3.8 RFQ_Caribbean Rice_2.16.2023.pdf

REQUEST FOR QUOTATION

Federal Emergency Management Agency (FEMA)

Office of Chief Procurement Officer (OCPO)

Caribbean Survivor Response Resource-Rice

Request for Quote 70FB7023Q00000005

February 14, 2023

Contract Type and Federal Supply Schedule

This is a combined synopsis/solicitation for commercial item prepared in accordance with the format in

FAR Part 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested and a written solicitation will not be issued.

FEMA is issuing a Request for Quotes (RFQ) under FAR Part 12 Acquisition of Commercial Items, in conjunction with FAR Part 13 Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulations. The

Government anticipates awarding a Firm Fixed Price (FFP) type purchase order that demonstrates the best value to the Government.

1.0. REQUIREMENT

The purpose of this requirement is to acquire 25,000 bags of 3lb, Medium Grain Rice (75,000 lbs. total) to be delivered to the Distribution Center (DC) Caribbean.

1.1. Supplies

The breakdown of delivery quantities per location is as follows:

CLIN QTY DELIVERY LOCATION UNIT PRICE* TOTAL PRICE

0001 – 3LB Medium White

Rice

25,000 DC Caribbean: San Juan

Industrial Park PR 1, KM

25.1 Quebrada Arenas Ward

San Juan, PR 00725

FEDAAC 70F337

POC: TBD

TOTAL FIRM FIXED PRICE (TRANSPORATION INCLUDED) $

A. Evaluation Factors and Award Decision

1. Evaluation Procedures: The Government will follow the evaluation procedures in FAR 13.106-2

Evaluation of quotations or offers.

2. Basis of Award: Award will be made based upon the offeror’s proposal that provides the best value to the Government using the evaluation factors and tradeoff process as outlined in FAR part

15.101-1. All evaluation factors other than price, when combined, are more important than price.

3. Factor Identification: The Government will evaluate the offerors’ proposals using the following factors:

Factor 1 – Technical Approach

Factor 2 – Delivery Schedule

Factor 3 – Past Performance

Factor 4 – Price

4. Order of Importance: Factor 1, Technical Approach is the most important factor, and more important than Factor 2, Delivery Schedule, which is more important than Factor 3, Past

Performance. The non-price factors 1, 2, and 3 combined are more important than factor 4, Price.

B. Proposal Instructions

1. Technical Proposal

The Technical Proposal shall not exceed 2 pages in length. The proposal shall address the following:

a. Factor 1 – Technical Approach

i. TECHNICAL SPECIFICATION. The offerors shall confirm and certify meeting the technical specifications of the SOW. The certification must be signed by the company’s representative to attest the meals will meet full specifications and their shelf life as outlined in the SOW. This shall include the offerors’ confirmation to adhere to the packaging and tracking requirement of the SOW.

b. Factor 2 – Delivery Schedule

ii. Distribution Center Caribbean DELIVERY SCHEDULE. The offeror shall provide breakdown of delivery schedule that is realistic, including weather and transportation availability challenges that may factor into the plan.

• Days of Delivery Planned

• Number of truckloads to be delivered per day

• Number of bags of rice to be delivered per truckload

DC Caribbean

Day # of Trucks # Bags of Rice per

Day

iii. Factor 3 – Past Performance

i. Offerors shall provide past performance on three (3) federal government agencies or other commercial business for which it has provided cots or like items with similar scope and complexity as outlined in the SOW within the past three (3) years from the date of the published solicitation.

Offerors shall provide the attached Past Performance Questionnaires, including references, from the aforementioned to be returned directly to the Contracting Officer.

Past Performance Questionnaires are due by the solicitation closing date.

2. Non-Technical Proposal

The Price Proposal does not have a page limit.

a. Factor 4 – Price

• The price proposal shall include Total Cost per Contract Line Item (CLIN) filled into the

Table below.

CLIN POP Description QTY U/I Unit Price per Meal CLIN Total

BASE

PERIOD

25,000 bags of 3lbs rice 25,000 EA $ $

Total Base Period Price $

TOTAL PROPOSED PRICE $

C. Evaluation Methodology

1. Technical Proposal Evaluation

Technical Evaluation Ratings and Definitions – Each offeror’s technical proposal will be evaluated for completeness and to determine whether the proposed approach meets the requirement and criteria as specified in the SOW. The table below provides definitions of the adjectival ratings to be used in evaluating each offeror’s technical proposal for Factors 1 and 2.

Factor 1 – Technical Specification

The technical specification will be evaluated to determine the offeror provides a complete and firm copy of current technical specification certification. It will also evaluate the offeror’s indication of tracking information capability and confirmation of timely submission of tracking information to the Government.

