Attachment 005 - PTU Provisions and Clauses.pdf

Attachment 005 M67854-21-R-1804

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Provisions and Clauses

52.202-1 Definitions NOV 2013 52.203-13

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

OCT 2015

52.204-7

System for Award Management Reporting Executive Compensation and First-Tier

OCT 2018

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

52.209-7

Basic Safeguarding of Covered Contractor Information Systems Information Regarding Responsibility Matters

JUN 2016

OCT 2018

52.209-11

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

FEB 2016

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

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

252.204-7000

Representation Relating to Compensation of Former DoD Officials Disclosure of Information

NOV 2011

OCT 2016

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

Information Controls

OCT 2016

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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015

252.204-7018

252.205-7000

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

MAY 2016

DEC 2019

DEC 1991

252.209-7004

252.215.7007

Subcontracting with Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism Notice of Intent to Resolicit

MAY 2019

JUN 2012

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252.215.7008 Only One Offer JUL 2019

252.225-7001 Buy American and Balance of Payments Program –

Basic

DEC 2017

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

252.227-7030 252.227-7037 252.232-7003

252.232-7010

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

JUN 2013

FEB 2014

FEB 2014

JAN 2011

MAY 2013

MAR 2000

SEP 2016

DEC 2018

DEC 2006

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

Subcontracts for Commercial Items Warranty of Data Sources of Electronic Parts

JUN 2013

MAR 2014

MAY 2018

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

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

(End of clause)

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

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

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

1. Price: Offerors shall submit a price proposal using the Proposal Submission Form (Attachment 004) for all Contract Line Item Numbers (CLINs). Prices are to be F.O.B.

Destination to within the continental United States. Offerors proposed pricing shall be valid for one year from date of submission.

2. Technical: Offerors shall provide a technical proposal identifying the proposed material https://www.acquisition.gov/content/regulations

05-3 solution that satisfies the requirements in the Statement of Work (SOW) and shall include the following per Table 1 below.

Table 1: Technical Proposal Criteria

Criterion Requirement Berry Amendment Self Certification

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

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

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

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

I, (sign name here), in submitting this offer under solicitation number M67854-21-R-1804, affirm that only products compliant with the Berry Amendment (10 USC 2533a) will be delivered to the Government. To the extent required under (10 USC 2533a) and DFARS 252.225-7012, As such, all items delivered, either as end products or components, will be grown, reprocessed, reused, or produced in the United States (as defined in DFARS 252.225-7012(b) included by reference herein). This certification covers all materials (including those of all components) and components supplied by subcontractors at any tier, and all labor (including that of all intervening processes), whether performed by the Offeror or any of its subcontractors at any tier.

Product Demonstration Models (PDMs)

The Offerors shall provide three PTU sets (set includes one PTU shirt and one PTU short) are to be submitted with the proposal. The PDMs shall be in compliance with the specifications of the proposal. The PTUs shall include one set in size medium, one set in size large and one set in size x-large.

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

Additional labels identified in Section 3.6.3 of 11-PD 20013USMC and Section 3.6.5 of 11-PD 20017USMC including the combination size/identification/instruction label are not required for the PDMs.

Furthermore, each PDM shall be assembled and shall meet all requirements including end item visual and finished dimensions. in accordance with Section 3 of 11-PD 20013USMC and Section 3 of 11-PD 20017USMC (Section J, Attachment 01).

Small Business Self Certification

In accordance with 13 CFR 121.1009(g)(5), if the Offeror has received an adverse size determination from SBA it cannot self-certify as a small business under the same or lower size standard unless it is first recertified as small by SBA. As such, the Offeror must indicate whether it has ever received an adverse size determination from SBA and if it has, the Offeror must provide a copy of the SBA recertification.

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

Manufacturing capacity addressing ability to produce a minimum of 2,000 PTUs/month within 60 days of receiving production authorization; and a minimum of 15,000 PTUs/month within 90 days of receiving production authorization. This production capability rate must be maintained until all deliveries are complete.

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

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

Performance Requirements Compliance

Offerors shall provide a list/table/matrix and certificate of compliance of all fabrics and trim materials used in the fabrication of the PDMs and reference to an appendix of the written technical proposal(s) test data. The list/table/matrix does not count against the technical proposal page limit and shall be submitted as an appendix. The list/table/matrix may be incorporated in the final contract and be used

05-5 for quality assurance purposes.

The offeror shall also submit testing data in accordance with section 4 in 11-PD 20013USMC and in section 4 11-PD 20017USMC verifying the PDMs meet the physical requirements.

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

• Single-spaced typed lines;

• One inch margins on all sides;

• 12-point font using Times New Roman

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

• No outside hyperlinks or external materials.

Product Demonstration Models (PDM) The solicitation requires the submission of three PTU sets (set includes 1 PTU shirt and 1 PTU short) to be submitted with the proposal. The PDMs shall be in compliance with the specifications of the proposal. The PDMs shall include one set in size medium, one set in size large, and one set in size x-large.

3. Past Performance: Offerors shall submit no more than three past performance citations within the previous three years that are relevant to the efforts required by this solicitation using the Proposal Submission Form (Attachment 004). Where Offerors submit more than three past performance citations, the Government will only evaluate the three most recent citations.

Finalized Contractor Performance Assessment Reports (CPARs) are acceptable as past performance citations.

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

• Contract number and item description

• Dollar Value and delivery quantity

• Delivery schedule

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

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

Proposal Submission Instructions:

Offerors shall submit one original proposal via the DOD SAFE Site and the three (3) product demonstration models as follows.

Proposals shall not contain classified information.

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Failing to adhere to these instructions may result in the Government removing the proposal from consideration in the source selection process. Offerors may submit only one proposal in response to this solicitation.

1) Upload Original proposal packages to the DOD SAFE site no later than 1:00 PM Eastern Daylight Time on 8 January 2021:

Offerors shall submit their response to solicitation M67854-21-R-1804 via the DOD Secure Access File Exchange (SAFE) site - https://safe.apps.mil/. Offerors shall send an email to the Contract Specialist at Eric.G.Daniels@usmc.mil, with a courtesy copy to the Contracting Officer at Peggy.L.Smith1@usmc.mil for a drop-off request allowing ample time for the Offeror to upload their submission. DOD SAFE drop-off requests are valid for 14 days from date of creation. Late proposal submissions due to last minute drop-off requests will not be accepted.

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

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

2) Submit proposal Product Demonstration Models to the below address no later than 1:00 PM Eastern Daylight Time on 8 January 2021:

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

ATTN: ERIC DANIELS, RFP: M67854-21-R-1804

(End of Provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

The Government reserves the right to incorporate by reference, some, or all of the Offeror’s proposal under this solicitation. Statements in the Offeror’s proposal that exceed the requirements in the Statement of Work and/or the Purchase Description PT Shirt: Physical Training Uniform (11-PD 20013USMC ) and Purchase Description PT Short: Physical Training Uniform (11-PD 20017USMC) will become the new standard for the requirement. No statement within the Offeror’s proposal will grant the awardee relief from the existing requirements.

Evaluation Factors for Award This acquisition uses Best Value Tradeoff Source Selection procedures in accordance with FAR 15.101-1. The Government anticipates awarding a maximum of four, 60-month (consisting of https://safe.apps.mil/

05-7 one five-year ordering period), Indefinite Delivery / Indefinite Quantity, Firm Fixed Price (FFP) contracts for the PTU to an Offeror or Offerors whose proposal (1) complies with the solicitation’s terms and conditions, (2) meets or exceeds the solicitation’s requirements, and (3) is the most advantageous to the Government, based upon the Government’s assessment of the evaluation factors and elements.

Upon the award of the IDIQ contracts, the Government will procure 100 PTU sets (tariff to be determined at time of award) from each awardee via Delivery Order to support a limited user evaluation (LUE). Delivery is required within 60 days of order placement. Upon the conclusion of the LUE the Government will determine the award of subsequent delivery orders to either one or all awardees. Should subsequent delivery orders be required of multiple awardees, Fair Ordering Opportunity submission and evaluation instructions, in accordance with FAR 16.505, will be provided at that time.

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

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

Phase 1 – Go/No Go Criteria The Government will evaluate, but not rate, proposals based on fourteen Go/No Go criteria. An offer failing to meet any one of the fourteen Go/No Go criteria is not eligible for award. The Government will remove from evaluation any proposal failing to meet any one of the following Go/No Go criteria:

PT Shirt:

Criterion 1. Offerors shall provide a PT Shirt constructed in Marine Olive Drab (OD) Green 522 color with antimicrobial and moisture management properties. The PT shirt shall have self-fabric raglan short sleeves and neckband. The PT Shirt side panels shall be a mesh knit in black.

The PT Shirt fabrics and colors shall conform to the Fabric Salient Characteristic Requirements listed in Table 2.

Criterion 2. Offerors shall add silver reflective USMC horizontal text to the front of the PT Shirt that conforms to the requirements of 11-PD 20013USMC.

Criterion 3. Offerors shall add a silver reflective eagle, globe, and anchor (EGA) to the left sleeve of the PT Shirt and a silver reflective EGA with forward facing eagle and anchor to the right sleeve of the PT Shirt that conforms to the requirements of 11-PD 20013USMC.

Criterion 4. Offerors shall add silver reflective USMC vertical text and silver reflective stripes to the back of the PT Shirt that conforms to the requirements of 11-PD 20013USMC.

PT Short:

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Criterion 5. Offerors shall provide a PT Short constructed in OD Green 522 color with antimicrobial and moisture management properties. The PT short fabrics and colors shall conform to the Fabric Salient Characteristic Requirements in listed in Table 2.

Criterion 6. Offerors shall include breathable side panels on the PT Short constructed of polyester mesh knit in black color. The fabrics and colors shall conform to the Fabric Salient Characteristic Requirements listed in Table 2.

Criterion 7. Offerors shall include a silver reflective an eagle, globe, and anchor (EGA) on the lower left leg of the PT Short that conforms to the requirements in 11-PD-20017USMC.

Criterion 8. Offerors shall include silver reflective striping to the PT Short that conforms to the requirements in 11-PD20017USMC.

Criterion 9. Offeror shall include a liner in the PTU Short. The liner material shall be knit in black color with antimicrobial and moisture management properties. The fabrics and colors shall conform to the Fabric Salient Characteristic Requirements listed in Table 2.

Criterion 10. Offeror shall include side pockets on the PT Short and shall conform to the requirements in 11-PD20017USMC.

Criterion 11. Offeror shall include an elastic waistband to the PT Short and shall conform to the requirements in 11-PD20017USMC.

Criterion 12. Offeror shall include a draw cord to the PT Short and shall conform to the requirements in 11-PD20017USMC.

Criterion 13. Offeror shall add slide fastener to the PT Short and shall conform to the requirements in 11-PD20017USMC.

Berry Amendment and Buy America Compliance:

Criterion 14. Offerors must submit a signed self-certification certifying Berry Amendment and Buy American compliance in accordance with Addendum 52.212-1, Paragraph 2 Technical, Table 1. Offerors that provide the signed self-certification will receive a “GO”. Offerors that do not provide the signed self-certification will receive a “NO GO”, and the proposal will receive no further evaluation.

Table 2: Fabric Salient Characteristic Requirements

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Salient Characteristic

PT Shirt basic fabric

PT Shirt Side

Panel

PT Short basic fabric

PT Short Side Panel

PT Short liner

Test Method

Material Content (e.g., % polyester, spandex) polyester or nylon and spandex

Polyester or nylon

Polyester or nylon polyester or nylon polyester or nylon and spandex

AATCC

TM20/20A

Weight (oz.

per sq. yd.)

(max)

5.0 4.3 5.2 4.3 5.0

ASTM

D3776/D37

76M Option C

Color matching

Marine Olive Drab

(OD)

Green

Black

Marine Olive Drab

(OD)

Green 522

Black Black AATCC

EP 9 1/

Stretch (%) (5 lbs.) Wale and Course (min)

100%

60% courses

10% wales

50% courses

20% wales

60% courses 10% wales 100% ASTM

D2594

Recovery (%) (after 1 hour)

Wale and Course (min)

90 90 90 90 90 ASTM

D2594

Dimensional Stability (%)

Wale and Course max (after 5 launderings)

-5.0% -5.0% -5.0% -5.0% -5.0%

AATCC

TM135 (3),

(IV), (A)iii

Wicking (initial and after 5 launderings)

(inches at 15 min.) Wale and Course (min)

5 5 5 5 5

AATCC

TM197,

AATCC

TM135 (3),

(IV), (A)iii

Antimicrobial (after 25 launderings) (min)

90% 90% 90% 90% 90%

AATCC

TM100

AATCC

TM135 (3),

(IV), (A)iii

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Salient Characteristic

PT Shirt basic fabric

PT Shirt Side

Panel

PT Short basic fabric

PT Short Side Panel

PT Short liner

Test Method

Ultraviolet protection factor (UPF) (initial and after 5 launderings)

(min)

30 N/A N/A N/A N/A

AATCC

TM183

AATCC

TM135 (3),

(IV), (A)iii

Pilling (60 minutes) (min)

Initial After 5 launderings

4 4 4 4 4

ASTM

D3512

AATCC

TM135 (3),

(IV), (A)iii

Burst strength (lbs.) (min) 40 100 100 100 70 ASTM

D6797 Snagging

(min) 4 4 4 4 4 ASTM D3939

Colorfastness (min)

Crocking (wet and dry) 4 4 4 4 4 AATCC

TM8

Light (40 h. or 170 kJ) 3.5 3.5 3.5 3.5 3.5

AATCC

TM16.2 or

16.3 Laundering (5 launderings) 4 4 4 4 4 AATCC

TM61, 2A

Perspiration

(acid & alkaline)

4 4 4 4 4 AATCC

TM15

Drying time (minutes)

(max)

60 60 60 60 AATCC

TM199

pH 5.5 to 8.5 5.5 to 8.5 5.5 to 8.5 5.5 to 8.5 5.5 to 8.5 AATCC

TM81

1/ The color and appearance of the cloth shall match the standard sample when viewed. under filtered lamps simulating artificial daylight D75 illuminant with a color temperature of 7500 (±200) K illumination of 100 (±20) foot candles, and shall be a good match to the standard sample under incandescent lamplight at 2856 (±200) K, in accordance with AATCC EP9, Option A. Marine Olive Drab (OD) Green 522 shade standard shall be chip ID 24119 in AMS-STD-595 Colors Used in Government Procurement or the Cloth 100% polyester, Trunks, All Purpose USMC, OD Green 522 shade standard (roll 3794). Black shade standard shall be chip ID 37038 in AMS- STD-595 Colors Used in Government Procurement.

