70CMSW22R00000011 Attachment 1 FINAL.pdf

Attachment 1 Solicitation 70CMSW22R00000011

9MM Duty Ammunition RFP

SOLICITATION

REQUEST FOR PROPOSALS (RFP)

RFP# 70CMSW22R00000011

This is a solicitation for commercial items prepared in accordance with (IAW) the format in the Federal Acquisition Regulation (FAR) under FAR Parts 12 (Acquisition of Commercial Products and Commercial Services) and 15 (Contracting by Negotiation). This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 dated April 26, 2022.

I. GENERAL INFORMATION:

Requirement: The scope of this requirement is to provide 9MM Luger or 9MM Luger +P caliber Duty ammunition between 124-150 grains to support the Office of Firearms and Tactical Programs (OFTP) and the armed ICE agents in the field. All ammunition must meet the specifications IAW the Statement of Work (SOW).

North American Industrial Classification System (NAICS): The associated NAICS code for this requirement is 332992, Ammunition Manufacturing.

Product Service Code (PSC): The associated PSC is 1305, Ammunition thru 30mm.

Unrestricted Procurement: This acquisition is being solicited as UNRESTRICTED meaning the Government will consider and evaluate proposals from Large and Small Businesses under the associated NAICS code.

II. INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ):

Type of Contract: IAW FAR Parts 12 and 15, ICE intends to award multiple Indefinite Delivery-Indefinite Quantity (IDIQ) contract(s) whereby firm-fixed-price (FFP) delivery orders will be issued. If the Government decides that it is advantageous to make multiple IDIQ awards, then those awards will be made to the offerors that present the best value to the Government.

Period of Performance: The ordering period of the anticipated IDIQ contracts is date of award through 60 months from date of award (5 years total). Delivery Orders (DOs) may have a period of performance of 12 months beyond the last day of the contract’s ordering period. A DO may be placed against the contract on or before the last day of the contract’s ordering period.

Each IDIQ award will include five (5) ordering periods, as follows, and individual item prices will be proposed for each ordering period in Attachment 3- Pricing Schedule:

Base Period: Date of award through initial 12-month period Ordering Period 1: TBD- Next 12-month period Ordering Period 2: TBD- Next 12-month period

Ordering Period 3: TBD- Next 12-month period Ordering Period 4: TBD- Next 12-month period

Guaranteed Minimum: The Government will guarantee 100,000 rounds on the first Delivery Order for a single award IDIQ contract. If the Government awards multiple IDIQ contract, then the 100,000 rounds will be evenly split among the total number of awards (i.e., two (2) IDIQ awards= 50,000 rounds for each IDIQ award).

Total Maximum Quantities: The maximum amount of ammunition rounds the Government may order throughout the entire POP of the IDIQ contract award(s) is 67,500,000.

Delivery Terms: Delivery is free-on-board (FOB) Destination to numerous DHS component locations within the Continental United States (CONUS) and its territories including Alaska, Hawaii, Guam, the Northern Marianna Islands, Puerto Rico, and the U.S. Virgin Islands in accordance with the Statement of Work (Refer to Attachment 2). Specific delivery destination will be specified at the delivery order level.

Multi-Agency Contract (MAC): ICE may permit DHS (to include its components), U.S.

Department of Defense (DoD) and any U.S. federal law enforcement or national security agencies including those in the continental U.S., Alaska, Hawaii, Guam, the Northern Marianna Islands, Puerto Rico, and the U.S. Virgin Islands to purchase any, and all contracted items after written request to and subsequent approval by the ICE Contracting Officer (CO) and Contracting Officer’s Representative (COR).

Individuals authorized to purchase under the IDIQ: Any warranted ICE Contracting Officer (CO) may compete, and award DO against the IDIQ vehicles. In addition, the IDIQ CO has the overall responsibility for the administration of the terms and conditions of the IDIQ. The IDIQ CO maintains IDIQ oversight, conducts quality reviews, establishes ordering guidelines, and provides support to the program office, resolve issues with Components and industry, and issues modifications as needed. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Solicitation/FAT/LAT Samples of Ammunition: Offerors shall submit 8,000 solicitation rounds prior to the RFP proposal submission date for OFTP personnel to test and evaluate.

