Attachment 3 - Clauses and Provisions.pdf

Attachment 3

Clauses and Provisions

SP8000-23-R-0009

Clauses and Provisions Incorporated by Reference

FAR 52.202-1 Definitions (NOV 2020)

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR 52.204-22 Alternative Line-Item Proposal (JAN 2017)

FAR 52.207-2 Notice of Streamlined Competition (MAY 2006)

FAR 52.209-10 Prohibition of Contracting with Inverted Domestic Corporations (NOV 2015)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (MAR 2023)

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

(DEC 2022)

FAR 52.213-1 Fast Payment Procedure (MAY 2006)

FAR 52.215-1 Instructions to Offerors--Competitive Acquisition (NOV 2021)

FAR 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

FAR 52.217-5 Evaluation of Options (JUL 1990)

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013)

FAR 52.232-8 Discounts for Prompt Payment (FEB 2002)

FAR 52.232-11 Extras (APR 1984)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-23 Assignment of Claims (MAY 2014)

FAR 52.232-37 Multiple Payment Arrangements (MAY 1999)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.233-1 Disputes (MAY 2014)

FAR 52.233-2 Service of Protest (SEP 2006)

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.242-15 Stop-Work Order (AUG 1989)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

FAR 52.252-3 Alterations in Solicitation (APR 1984)

FAR 52.252-4 Alterations in Contract (APR 1984)

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(JAN 2023)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation (MAY 2021)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (JAN 2023)

DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System (MAR 2023)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (JUN 2023)

DFARS 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements (JAN 2023)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022)

DFARS 252.225-7048 Export-Controlled Items (JUN 2013)

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime

(MAY 2022)

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JAN 2023)

DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991)

DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022)

DFARS 252.244-7000 Subcontracts for Commercial Products or Commercial Services (JAN 2023)

DFARS 252.247-7023 Transportation of Supplies by Sea (JAN 2023)

Clauses and Provisions Incorporated in Full Text

FAR 52.204-17 Ownership or Control of Offeror (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

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

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code: ____________

Immediate owner legal name: ____________ (Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ____________

Highest-level owner legal name: ____________ (Do not use a "doing business as" name)

(End of provision)

FAR 52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2011)

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 or 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) Representation. The Offeror represents that-

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

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

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

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

(i) For covered equipment-

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler umber; 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.

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

(NOV 2015)

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

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

(c) Representation. The Offeror represents that-

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

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

FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 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:

(1) In this Lowest Price Technically Acceptable (LPTA) acquisition, the following factors will be evaluated:

(i) Factor 1 – Technical Approach

(A) Subfactor A – Technical Approach Summary

(B) Subfactor B – Quality Control / Stock Rotation Plan

(C) Subfactor C – Lead Time

(ii) Factor 2 – Past Performance Acceptability

(iii) Factor 3 – Price

(2) The non-price evaluation factors for award represent those specific characteristics that are tied to significant RFP requirements. They are the uniform baseline against which each offeror’s proposal is evaluated allowing the Government to make a determination of acceptability.

(i) The non-price evaluation factor and subfactors for the determination of Technical Acceptability for this acquisition consist of the following:

Factor 1 – Technical Approach

Subfactor A – Technical Approach Summary Subfactor B – Quality Control / Stock Rotation Plan Subfactor C – Lead Time

Evaluation Factor 1—with Subfactors A, B, and C—will be rated in accordance with the following table:

Technical Acceptable/Unacceptable Rating Method

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation Unacceptable Proposal does not meet the requirements of the solicitation

Each factor/subfactor will receive a rating of Acceptable or Unacceptable. If any factor/subfactor receives an Unacceptable rating, then the overall rating for technical acceptability is Unacceptable.

