enhance small business participation and capabilities will be considered. The Government will assess proposal realism and the likelihood of success in achieving the Government’s Small Business Participation objective for this acquisition of 10% using the ratings in Table 4 below.

Table 8: Small Business Participation Ratings

RATING EVALUATION CRITERIA

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Acceptable Proposal indicates an adequate approach and understanding of small business objectives.

Unacceptable Proposal does not meet small business objectives.

Small Business Subcontracting Plan (for other-than-small businesses only). This is NOT an evaluation factor. The Small Business Subcontracting Plan requirement is mandatory for award to a large business. Each large business offeror’s Small Business Subcontracting Plan will be reviewed in accordance with FAR clause 52.219-9 Alt II, Small Business Subcontracting Plan. The plan will be reviewed for acceptability. The plan will be incorporated into any resultant contract.

Factor 4: Price

The Government will evaluate each Offeror’s price for completeness and reasonableness. The Government will calculate price by totaling the sum of all CLINs (CLIN quantity multiplied by CLIN unit price). The Government will not entertain step-ladder pricing. In its evaluation, the Government may use published data, same or similar DOD contracts, government estimates, industry standards, Defense Contract Audit Agency (DCAA) audit information, or other appropriate information to determine reasonableness. All price information shall be in U.S.

dollars. Prices are to be Free On-Board (FOB) Destination.

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within one year from date of the offer, shall result in a binding contract without further action by either party. Before the one year expiration time, the Government may accept an offer (or part of an offer), regardless whether there are negotiations after its receipt, unless the government receives a written notice of withdrawal before award.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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.

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(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

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(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—

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(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)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately

004-19 delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

((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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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.

https://www.acquisition.gov/far/part-52#FAR_52_204_25

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(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (MAR 2020)

The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) 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

(7) Performed by…