Attachment 1 - Solicitation _040824.pdf

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Attached to
IT Network Outfitting Federal contract opportunity
Solicitation number
HE125423R3004
Issued by
Department of Defense Education Activity

About this file

This document is a solicitation for an Indefinite Delivery Indefinite Quantity (IDIQ) contract for IT Network Outfitting services for the Department of Defense Education Activity (DoDEA). The contract has a maximum ceiling value of $50,000,000 over a 5-year ordering period and will provide hardware, installation, and shipping services to outfit DoDEA facilities in the Americas, Europe, and the Pacific regions. The contract will be awarded to up to 4 firms using a Lowest Price Technically Acceptable source selection process. Proposals are due by May 2, 2024 and the contract will have a minimum guarantee of $2,000 per awardee. The contract requires offerors to provide a comprehensive technical approach including mitigation plans for hardware, shipping, and installation risks. Past performance on similar efforts between $500K-$1M is required. Pricing will be evaluated for reasonableness and balance based on a Bill of Materials provided by the government. This is a total small business set-aside procurement.

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Other files for this federal contract opportunity

Other files attached to IT Network Outfitting, newest first.
File Type Posted
HE125423R3004 Amendment 01.pdf PDF
Attachment 4 - Past_Performance_040824.docx DOCX document
Attachment 2 - Bill of Materials_040824.xlsx XLSX spreadsheet
Attachment 5 - Network_equipment_installation_data_sheet_040824.xlsx XLSX spreadsheet
Attachment 6 - DoDEA_Contractor_Install_Checklist_040824.xlsx XLSX spreadsheet
Attachment 3 - ToS_Addendum_040824.pdf PDF
Attachment 7 - DoDEA Design_Systems Design_Enterprise_Network_Requirements_040824.pdf PDF

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SEE ADDENDUM

(No Collect Calls)

HE125423R3004 16-Apr-2024

b. TELEPHONE NUMBER

470-460-2146

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 02 May 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HE12549. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RON L. MOTON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DOD EDUCATION ACTIVITY

4800 MARK CENTER DR

ALEXANDRIA VA 22350-1400

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 571-372-1363 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HE125423R3004

Section SF 1449 - CONTINUATION SHEET

CONTRACTING INFORMATION

Indefinite Delivery Indefinite Quantity (IDIQ) Contract

This IDIQ contract has a maximum ceiling value of not to exceed $50,000,000.00.

General Description Contractors shall perform work as set forth in general terms and conditions in the contract and/or task order Performance Work Statement (PWS). Detailed installation and shipping instructions shall be outlined in individual Task Orders (TO’s) issued against the IDIQ contract.

Firm-Fixed-Price Task orders Task orders will be issued as firm-fixed-price. Firm-Fixed-Price (FFP) is defined under FAR 16.202-1. Partial payment of firm-fixed-price task orders may be negotiated based on the completion of work (or percentage of work completed), at the discretion of, and if approved by, the Task Order (TO) Contracting Officer (KO).

Contract Type DoDEA anticipates award of an Indefinite Delivery Indefinite Quantity Contract. All task orders issued against this contract will be firm-fixed-price (FFP). Contracting Pricing CLIN Structure will consist of three CLINs:

Parts/Materials, Shipping, and Installation.

Contract Pricing The contract will contain a bill of material (BOM) that contains all parts for all five-years. Parts listed in the BOM are the parts that will be referenced in the individual task orders.

Task Order Pricing All task order pricing reflects the same structure as the contract, and consist of three CLINs (Parts/Materials, Shipping, and Installation). Parts pricing at the CLIN level for the task order level will be a total price. The contractor will break out each part in their quote listing each part by name, quantity, unit price and total price. This is so each part is distinguished individually, and all total amount of all parts equal the total amount under the task order CLIN for parts. This is done for purposes of tracking/receiving parts where partial shipments are delivered.

The parts listing with the associated quantities, unit and total pricing quoted by the contractor will be incorporated into each task order by referencing the quote number containing this information or as an attachment listing the parts breakout of their installation costs on their quote. The installation CLIN at the task order level will be a total price, but the contractor must provide a breakout of how the installation price was achieve. The shipping CLIN will consist of a total price on task orders.

For purposes of pricing parts in the bill of materials, the five-year ordering period is broken out into five, 12-month periods. The inclusion of multiple 12-month periods provides the opportunity to appropriately adjust the BOM pricing over the life of the IDIQ. No further adjustments to the BOM pricing will be accepted after contract award.

Changes to the Bill of Materials (BOM) After award, the contractor will not be permitted to change pricing submitted in their BOM. All pricing is firm based on the quotation submitted; however, at any time throughout the life of the contract, at either the Government or Contractor’s request, the Contractor may propose parts or additional labor categories be added should the governments mission change or a part be discontinued. Both parties must agree to any changes to the BOM, additional labor categories or items shall not be available for ordering until (1) approved by the COR, Pricing submitted has been determined fair and reasonable, and (2) the Contracting Officer issues a modification incorporating them into the IDIQ.

Task Order Source Selection

At the contracting officers' discretion, task order request for quotes may be evaluated using either lowest price technically acceptable or a trade-off method.

Contract Ordering Period The IDIQ contract for Information Technology Network Outfitting (ITNO) has a five-year ordering period. The ordering period begins the effective date of the contract (listed in Block #3 of the SF 1449). The contracting officer may issue a task order from the first day of the ordering period through the last day of the ordering period. This is a multi-year contract as defined in FAR Part 17.1, Multi-year Contracting. There are no options at the IDIQ level, this is a continuous five-year ordering period.

Task Order (TO) Performance Period Task orders may be issued at any time during the contracts five-year ordering period. No period of performance shall exceed 12 months unless the task order contains option periods. Options, if incorporated are at the task order level. Task orders cannot be issued if the contract has been terminated.

Fair Opportunity In accordance with (IAW) FAR 16.505, offerors will be provided a fair opportunity on requirements under this IDIQ at the task order level. All contractor holders have a responsibility to participate in all requests for proposal/request for quote opportunities under this IDIQ contract.

CPARS Reporting CPARS is reported at the contract level annually; however, the government may report on the contractor’s performance at any time if the contractor fails to meet performance standards or fails to adhere to the task order terms and conditions. Each task order will be evaluated for conformance to the task order terms and conditions, failure to adhere to the terms and conditions may result in an adverse CPARs being generated within 30 days of the task order completion.

Task Order Contracting Officer’s Representative (COR) The task order COR is a government employee designated in writing by the contracting officer to serve as a technical advisor to the contracting officer. The task order COR ensures the contractor provides supplies and services in accordance with the task order terms and conditions. The task order COR performs functions such receiving deliverables submitted by the contractor and inspecting and accepting supplies and services on behalf of the government. Task order CORs also processes contractor invoices in Wide Area Workflow after ensuring all supplies and services conform with the task order terms and conditions. A task order COR does not have authority to contractually change the contract terms and conditions or to obligate the Government. In the event the contractor fails to conform to the stated contract terms and conditions, the COR may issue a contract discrepancy report (CDR). Based on the scope of the non-conformance of the work and impact on performance or the schedule, the COR has the option to issue an adverse Contract Performance Assessment Reporting (CPAR) for any task order that fails to conform. The COR may change over the life of the contract, in the event of a change in the COR, another COR will be appointed in writing by the Contracting Officer and a copy of their appointment letter will be forwarded to the contract holders.

Task order Contracting Officer Representative: TBD E-Mail: TBD

Contract/Task Order Administration/Management The responsibility of all contractor holders includes total contract and task order management during the performance of the contract. Contract management/administration is at both the contract level and/or task order level and may require coordination with the Contracting Officer Representative (COR). The Contracting Officer Representative will perform all task order technical oversight on behalf of the government. The Contract Specialist will perform contract administration at the contract level and task order level as required in accordance with the contract terms and conditions.

Contracting Officer (KO) The Contracting Officer (KO) is responsible for ensuring performance of all necessary actions for effective contracting, to include ensuring compliance with the contract terms, and safeguarding the interests of the United States in the contractual relationship. The KO is responsible for ensuring that the Contractor receives impartial, fair, and equitable treatment under the contract and/or task orders. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance, to include, but not limited to (1) providing scope oversight; (2) ensuring compliance with contract requirements; (3) issuing a contracting officer’s final decision, disputes can be adjudicated by the contracting officer or task order ombudsman; and (4) issuing contract and/or task order modifications. Any communications pertaining to contractual administrative matters for this IDIQ shall be addressed to the KO listed below.

Procurement Contracting Officer: Dr. Ron Moton E-mail: ron.moton@dodea.edu

Task Order Ombudsman: Reference FAR Clause 52.216-32

Contract Specialist The Contract Specialist serves as the focal point of contact between the contractor and the contracting officer for this contract. The contract specialist does not have the authority to make any changes to the contract and/or task order, commit the government contractually, and is not authorized to change contract terms and conditions. The contract Specialist is subject to change over the life of the contract.

Contract Specialist: Ms. Valeria Murray E-Mail: valeria.murray@dodea.edu

Ordering/Task Orders (TO) The contracting officer that issues task orders against the IDIQ does so in accordance with FAR Part 52.216-18 Ordering Limitations, and FAR 52.216-19 Order Limitations, within the contract ordering period. The task order contracting officer (TO KO) will be responsible for the issuance, administration, reporting, payments, and closeout of the TO’s. All TOs are subject to the terms and conditions of this contract. The contract terms and conditions shall take precedent over the task order in the event a task order conflicts with the contract.

Any DoDEA warranted contracting officer may issue task orders against this IDIQ within their stated contracting officer warrant authority. A task order can be issued any time up to the last day of the contract ordering period.

Ordering Contracting Officer(s):

Dr. Ron Moton / E-mail: ron.moton@dodea.edu

Ordering/Task Order Responsibilities Each TO KO has the primary responsibility for the administration of TOs placed with the contractor(s) to include, but not limited to (1) issuing and administering the task orders to include all TO modifications; (2) ensuring task order requirements are within the scope of the contract; (3) performing contract/task order administration, and contract/task order closeout; (4) working with the COR ensuring timely inspection, acceptance, or rejection of supplies and/or services in whole or in-part provided by the contractor; and (5) ensuring payments are processed timely or withholding payments when necessary.

FAR 52.217-8 Option to Extend Services / Evaluation of Options for task orders that include options Evaluation of Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price of the base period. The offeror shall submit pricing for the base period and all options periods. 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).

System for Award Management (SAM) The contractor shall remain registered in the SAM database prior to award, during contract and task order performance, and through final payment of all task orders through contract and task order closeout.

Minimum Guarantee mailto:ron.moton@dodea.edu

The total minimum guarantee at the IDIQ level is $2,000.00 per awardee. The minimum guarantee will be considered satisfied when an awardee receives task order work valued at, or in excess of, $2,000.00. IDIQ awardees that have not received task order work valued at, or in excess of, $2,000.00 must request its minimum guarantee in writing from the Procurement Contracting Officer not later than 60 calendar days after either the expiration of their contract, or termination for the Government’s convenience. Termination for default will result in forfeiture of the minimum guarantee.

At the Government’s discretion, the minimum guarantee will be provided to all awardees. The minimum guarantee is not subject to Fair Opportunity. In accordance with FAR 16.505(b)(1)(2)(D), it is not necessary to compete this requirement in order to satisfy the minimum guarantee.

Task Order (TO) Procedures After issuance of the minimum guarantee, future requirements/services shall be obtained as required based on the governments need. The contractor shall perform all task order requirements as specified within Continental United States (CONUS) or at Outside the Continental United States (OCONUS).

Task Order options Task orders may include option periods, which if exercised, may extend the TO period of performance beyond the base contract ordering period in accordance with FAR 52.217-8 and FAR 52.217-9. If FAR 52.217-8 is included in a task order, that six month option period shall be evaluated prior to task order award. Task order options, if included, may be exercised after the expiration of the IDIQ contract for a period up to three (3) years after the IDIQ ordering period has expired.

Delivery IDIQ deliverables are identified in the contract or in the individual task orders. The items required under each individual task order shall be delivered and received at destination within the time specified the contract or task order.

Multiple Award Contract (MAC) General Information

1. Offerors are expected to participate by submitting quotes in response to all RFQs over the life of the contract.

2. RFQs may be evaluated as Lowest Price Technically Acceptable (LPTA) or as a trade-off.

3. When submitting quotes in response to RFQs for each task order, offerors can only propose the items listed in the Bill of Materials (Attachment 2). These items have been approved by the Government. If an item has been discontinued and a replacement item has been proposed, the contractor shall send the product specification(s) to the COR for evaluation/approval prior to the RFQ closing date and time. Failure to receive approval for an item prior to the task order request closing date may result in your entire quote being rejected.

4. The Government may, at it’s discretion, incorporate additional parts into the BOM based on Executive Order, by direction of the DoD or DoDEA Chief Information Officer, changes in technology, or changes in the mission. The Contracting Officer shall determine that any proposed parts to be incorporated into the BOM are fair and reasonable

IAW FAR 15.404-1.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 Parts Parts/Materials

FFP

Parts/Materials will be selected from Attachment 1 (Bill of Materials List).

Ordering Period: 28 May 2024 - 27 May 2029 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 Job Network Outfitting Services-Installation

FFP

Installation under this CLIN can be at installations in the United States, Europe or the Pacific. This CLIN will be funded at the task order level. The installation, exact locations and period of performance will be further defined at the task order level.Ordering Period: Ordering Period: 28 May 2024 - 27 May 2029

UNIT UNIT PRICE MAX AMOUNT

0003 Lot Shipping

FFP

Shipping under this CLIN includes shipping to the United States, Europe or the Pacific. This CLIN will be funded at the task order level. Shipping locations will be defined at the task order level. Ordering Period: 28 May 2024 - 27 May

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00 $50,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$10,000.00 $7,500,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-MAY-2024 TO

27-MAY-2029

N/A DODEA AMERICAS REGIONAL OFFICE

ATTN: SUPERINTENDENT/CHIEF OF

STAFF

700 WEST PARK DRIVE

PEACHTREE CITY GA 30269-1498

678-364-8055

HEVAS6

0002 POP 28-MAY-2024 TO

27-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

HEVAS6

0003 POP 28-MAY-2024 TO

27-MAY-2029

N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 Alt I System for Award Management-- Alternate I OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

DEC 2022

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-9 Alt I Desired And Required Time Of Delivery (Jun 1997) - Alternate I

APR 1984

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

SEP 2023

52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (NOV

2021) - Alternate I

OCT 1997

52.216-27 Single or Multiple Awards OCT 1995 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns SEP 2023 52.219-14 Limitations On Subcontracting OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-41 Service Contract Labor Standards AUG 2018 52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.222-50 Alt I Combating Trafficking in Persons (NOV 2021) Alternate I MAR 2015 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders DEC 2022 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.229-7001 Tax Relief APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.239-7010 Cloud Computing Services JAN 2023 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7005 Notice of Warranty Tracking of Serialized Items MAR 2016 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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 Products and Commercial Services. 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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

(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) Representations.

(1) 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.

https://www.sam.gov/

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

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

(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) Representations.

(1) 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.

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR 2023)

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

The word “offeror” is synonymously used with the words “offeror” and “vendor” in this RFP.

However, all submissions in response to this RFP will be considered proposals in accordance with the definition listed in Federal Acquisition Regulation (FAR) 15.203.

Addendum to 52.212-1 Paragraph (b) Submission of Offers. In addition to those requirements as stated in this paragraph, the following are added and shall apply to the submission requirements in response to this solicitation.

General Instructions Offerors shall examine and follow all instructions. Instructions are set forth herein for vendors to prepare and submit a proposal to the Government in response to this solicitation. Offerors are strongly advised to carefully read and fully understand these instructions to ensure submission of a fully compliant and sufficiently prepared proposal.

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

Failure to submit the required information requested or comply with any instructions may result in the offerors entire proposal being rejected. Offerors are cautioned that proposals containing less than the minimum information required by these instructions may be rejected by the Government and eliminated from further consideration for award. This requirement is “all or none.” Requirements shall not be split in a manner whereby offerors only provide proposals on certain regions. Offerors are required to provide proposals on all regions (Americas, Europe, and the Pacific). Proposals that fail to do so will be rejected.

The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements.

Including statements such as “will comply,” “noted and understood,” and “in accordance with best industry practices/standards,” etc. without providing a supporting narrative are insufficient.

Proposals shall not include assumptions.

If a competitive range is established, the competitive range can be limited for purposes of efficiency (see 52.215-1(f)(4)), the contracting officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

The government will reject proposals that fail to adhere to the solicitation instructions or that does not include all three regions (U.S., Europe, and Pacific) proposed. This requirement is to provide hardware, installation, and shipping in accordance with the PWS for all three regions.

a. Page Size and Format Offerors shall ensure that the contents of the files print on standard 8 ½" by 11" paper. Offerors shall use Times New Roman 12-point font or larger text, Arial 10- point font or larger for the tables and text in headers/footers, and Arial 8-point font or larger for graphics. When both sides of a sheet display printed material, it shall be counted as two pages. The technical and past performance volumes of the quotation are to be submitted as a Microsoft (MS) Word or PDF document. The price volume shall be submitted via MS Excel.

b. Page Limitations Offerors shall not exceed the specified word and/or page limitations. Content in excess of the word count and pages in excess of the page count will not be read or considered in the evaluation of the proposal. The following page limits have been established for all proposals in response to the solicitation. The table of contents, definitions page, and letters (k, l, m) in Volume 1 will not be included as part of the page count.

Volume 1: Page limitation - 5 pages Volume 2: Page limitation - 25 pages Volume 3: Page limitation – 3 Past Performance Questionnaires (PPQ) Volume 4: Page limitation – 5 Pages (if alternatives are proposed) + Excel Document (Bill of Materials/BOM)

Note: Attachments 5-7 are informational only and only apply to task orders.

https://www.acquisition.gov/far/part-52#FAR_52_215_1

PROPOSAL CONTENT AND FORMAT INSTRUCTIONS – Offerors shall submit proposal packages consisting of Volumes 1-4 consisting of the following information:

Volume 1 – Administrative Cover Letter: The signed cover letter shall include the following information:

a. Name of Offeror

b. Tax Identification number (TIN).

c. Unique Entity ID Number.

d. Complete Business Mailing Address.

e. Cage Code/NAICS Code.

f. Point of Contact Name, Phone Number, and Email Address

g. Date of Proposal

h. Proposal/Solicitation Number.

i. A statement certifies the extent of agreement with all terms, conditions, and provisions included in the solicitation.

j. A statement of proposal validity of a minimum of 120 days from the closing date of the solicitation.

k. Complete and submit FAR 52.204-24, FAR 52.204-26, and FAR 52.219-1 Alt 1

l. Signed amendments, as applicable

m. Offerors are required to complete and submit the attached Terms of Service Addendum (Attachment 3)

If amendments to the solicitation are issued, all offerors must acknowledge the amendments by signing the amendment/Standard Form 30 (SF30) and return the signed amendment(s) with their proposal submission.

Volume 2 - Factor 1 – Technical Capability (PWS Paragraph 4.1)

For Factor 1 and all subfactors, the offerors mitigation plan shall include how their plan will ensure solicitation compliance. The offerors plan should include how they will perform the required operations and responsibilities in meeting all performance requirements during contract execution.

Offerors shall submit the following for Factor 1 and all subfactors:

• The offeror will submit a comprehensive plan on how they intend to meet the government objectives listed in the PWS, and how they intend to meet the certification requirements.

Subfactor 1 - Hardware Risk Mitigation Plan (PWS Paragraph 4.1)

• A mitigation plan that describes how the offerors will mitigate supply chain disruptions on individual task orders

• A mitigation plan that describes how the offeror will handle damage to hardware enroute to the final destination

Subfactor 2 - Shipping Risk Mitigation Plan (PWS Paragraph 4.2)

• A plan to describe how the offeror intends to ship parts/materials to their final destination and what, if any, alternative shipping methods may be used if the primary shipping methods are disrupted?

• A plan that describes the offeror’s approach to shipping challenges that may impact the delivery schedule.

• A plan that describes the offeror’s approach for expediting delivery of replacement products of defective products discovered at destination.

Subfactor 3 –Installation Risk Mitigation Plan (PWS Paragraph 4.3)

• A plan that describes the offeror’s approach to ensuring that installation technicians have the appropriate credentials to perform the installation and can meet all installation access requirements.

• A plan that describes the offeror’s backup options to ensure there are no delays to the installation schedule. For example, offerors could propose alternate technicians that can be deployed to the location with the requisite experience and can meet all installation entry requirements).

• A plan that demonstrates an offerors general understanding of installation entry procedures for all three regions and understand the Status of Forces Agreement(s) for Europe and the Pacific regions to avoid any adverse impact on the installation schedule.

NOTE: The government will incorporate the offerors responses to their risk mitigation plan(s) into the contract of the awardees, which is applicable to future task orders.

Volume 3, Factor 2 – Past Performance

The offeror shall provide demonstrated past performance that clearly shows the contractor has recent and relevant experience, performing the same or similar work outlined in the performance work statement to include work performed in Europe and in the Pacific. In addition, relevancy should address contracts of a similar PWS scope of between $500K to $1M that contain delivery of similar supplies and installation services. The past performance should also show that the offeror can manage simultaneous contracts in different regions (Europe and Pacific). The value/ceiling is $50,000,000 over the five-year ordering period. The Past Performance Questionnaire (PPQ) is identified in (Attachment 4). Offerors shall make their best effort to send out at least three PPQs on each cited contract/work effort. Offerors shall e-mail completed questionnaires with their proposal in accordance with proposal submission instructions. PPQs not received from the offeror with their proposal will not be accepted. PPQs must be received prior to the closing date/time of the solicitation. Late submissions will not be accepted by the government. The e-mail subject line should contain the solicitation number and PPQ. The offeror is responsible for ensuring that all sections of the PPQ are completed and all references are provided with their proposal package. The government will make no inferences on incomplete PPQs.

The entire PPQ must be completed to include the information listed below.

1. Company or Organization name receiving the goods and services

2. Point of Contact with knowledge of the good and services received and the vendor’s performance.

a. First and last name

b. Company name and Job title

c. Phone number(s)

d. E-mail address

3. Description of the deliverable(s) and/or service provided, included the location(s) of the service and its relevancy to the requirement of this solicitation effort (if not obvious)

4. Contract/task order number if any

5. Delivery date(s), ordering period, or period of performance services were provided

6. Total contract and/or delivery order value of the services provided.

The offeror shall submit no more than three past performance evaluations with your solicitation prior to the solicitation closing date. Past performance submitted must be recent and relevant. Recent past performance is defined as past performance that is within the last three years from the solicitation closing date. Past performance relevancy is described at Addendum to 52.212-2, Paragraph a, relevancy, and scope definitions.

The contracting officer may also use the following sources when considering Past Performance Information for evaluation:

• Past performance information provided by the offeror, as solicited;

• Past performance information obtained from questionnaires tailored to the circumstances of the acquisition; and

• Past performance information obtained from any other sources available to the

Government, to include, but not limited to Contractor Performance Assessment Reporting System (CPARs), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.

• Previous knowledge of an offerors previous work history by the Contracting Officer and/or Contract Specialist.

Volume 4, Factor 3 - Price

The offeror shall submit their proposed pricing by inserting their best pricing in Attachment 2, Bill of Materials, in the attached Excel spreadsheet (all tabs). For the purposes of pricing, the contractor shall insert pricing of parts and labor rates for each ordering period in the Excel document. Alternative parts may be provided in cases where a product has been discontinued; if alternative part(s) are being proposed, the offeror must submit with their proposal the technical specifications for any proposed alternative(s) to be evaluated for acceptability. If a proposed alternative part is submitted without technical specifications, the entire proposal may be rejected. Failure to complete all pricing in the BOM may result in your entire proposal being rejected.

• The prices and rates proposed at the IDIQ level shall be the maximum allowable prices and rates used throughout the life of the contract.

• The firm-fixed price of task orders will be determined the cumulative extended total as determined by multiplying the quantity of each item or labor category ordered by the ceiling rate proposed in Attachment 2, or as negotiated,…

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