Combined Synopsis Solicitation HT941024Q2098.docx

RFQ No. HT941024Q2098 Issue Date:

Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This enclosure is an addendum to FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, which applies to this acquisition. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-06 effective 08/29/2024 and Defense Federal Acquisition Regulation Supplement (DFARS) change 20240815.

Competitive quotes are being requested under Request for Quote (RFQ) Number HT941024Q2098. The North American Industry Classification System (NAICS) code applicable to this acquisition is 325210 Industrial Gas Manufacturing and the small business size standard is 1,200 (# of employees). This procurement is a 100% Total Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government. Any quote that is submitted by a non-Small Business Concern will not be considered for award.

DESCRIPTION OF REQUIREMENTS

The Government is seeking to acquire medical gas cylinder services/supplies for Naval Hospital Bremerton. The contractor shall fill Leased/Government owned cylinders with medical-grade cylinder gases, furnish medical grade solids, and provide delivery/ pick-up services to the following locations: U.S. Naval Hospital Bremerton Branch Health Clinic, Everett Branch Health Clinic, Bangor Puget Sound, and Naval Shipyard Clinic (PSNS). The gases/solids include compressed Medical Air USP, Oxygen USP, Carbon Dioxide USP, Nitrogen NF, Nitrous Oxide USP, Helium USP, Lung Diffusion Mixtures, Liquid Oxygen, Dry Ice, and may include others gases requested by requiring activity. The anticipated period of performance is for a base with 4 option periods.

MEDICAL GASES FOR US NAVAL

HOSPITAL BREMERTON

QTY:

DIOXIDE UN1013 2.2 NON- FLAMABLE

GAS

HEALTH CLINIC EVERETT

FAMILY MED HOME BANGOR

DIOXIDE UN1013 2.2 NON- FLAMABLE

GAS

PSNS BRANCH HELATH CLINIC

*If not included in item price.

The expected delivery date is 30 Days after receipt of order (ARO). The Government is seeking Free on Board (FOB) Destination pricing to the following shipping address:

Pick up/ Deliver Location:

Frank Sandoval, 360-475-4498 US NH Bremerton 1 Boone Rd.

Bremerton WA 98312

Madeleine Howe, 360-315-6004 Branch Health Clinic Bangor 2050 Barb St. A Silverdale, WA 98315

PO2 Daniel SierraPerez, 360-476-6872 PSNS Branch Health Clinic 1400 Farragut Ave Bremerton, WA 98337

LS1 Gerard Vidaure, 425-304-4074 Branch Health Clinic Everett 2000 W. Marine Dr.

BLDG 210

Everett WA 98207

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEPT 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

(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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

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

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

(k) [Reserved]

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

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

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

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

(4) A summary of the rationale for award;

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

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

Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services The Government intends to award a firm-fixed-price (FFP) contract resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all of the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award.

OFFERORS INSTRUCTIONS

Quoters are instructed to electronically submit their technical and past performance quotation in separate files, formatted in Portable Document Format (PDF) with a .pdf file extension as follows:

DUE DATE AND SUBMISSION INFORMATION

Eligible Offerors: All offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means offerors shall have registered CAGE and DUNS Codes.

Page Limitations: Ensure to stay within the page limitations as follows: N/A

Formatting Requirements: Submit quotes in electronic PDF or Excel format; and text shall be formatted on an 8 ½ by 11 inch page in 12 point Times New Roman font.

Questions Due Date and Submission Requirements: All questions must be received before 18 SEP 2024 at 2:00 PM, Pacific Time. Questions must be submitted by email to nickolas.e.romero.civ@health.mil include RFQ#: HT941024Q2098 on the subject line in all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on 20 SEP 2024 at 2:00 PM, Pacific Time. Electronic Submission of Quotes: Quotations shall be submitted electronically and must be received no later than 2:00 PM PST on 20 SEP 2024 to nickolas.e.romero.civ@health.mil. Reference solicitation no: HT941024Q2098.

- FACTOR 1: Technical Capability:

Service Ability to meet the statement of work shall be demonstrated by the offeror’s submission of a document that addresses how they will accomplish all Service requirements under Exhibit A as noted in the SOW. The Quoter shall submit a document, not to exceed two (2) pages, demonstrating the Quoter’s technical capability to perform the required services in accordance with the SOW.

Offerors are cautioned against restating SOW requirements in their proposal, particularly with regard to technical requirements; and must state how all requirements will be met. Statements such as "the offeror understands" and "the offeror shall/can comply", along with reference or industry references does not reflect that the offeror understands the requirements and will likely result in a diminished evaluation rating.

Supply The quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

- FACTOR 2: Past Performance:

The Quoter shall use Attachment 2 (Past Performance Questionnaire) to provide completed references for two (2) projects where you have provided RECENT and RELEVANT performance of the same or similar services required in this solicitation within the past three (3) years from the date of issuance of this RFQ. Past performance will be evaluated based on information from references provided and from authorized Government past performance systems and resources, including the Contractor Performance Assessment Rating System (CPARS).

RECENT is defined as services performed within the past three (3) years from the date of issuance of this RFQ. RELEVANT is defined as services the same as or similar to the services specified in the Statement of Work (SOW). Past performance information not meeting the above criteria will not be used for evaluation.

Quoters are instructed to electronically submit their pricing quotation in a separate file, formatted in Portable Document Format (PDF) with a .pdf file extension and a spreadsheet file with a .xlsx extension:

- FACTOR 3: Price:

The Quoter shall use Attachment 3 (Quote Sheet) to submit a firm-fixed-price for all contract line item numbers (CLINs) identified. Attachment 3 (Quote Sheet) shall be completed and signed, with acknowledgment of all amendments to the solicitation. No attempt to reformat or remove cells is authorized. Submission of pricing data shall be complete and accurate. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award.

- Completed Provisions:

Quoters shall be registered in the System for Award Management (SAM) with the appropriate NAICS code and completed representations and certifications and shall not have any active exclusions listed within SAM. Additionally, the Quoter shall include one (1) copy of the following FAR provision(s) located within this RFQ that shall be completed and included with the quote:

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

LATE SUBMISSIONS MAY NOT BE CONSIDERED.

It is a Quoter’s responsibility, when transmitting its quote electronically, to ensure the quote’s timely delivery by transmitting the quote sufficiently in advance of the time set for receipt of quotes to allow for timely receipt by the Government no later than the date and time stated in this RFQ. Quoters shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. A Quoter risks the late receipt and rejection of a quote where it delays transmitting its quote until the last few minutes before the time set for receipt of quotes. Quotes that are received after the date and time stated in this RFQ will not be considered except at the discretion of the Contracting Officer; the Contracting Officer reserves full discretion to accept any late quotes at any time prior to award if it serves the best interest of the Government.

Quoters are responsible for submitting their quote in the format specified, consistent with requirements stated elsewhere in this RFQ. Quoters are asked to submit only the information required. Files that cannot be opened or are otherwise missing the required content are the responsibility of the Quoters. Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such quotes from consideration for award.

(End of provision)

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

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

(1) Technical Capability

(2) Past Performance

(3) Price

Technical Capability will be rated on an Acceptable/Unacceptable basis, and Past Performance will be approximately equal to price. Comment by Michelle: Edit/delete, depending on whether technical is more important than price (tradeoff) or approximately equal to price (LPTA).

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

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

Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services

The following is inserted as new paragraph (d) of the provision:

(d) EVALUATION FACTORS FOR AWARD The Quoter’s technical capability will be evaluated to determine if it is acceptable or unacceptable in accordance with the evaluation criteria stated in this RFQ. If a Quoter’s technical capability is determined to be unacceptable, the Quoter will no longer be considered for award. Award will be made to the Quoter providing a quote that is deemed most advantageous to the Government, whose technical capability has been determined to be “Acceptable”. Past Performance will be approximately equal to price. Comment by Michelle: Edit/delete, depending on whether technical is more important than price (tradeoff) or approximately equal to price (LPTA).

The Government intends to award based on initial quotes. Notwithstanding this intent, the Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the Government, a matter within their discretion.

FACTOR 1: TECHNICAL CAPABILITY:

The Government will use the following ratings/descriptions in Table 1 when evaluating technical capability:

Table 1. Technical Capability Ratings

FACTOR 2: PAST PERFORMANCE:

The Government will evaluate past performance by reviewing the Quoter’s submitted past performance information and information from other sources that may include, but are not limited to, Government personnel and information retrieved through CPARS.

The past performance evaluation will result in an integrated assessment of the Quoter’s probability of successfully performing the RFQ requirements. The past performance evaluation considers each Quoter’s demonstrated recent and relevant record of performance in performing services the same as or similar to the services specified in the PWS. The Government will consider the relevance of the information, the source of the information, context of the data, and general trends in the Quoter’s performance.

The Government will use the following relevancy definitions in Table 2 when determining relevant past performance:

Table 2. Relevancy

FACTOR 3: PRICE:

The Government will evaluate the quoted price for price reasonableness. The following price analysis techniques may be used to ensure a fair and reasonable price:

- Comparison of quoted prices received in response to the solicitation.

- Comparison of quoted prices with the independent Government estimate.

- Comparison of quoted prices with available historical information.

The quoted price will be evaluated for the entire effort, inclusive of all options. Evaluation of options shall not obligate the Government to exercise the option(s).

Price must be determined fair and reasonable in order to be eligible for award. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. A price that is found to be unreasonably high may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall quote not being considered for award.

(End of provision)

The current version of the following FAR, DFARS, and DHA provisions (as of the date of this RFQ) incorporated by reference, apply to this acquisition

52.204-7, System for Award Management (October 2018) 52.204-16, Commercial and Government Entity Code Reporting (August 2020) 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26, Covered Telecommunications Equipment or Services- Representation (OCT 2020) 52.212-1, Instructions to Offers – Commercial Items (NOV 2021) 52.212-2 Evaluation- Commercial Items (NOV 2021) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (May 2022) 52.212-3, Alternate 1, Offer Representation and Certifications – Commercial Items (May 2022) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation (DEC 2019) 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Representation (DEC 2019) 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (SEP 2019) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022) 252.225-7974 - REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-

O0005) (FEB 2020)

252.239-7017 Notice of Supply Chain Risk (FEB 2019) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (NOV 2021)

52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current

(End of provision)

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

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause) PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 1

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

L.[X].1 The Offeror’s attention is directed to FAR, Part 3 and DFARS, Part 203, “Improper Business Practices and Personal Consultant Conflicts of Interest.”

L.[X].2 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

(End of provision)

L.[X].3 Use of Former DoD/Defense Health Agency (DHA) Employees and Uniformed Service Members in Proposal Preparation. The involvement of a former DoD/DHA employee/member in an offeror’s proposal preparation may give rise to an unfair competitive advantage or the appearance thereof, if the former DoD/DHA employee/ member acquired non-public, competitively-useful information in his or her former position. Such knowledge could include proprietary information of competitor’s performance on past or current contracts with similar requirements or source selection sensitive information pertaining to this procurement. Consequently, the Offeror must notify the Contracting Officer prior to the involvement in the proposal preparation by a former DoD/DHA employee/member reasonably expected to have had access to such information. Based on the notification, the Contracting Officer will make a determination whether involvement of the former DoD/DHA employee/member in proposal preparation could create an unfair competitive advantage or appearance thereof. The Contracting Officer will further determine whether any mitigation measures taken or proposed by the offeror are adequate to alleviate this concern or whether the offeror will be disqualified from the competition. Failure to comply with these procedures may result in the offeror’s disqualification for award.

(End of provision)

The current version of the following FAR and DFARS clauses (as of the date of this RFQ) incorporated by reference, apply to this acquisition:

52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-18, Commercial and Government Entity Code (AUG 2020) 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 2021) 52.219-6 Notice of Total Small Business Set-Aside (OCT 2020) (DEVIATION 2020-O0008) 52.219-14 Limitation on Subcontracting (SEP 2021) (DEVIATION 2020-O0008) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021) 252.211-7003 Item Unique Identification and Valuation (MAR 2016) 252.211-7008, Use of Government-Assigned Serial Numbers (SEP 2010) 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7001, Buy American and Balance of Payments Program—Basic (JUN 2022) 252.225-7012, Preference for Certain Domestic Commodities (APR 2022) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006, Wide Area WorkFlow Payment Instructions (DEC 2018) 252.232-7010, Levies on Contract Payments (DEC 2006) 252.232-7017, Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration (APR 2020) 252.244-7000, Subcontracts for Commercial Items (JAN 2021) 252.246-7008, Sources of Electronic Parts (MAY 2018) 252.247-7023, Transportation of Supplies by Sea- Basic (FEB 2019)

52.252-2, Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

The FAR provisions, clauses and deviations can be accessed in full text at https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars

(End of clause)

52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

PD 03-03 Rev 000 - Improper Business Practices & Personal Conflicts of Interest – Enclosure 2

H.[X] IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

H.[X].1 DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—

(1) Leaves or left DoD service on or after January 28, 2008; and

(2) (i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service; without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c)

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items, applies to this acquisition and includes the following clauses by reference:

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) with Alternate I (Oct 1995) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

52.219-8, Utilization of Small Business Concerns 52.219-9, Small Business Subcontracting Plan 52.219-28, Post-Award Small Business Program Representation 52.222-3, Convict Labor 52.222-19, Child Labor- Cooperation with Authorities and Remedies (DEV 2020-O0019 Revision 1) 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33, Payment by Electronic Funds Transfer- System for Award Management

RFQ ATTACHMENTS

· Representations & Certifications 52.204-24_Check and Sign (OCT 2020)

· Representations & Certifications 52.204-26_Check and Sign (OCT 2020)

· Representations & Certifications 252.204-7016 (DEC 2019) & 252.204-7017(DEC 2020)

· Representations & Certifications 252.225-7974 (DEV 2020-O00005