B1 - Combined Synopsis Solicitation_Non-Clinical Case Management MOARNG.pdf

Request for Proposal (RFP): W912NS-21-R-2005

MISSOURI ARMY NATIONAL GUARD

NON-CLINICAL MEDICAL SUPPORT SERVICES

GENERAL INFORMATION

Document Type: Combined Synopsis/Solicitation (IAW FAR 12.603) Request for Proposal (RFP) No. W912NS-21-R-2005 Posting Date: TBD Set-Aside: Women-Owned Small Business (WOSB) NAICS Code: 561110, Office Administrative Services

Contracting Activity Address:

Missouri Army National Guard (MO ARNG) United States Property and Fiscal Office (USPFO) - Missouri Purchasing and Contracting Office 7101 Military Circle Jefferson City, MO 65101

DESCRIPTION:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This is a total small business set-aside for the socioeconomic program Women-Owned Small Business (WOSB). The North American Industry Classification System (NAICS) Code for this requirement is 561110 Office Administrative Services with a size standard of $8,000,000, and Product Service Code Q602. This document incorporates provisions and clauses that are in effect through the Federal Acquisition Circular (FAC) 2021-06, effective 10 June 2021. This is a Request for Proposal (RFP) for a full turnkey solution for Non-Clinical Medical Support Services at the MO ARNG Ike Skelton Training Site, Jefferson City, MO. These services include: Non- Clinical Medical Case Management, Behavioral Health Case Management, and Medical Records Administration Services. Please see Performance Work Statement (PWS) for the requirement details. The Government intends to award one Firm-Fixed Price Contract.

DESCRIPTION OF REQUIREMENTS: This is a non-personal services contract to provide Non- Clinical Medical Case Management, Behavioral Health Case Management and Medical Records Administration Services also known as Medical Support Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, quality control, and other items necessary to perform Medical Support Services for more than 9,500 MO Army National Guard Service Members as defined in the Performance Work Statement, except as specified in Part 3 of the PWS as Government Furnished Property and Materials. The contractor shall perform to the standards in this contract.

The contracted service will consist of Case Managers and Care Coordinators to facilitate non-clinical medical case management services through review of medical documentation of individual Soldiers, production of Narrative Summaries (NARSUMs), profiling, referrals, reports, investigations, medical board packets, waiver requests, and medical readiness standards. The Behavioral Health Case Management service provides initial and follow-up Soldier screening, tracks submitted documentation for review of quality of care and status of deployability to provide ongoing and consistent patient status and medical administrative services. The Medical Records Administration service provides scanning, indexing, constructing, record transmittal, disposition and tracking of Service Treatment Records (STR) for the Soldiers of the Missouri Army National Guard. The contractor will ensure medical documents are accurately screened, scanned and uploaded to the appropriate digital storage platform.

See the Performance Work Statement (PWS) for detailed description of services.

CONTRACT TYPE: This solicitation is a request for Proposal (RFP) that will result in the award of a firm fixed priced (FFP) contract solicited under FAR PART 13.5.

CONTRACT PERIOD OF PERFORMANCE: The period of performance for this requirement is be one Base Year of twelve (12) months with four (4) option years plus the option to extend services in accordance with the clause at FAR 52.217-8.

PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the Missouri Army National Guard offices located at 2302 Militia Dr. Jefferson City, MO 65101- 1203. The contracted services shall normally be performed at the place of performance as indicated. The Government may permit the contractor to employ telecommuting in support of this PWS when determined to be in the best interest of the government in meeting the performance requirements.

Evaluation Criteria:

The Government will award a contract resulting from this combined synopsis/solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the government utilizing trade-off to determine best value. To arrive at a Best Value decision, proposals will be evaluated using three evaluation factors: Technical, Past Performance, and Price.

Refer to 52.212-2 Evaluation-Commercial Items on pages 17-21 of this document for details.

Contractor Responses:

Provide two separate proposals. One for price and one for technical. Technical should clearly demonstrate your understanding and performance of the requirements as they are stated in the PWS. Price should be broken out per CLIN as shown below in the Schedule.

Submittal: Proposals and Questions shall be submitted electronically to Stephen J. Miller at Stephen.j.miller1.civ@mail.mil. PROPOSALS MAY BE TRANSMITTED VIA DoD SAFE (Secure Access File Exchange) IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED IN 52.212- 1 Addendum.

Questions are due at 9:00 AM Central time (CDT) on Friday, August 13, 2021.

Proposals are due at 3:30 PM Central time (CDT) on Tuesday, August 24, 2021.

Refer to 52.212-1 Instructions to Offerors-Commercial Items. (pages 13-17 and Addendum on pages 48-53) for proposal instructions.

SCHEDULE:

See attached Performance Work Statement for description of requirements and period of performance dates.

PWS Reference CLIN Quantity UNIT Total

Amount Location Period of

Performance

5.1, 5.2, 5.3 Medical Support Services BASE

YEAR

0001 12 Months $ Jefferson City, MO

12 Dec 2021- 11 Dec 2022

1.4.12 Travel

Budget BASE YEAR cost reimbursement

0002 1 Job $ Jefferson City, MO

12 Dec 2021- 11 Dec 2022

5.4 Service

Contract Reporting BASE Year

0003 1 Job $ Jefferson City, MO

12 Dec 2021- 11 Dec 2022

5.1, 5.2, 5.3 Medical Support Services

OPTION YEAR 1

0004 12 Months $ Jefferson City, MO

12 Dec 2022- 11 Dec 2023

1.4.12 Travel

Budget OPTION YEAR 1 cost reimbursement

0005 1 Job $ Jefferson City, MO

12 Dec 2022- 11 Dec 2023

5.4 Service

Contract Reporting

OPTION YEAR 1

0006 1 Job $ Jefferson City, MO

12 Dec 2022- 11 Dec 2023

5.1, 5.2, 5.3 Medical Support Services

OPTION YEAR 2

0007 12 Months $ Jefferson City, MO

12 Dec 2023- 11 Dec 2024 mailto:Stephen.j.miller1.civ@mail.mil

1.4.12 Travel

Budget OPTION YEAR 2 cost reimbursement

0008 1 Job $ Jefferson City, MO

12 Dec 2023- 11 Dec 2024

5.4 Service

Contract Reporting

OPTION YEAR 2

0009 1 Job $ Jefferson City, MO

12 Dec 2023- 11 Dec 2024

5.1, 5.2, 5.3 Medical Support Services

OPTION YEAR 3

0010 12 Months $ Jefferson City, MO

12 Dec 2024- 11 Dec 2025

1.4.12 Travel

Budget OPTION YEAR 3 cost reimbursement

0011 1 Job $ Jefferson City, MO

12 Dec 2024- 11 Dec 2025

5.4 Service

Contract Reporting

OPTION YEAR 3

0012 1 Job $ Jefferson City, MO

12 Dec 2024- 11 Dec 2025

5.1, 5.2, 5.3 Medical Support Services

OPTION YEAR 4

0013 12 Months $ Jefferson City, MO

12 Dec 2025- 11 Dec 2026

1.4.12 Travel

Budget OPTION YEAR 4 cost reimbursement

0014 1 Job $ Jefferson City, MO

12 Dec 2025- 11 Dec 2026

5.4 Service

Contract Reporting

OPTION YEAR 4

0015 1 Job $ Jefferson City, MO

12 Dec 2025- 11 Dec 2026

**SERVICE CONTRACT ACT (SCA) is applicable to this procurement and the wage determination may be downloaded at https://sam.gov/content/wage-determinations. The current Service Contract Act Wage Determination is number 2015-5081 (Rev.15) 05/14/2021 State of Missouri, Cole County.

Sustainable Acquisitions:

In order to advance sustainable acquisitions to the extent possible we request the consideration that products and services are:

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated);

(2) Water-efficient;

(3) Biobased;

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives);

(5) Non-ozone depleting; or

(6) Made with recovered materials.

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

(Full text can be accessed at: https://www.acquisition.gov/)

FAR 52.203-3 Gratuities (APR 1984) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) (PROV) 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 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018) FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (JAN 2017) FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.228-5 Insurance-Work on a Government Installation (JAN 1997) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.237-2 Protection of Government Building, Equipment and Vegetation (APR 1984) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.246-4 Inspection of Services-Fixed-Price. (AUG 1996) 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 (Sep 2013) DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)(P) DFARS 252.204-7000 Disclosure of Information (OCT 2016) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors (FEB 2019) DFARS 252.204-7006 Billing Instructions. (OCT 2005) https://www.acquisition.gov/

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (DEC 2019) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(MAY 2016)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation (DEC 2019) 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 2021) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2020) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) DFARS 252.215-7007 Notice of Intent to Resolicit (June 2012) DFARS 252.215-7008 Only One Offer (JUL 2019) DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

(JAN 2018)

DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (SEP 2014) DFARS 252.225-7001 Buy American and Balance of Payment Program (DEC 2017) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) DFARS 252.225-7012 Preference for Certain Domestic Commodities (DEC 2017) DFARS 252.225-7031 Secondary Arab Boycott of Israel (Jun 2005) DFARS 252.225-7048 Export-Controlled Items (Jun 2013) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (APR 2019) 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 of Interrogation of Detainees by Contractor Personnel (June 2013) DFARS 252.237-7023 Continuation of Essential Contractor Services (OCT 2010) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services (OCT 2010) DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2012) DFARS 252.244-7000 Subcontracts for Commercial Items and Commercial Components (OCT 2020) DFARS 252.239-7001 Information Assurance Contractor Training and Certification (JAN 2008) DFARS 252.247-7023 Transportation of Supplies by Sea (FEB 2019)

CLAUSES/PROVISIONS FULL TEXT

52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020)

(a) Definitions. As used in this clause—

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation-

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from-

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

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).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall-

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-2#FAR_2_101

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor’s internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting, including-

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C.

3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_1004 https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

52.209-7 Information Regarding Responsibility Matters.

As prescribed at 9.104-7(b), insert the following provision:

https://www.acquisition.gov/far/part-9#FAR_9_104_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; 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).

(End of provision)

52.212-1 Instructions to Offerors-Commercial Items. (Jun 2020)

(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 is 561110 with a small business size standard of $8.0M.

https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_7

(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 Schedule table (pages 3-4 of this document), 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) Technical Proposal (shall address the proposed Management Plan and Staffing Plan);

(5) Pricing Proposal (shall price each CLIN found in this solicitation and include an itemized spreadsheet covering the proposed wages, benefits, overhead, profit, travel budget, etc. to support the proposed pricing). The pricing proposal shall be submitted as a separate document from the rest of the proposal.

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

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

(8) Acknowledgment of Solicitation Amendments;

(9) 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

(10) 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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

(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/).

(iii) ASSISTdocs.com (http://assistdocs.com).

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

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

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

1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less 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 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 items, the make and model of the item to be delivered by the successful offeror.

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

(End of provision)

See FAR 52.212-1 Addendum on pages 48-53 for detailed Instructions to Offerors.

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation-Commercial Items (Oct 2014)

(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:

Technical, Past Performance, and Price. The government will utilize trade-off to determine best value. In terms of the relative importance of the factors, Technical and Past Performance have equal weighting and when combined are significantly more important than Price. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical factor (to include all sub-factors). Offerors are cautioned that the award may not necessarily be made to the lowest price offer. If non-price factors are evaluated as comparatively equal between two or more Offerors, Price may become a determinative factor.

The firm that represents the best value to the Government will be selected for award in accordance with FAR 13.106-2(b)(1) Evaluation of Quotations or Offers.

The following evaluation factors and sub-factors will be used to evaluate each proposal. Award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors and sub-factors described below. The Government reserves the right to make award based upon the Price factor in the event that the Technical and Past Performance evaluation results of the offerors’ proposals are substantially the same.

FACTOR 1: Technical Acceptability: The Technical Submission evaluation provides an assessment of the offeror’s capability to satisfy the Government’s requirements. The evaluation will focus on the weaknesses, significant weaknesses, and deficiencies of the offeror's proposal.

The Technical factor is further divided into the following sub-factors.

Sub-factor A: Management Plan – The management plan demonstrates an acceptable organizational chart identifying the management structure of key personnel with a description of roles and responsibilities. Key personnel should have email and phone numbers included (updated throughout the contract as needed) so the COR has contact information. The management plan assesses offeror’s understanding of the skills needed to execute the contract as well as implementation and utilization in contract performance in accordance with the Performance Work Statement (PWS) positions. The soundness of the plan and the comprehensiveness of the document will also be evaluated.

Sub-factor B: Staffing Plan – The staffing plan identifies adequate staffing and includes the labor categories and number of personnel. The staffing plan assesses offeror’s intended methodology for accomplishing the following: accommodate fluctuating workloads, minimize turnover, recruit and retain qualified experienced personnel, cross-training and cross-utilization of personnel. The plan shall address how recruiting and job advertisements will be https://www.acquisition.gov/far/part-12#FAR_12_301 accomplished. The soundness and comprehensiveness of the offeror’s approach and the intended methodology for obtaining and maintaining the skills needed in performance of the contract will be evaluated. The plan shall address how the offeror would handle extended leave/absence (longer than two weeks) of contract employees and short term leave/absence (less than two weeks).

Assigning Technical Ratings: Each offer/proposal will receive either an “Outstanding,” “Good,” “Acceptable,” “Marginal” or “Unacceptable” rating as follows:

Outstanding: Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.