Attachment 2 - Provisions and Clauses_22-R-0007.pdf

W912LP22R0007

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

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 SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

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252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

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

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(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--

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(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)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

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

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

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

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

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(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

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

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

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

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

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

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

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(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

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

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

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

***Addendum to FAR 52.212-1***

1.0 PROPOSAL SUBMISSION INSTRUCTIONS

1.1 Submission Due Date. The offeror must ensure its proposal, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 15 September 2022 at 11:00 AM (local time).

1.2 Late Proposals. The lateness rules for submitted proposals are outlined in FAR 52.212-1 "Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

1.3 Submission. The proposal submitted in response to this solicitation shall be formatted as stated below and delivered to USPFO Purchasing & Contracting, ATTN: Kelsey Letcher, 7105 NW 70th Ave, Johnston, IA 50131 via a trackable shipping method. An electronic copy of must also be submitted electronically to the Contracting Officer (KO), Vicky Williams, vicky.l.williams10.civ@army.mil and

Attachment 2Attachment 2 7 of 48 the Contract Specialist (CS), Kelsey Letcher, kelsey.l.letcher.civ@army.mil. The proposal shall only be submitted as described.

1.4 Proposal Compliance. The Government must have received from the offeror a fully compliant proposal. The proposal is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

1.5 Proposal Acceptance. The contractor shall make a clear statement in the proposal as to the expiration date of the proposal and the stated expiration date shall be valid for all proposed subcontractors as well.

1.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a proposal acceptance period in the Proposal Summary of not less than 60 days from the date of the solicitation closing. This date may be extended by mutual agreement.

1.6 Proposal Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals.

1.7 Single Proposal Submission. FAR 52.212-1 is hereby tailored to remove subparagraph (e), which does not apply to this solicitation.

1.7.1 Offerors are limited to submitting one proposal with one approach to meeting all the requirements of this solicitation.

1.7.2 Proposals that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.

1.8 Optional Proprietary and Restrictive Markings

1.8.1 Mark the title page with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [offeror shall insert numbers or other identification of sheets]” and

1.8.2 Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

2.0 PROPOSAL FORMAT

2.1 This section provides guidance to the offeror for preparing a proposal in response to the solicitation.

The offeror’s proposal shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

2.2 The proposal submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

2.2.1 Hard copy proposals are required, in one (1) original and two (2) copies, in three (3) volumes. Hard copy proposals shall be in 3-ring binders or permanently bound. All pages shall be numbered.

2.2.2 In addition to the hard copy proposals, the offeror shall submit one (1) electronic copy of the proposal via email. The acceptable electronic formats for proposals shall be compatible with MS Office 365 or PDF. The price proposal must be submitted on the form provided with this solicitation.

2.2.3 Minimum type size shall be 12-point standard font (Times New Roman or Arial preferred) with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted There are no page limitations.

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2.2.4 All proposal volumes shall be labeled with the solicitation number (W912LP-22-R- 0007), as well as the name, address, and telephone number of the Offeror.

2.2.5 Electronic files shall not be password protected.

2.3 Offerors shall scan all files for computer viruses prior to submission to the Government.

2.4 Proposals may not include classified information. All proposals shall be at the UNCLASSIFIED level.

Every submission must be properly identified and marked with the proper security classification.

2.5 Proposals will not be returned to the offeror. If offeror desires return of empty binders, they shall provide a prepaid shipping label with their proposal.

3.0 PROPOSAL CONTENT AND ORGANIZATION

3.1 The offeror shall prepare the proposal as set forth in Table 1, Proposal Organization Table and Table 2, Proposal file Name Matrix. The completion and submission to the Government of documents identified in Table 1, Proposal Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

3.2 The proposal shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the hard copy and electronic proposal. Any linked information that is not contained in the proposal will not be accepted.

3.3 Each volume shall be written or presented on a standalone basis. Information required for proposal evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the proposal and will not be considered.