Factor 2 – Delivery Schedule

The Delivery Schedule will be evaluated for the earliest and reasonable dates proposed, considering weather and transportation availability considerations. It will also evaluate the offeror’s understanding and confirmation of meeting the delivery requirement in response to disaster support, by providing deliveries to Incident Support Bases, Federal Staging Areas, Points of Distribution and shelters within the

OCONUS during Steady State and Emergency Response/Surge Operations.

Rating Definition

Superior Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has at least one significant strength, and no weaknesses or deficiencies, that will significantly benefit the Government.

Good Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards.

Proposal has one or more strengths that will benefit the Government, and no significant weaknesses; only minor, correctable weaknesses exist.

Satisfactory Proposal demonstrates an understanding of the requirements and an approach that meets the minimum requirements or capability standards. Proposal presents an acceptable solution with few or no strengths and any weaknesses can be readily corrected.

Marginal Proposal demonstrates a shallow understanding of the requirements and an approach that only marginally meets requirements or capability standards necessary for minimal but acceptable contract performance. Major weakness exists.

Unsatisfactory Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.

In evaluating past performance, the Government will consider information obtained from past and present customers. By past performance, the Government means the Offeror’s record of conformity to specifications and to standards of quality of service, timeliness of performance, business relations, compliance with safety and security requirements, and contractual considerations, all of which are questions identified on the Past Performance Questionnaire.

Note: Relevancy will be defined as: very relevant, relevant, somewhat relevant, not relevant. If only one (1) questionnaire is turned in on an Offeror’s behalf then that questionnaire will be rated accordingly (outstanding, very good, etc.) and the last two (2) missing questionnaires will each be given a “neutral” rating. An offer with no relevant past performance or for whom information on past performance is not available will receive a rating of “neutral” for each missing questionnaire.

Definitions and Adjectival Rating Factor 3

The Past Performance Factor will be evaluated against the stated criteria and the rating assigned to each individual past performance record using the following descriptive adjectival ratings and definitions:

Relevance - The Government is not bound by the offeror’s opinion of relevance. The following definitions apply:

• Relevant: Past/present performance effort involved the same or much of the magnitude of effort

(i.e. being the quantity/weight of the delivered items), complexities (i.e. distance of delivery

CONUS/OCONUS), and contract dollars this solicitation requires.

• Not Relevant: Past/present performance effort did not substantially involve the effort, complexities and contract dollars this solicitation requires. An offeror with no relevant past performance history will receive a rating of “Neutral.”

Rating Definition

Satisfactory Based on the offeror’s relevant past performance record, it is likely that the offeror will successfully perform the required effort.

Unsatisfactory Based on the offeror’s past performance record which is deemed not relevant, it is not likely that the offeror will successfully perform the required effort.

Neutral No relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the offeror or subcontractors. This is neither a negative nor positive assessment.

2. Non-Technical Proposal – Price Evaluation

a. Price proposal evaluation will not receive an adjectival rating.

b. The Government will perform price evaluation to determine whether proposed prices are fair and reasonable. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Offerors are cautioned that unreasonably high prices may cause your proposal to be deemed not fair and unreasonable.

c. In evaluating price, the Government will utilize one or more proposal analysis techniques from

FAR 15.404-1. Examples of such techniques include, but are not limited to the following:

• Comparison of proposed prices received in response to the solicitation.

• Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

• Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

• Comparison of proposed prices with independent Government cost estimates.

• Comparison of proposed prices with prices obtained through market research for the same or similar services.

1.2. Description

Refer to the Statement of Work (SOW), Attachment A.

2.0. PERIOD OF PERFORMANCE

All commodities shall be delivered within 30 days of contract award.

3.0. PLACE OF PERFORMANCE

Distribution (DCs)/Delivery Addresses:

FEMA Distribution Center Caribbean

San Juan Industrial Park PR 1, KM 25.1 Quebrada Arenas Ward San Juan, PR 00725

FEDAAC 70F337

POC: TBD at award

Hours of Performance: Work hours 8:00am – 3:00pm excluding Federal holidays

Delivery Point of Contact: Government POC shall be provided upon contract award.

4.0. BASIS OF AWARD

Award will be made based upon the offeror’s proposal that provides the best value to the Government using the evaluation factors and tradeoff process as outlined in FAR part 15.101-1. All evaluation factors other than price, when combined, are more important than price. Price and ability to meet product specifications outlined in the SOW (Attachment A) will be evaluated to determine the best value for the

Government.

5.0. GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION

N/A.

6.0 INFORMATION TO OFFERORS

Please submit an electric copy (Adobe PDF) of your best and final proposal and price quote to Isaac

Chapple, Contracting Officer, isaac.chappel@fema.dhs.gov and Eric Walker, Contract Specialist, eric.walker@fema.dhs.gov no later than 12:00pm, EST on Monday, March 6, 2023.

All questions must be submitted via email to Isaac Chapple, Contracting Officer, isaac.chappel@fema.dhs.gov and Eric Walker, Contract Specialist, eric.walker@fema.dhs.gov no later than 12:00pm, EST on Tuesday, February 21, 2023.

mailto:isaac.chappel@fema.dhs.gov mailto:eric.walker@fema.dhs.gov mailto:isaac.chappel@fema.dhs.gov mailto:eric.walker@fema.dhs.gov

Offerors shall reference the Solicitation Number 70FB7023Q00000005 on all documentation submitted in response to this solicitation. Late quotations will not be accepted.

Failure to comply with the terms and conditions of this solicitation may result in the quote being determined as non-responsive.

Quotes MUST be good for 30 calendar days after close of the solicitation.

This solicitation requires registration with System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be “ACTIVE” at time of award. Data Universal Numbering

System (DUNS) and Cage codes must be included in the quote.

Upon receipt of quote, the Government shall verify the Offeror followed the formatting directions and is not listed in the Excluded Parties List System (EPLS). Offerors found on the EPLS shall not be considered for award, in accordance with FAR 9.405(3).

7.0 INVOICE APPROVAL (JUN 2014)

The following FEMA individual (in addition to the Contracting Officer) is hereby delegated authority to accept goods and services and to review and approve invoices for this contract:

Authorized Invoice Approver:

Name: TBD

Title: TBD

Phone: TBD

Email: TBD

8.0 CONTRACT CLAUSES

In addition to the FAR 52.212-4 “Contract Terms and Conditions—Commercial Items” the following FAR, HSAR and FEMA Clauses are incorporated as an addendum to this solicitation.

The full text can be accessed at https://www.acquisition.gov/

HSAR Number Title Date

3052.212.70 Contract Terms and Conditions Applicable to DHS

Acquisition of Commercial Items

SEP 2012

3052.222-70 Strikes or picketing affecting timely completion of the contract work

DEC 2003

3052.222-71 Strikes or picketing affecting access to a DHS facility DEC 2003

3052.242-72 Contracting officer's technical representative DEC 2003

HSAR 3052.209-72 Organization Conflict of Interest (JUN 2006)

(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting with FEMA.

http://www.sam.gov/ https://www.acquisition.gov/

(b) If any such conflict of interest is found to exist, the Contracting Officer may

(1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United

States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the

Government, and the offeror may be found ineligible for award.

(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:

_(1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or

_(2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.

(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.

(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to

DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.

(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty

(30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.

(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.

(End of provision)

NUMBER TITLE DATE

52.202-1 Definitions Jun-20

52.203-3 Gratuities Apr-84 52.203-5 Covenant Against Contingent Fees May-14

52.203-6 Restrictions on Subcontractor Sales to the Government Jun-20 52.203-7 Anti-Kickback Procedures Jun-20

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

Jun-20

52.204-7 System for Award Management Oct-18

52.204-19 Incorporation by Reference of Representations and Certifications Dec-14

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

Jul-18

52.211-5 Material Requirements Aug-00 52.217-6 Option for Increased Quantity Mar-89

52.222-50 Combating Trafficking in Persons Oct-20

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Jun-20

52.225-18 Place of Manufacture Aug-18 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications Jun-20

52-232-1 Payments Apr-84

52.232-18 Availability of Funds Apr-84 52.232-39 Unenforceability of Unauthorized Obligations Jun-13

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec-13 52.233-2 Service of Protest Sep-06

52.233-3 Protest after Award Aug-96 52.233-3 Alternate I May-14

52.233-4 Applicable Law for Breach of Contract Claim Oct-04 52.243-1 Changes – Fixed Price Aug-87

52.243-1 Alternate I Apr-84 52.243-1 Alternate II Apr-84

52.243-1 Alternate III Apr-84 52.243-1 Alternate IV Apr-84

52.243-1 Alternate V Apr-84 52.244-6 Subcontracts for Commercial Items (Nov 2020) Nov-20

FAR 52.212-1 Instructions to Offerors – Commercial Items (NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with

FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than

5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10 authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the

Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional

SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one.

The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the

Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision) https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11

FAR 52.212-2 Evaluation-Commercial Items (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Technical Approach

Factor 2 – Delivery Schedule

Factor 4 – Price

Order of Importance: Factor 1, Technical Approach is the most important factor, and more important than

Factor 2, Delivery Schedule, which is more important than Factor 3, Past Performance. The non-price factors 1, 2, and 3 combined are more important than factor 4, Price in accordance with FAR 15.304.

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

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR 52.212-4 Contract Terms and Conditions (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at

Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic

Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the

Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (DEC 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic…