Combined Synopsis-Solicitation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the policies and procedures using FAR subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written formal solicitation will not be issued.

Solicitation H92240-24-Q-2019 is issued as a request for proposal (RFP) as a 100% small business set-aside.

It is the Government’s intent to award a Firm Fixed-Price contract for the services/supplies defined in this RFP. This Notice is a Request for Competitive proposals which shall be considered by the agency.

The solicitation document and anticipated contract award incorporates one or more clauses by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will the full text available. Also, the full text of a cause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations (FAR) clauses and provisions: https://www.acquisition.gov/browse/index/far

Defense Federal Acquisitions Regulation Supplement (DFARS) clauses and provisions:

https://www.acquisition.gov/dfars

United States Special Operations Command Federal Acquisition Regulation Supplement (SOFARS) clauses and provisions: https://www.acquisition.gov/sofars

NAICS code 812910 Small business size standard $9.0M

Questions to the RFP are to be submitted no later than 3 May 2024 at 10:00 A.M. (EST) to shelly.pollock@socom.mil

Proposals are due no later than 23 May 2024 at 1:00 P.M. (EST): Proposals shall be submitted electronically shelly.pollock@socom.mil and phillip.sabo@socom.mil. No facsimile quotes will be accepted. All quotes must be emailed with the RFP Number in the subject line. Contractors are responsible for verifying receipt of their proposals to this office before offer due date and time. Proposals must be valid for 90 days. Email is the only acceptable method of submission. Offerors are responsible for ensuring the successful delivery of proposals to the Government office identified in the previous paragraph by the due date/time. Offerors are encouraged to submit the proposal with sufficient lead time to ensure all documents are successfully received by the contracting team prior to the closing date and time. The contracting team will confirm receipt of your proposal. If you do not receive a confirmation, you can assume your proposal was NOT received. Please be advised that timelines are determined by the date and time an Offeror’s proposal is received, not when an Offeror attempts transmission.

Any proposal 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 (1) received before award is made, (2) the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and (3) 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.

PROVISIONS AND CLAUSES

The latest version of the following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant contract.

52.202-1 Definitions 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation 52.204-7 System for Award Management https://www.acquisition.gov/dfars https://www.acquisition.gov/sofars mailto:shelly.pollock@socom.mil mailto:shelly.pollock@socom.mil mailto:phillip.sabo@socom.mil

52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-24 Representation Regarding Certain Telecommunications and Video

52.204-26 Covered Telecommunications Equipment or Services-Representation 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

Commercial Items (See Addendum) 52.212-2 Evaluation -- Commercial Products and Commercial Services.

52.212-3 Alt. I - Offeror Reps and Certs 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial

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

52.228-5 Insurance - Work On A Government Installation 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.242-15 Stop-Work Order 52.243-1 Changes – Fixed Price 52.245-1 Government Property 52.246-2 Inspection Of Supplies--Fixed Price 52.246-4 Inspection Of Services--Fixed Price 52.246-23 Limitation of Liability 52.247-34 F.O.B. Destination 52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference http://farsite.hill.af.mil/ and www.acq.osd.mil

52.252-6 Authorized Deviations in Clauses https://www.acquisition.gov/browse/index/far

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

COMMERCIAL SERVICES (SEP 2023)

(m) Quote Preparation and Submission Instructions.

(1) All proposals shall be directed to the Contracting Office by email, citing at a minimum “H92240-24-Q- 2019” in the subject line at the following address: shelly.pollock@socom.mil and phillip.sabo@socom.mil.

This is an all-electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to www.sam.gov. It is the responsibility of each offeror to review the webpage for notice of amendments, updates, or changes to current information. The exclusive responsibility for the source selection will reside with the Government. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423) as implemented in the FAR. The proposal and corresponding program will be unclassified and treated as Source Selection Sensitive Information.

(2) All proposals must be complete, self-sufficient, and respond directly to the requirements of the solicitation. Any commitments made in the proposal shall become part of the resultant contract.

Any significant inconsistency, if unexplained, raises a fundamental issue of the offeror’s understanding and/or ability to perform under a contract. This may be a basis for rejection of the proposal. In no case shall words like “we will comply with the requirements of the contract,” or equivalent statements, be acceptable to meet the requirements of this RFP. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. Use of documentation by http://farsite.hill.af.mil/ http://www.acq.osd.mil/ http://farsite.hill.af.mil/ http://www.acq.osd.mil/ https://www.acquisition.gov/browse/index/far mailto:shelly.pollock@socom.mil%20and%20phillip.sabo@socom.mil.

reference, and not incorporated into the proposal, will not be allowed. Where cross-referencing is used, the volume, attachment, exhibit, and paragraph numbers, as appropriate, shall be referenced.

Offerors shall provide separate responses to each technical evaluation factor. Failure to comply with these instructions may result in an offeror’s proposal being excluded from further consideration for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

(n) proposal Format and Content

(1) The evaluation will consist of an evaluation of the Security Qualifying Criteria and Factors 1-3;

Technical Capability, Past Performance, and Price, which are outlined below.

(2) Proposals shall not contain classified information.

(3) Proposal Format. Format of the proposal volumes shall be as follows:

a. Text size shall be no smaller than Microsoft Word, Times New Roman, 10-point, uncompressed font, including in any tables, charts, graphs or figures.

b. Pages shall be single sided, one and one half spaced, with a minimum of one-inch margins on all sides.

Pages shall be dated and numbered sequentially by volume. A cover sheet should be included in each volume, clearly marked as to volume number, title, “original” or copy number, solicitation identification, and the offeror's name.

c. Elaborate format and color representations are not desirable.

d. Electronic copies must be provided via E-mail. Microsoft Office Word processing software and Excel spreadsheet software formats are required.

Proposal Submission Requirements:

Proposal Submissions

Factor

Electronic Copies

Maximum Number of Pages

Introduction

Volume 1

N/A

Security Qualifying Criteria

Volume 2

Pass/Fail

Technical Capability Factor

Volume 3

Fifteen (15) pages (excluding copies of personnel training certificates)*

Past Performance Factor

Volume 4

Price

Volume 5

*Inclusive of any title page, table of contents, photographs, maps, and/or diagrams, and/or acronym lists

VOLUME 1 – Introduction Offeror shall provide the following information:

1. Contractor Name, Commercial and Government Entity (CAGE) Code, Unique Entity Identifier (UEI) Number, and Tax Identification Number (TIN).

2. Name, telephone numbers, and email address of person(s) to be contacted for clarification or questions pertaining to the proposal.

3. FILL IN CLAUSES: Offeror shall be registered in the System for Award Management (SAM) to be eligible for award. Proposals received without the completed copy of the provision at FAR 52.212-3 ALT I or completed SAM representation may be considered non-compliant. Quotes determined non-compliant may not be evaluated for award.

Offeror must also provide all fill-ins for:

- 52.204-26 Covered Telecommunications Equipment or Services-Representation

- 52.209-7 Information Regarding Responsibility Matters

- 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or A Felony Conviction Under Any Federal Law

- 52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services.

- 5652.204-9004 Foreign Persons

4. Terms and Conditions: The Offeror must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFP, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFP may be considered by the Government to be unacceptable.

5. Specify proposal validity period. The proposal shall be valid for no less than 90 days from the date of RFP closing.

The Government will review Volume 1 for completeness and that the offeror indicated that it is eligible for a government contract based on the offeror’s responses to the representations, certifications, all contract forms, and other statements required by the solicitation. The offeror shall ensure all Contract Forms, Representations, and Certifications have been completed as required. Incomplete proposals regarding such items may render the proposal ineligible.

VOLUME 2 - Security Qualifying Criteria – Facility Clearance (Pass/Fail). Provide documentation evidencing the offeror holds an active Secret Facility Clearance as accredited by the Defense Security Service (DSS).

Facility Clearance. The offeror, and any proposed subcontractors, must have an active Secret Facility Clearance as accredited by the Defense Security Service (DSS) as of solicitation closing date. The Government will review the offeror's submission and any subcontractor’s submission to verify the offeror’s clearance status upon solicitation closing. This aspect of the proposal will be evaluated on a pass/fail basis as a preliminary step prior to completing the evaluation for Factors 1-3. Proposals which do not demonstrate the required facility clearances will NOT be further evaluated. Specifically, the Government will not evaluate the remaining Factors 1-3, and the Offeror will be ineligible for award as the Government considers a Fail rating in Security Qualification Criteria to be a material deficiency of the proposal.

VOLUME 3 – Factor 1 - Technical Capability: The Technical Proposal shall be specific and complete as to clearly demonstrate that the Offeror has a thorough comprehension and requisite capabilities to perform all aspects of the solicitation requirements including technical, management, and resource requirements as well as all other provisions of this solicitation. Simply stating that the Offeror understands the problem and can or will comply with the requirements will be considered inadequate. Proposals are to be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors are cautioned not to simply rephrase or restate the Government’s requirements in the proposals; but furnish convincing narratives describing “how” they intend to meet these requirements.

(i) Subfactor 1 - Technical Approach/Management - The offeror shall submit a narrative response that clearly demonstrates its understanding of the technical approach to accomplishing the complexity and magnitude of service requirements set forth by the PWS. The offeror’s approach shall also demonstrate its ability to perform the work through its management capabilities and expertise. The Offeror shall describe how it will accomplish the requirements in the PWS by providing specific narrative details and/or descriptions of actual methods, processes, and procedures that it will use in performing the tasks required in the PWS.

(ii) Subfactor 2 - Qualifications and Experience of Personnel - Discuss proposed approach for providing qualified personnel to meet the requirements of the Task Order 01 PWS, Attachment 7. Provide resumes for all Lead and Canine Trainer personnel, to include current employment status. Resumes must be sufficiently detailed to document specific experience, achievements, and associated timeframes in accordance with Attachment 2 – MPC Support Personnel Qualifications, Sections 1.4, and 2.4 respectively. Offeror is to provide a statement that verification has been conducted for content of each resume submitted to include dates of employment, job responsibilities and education.

VOLUME 4 – Factor 2 – Past Performance:

a. The Contractor shall complete Attachment 4 - Past Performance Information Form for at least three (3) contracts meeting the below criteria and supporting in a Prime Contractor capacity will be viewed more favorably by the Government.

b. Past performance submission must include the following:

i. Recency – Performance occurring within the last three (3) years from the date of issuance of this solicitation will be considered “Recent”. Reports on contracts with nine months or less of performance will not be considered.

ii. Relevancy – Relevant performance for this acquisition must specify similar size, scope, and complexity of multi-purpose canine support services as described in the PWS.

NOTE: While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

VOLUME 5 – Factor 3 - Price Offeror shall complete Attachment 5 – ELIN Price Matrix within the Microsoft Excel spreadsheet format provided by the Government for the full 5-year IDIQ ordering period. Formulas are set for Total Evaluated Price (TEP) calculation for the two task orders. TEP is based on the combined total Firm Fixed Price of Task Order 01 and 02.

Regarding Task Order 02 Firm Fixed Price, the Government provides only for evaluation purposes with travel provided as Government plug amount only. All prices will be provided as a Firm Fixed Price; therefore, all proposed prices shall be inclusive of all direct (i.e., direct labor, material, and other direct costs) and associated indirect costs plus fee related to each Exhibit Line Item Number (ELIN) price. ELINs are segregated by five (5) ordering periods lasting one year each, with pricing applicable based on the date of task order issuance. The contract will include the option at FAR 52.217-8 at the rates of ordering period five. The offer shall not alter formulas in the Microsoft Excel spreadsheet provided by the Government. Failure to comply with this instruction may result in the offeror’s proposal no longer being considered for award. There is no page limit to this volume. The government may require additional “other than cost and pricing data” prior to award.

(o) Restriction on disclosure and use of data. Quoters that include in their proposals, data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall –

(1) Mark the title page with the following legend:

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

(2) Mark each sheet of data it wishes to restrict with the following legend:

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

(p) To be considered timely. E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for final proposal submission. An E-mail proposal that resides on a government server but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late in accordance with FAR 52.212-1. Therefore, it is incumbent upon the Offeror to ensure that its entire proposal is received by the Agency by the designated due date.

(End of Provision)

MINIMUM AND MAXIMUM

The minimum contract value for this contract is the value of the first issued task order which is issued concurrently with the basic contract. Once the first order is issued, the Government is under no further obligation to issue additional orders and serves as the minimum guarantee. The maximum value of all orders issued against this contract shall not exceed $9,998,000.00.

CONTRACT CEILING

A contract ceiling of $9,998,000.00 will apply at the contact level. CLIN and ELIN values or quantities are deemed estimates only and may be ordered in any combination thereof, not exceeding the contract ceiling contained herein.

ACCOUNTING & APPROPRIATION DATA

This contract (IDIQ) is not funded. All funding and payment will be made at the DO/TO level.

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

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:

Factor 1– Technical Capability Factor 2 – Past Performance Factor 3 – Price

Technical and Past Performance when combined, are significantly more important than Price. Offerors are cautioned that an Unacceptable rating at the factor level may be grounds for exclusion of the proposal from further consideration for award, and the Government may not evaluate past performance and/or price.

Discussions. IAW FAR 52.212-1(g), the Government intends to evaluate proposals and award a contract without discussions. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Offerors may be asked to clarify certain aspects of their Technical, Past Performance, Price proposal. Exchanges conducted with regard to adverse past performance, or to resolve minor or clerical errors in any of the proposal volumes will not constitute discussions, and the Procurement Contracting Officer (PCO) reserves the right to award a contract without granting an opportunity to revise the original proposal.

While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective, and therefore, professional judgment is implicit throughout the entire process. This may result in an award being made to a higher rated, higher priced Offeror where the decision is consistent with the evaluation factors and the Government reasonably determines that the technical superiority, and/or superior past performance, of the higher priced Offeror outweighs the price difference. The Government will base the source selection decision on an integrated assessment of proposals against all source selection criteria in the solicitation. The Government will not qualitatively assess or compare Pass/Fail Security Qualifying Criteria and will only verify whether an Offeror received a Pass for this subfactor. Proposals receiving a Fail will be ineligible for award.

The Government contemplates award of a single-award Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation. Offerors are advised that the Government intends to evaluate offers and make award without requesting additional information or revised proposals; but reserves the right to do so if determined to be in the best interest of the Government. Therefore, the offeror’s initial proposal should contain the offeror’s best terms.

The Government reserves the right to request additional information if the Contracting Officer later determines it to be necessary.

Best Value Evaluation. Security Qualifying Criteria is evaluated on a pass or fail basis. A Fail rating renders the proposal ineligible for award and the Government will not further evaluate the remainder of the technical, past performance or price/cost proposal. Technical Capability will be evaluated using a combined Technical/Risk Rating using the adjectival rating technique. Past Performance will receive an overall Acceptable/Unacceptable rating. The Price Factor will not be given an adjectival rating or scored. Technical Capability (Factor 1) is more important than Past Performance (Factor 2) but when combined are significantly more important than Price (Factor 3). The importance of price as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors.

Volume/Title Factor Evaluation Rating Qualifying Criteria N/A Pass/Fail

Technical Capability Factor 1 Technical/Risk Past Performance Factor 2 Acceptable/Unacceptable

Price Factor 3 Total Evaluated Price

Security Qualifying Criteria. The Government intends to verify whether the Prime offeror and any subcontractors possess an active Secret Facility Clearance as of solicitation closing date. If the offeror (including any subcontractors) lacks such clearance, the offeror will receive a “Fail,” and not be evaluated further.

Rating Description Pass Offeror possesses a Secret Facility Clearance.

Fail Offeror does not possess a Secret Facility Clearance.

FACTOR 1: Technical Capability Technical proposals will be evaluated to ensure the offeror understands and meets the requirements of the solicitation in accordance with the Performance Work Statement (PWS) and following descriptions of each technical evaluation factor:

Sub Factor (1), Technical/Management Approach: The Government will evaluate how well the offeror demonstrates technical knowledge and understanding of the requirements of the PWS and this solicitation; and how well it demonstrates its ability to perform the work through its management capabilities and expertise to successfully perform and manage the tasks in the PWS.

Sub Factor (2), Qualifications and Experience of Personnel: The Government will evaluate how well the offeror demonstrates the requisite qualification and experience of personnel to accomplish the complexity and magnitude of service requirements set forth by the standards of the PWS and Attachment 2 – MPC Support Personnel Qualifications.

The Government will utilize the combined Technical/Risk rating methodology contained within the Combined Technical/Risk Rating table below, which includes consideration of risk in conjunction with the evaluation findings;

strengths, weaknesses, significant weaknesses, and deficiencies of the offeror’s quotation when determining the technical rating.

Evaluation of risk will assess the degree to which the offeror’s proposed approach meets or does not meet the Government’s technical requirements. This includes evaluation of the offeror’s proposed technical knowledge, management capabilities, expertise, and understanding of the requirements of the PWS. Risk is one aspect of the technical evaluation and contributes to determining the Factor level rating. If an offeror’s proposal demonstrates a material failure to meet a government requirement or has a combination of significant weaknesses that increases the risk of unsuccessful contract performance to an unacceptable level, it is a deficiency in the offeror’s proposal. The Government will determine if the proposal meets or exceeds requirements, to what degree the proposed approach indicates an understanding of the requirements, and the level of risk to unsuccessful performance per the rating definitions contained within Combined Technical/Risk Rating table below.

The Government will assign an adjectival rating to Factor 1 using the below descriptions as guidance.

Table 1. Combined Technical/Risk Rating Table

Adjectival Rating Description

OUTSTANDING

Proposal demonstrates an exceptional approach and understanding of the requirements and contains multiple strengths, and/or at least on significant strength, and risk of unsuccessful performance is low.

GOOD

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

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

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

UNACCEPTABLE Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and is unawardable, and/or risk of performance is unacceptably high.

Table 2. Definitions

DEFICIENCY

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

WEAKNESS

Means a flaw in the proposal that increases the risk of unsuccessful contract performance.

SIGNIFICANT

WEAKNESS

Means a flaw that appreciably increases the risk of unsuccessful contract performance.

STRENGTH

Is an aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Regarding evaluation ratings and findings listed above, since it is impossible to anticipate the nature of each Offeror’s proposal in advance or to describe all the qualities and considerations that could result in one of the above definitions, these definitions should be looked upon as examples of typical characteristics, and will be used as a guide or reference rather than a rigid measure to be followed word-for-word. Evaluators will be instructed to select the rating/definition that most closely fits the value or desirability of the Offeror’s proposed performance.

FACTOR 2 – Past and Present Performance:

Past and Present Performance will be evaluated more favorably as Prime Contractor efforts and to determine whether the offeror’s performance is recent and relevant to this effort. For the purposes of this evaluation, the following definitions apply:

Recency – Performance occurring within the last three (3) years from the date of issuance of this solicitation will be considered “Recent”. Reports on contracts with nine months or less of performance will not be considered.

Relevancy – Relevant performance for this acquisition is to have provided similar size, scope, and complexity support as follows:

a. Size will be evaluated based on contract values exceeding $250,000.00 each.

b. Scope will be evaluated based on contract scope performed with similar tasks as described in the PWS.

c. Complexity will be evaluated based on demonstrated capability to recruit, hire, and retain qualified personnel, with similar specialized skill sets as required under this effort.

Second, the past performance evaluation will determine how well the offeror performed on the prior contracts.

This past performance evaluation will not establish, create, or change the existing record and history of the offeror' s past performance on past contracts; rather, the past performance evaluation process shall gather information from customers on how well the offeror performed those past contracts.

In evaluating an offeror’s past performance, the Government may, at its sole discretion, consider information from sources outside the offeror’s proposal. These considered sources will be held to the same parameters of evaluation as the offeror’s provided past performance information. The Government may review Contractor Performance Assessment Reporting System (CPARS) rating on other relevant contractors and may also consider Past Performance Information Retrieval System (PPIRS) ratings, regulatory agency databases, past performance questionnaires, information submitted by each Offeror with its proposal, and other existing past performance information contained in either local or other databases, or from other Government sources or non-Government sources. General trends in a contractor’s performance may also be considered.

If any information obtained results in Unacceptable rating and the offeror has not had an opportunity to respond to the adverse past performance information, the SSEB will prepare an Evaluation Notice (EN) for that offeror. A performance rating will be established for each of those relevant efforts utilizing the same performance rating definitions contained within the CPARS and outlined within Table 3 below.

The Government reserves the right to contact references provided by the offeror, and otherwise verify statements and representations made in the offeror’s proposal but also reserves the right not to contact all references.

Once all data has been gathered, the Government will assign an Acceptable or Unacceptable rating considering the Offeror’s performance. The ratings with definitions that will be utilized are contained within Table 4 below.

Table 3, Factor 2 Past Performance Criteria Rating Table Adjectival Rating Description

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

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

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. 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."

FACTOR 3 - Price: The Government will evaluate the offeror’s price by adding the total Firm-Fixed Price of delivery/task orders 01 and 02 combined to include all option years inclusive of the option at FAR 52.217-8, will be summed. The option provision at FAR 52.217-8 will be calculated by taking 50% of the value of the last year of the ordering period. Travel costs will be proposed on a Firm Fixed Price (FFP) only basis. All proposed prices for the contract will be evaluated for fairness and reasonableness, which may be determined based on prices submitted by the competition, historical pricing, current market conditions, comparison to the Independent Government Estimate, and/or other proposal analysis techniques as described in FAR 15.404-1. The inclusion of option prices in arriving at a "total price" does not obligate the Government to exercise all or any part of the options.

The Government may reject an offer as materially unbalanced if prices for the basic requirement or prices for the option quantities are unreasonable in comparison to each other. An unbalanced offer or proposal is one that is based on prices significantly less than cost for some work and/or significantly overstated for other work.

The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness. A contract will not be awarded to an offeror whose proposed price is not determined reasonable. PLEASE NOTE: The Pricing Spreadsheet MUST be submitted in MS Excel format for the full 5-year period. Submissions of this Attachment in formats other than MS Excel may be grounds for rejection of offer without further consideration or evaluation.

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

(OCT 2020)

(3) 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.

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

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

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

(End of provision)

52.209-7 - 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 proceeding 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).

(End of Provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

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 (SDVOSB) concern means a small business concern—

(1) (i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

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 with 13 CFR 124.1001, 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 the threshold at 13 CFR 124.104(c)(2) 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).