3.4 Pages that exceed the required page limitations set forth in Table 1, Proposal Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 PROPOSAL ORGANIZATION TABLE

VOLUME SECTION TITLE COPIES PAGE LIMIT

Cover Letter – Not Evaluated Proposal Summary – Not Evaluated Organizational Conflict of Interest (OCI) – Not Evaluated

3 – hard copy 1 - electronic Unlimited

2 Factor 1: Technical Capability 3 – hard copy 1 - electronic Unlimited

3 Factor 2: Past Performance 3 – hard copy 1 - electronic

Up to 2 pages per reference;

not to exceed 10 pages

(Past performance, PWS, and SOWs do not count towards the page limit)

4 Factor 3: Price Proposal 3 – hard copy 1 - electronic

Use Price Proposal form provided as Attachment 4 to this solicitation

3.5 All hard copy and electronic files must be submitted using the Volume and file names in Table 2, Proposal File Name matrix, below.

TABLE 2 PROPOSAL FILE NAME MATRIX

Volume Volume Name File Name Contents

1 Proposal Summary (Offeror Name) – Proposal Summary

Offeror’s Proposal Summary

2 Technical Capability

(Offeror Name) – Technical Capability

Offeror’s Technical Capability

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3 Past Performance (Offeror Name) – Past Performance

Offeror’s Past Performance

4 Price Proposal (Offeror Name) – Price Narrative Offeror’s Price Narrative (Offeror Name) – Price Proposal Price Proposal form, Attachment 4 to this solicitation

4.0 PROPOSAL DOCUMENTS

4.1 Proposals shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rational to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s proposal in response to this solicitation, except as stated in the past performance evaluation section.

4.2 Proposals shall be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation.

4.3 PROPOSAL SUMMARY, Volume 1, shall include:

Solicitation No. W912LP-22-R-0007 Date submitted Offeror’s name Offeror’s address, CAGE code, and UEI (from SAM.gov profile) Offeror contact information for proposal POC(s) All proposed subcontractor(s) (as applicable) Address, CAGE code, and UEI for each proposed subcontractor Proposal Acceptance Period (must not be less than 60 days after date proposals are due) OCI Plan or negative affirmation

4.4 Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award

4.5 Where certifications and approved systems are required for an offeror, if the proposal is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the proposal.

4.6 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's proposal IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all of the members comprising the JV.

4.7 Statement of Acknowledgement. A statement specifying the extent of agreement with all terms, conditions, and provisions of the RFP, and a statement of agreement to furnish and deliver the supplies or perform services set forth in the RFP in consideration for offeror’s proposed price(s) set opposite each supply or service. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the proposal from further consideration in the source selection process.

4.8 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the proposal. Also, the offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation.

Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the proposal from further consideration in the source selection process.

5.0 TECHNICAL CAPABILITY, Volume 2, shall include:

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5.1 The Technical Capability section of the proposal shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures.

This section shall not include any pricing data. The offeror’s proposal information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

5.2 Sub-factor 1: Course Development. Offerors shall describe, in detail, how they will develop a course that meets the requirements of the PWS, to include a course overview, performance objectives and training approach. Indicate the number of instructors provided for each iteration, method(s) of instruction (lecture, practical exercise, etc.) to be utilized in conducting the course.

5.3 Sub-factor 2: Course Content. Offerors shall provide a list of course topics and a brief description of what each topic will cover.

5.3.1 Offerors shall provide a course agenda, broken down by class day and hour.

5.3.2 Offerors shall provide copies of all slide sets, with slides numbered in the order of presentation. Slide presentation shall correspond with the course agenda. Videos, if used, shall be viewable using Windows Media Player ™.

5.3.3 Offerors shall provide a copy of the student manual; all pages of the student manual shall be numbered. Offeror shall list any commercially published references that will be provided as part of student take-home materials, including ISBN #, Title, Publisher. Offer is not required to provide hard copies of commercially published references with the proposal. For each reference, indicate if it will be provided to students in hard copy or electronic format.

5.3.4 Practical Exercises. Offerors shall describe practical exercises. For each practical exercise identify the course topic(s)/learning objective(s) it corresponds to, and a thorough explanation of how the practical exercise will be conducted, to include role players, equipment and materials to be used.

