ICE Body Armor Solicitation Revised 9 14 2022 TR.pdf

Solicitation 70CMSW22R00000021 ICE Soft Body Armor

REQUIREMENT: ICE SOFT BODY ARMOR LEVEL IIIA

SOLICITATION- 70CMSW22R00000021

Revised on 9/14/2022

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

I. GENERAL INFORMATION:

Background: The Department of Homeland Security (DHS)/Immigration Customs Enforcement (ICE) is the largest federal law enforcement agency whose missions include preventing terrorism and enhancing security, managing our borders, administering immigration and customs laws, and securing cyberspace. A significant part of ICE’s mission is supplying the agents in the field with high quality body armor that allows him/her to perform their law enforcement duties.

Requirement: The scope of this requirement is to procure Certified National Institute of Justice (NIJ) concealable threat level IIIA body armor to support the U.S. Immigration and Customs Enforcement (ICE), Office of Firearms and Tactical Programs (OFTP). The body armor shall be highly scalable, torso protective body armor kits that are comfortable to wear while not impeding law enforcement actions required during duty performance. All body armor must meet the specifications IAW the Statement of Work (SOW).

North American Industrial Classification System (NAICS): The associated NAICS code for this requirement is 315990, Apparel Accessories and Other Apparel Manufacturing.

Product Service Code (PSC): The associated PSC is 8470, Armor Personal.

100% Small Business Set-aside Procurement: This acquisition is being solicited as a 100% Small Business set aside. The Government will consider and evaluate proposals from Small Businesses under the above 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 as specified in paragraph IV, Evaluation Criteria.

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 2- 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: Under this contract, the Government will acquire a minimum number of supplies totaling $100,000.00 per IDIQ base award, if applicable. Funding will be applied to the first Delivery Order.

Maximum Ordering: Under this contract, the Government ceiling of acquiring supplies is not to exceed (NTE) $24,300,000.00 for all IDIQ awards in total, if applicable.

Delivery Terms: Delivery is free-on-board (FOB) Destination to numerous DHS/ICE component locations within the United States and its territories in accordance with the Statement of Work (Attachment 1). Specific delivery destination will be specified at the delivery order level.

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 (Attachment 5 – IDIQ Ordering Guide), 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.

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.

III. Proposal Submission Dates:

QUESTIONS: Questions concerning the Request for Proposal (RFP) shall be submitted via e-mail, no later than Tuesday, September 20, 2022, at 10:00AM 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 Wednesday, October 5, 2022, at 4:00PM EST to Tony.ross@ice.dhs.gov to be considered for award. Please refer to this combined synopsis/solicitation (RFP), 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:

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.

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

Amendments: Any changes to a proposal made by an Offeror after its initial submission shall be submitted following 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 FOUR

(4) separate volumes: Volume I – Technical Samples (Sent to Fort Benning, GA); Volume II – Technical Approach; Volume III - Past Performance; and Volume IV – Pricing. Each of the volumes shall be separate and complete so that an evaluation of each may be accomplished independently and simultaneously.

Volume I submissions shall be sent direct to the OFTP Fort Benning, GA address detailed below under “Solicitation 70CMSW22R00000021 Body Armor Samples to OFTP.”

Volumes II, III and IV submissions shall be labeled “RFP 70CMSW22R00000021” 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 Samples

SOLICITATION SAMPLES TO OFTP (Fort Benning, GA)

The offerors shall send the following to the OFTP address below: (a) Ten (10) Level IIIA Soft Body Armor KITS (see below for sizing requirements), and (b) A 12” by 12” test ballistics panel. The KITS and test panels are at no cost to the government. The body armor kits, and test panels 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 items submitted and body armor/testing panels will NOT be returned to the Offeror.

• Offerors are to send TEN (10) Level IIIA Soft Body Armor Kits and ONE (1) 12” by 12” TEST PANEL to:

Attn: Michael S. Lavergne

Office of Firearms and Tactical Programs (OFTP) 6760 Upton Ave, BLDG 234

Fort Benning, GA 31905

• ONE (1) Level IIIA Soft Body Armor KIT consists of the following:

A. Soft Body Armor Ballistic Panels (Front and Back)

B. Tactical Outer Garment Carrier Kit

C. Optional Pouches

D. One (1) Ancillary Soft Kit in Ranger Green

E. One (1) Low Visibility Level II Concealable Kit

F. One (1) Stand-alone Ancillary Scalable Assaulters Plate Carrier

• SIZING: The TEN (10) KITS will consist of FIVE (5) Male size LARGE and FIVE (5) Female size MEDIUM.

• TEST PANELS: A 12” by 12” test panel made of the same material and structure method as the Ballistic Panel submissions IAW with the Level IIIA Soft Body Armor KIT (will be used for weight and thickness evaluations)

Volume II- Technical Approach

This section shall be limited to TEN (10) 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 provide a brief description of the technical approach to providing the proposed body armor identified in the SOW.

Volume III- Past Performance

This section shall be limited to five (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 (law enforcement body armor or similar commodities), complexity (describe the type of contract), magnitude (delivering to a law enforcement agency), and financial impact (state value of the contract) 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 3 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 IV- Pricing

Offerors shall complete and return an excel copy of Attachment 2- Pricing Schedule directly via Electronic Email (e-mail) ONLY to the CO, Tony Ross at Tony.Ross@ice.dhs.gov.

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.

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 the evaluated body armor 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 Body Armor o Sub-Factor 1- Weight Evaluation o Sub-Factor 2- Thickness Evaluation o Sub-Factor 3- User Assessment Evaluation

• Factor 2- Minimum SOW Confirmations

• 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.

Factor 1 contains three (3) sub-factors that demonstrate the results from various field tests to ensure it meets the requirements of the SOW. All sub-factors of Factor 1 are of equal importance. Any offeror receiving an UNACCEPTABLE rating for any Factor or Sub-Factor will not be eligible for award.

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(s). It should be noted that award may be made to other than the lowest priced proposal(s) 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(s), 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 5- Ordering Procedures.

Evaluation Criteria for Factor 1- Technical Approach- Testing/Evaluation of Body Armor

The Technical Factor assesses the technical capability of the offeror to provide the body armor 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. An overall rating for Factor 1 will be assigned based on the combination of the three Sub- Factors test results. Each Sub-Factor will be assigned a separate rating.

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 468-520 points from the OFTP Individual Scoring Sheet with no failures

Very Good V The offeror receiving a score between 416-467 points from the OFTP Individual Scoring Sheet with no failures

Acceptable A The offeror receiving a score between 364-415 points from the OFTP Individual Scoring Sheet with no failures

Unacceptable U The offeror failed to meet the minimum standards listed in the SOW by receiving less than 364 points IAW the testing results. The proposal is not eligible for award.

• FACTOR 1, Sub-Factor 1- Weight Evaluation

The Government will evaluate the 12” by 12” test panel made of the same material as the Ballistic Panel submissions IAW with the Level IIIA Soft Body Armor KIT. The panel will be used for a weight evaluation. The panel will be weighed separately on a scale calibrated prior to the beginning of this assessment. The weight of each panel will be recorded (0.00 pounds) and then a weight will be calculated.

Points are awarded as follows:

Average Weight (lbs.) Points

> 1.51 0

1.31 – 1.50 5

1.11 – 1.30 10

0.91 – 1.10 20

0.81 – 0.90 30

0.71 – 0.80 40

< 0.70 50

Sub-Factor 1 submissions will be reviewed, evaluated, and assigned an adjectival rating as

Outstanding O The offeror receiving a score of 50 points based on the table above.

Very Good V The offeror receiving a score between 30 to 40 points based on the table above.

Acceptable A The offeror receiving a score between 20 to 30 points based on the table above.

Unacceptable U The offeror failed to meet the minimum standards by receiving a score of 10 or less based on the table above. The proposal is not eligible for award.

• FACTOR 1, Sub-Factor 2- Thickness Evaluation

Offerors shall send a 12” by 12” test panel made of the same material as the Ballistic Panel submissions IAW with the Level IIIA Soft Body Armor KIT. The panel will be used for a thickness evaluation. The panel will be tested IAW the Thickness diagram below showing approximate points of measure as follows:

Thickness Diagram

Points are awarded as follows:

Average Thickness (in.) Points > 0.36 0

0.31 – 0.35 15

0.26 – 0.30 30

0.21 – 0.25 40

< 0.20 50

Sub-Factor 2 submissions will be reviewed, evaluated, and assigned an adjectival rating as

Outstanding O The offeror receiving a score of 50 points based on the table above.

Very Good V The offeror receiving a score of 40 points based on the table above.

Acceptable A The offeror receiving a score of 30 points based on the table above.

Unacceptable U The offeror failed to meet the minimum standards by receiving a score of 15 or less based on the table above. The proposal is not eligible for award.

FACTOR 1, Sub-Factor 3- User Assessment Evaluation

Offerors are to send TEN (10) Level IIIA Soft Body Armor KITS consisting of FIVE (5) Male size LARGE and FIVE (5) Female size MEDIUM. These KITS will be used for a User Assessment evaluation. The OFTP assessors/evaluators will be five males and five females for a total of ten evaluators per Offeror body armor sample submitted.

CATEGORIES: The Evaluators/Assessors will participate in a controlled series of events (Shooting and Arrest Scenario) to address six (6) categories that are identified in Attachment 4.

Those different categories include Comfort, Fit, Flexibility, Durability, Access to Duty Gear and Craftmanship/Appearance. All Evaluators/Assessors will be qualified Federal Law Enforcement personnel.

EVENTS: The evaluators will test the body armor in the following two scenarios:

• Shooting

(1) DHS ICE Carbine Qualification Course

(2) Multiple Target Stress Obstacle Range - Assessors will undergo a series of shooting events including the navigation of common obstacles with pistols and carbines on the DHS ICE’s Stress Obstacle Range.

• Arrest Scenario

(3) Practical Application – Assessors will undergo an arrest scenario including room clearing.

Following the events, the evaluators will fill out their own individual User Assessment Form (Attachment 4). The max score for each evaluator per sample is 42 points and based on having 10 evaluators total, the max score a body armor submission is 420 points.

Sub-Factor 3 submissions will be reviewed, evaluated, and assigned an adjectival rating as

Outstanding O The offeror receiving a score between 378-420 points from the OFTP Individual Scoring Sheet (Attachment 4).

Very Good V The offeror receiving a score between 336- 377 points from the OFTP Individual Scoring Sheet (Attachment 4) Acceptable A The offeror receiving a score between 294-335 points from the OFTP Individual Scoring Sheet (Attachment 4).

Unacceptable U The offeror failed to meet the minimum standards listed in the SOW by receiving less than 294 points from the OFTP Individual Scoring Sheet (Attachment 4). The proposal is not eligible for award.

Factor 2- Minimum SOW Confirmations

-As part of your Factor 2 submission, Offerors shall address, at a minimum, the following below:

• Confirmation that the offeror is capable of manufacturing a minimum of 3,500 Level IIIA Soft Body Armor KITS per calendar year at the offeror’s manufacturing facility. (SOW Section under SCOPE)

• Confirmation that your submitted body armor is certified to have met or exceeded the Ballistic Resistance of Body Armor Standard 0101.06 for Level IIIA. (SOW Section 1.1)

• Confirmation that your submitted body armor meets or exceeds the FBI Ballistic Resistance requirements for Standard Level IIIA. (SOW Section 1.2)

• Confirmation that the Offeror has the ability to provide two (2) representatives to travel to the DHS ICE Academy in Brunswick, GA to ensure OIA Package issued to new agent trainees fit properly. Issuance and fitting of OIA Packages must be IAW provided OFTP class schedules. (SOW Section 8.7)

• Confirmation that all minimum warranties are met for the OIA Package, Ballistic Panels and Overt Tactical Carriers. (SOW Section 9)

• Confirmation that the Offeror provides proof of liability insurance in the amount of $5,000,000.00 (SOW Section 11.1)

• Confirmation that the Offeror has and maintains a Quality Control Plan (QCP) with sufficient testing measures applied to ALL body armor packages delivered to the Government. (SOW Section 16.1)

• Confirmation that the Offeror submitted ALL required samples (10 KITS with specific sizing requirements and the 12” by 12” ballistic panel for testing) to the OFTP Fort Benning, GA address. (IAW RFP Instructions)

• Confirmation that the Offeror possesses a Web-Based Ordering System capable of uploading multiple workbooks to track Body Armor delivery orders, etc. (IAW RFP Instructions)

• Confirmation that the Offeror has the ability to fulfill delivery orders within 45-60 days after receipt of award to various locations across the United States and its territories.

(IAW RFP Instructions)

-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 ICE Soft Body Armor 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 ICE Soft Body Armor 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 ICE Soft Body Armor 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 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 body armor 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 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/analysis to historical prices paid for similar Level IIIA soft body armor by ICE.

• Comparison/analysis to competitive published Level IIIA soft body armor pricing lists.

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

• All line items are priced in Attachment 2- Pricing Schedule.

• Pricing figures are correctly calculated; and

• 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 52.217-8 (maximum of six months), Options to Extend Services, 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)

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)

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/part-12#FAR_12_301

(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 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 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.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(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-

(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.

https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(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

(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.

(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:

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 https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

(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)

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) https://www.acquisition.gov/far/part-12#FAR_12_301

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2022)

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 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 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 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

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

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

Nothing in the prohibition shall be construed to—

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

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

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

(d) 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…