To be Technically Acceptable and eligible for award, the offeror must meet and be rated Acceptable for all of the requirements for the following factor and subfactors:

FACTOR 1 – TECHNICAL APPROACH

To be rated Technically Acceptable, the contractor shall submit with its offer a detailed narrative supporting each evaluation subfactor that demonstrates a comprehensive understanding of the nature and scope required. Each subfactor will be assigned a rating of “Acceptable” or “Unacceptable” based on whether the proposal meets the basic Performance Work Statement (PWS) requirements and standards, and satisfactorily addresses the subfactor evaluation criteria identified below. Technical sub-factors are equal in importance. To be rated as Acceptable overall for Factor 1 – Technical Approach, the proposal must be rated “Acceptable” for all subfactors.

SUBFACTOR A – TECHNICAL APPROACH SUMMARY

To be rated Technically Acceptable, the contractor shall submit a detailed narrative summarizing the offeror’s technical approach. This summary shall, at a minimum, outline the offeror’s approach to address the requirements of the PWS; demonstrating both a complete understanding of those requirements and of the Titanium Strategic Buffer Objectives for this program. This summary shall not be a duplication of the PWS verbiage.

SUBFACTOR B – QUALITY CONTROL / STOCK ROTATION PLAN

To be rated Technically Acceptable, the contractor shall submit a detailed narrative summarizing the offeror’s Quality Control and Stock Rotation Plan. This document shall address the offeror’s ability to provide a Quality Control Process Surveillance and Testing Plan (QC Plan) in accordance with the requirements of PWS section 5.0, Quality Control.

Failure to propose an acceptable QC Plan will result in an “Unacceptable” rating.

SUBFACTOR C – LEAD TIME

To be rated Technically Acceptable, the contractor shall submit a detailed narrative that address the offeror’s ability to successfully identify a committed maximum release time of material buffer order in accordance with the requirements of PWS section 3.0, Material Buffer

Requirements. Failure to propose a committed maximum release time of a material buffer order will result in an “Unacceptable” rating.

(ii) The non-price evaluation factor for the determination of Past Performance Acceptability for this acquisition consist of the following:

Factor 2 – Past Performance Acceptability, a non-price evaluation factor, will be rated in accordance with the following table:

Past Performance Acceptable/Unacceptable Rating Method Adjectival Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below)

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

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

The past performance evaluation results in an assessment of the offeror’s probability of meeting the minimum past performance requirements for this solicitation. This assessment is based on the offeror’s record of recent and relevant past performance information that pertain to the work, products, and/or services outlined in the solicitation requirements. The vendor shall identify its past performance information as requested herein. The Past Performance Acceptability assessment is based on recency, relevancy, and quality of historical contracts.

Past performance will be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant or not relevant to the effort to be acquired. Second, the past performance evaluation will determine how well the offeror performed on the prior contracts. To be Technically Acceptable, the offer must meet all of the following requirements:

FACTOR 2 – PAST PERFORMANCE ACCEPTABILITY

Past Performance shall be used as an evaluation factor within the LPTA selection process, unless waived by the PCO in accordance with FAR 15.304(c)(3)(iii). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis using the “Past Performance Acceptable/Unacceptable Rating Method” in the table above. In rating the past performance, the following will be considered:

(A) Aspects of Past Performance Evaluation. The past performance evaluation results in an assessment of the offeror’s probability of meeting the minimum past performance requirements.

This assessment is based on the offeror’s record of recent and relevant past performance information that pertain to the products and/or services outlined in the solicitation requirements.

The vendor shall identify its past performance information as requested in the solicitation. The basis of this assessment is from two aspects: 1) Recency and Relevancy and 2) Quality of Historical Contracts. In rating past performance, the following will be considered:

(1) Recency and Relevancy. The first aspect is to evaluate whether the vendor’s present / past performance is relevant or not relevant to the effort to be acquired. In establishing what is relevant for the acquisition, consideration shall be given to what aspects of a vendor’s contract history would give the most confidence that the vendor will satisfy the current procurement. Common elements of relevancy include similarity of service / support, complexity, dollar value, contract type and degree of subcontract / teaming.