5.3.5 Pre-test and post-test. Offerors shall provide a copy of all written tests or segments thereof. If all or part of the test is practical exercise, provide an explanation of how the test will be conducted. If graded, indicate the minimum passing score.

5.3.6 Contractor-provided materials/equipment. Offeror shall provide list of materials and equipment they will provide to facilitate the course – do NOT merely indicate that “materials listed in PWS will be provided” or similar statement.

5.3.7 Student-provided materials/equipment. Offeror shall provide list of materials and equipment that students must bring to participate in the course, if applicable.

5.4 Sub-factor 3: Offeror Qualifications. Offeror shall provide a narrative of the Prime Contractor’s qualifications to provide the requested training. If PWS states that a specific certification, license, or other formal accreditation is required, provide a copy of that certificate, license, or accreditation document. Provide a List of Subcontractors and/or Teaming Partners, and their roles/responsibilities.

Provide a narrative to support their qualifications to perform their areas of responsibility. If their area of responsibility requires a specific certification, license, or other formal accreditation as stated in the PWS, provide a copy of that certificate, license, or accreditation document.

5.5 Sub-factor 4: Instructor Qualifications. Offerors shall submit for consideration only instructors who meet all mandatory qualification requirements. The following documents shall be submitted for each proposed instructor.

5.5.1 A description of the instructor’s law enforcement experience, which specifically addresses how they meet the minimum qualifications described in the Addendum to 52.212-2. Do not assume the Government will understand an instructor’s experience based on job title.

5.5.2 A list of courses of similar content and duration that the instructor has taught in the past three (3) years, to include course title, dates, locations, and hosting agencies/organizations.

5.5.3 If the PWS states that a specific certification, license, or other formal accreditation is required, provide a copy of that certificate, license, or accreditation document.

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Instructor(s) will NOT be credited with the qualification in the evaluation if required documents are not provided.

5.6 Sub-factor 5: Course Vetting. Offeror shall provide a letter from a professional who has legal training and experience in the conduct of criminal court proceedings on behalf of the Government (e.g., current or former attorney, District Attorney, etc.), stating they have reviewed the course and that it teaches constitutionally permissible practices.

6.0 PAST PERFORMANCE, Volume 3, shall include:

6.1 The offeror shall submit information for a minimum of three (3) and no more than five (5) contract past performance references that were performed by the offeror as the prime contractor, which the offeror considers to have relevance. These may include federal, state, local and private industry contracts other than MCTC.

6.1.1 While the Government may elect to consider data obtained from internal and external sources other than the proposal, the burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance.

6.2 The Government does not assume the duty to search for data to cure problems it finds in proposals.

6.3 The below instructions are provided to advise offerors as to the information required by the

Government to assess the contractor's Recent and Relevant past performance. Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner.

6.3.1 Failure to provide the information requested below may result in an assessment that the offeror does not possess a record of Recent and Relevant past performance.

6.3.2 Recent contracts are those performed within three (3) years of the date of issuance of this solicitation.

6.3.3 Relevant contracts are those comparable in scope (learning methodology, course content, course duration and target audience) and magnitude (multiple iterations and contract duration) to the PWS requirement(s).

6.4 Contract Information: The offeror's proposal shall substantiate what distinct effort was required and actually performed under each of the contract(s) included in the proposal.

6.4.1 For each Contract(s) submitted, provide the following information:

Prime Contractor name and address;

Contract Number (and delivery/order number if applicable);

Contract Type (firm fixed price (FFP), time and material (T&M), labor hour (LH);

Total Value of the Contract (to include any options);

Delivery or Performance Schedule (number of iterations, duration of each iteration);

Contract period of performance (from contract award to contract closeout);

Government or private industry contracting activity address, telephone number and e-mail;

Indicate whether Offeror was prime contractor or subcontractor for referenced services;

Specify the Government or Contractor Point(s) of Contact to whom the Past

Performance Questionnaire was sent, and provide the date(s) it was sent;

6.4.2 Provide a description of the work (course) performed by the offeror, which shall include a narrative describing the similarities between (1) the relevant work performed under the requirements of the offeror's cited contract(s) and (2) the PWS requirements for this course.