Following award (if applicable), all IDIQ awardees shall submit a separate 8,000 rounds which serves as a First Article Testing (FAT) to ensure the ammunition is still valid IAW with the SOW. Prior to each release of a new lot of ammunition to fill Delivery Orders, IDIQ awardees will be required to submit 3,000 rounds of Lot Acceptable Test (LAT). See Section 3.2 and 3.4 of the SOW.

Delivery Orders (post award of the IDIQ award(s): The Contractor shall provide adequate commercial packaging and marking for shipping and delivery of all equipment ordered for receipt in undamaged condition. Containers and closures shall comply with Interstate Commerce

Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

At a minimum, each DO shall include the following information from the IDIQ awardee(s) to the Government:

- Contractor Name and Full Address

- Contractor Unique Entity Identifier (UEI)

- IDIQ Base Number/DO Number

- Itemized list of commodities being provided

- Quantity and Unit Price for each item

- POP of the DO and estimated deliver date of items

- Total Price

Warranty: Unless specified otherwise in the agreement, the Contractor’s standard commercial guarantee/warranty as stated in the contractor’s commercial price list will apply.

Teaming Arrangements: Offerors are free to enter into teaming arrangements with other firms.

The prime contractor in any award made under this solicitation shall be responsible for the actions or omissions of any of his/her subcontractors.

III. Proposal Submission Dates:

QUESTIONS: Questions concerning the Request for Proposal (RFP) shall be submitted via e-mail, no later than Friday, May 27, 2022, at 11:00AM Eastern Standard Time (EST) to Tony.Ross@ice.dhs.gov . Offerors shall cite the attachment number, section, paragraph, and page number of the document that their question pertains to. Answers will be provided to all prospective offerors, giving regard to the proper protection of proprietary information. U.S.

Immigration and Customs Enforcement (ICE) recommends that offerors ensure questions are written to enable a clear understanding as to the offeror’s issues or concerns. Statements expressing opinions, sentiments or conjectures are not considered valid inquiries or comments for this purpose and will not receive a response from ICE.

PROPOSAL DUE DATE: Proposals shall be received no later than Thursday, July 14, 2022, at 4:00PM EST to Tony.ross@ice.dhs.gov to be considered for award. Please refer to this solicitation as well as other relevant FAR Clauses, Provisions, HSAR Clauses, and Terms and Conditions, for additional submission instructional and evaluation procedures.

III. Proposal Content and Submission Instructions:

NOTE: LATE PROPOSAL SUBMISSION WILL NOT BE ACCEPTED

PROPOSAL CONTENT:

mailto:Tony.Ross@ice.dhs.gov mailto:Tony.ross@ice.dhs.gov

Offerors are cautioned to review the RFP and ensure that the proposal submitted is fully responsive and complies with all requirements of the RFP. Each proposal shall clearly demonstrate that the offeror understands the overall and specific technical requirements of the SOW. The offeror shall provide the requested past performance and pricing information as specified in this solicitation. Failure to address all requirements of the RFP in the proposal may result in the proposal being removed from consideration for award by the Government. Clarity and completeness of the proposal is of the utmost importance. The proposal shall be written in a practical, clear, and concise manner. It shall use quantitative terms whenever possible and shall avoid qualitative adjectives to the maximum extent possible. Proposals shall be legible, single-space, type-written in a type size not smaller than an eleven (11) point font, on paper not larger than eight-and-one-half-by-eleven inches.

Amendments: When an amendment is issued that calls for changes to a proposal after its initial submission, Offerors shall follow the same instructions in this section for the appropriate volume to the address specified herein. Changes shall be described in summary format and the changes/replacement pages shall be clearly identifiable. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The Offerors shall include the date of the amendment at the bottom of the changed pages.

PROPOSAL SUBMISSION INSTRUCTIONS:

IAW FAR 15.203 (Requests for Proposals), the offeror’s proposal must be submitted in THREE

(3) volumes: Volume I – Technical (Part A to Altoona, PA, and Part B to the ICE CO); Volume II – Past Performance; and Volume III – Pricing. Each of the volumes shall be separate and complete so that an evaluation of each may be accomplished independently and simultaneously.

Volume I (Part A only) submissions shall be sent direct to the OFTP Altoona, PA address detailed below under “Solicitation Samples to OFTP.”

Volume I (Part B only), Volume II and Volume III submissions shall be labeled “RFP# 70CMSW22R00000011” and sent directly via Electronic Email (e-mail) ONLY to ICE Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

All electronic e-mail proposals shall be provided in MS Word Version 2010 or later and/or Excel Version 2010 or later. Facsimile proposals are not permitted and will be disregarded if received.

Failure to provide any required documents may result in the proposal being removed from consideration for award by the Government.

Volume I- Technical (Part A only)

SOLICITATION SAMPLES TO OFTP (Altoona, PA)

The offerors shall provide a qualification sample of 8,000 rounds of ammunition and all documentation requirements outlined in SOW Section 3.5. The ammunition is at no cost to the government. This sample of ammunition will undergo qualification testing to ensure that it meets or exceeds the standards as stated in the SOW. OFTP personnel will perform the qualification testing on all ammunition submitted and no ammunition will be returned to the Offeror.

All solicitation samples (8,000 rounds) shall be submitted to:

U.S. Immigration and Customs Enforcement (ICE) Armory Operations

Attn: Solicitation 70CMSW22R00000011 (9MM DUTY AMMO) 320 East Chestnut Avenue

Altoona, PA 16601

Volume I- Technical (Part B only)

This section shall be limited to five (5) pages, not to include the Sub-Contracting Plan (REQUIRED for Large Businesses) and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov. The Offeror shall provide a brief description of the technical approach to providing the proposed ammunition identified in the SOW.

SUBCONTRACTING PLAN (Large Businesses ONLY):

There is no page limitation for this section and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

It is applicable to large businesses only (under the NAICS code) IAW FAR Clause 52.219-9 Small Business Subcontracting Plan (Nov 2021) and Alternate II (Nov 2016). Attachment 5, Sample Subcontracting Plan, is provided as guidance.

Volume II- Past Performance

This section shall be limited to 5 pages total, and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

The offeror shall identity three (3) ongoing or successfully completed projects performed by the offeror or its Subcontractors that demonstrate recent and relevant past performance. Recent is defined as within the last three (3) years from the date proposals are due. Relevant is defined as work similar in scope, complexity, magnitude, and financial impact to client to the work identified in the SOW. For ongoing projects, at least 50 percent of the contract funding for the period of performance shall have been expended by the date of submission of the proposal.

Please include the following information:

a) Project Title,

b) Description of the Project,

c) Contract/Delivery Order Number,

d) Contract/Delivery Order Amount,

e) Government Agency/Organization,

f) Contracting Officer’s Representative (COR) name, address, phone number and email address,

g) Contracting Officer’s name, address, telephone number and email address, and

h) Current Status, (e.g., completed and/or in progress, start and estimated completion date).

A past performance questionnaire is provided as Attachment 4 to the RFP. The offeror shall forward this questionnaire to each of the references provided and request the response be submitted directly to the address specified for receipt of responses by the due date of the solicitation.

The Government reserves the right to access and consider past performance information from other sources.

Volume III- Pricing

This section shall be limited to 5 pages total, and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

The offeror shall complete and return an excel copy of Attachment 3, Price Schedule and may submit a list of quantity price breaks for each item. The offeror shall prepare a price proposal that contains all information necessary to allow for a comprehensive evaluation of the prices proposed by the offeror. This includes completing an estimated total price for each CLIN based on the provided estimates. Pricing shall be valid for 120 calendar days after the date that proposals are due.

The Government will evaluate price proposals for award purposes by adding the total price for all options to the price for the base requirement. Evaluation of options does not obligate the Government to exercise the options.

The Government will validate that the information provided in other parts of the proposal is consistent with the information provided in the price proposal. Any inconsistencies will be noted and may adversely affect the proposal evaluation. Prices will be incorporated into the contract as firm fixed prices and are not subject to changes through adjustments.

PROPOSAL PREPARATION COST

The Government will not pay costs incurred by any offeror in the preparation and submission of a proposal in response to this RFP. The Contracting Officer is the only person who can legally obligate the Government for the expenditure of public funds regarding this procurement.

IV. EVALUATION CRITERIA:

A. BASIS FOR AWARD- IDIQ BASE AWARD(s):

IAW FAR Part 15.101-1 (Tradeoff process), the Government will award IDIQ contract(s) resulting from this solicitation to the responsible offeror(s) whose offer conforms to the solicitation and will be most advantageous to the Government, price and other factors considered. This analysis consists of a comparative analysis of evaluated ammunition testing results, ability to meet the minimum requirements of the SOW, past performance history and submitting pricing. IDIQ Award(s) may be made without discussions.

The RFP Factors are as follows:

• Factor 1- Technical Approach- Testing/Evaluation of Ammunition

• Factor 2- Minimum Requirements IAW the SOW

• Factor 3- Past Performance

• Factor 4- Price

Relative Importance of Evaluation Factors:

The evaluation factors are stated in descending order of importance. Factors 1, 2 and 3 are referred to as non-price factors. Non-price factors (when combined) are significantly more important than Price. As the non-price evaluation factors approach equality, price becomes more important in making the award determination. If two or more proposals are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced proposal. It should be noted that award may be made to other than the lowest priced proposal if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated proposal, if the Government determines that a price premium is not warranted.

If the Government decides that it is advantageous to make multiple awards, then those awards will be made to the offerors that present the best value to the Government. Awardees will then be awarded competitive delivery orders in accordance with FAR Part 16.505 (b), Orders under multiple award contracts. Further details are provided in Attachment 7- Ordering Procedures.

Evaluation Criteria for Factor 1- Technical Approach- Testing/Evaluation of Ammunition

The Technical Factor assesses the technical capability of the offeror to provide the ammunition required by the SOW or exceeding the requirements of the SOW which provide for minimum and maximum thresholds. Points are based on the offeror’s evaluated capability to meet and exceed the minimum thresholds, while not exceeding maximum thresholds, identified in the SOW. Some technical evaluation performance characteristics are weighted more heavily than others. Additionally, several factors which are conducive to a scoring range are to be evaluated on a pass/fail basis. See Attachment 6 for details of the scoring.

Offerors will be evaluated in the areas of basic compliance and major requirements (velocity, precision grouping function). An overall rating will be assigned based on the test results and basic requirement compliance as outlined in Table I of the SOW.

As part of your Factor 1 submission, Offeror’s ammunition will be tested IAW the various tests outlined in the SOW. Following the testing, the ammunition will be given an overall score IAW the Technical Evaluation Board Individual Worksheet.

Factor 1 submissions will be reviewed, evaluated, and assigned an adjectival rating as described in the table below based on the total number of points received:

Rating Symbol Definition

Outstanding O The offeror receiving a score between 33-48 points from the OFTP Individual Scoring Sheet with no failures

Very Good V The offeror receiving a score between 17-32 points from the OFTP Individual Scoring Sheet with no failures

Acceptable A The offeror receiving a score between 0-16 points from the OFTP Individual Scoring Sheet with no failures

Unacceptable U The offeror failed to meet the minimum standards listed in the Statement of Work and one or more failures exist IAW the testing results. The proposal is not eligible for award.

Definition:

Failure- A failure is defined as any “FAIL” grade received for any of the Government’s “PASS/FAIL” tests outlined in the SOW. One (1) failure constitutes an Unacceptable rating for Technical Capability. If that occurs, the proposal is not eligible for award.

Factor 2- Minimum Requirements IAW the SOW

-As part of your Factor 2 submission, Offerors shall address, at a minimum, the following bullets below in accordance with the SOW:

• Confirmation that your submitted ammunition is 9MM Luger or 9MM Luger +P ammunition between 124 and 150 grains. (SOW Section 1.0)

• Confirmation that the offeror is capable of manufacturing the entire quantity of ammunition at the offeror’s manufacturing facility. (SOW Section 3.1)

• Confirmation that your firms Quality Management System (QMS) meets ALL of the criteria identified in SOW Section 3.3.

• Confirmation that your firm submitted a sample of 8,000 ammunition rounds to the OFTP Altoona, PA Office address IAW SOW Section 3.4.1.

• Confirmation that your firm submitted ALL documentation IAW SOW Section 3.5.

• Confirmation that your firm followed all packaging protocol IAW SOW Section 3.6.

• Confirmation that your firm’s cartridge specifications meet ALL factors outlined in SOW Section 3.7.

• Confirmation that your firm’s pressure specifications meet ALL factors outlined in SOW Section 3.8.

• IAW FAR 19.704 and FAR 52.21909, confirmation that your firm submitted a Small Business Subcontracting Plan (only applicable and REQUIRED for large businesses under the NAICS code identified in the RFP).

-Factor 2 submissions will be reviewed, evaluated, and assigned a confidence rating as described in the table below:

Confidence Rating Definitions

Rating Definition

High Confidence The Government has high confidence that the offeror understands the 9mm Duty ammunition requirement, proposes a sound approach, has the necessary technical capability, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the offeror understands the 9mm

Duty ammunition requirement, proposes a sound approach, has the necessary technical capability, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the offeror understands the 9mm

Duty ammunition requirement, proposes a sound approach, has the necessary technical capability, or will be successful in performing the contract even with Government intervention.

Evaluation Process for Factor 3- Past Performance

The Government will evaluate the recency, relevance and quality of the offeror’s past performance based on the past performance references provided in the offeror’s submission and/or other information obtained from references provided by the offeror. The Government may also use other relevant past performance information obtained from other sources known to the Government in its evaluation. The Government reserves the right to perform customer surveys only for those contracts that are deemed by the Government to be most relevant to this procurement. An offeror without a record of past performance or for whom information on relevant past performance is not available will be evaluated as neutral. The past performance evaluation will assess the offeror’s record of providing quality ammunition that ensures the SOW requirements were met.

-Factor 3 submissions will be reviewed, evaluated, and assigned a rating as described in the table below:

Adjectival Rating Definition

Exceptional = E

Based on the offeror’s past performance record, performance met contractual requirements and exceeds many to the Government’s benefit. It is highly likely that the offeror will successfully perform the required effort.

Very Good = VG

Based on the offeror’s past performance record, performance met contractual requirements and exceeds some to the Government’s benefit. It is most likely that the offeror will successfully perform the required effort.

Satisfactory = SAT Based on the offeror’s past performance record, performance met contractual requirements. It is likely that the offeror will successfully perform the required effort.

Marginal = M

Based on the offeror’s past performance record, performance did not meet some contractual requirements. It is likely that the offeror will not successfully perform all of the required effort.

Unsatisfactory = U

Based on the offeror’s past performance record, performance did not meet most contractual requirements and recovery was not accomplished in a timely manner. It is highly likely that the offeror will not successfully perform the required effort.

Neutral = N

No recent and 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, key personnel, or subcontractors.

This is neither a negative nor positive assessment.

Evaluation Process for Factor 4- Price.

Price proposals will not be assigned an adjectival rating but will be evaluated with respect to reasonableness and completeness based on the information submitted in the Offeror’s price proposals. IAW FAR 15.404-1, the following price analysis techniques will be used to ensure the proposed prices are fair and reasonable:

Reasonableness. The Government will evaluate the total proposed price for reasonableness inclusive of all the Ordering Periods (Base Period plus all Optional Periods). The Government may utilize one or more of the following methods to evaluate price reasonableness:

• Comparison to other proposals received.

• Comparison and/or analysis based on Independent Government Cost

Estimate (IGCE).

• Comparison/analysis to historical prices paid for similar ammunition by

ICE.

• Comparison with competitive published ammunition price lists.

Completeness. The Government’s price evaluation will also assess the accuracy and completeness of the price proposal, which involves verification that:

1) All line items are priced in Attachment 3- Pricing Schedule.

2) Pricing figures are correctly calculated; and

3) Prices/discounts are presented in the adequate format.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

V. FAR PROVISIONS/CLAUSES SECTION:

FAR PROVISIONS Incorporated by Reference:

X 52.204-7, System for Award Management (Oct 2018)

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

X 52.204-17, Ownership or Control of Offeror (Aug 2020)

FAR PROVISIONS Incorporated in Full Text:

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

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

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that-

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

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

(End of provision)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

As prescribed in 9.108-5(b), insert the following clause:

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

(a) Definitions. As used in this clause-

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in https://www.acquisition.gov/far/9.108-5#FAR_9_108_5 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/9.108-2#FAR_9_108_2 https://www.acquisition.gov/far/9.108-4#FAR_9_108_4 https://www.acquisition.gov/far/9.108-5#FAR_9_108_5 http://uscode.house.gov/ http://uscode.house.gov/ accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

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 which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(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 numbers.

(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.

https://www.acquisition.gov/far/9.108-2#FAR_9_108_2 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(8) A completed copy of the representations and certifications at 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.

(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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items 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-https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(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, which 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 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/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(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 items, the make and model of the item 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://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021)

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

EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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:

See the Evaluation Criteria identified in the RFP

(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)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (NOV 2021)

Offerors are to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. This provision is hereby incorporated into this RFQ in its entirety.

(End of Provision)

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

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(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 https://www.sam.gov/ 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…