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Phase 2 – Tradeoff Evaluation The Government will evaluate, proposals receiving a “GO” in all criteria for strengths, weaknesses, significant weaknesses, and deficiencies for compliance with the performance parameters.

When making the best value determination, the Government will evaluate offers using the following factors and elements:

Table 3: Evaluation Factors

Factor 1 Technical Performance

- Element 1 End Item Visual Evaluation

- Element 2 Dimensional and Fit Evaluation

- Element 3 Performance Requirements Compliance

- Element 4 Manufacturing Factor 2 Past Performance Factor 3 Price

The Government will evaluate requirements without a monetized or defined value based on the relative importance to other factors. Evaluation factors other than cost or price, when combined, are approximately equal to price. The importance of price as a factor in the final award determination will increase with the degree of equality in the non-price factors of the proposal.

The Government will evaluate Past Performance and Small Business Participation as either “acceptable” or “unacceptable.”

The Government intends to evaluate proposals and award no more than four contracts to the Responsible Offerors with the best value and the ability to provide all CLINs on an "initial offer" without discussions. If discussions are necessary, the Government will establish a competitive range and notify all Offerors of their inclusion or exclusion. The Government will hold discussions with Offerors in the competitive range and also notify Offerors eliminated from the competitive range in writing in accordance with FAR 15.503.

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

Element 1: End Item Visual Evaluation Element 2: Dimensional and Fit Evaluation Element 3: Performance Requirements Compliance Element 4: Manufacturing

Element 1: End Item Visual Evaluation The Government will evaluate the product demonstration models submitted in accordance with Table VII End Item Examination in 11-PD 20013USMC and Table VIII Defects in 11-PD

20017USMC

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Element 2: Dimensional and Fit Evaluation The Government will verify and evaluate product demonstration models submitted in accordance with section 3.10 in 11-PD 20013USMC and section 3.10 in 11-PD 20017USMC. The three product demonstration models will be evaluated against finished dimension requirements as specified in section 3.10 in 11-PD 20013USMC and in section 3.10 11-PD 20017USMC. The product demonstration models may be disassembled for the evaluation as required.

Element 3: Performance Requirements Compliance The Government will evaluate the required test data submitted in accordance with section 4 in 11-PD 20013USMC and in section 4 11-PD 20017USMC to verify the submitted product demonstration models meet the physical requirements. The Government will evaluate certificate of compliances submitted for all fabrics and trim materials used in the fabrication. Preference will be given to fabrics that meet all or as many of the fabric salient characteristics requirements listed in Table 1 of the PTU shirt 11-PD 20013USMC and PTU short 11-PD20017USMC purchase descriptions. Preference will also be given to fabrics that significantly exceed requirements (e.g., higher burst strength).

Element 4: Manufacturing The Government will use the information Offerors submit in response to 52.212-1, Paragraph 2 Technical, to evaluate the Offeror’s capability to manufacture quality, Berry Amendment compliant products at a rate of at least 2,000 PTU’s per month within 60 days of receiving production authorization, and 15,000 PTUs per month within 90 days of receiving production authorization. This rate must be must be maintained until delivery is complete. The Government may visit the Offeror’s manufacturing facility to validate Offeror-provided information.

Factor 1 Combined Technical/Risk Rating

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

Table 4: Combined Technical/Risk Rating Method

Color Rating

Adjectival Rating

Description

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

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

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

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

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

DEFINITIONS

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

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

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

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

Factor 2: Past Performance

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

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

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

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

Table 5: Past Performance Ratings

ADJECTIVAL RATING DESCRIPTION

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

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

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

Factor 3: Price

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

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

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

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

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

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(a) Definitions. As used in this provision-

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representations. The Offeror represents that—

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

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

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

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

(a) Definitions. As used in this clause—

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

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

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Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

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

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

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

((b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

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

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

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

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

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

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

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020)

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(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (MAR 2020)

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

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

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

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

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

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

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

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“Highest-level owner” means the entity that owns or controls an immediate owner of the Offeror, or that owns or controls one or more entities that control an immediate owner of the Offeror. No entity owns or exercises control of the highest-level owner.

“Immediate owner” means an entity, other than the Offeror, that has direct control of the Offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities, and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

(6) PSC 9430, Miscellaneous Crude Animal…