6.4.3 The offeror may also be evaluated based on other internal Government or private source information. The Government may utilize the Contract Performance and Rating System (CPARS) to search for recent and relevant offeror performance and ratings.

6.5 The Government will conduct an in-depth evaluation of all recent performance information to determine how closely the services performed under those contracts relate to the technical requirement(s). Consideration will be given to similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, and schedule.

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6.6 The offeror may provide a copy of its most recent CPARS evaluation, if applicable, showing the overall rating(s) for each of the past performance references provided in the proposal.

6.7 Past Performance Questionnaire. A past performance questionnaire is provided in Attachment 5b. For each contract submitted by the offeror, the offeror shall send a copy of the past performance questionnaire directly to the appropriate [Government or Agency] contracting activity and technical representative responsible for the past/current contract. The offeror shall request that these individuals complete the questionnaire and forward it electronically directly to the Government at (kelsey.l.letcher.civ@army.mil and vicky.l.williams10.civ@army.mil) as soon as possible and prior to the solicitation closing date with the subject heading “PAST PERFORMANCE INFORMATION FOR W912LP-22-R-0007 [Offeror name].

7.0 PRICE, Volume 4, shall include:

7.1 Price Proposal Format.

7.1.1 Offeror shall complete and return the Price Proposal form provided as Attachment 4 to this solicitation.

7.1.2 Under no circumstances is price information and documentation to be included elsewhere in the proposal.

7.1.3 In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

8.0 ORGANIZATIONAL CONFLICT OF INTEREST

8.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a Government support contractor for Government offices involved in supporting program efforts or related programs.

8.2 All offerors shall make a preliminary disclosure to the Contracting Officer at the time of its proposal, of any Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational Conflict of Interest (OCI) as it applies to this solicitation.

8.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the proposal to be rejected and no longer be considered for award.

Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

8.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.

9.0 Award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

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i. Technical Capability

ii. Past Performance

iii. Price

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

***Addendum to FAR 52.212-2***

EVALUATION FACTORS FOR AWARD

1.0 The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1.1 Technical Capability

1.2 Past Performance

1.3 Price

1.4 Basis for Award

1.4.1 The Government intends to award a single Firm-Fixed Price (FFP) Contract as a result of this solicitation.

1.4.2 Per FAR 9.103, the contract will be placed only with an offeror that the Contracting Officer determines to be responsible; that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

1.4.3 Consistency. Each section of the offeror’s proposal shall be consistent within the proposal.

1.4.4 Completeness. The Government’s ability to evaluate a proposal may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a proposal may prevent the Government from evaluating a proposal.

1.4.5 The Government will assess the offeror’s proposal on three factors: (1) Technical Capability, (2) Past Performance and (3) Total Evaluated Price (TEP).

1.5 EVALUATION OF TECHNICAL CAPABILITY

1.5.1 Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS. The offeror and instructor qualifications will be evaluated as follows:

1.5.1.1 Sub-factor 3: Offeror Qualifications. The offeror (contractor) shall be evaluated for the following minimum qualifications.

1.5.1.1.1 Experience in the design and development of Drug Supervisor courses similar in scope (learning methodology, course content, course duration and target audience) to the requested course to narcotics officers or other civilian law enforcement officers and personnel at the local, state, or federal level.

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1.5.1.1.2 Experience in, and be currently engaged in, the delivery of Drug Supervisor courses, similar in scope (learning methodology, course content, course duration and target audience) to the requested course to narcotics officers or other civilian law enforcement officers and personnel at the local, state, or federal level.

1.5.1.2 Sub-factor 4: Instructor Qualifications. Each proposed instructor shall be evaluated for the following qualifications.

1.5.1.2.1 Instructors shall have a background in the training of law enforcement and be currently engaged in training law enforcement officers on the subject of supervising narcotics units.

1.5.1.2.2 Instructors with a minimum of five years of experience in instructing and training drug unit supervisors are preferred.

1.5.1.2.3 Instructors…