(2) Quality of Historical Contracts: The second aspect is to determine how well the vendor performed on present / past contracts. The past performance evaluation process gathers information from customers on how well the vendor performed those past contracts and includes history of successful completion of projects; history of producing high-quality reports and deliverables; commitment to customer satisfaction and history of staying on schedule and within budget. Past Performance information may be obtained from Past Performance Questionnaires, Federal Performance and Integrity Information System (FAPIIS), Contractor Performance / Assessment Reporting System (CPARS) or other sources available to the Government. The Past Performance evaluation process does not establish, create, or change the existing record and history of the offeror’s past performance on present / past contracts.

(B) To be rated Acceptable, the contractor shall submit at least three (3) but no more than five (5) previously awarded and completed contracts of similar size and scope that are deemed to meet recency, relevancy and quality requirements. For this acquisition, recency refers to contracts awarded and completed within the last three (3) years. Relevancy refers to contracts of similar size to this acquisition for services related to the requirements outlined in the PWS. Quality refers to contracts that were satisfactorily completed within the designated period of performance (PoP). All submissions shall include the following information:

(1) The date of the contract award, and the contract award amount in dollars.

(2) The date of the contract completion, and the final contract amount, in dollars.

(3) A brief description of the service contract scope of work.

(4) Identification of the agency/entity/company for which work was performed and at least one point-of-contact (POC) at the organization that awarded the submitted contract, to include POC’s name, e-mail address and telephone number.

(3) Factor 3 - Price

(i) Lowest Price: Proposals not technically acceptable will be removed from consideration, and award will be made to the lowest priced technically acceptable responsible contractor. The LPTA procedure is applied to known, firm requirements, usually readily available in the commercial marketplace where a fair and reasonable price determination is based on adequate price competition. A price analysis will be conducted to determine the total evaluated price to support the selection of the lowest priced technically acceptable offeror. When contracting on a firm-fixed-price basis, comparison of the proposed prices will usually satisfy the requirement to perform a price analysis since competition normally establishes price reasonableness, and a cost analysis need not be performed.

(ii) Requested Price Information: All pricing shall be commensurate with established labor hour rates as contained within the U.S. Department of Labor Wage rate determination for the Service Contract Labor Standards statute (formerly the Service Contract Act of 1965). The offeror’s proposed labor categories and labor rates will be evaluated. The submission of certified cost or pricing data will not be required for this acquisition since it is expected to be under the Truth in Negotiations Act (TINA) threshold of $2,000,000.00 and there is expected to be adequate price competition.

(iii) Fair Market Price: This acquisition is intended to be unrestricted. If a fair and reasonable price cannot be established by the contracting officer from the analyses of the data obtained or submitted to date, the contracting officer shall require the submission of additional data sufficient for the contracting officer to support the determination of the fair and reasonable price such as profit or should-cost analysis.

(4) BASIS OF AWARD:

Basis for Award and Summary Evaluation Factors.

(i) Proposals evaluation factors are: Technical Approach, which has the three (3) subfactors of Technical Approach Summary, Quality Control / Stock Rotation Plan, and Lead Time; Past Performance Acceptability; and Price.

(ii) The non-price factors are Technical Approach (Technical Approach Summary, Quality Control / Stock Rotation Plan, and Lead Time) and Past Performance Acceptability. These factors address the contractor’s capability and provide evidence that they can perform the requirements described in the Performance Work Statement (PWS).

(iii) Past Performance information will be provided by the contractors to show their history of successfully accomplishing PWS tasks and to determine the quality of their relevant past performance.

Assessment for this area will be subjective based on consideration of all relevant facts and circumstances. Past performance evaluation will investigate information furnished by the contractor to ensure they have consistently demonstrated a commitment to administration, customer satisfaction, timely delivery, and quality goods and services in prior contracts of similar scope and complexity. This is a matter of judgment and will be a subjective assessment based on investigative findings.

(vi) Only the proposals found to be technically acceptable will be further evaluated for award. This means a proposal is “acceptable” for all factors.

(vii) Price will be evaluated for reasonableness and completeness.

(viii) Contract Award will be made to the responsible vendor that offers the lowest priced technically acceptable proposal.

(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.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology"-

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13. CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S. C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned…