Combined Synopsis Solicitation_S2 SCIF Room_V02.pdf

Combined Synopsis/Solicitation Number: W912HQ-21-Q-0005 – Request for Offers

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.603 – Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, dated 10 March 2021.

The requirement is for a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside under North American Industry Classification System (NAICS) code 561621 Security Systems Services (except Locksmiths). The size standard for this NAICS code is $22M.

Description: This is a new requirement for supplies and incidental services to convert a generic office into a secure open storage room Sensitive Compartmented Information Facility (SCIF) for a Secure Internet Protocol Router (SIPR) Network at the 249th Engineer Battalion headquarters on Fort Belvoir, VA.

Contract Type: Firm-Fixed-Price (FFP) purchase order.

Contract Line Items: This requirement and associated contract line item numbers (CLINs) is provided below:

CLIN# Description Quantities Units of Measure

Unit Price Total

0001 S2 SCIF Room – Materials

This contract line item number (CLIN) is only for supplies and materials to convert a generic office into a secure open storage room Sensitive Compartmented Information Facility (SCIF) for a Secure Internet Protocol Router (SIPR) Network at the 249th Engineer Battalion headquarters on Fort Belvoir, VA. All work performed under this CLIN shall be in accordance with the Statement of Work and terms and conditions of the contract.

1 Job

0002 S2 SCIF Room – Direct Labor

This contract line item number (CLIN) is only for incidental direct labor to convert a generic office into a secure open storage room Sensitive Compartmented Information Facility (SCIF) for a Secure Internet Protocol Router (SIPR) Network at the 249th Engineer Battalion headquarters on Fort Belvoir, VA. All work performed under this CLIN shall be in accordance with the Statement of Work and terms and conditions of the contract.

1 Job

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation on the basis of the lowest evaluated price of responsible offers whose product/service meets the requirements as listed in the statement of work.

Offerors must submit the following documents for this solicitation:

1. A priced offer in adequate detail to show the price breakdown of materials/supplies and labor along with a summary using the CLIN structure in this solicitation.

2. A technical description that meets all of the requirements and objectives of the statement of work. The technical description should be less than 20 pages and not include any pricing information (page count does not include technical drawings or the warranty listed below).

3. A written warranty for all part and labor for at least one year.

4. Technical Drawings (i.e.: PDF CAD, or similar) that accurately reflects your proposal.

5. Past Performance. Offerors shall list a maximum of three contracts or subcontracts completed or on-going within the last three years from the release date of this solicitation. Offerors shall also explain how each contract/subcontract is relevant to this effort and indicate which contracts, if any, have completed evaluations in the Contractor Performance Assessment Reporting System (CPARS). A point of contact for each referenced contract/subcontract must be provided along with the following contact information: Name, title, email address, and phone number. If an offeror does not have a record of performing any relevant contracts/subcontracts or information regarding relevant contracts/subcontracts is not available, the offeror shall submit a formal statement that no past performance information relevant to this effort is available. The past performance information should be less than 20 pages.

6. 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.

Offerors are required to be actively registered with the System for Award Management (SAM) at www.sam.gov prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Delivery Date: No later than 60 days from notification of award.

Place of Performance: 9450 Jackson Loop Building 1418, Room 225 Fort Belvoir, VA 22060

Date, Time, and Place Offers are Due: The closing date for the delivery of a response to this combined synopsis/solicitation is on or before 5:00 pm Eastern Time (ET), on 15 July 2021.

Offers shall be e-mailed to the Point of Contact (POC) shown below by the closing date and time. It is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time.

http://www.sam.gov/

Requests for Clarification: All clarification requests/questions regarding this solicitation are due by 5:00 pm ET, on 9 July 2021. Requests for clarification shall be e-mailed to the POC shown below by the closing date and time. It is the offeror’s responsibility to ensure that the transmission is received by the Government prior to the closing date and time. Telephone requests for clarification will not be accepted.

POC for Offer Submissions and Requests for Clarification:

POC: Derek Mazza Address: 7701 Telegraph Road, Alexandria, VA 22315 Email: derek.a.mazza@usace.army.mil

Site Visit: A site visit for Room 225, Building 1418, on Fort Belvoir, VA, will be held from 8:00 am to 12:00 pm ET on 8 July 2021. To access Fort Belvoir, interested vendors will need to stop at the Fort Belvoir Visitor Center near Tulley Gate to get access. The site visit address and POCs for any issues with obtaining base access or directions are listed below.

Site Visit Address 9450 Jackson Loop Building 1418, Room 225 Fort Belvoir, VA 22060

Site Visit Primary POC SSG Jaramie Mays jeramie.d.mays.mil@mail.mil O: 571-515-0128 C: 253-886-9143

Site Visit Alternate POC CPT Greg Sacenti Gregory.g.sacenti.mil@mail.mil O: (571) 515-0143 C: (413) 519-0929

DO NOT SUBMIT OFFERS OR REQUESTS FOR CLARIFICATION TO THE SITE VISIT

POCS. DO NOT COPY SITE VISIT POCS ON ANY OFFERS OR REQUESTS FOR

CLARIFICATION.

ANY OFFERS OR REQUESTS FOR CLARIFICATION SUBMITTED TO THE SITE VISIT

POCS MAY BE EXCLUDED FROM CONSIDERATION.

mailto:derek.a.mazza@usace.army.mil mailto:jeramie.d.mays.mil@mail.mil mailto:Gregory.g.sacenti.mil@mail.mil

STATEMENT OF WORK

“S2 SCIF Room”

249TH ENGINEER BATTALION, FORT BELVOIR, VA 22060

1 July 2021

1. GENERAL: This is a statement of work to convert a generic office into a secure open storage room Sensitive Compartmented Information Facility (SCIF) for a Secure Internet Protocol Router (SIPR) Network at the 249th Engineer Battalion headquarters on Fort Belvoir, VA.

2. DESCRIPTION: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, worker insurance, and other items and non-personal services necessary to perform he work as defined in this Statement of work. The contractor shall perform to the standards in this contract and offer a warranty.

3. BACKGROUND: The 249th Engineer Battalion military intelligence office requires a secure room to conduct business over the SIPR Network in Room 225, Building 1418.

4. OBJECTIVES:

a. SCIF SIPR Room must adhere to the Technical Specifications for Construction and Management of Sensitive Compartmented Information Facilities Version 1.5.

b. SCIF SIPR Room adhere to the Intelligence Community Directive (ICD) 705 and Intelligence Community Standard (ICS) 705-1, and ICS 705-2.

c. SCIF SIPR Room must have sound control security designed to protect sensitive information.

d. SCIF SIPR Room must have an Intrusion Detection System.

e. SCIF SIPR Room exterior wall must have a two-factor authentication Smart Card / Pin reader for access installed.

f. Minor variations in the size, dimensions, and specs of materials listed are acceptable, but specifications and/or drawing submissions must match the contractor’s proposal.

5. SCOPE: The contractor shall:

a. Meet all objectives as defined in this statement of work.

b. Provide all necessary and insured manpower to carry out the job.

c. Provide all parts and labor warranty for at least 1 year.

d. Provide transportation to and from Fort Belvoir, VA.

e. Where applicable, all materials must be Underwriters Laboratories (UL) certified.

f. Exterior Wall:

a. Two-Factor authentication wall mount with keypad and embedded smart card reader for personal pin and DoD Common Access Card.

g. Sound Dampening:

a. A sound dampening solution should be installed around the edges of the entry door.

h. Intrusion Detection System:

a. Must include Balanced Magnetic Switch (BMS) contact alarms on all exterior doors.

b. Motion Detection has to be installed to cover 100% of the interior area to be protected.

6. USG: The US Government will not furnish any items, property, or services. The US Government will ensure Room 225, Building 1418, on Fort Belvoir is unlocked and open for construction during the normal duty hours of 9am-5pm daily, excluding weekends and Federal holidays.

7. Delivery Date: No later than 60 days from notification of award.

8. SECURITY REQUIREMENTS: N/A. Contractor must ensure employees have Fort Belvoir base access approval from the Visitor Center and Provost Marshall’s office.

9. POINT OF CONTACT: CPT Gregory G. Sacenti, BN Logistics Officer (S4), at gregory.g.sacenti.mil or (571) 515-0143.

SOLICITATION PROVISIONS:

The following provisions and clauses are applicable to this solicitation and can be found in full text at www.acquisition.gov/far or http://farsite.hill.af.mil :

52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 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 52.204-22 Alternative Line Item Proposal 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment 52.212-1 Instructions to Offerors—Commercial Items 52.212-2 Evaluation—Commercial Items 52.212-3 Offeror Representations and Certifications—Commercial Items 52.212-4 Contract Terms and Conditions—Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated by Reference 52.252-6 Authorized Deviations in Clauses 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7016 Covered Defense Telecommunications Equipment or Services--

Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense

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

Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.204-7022 Expediting Contract Closeout 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk

System in Past Performance Evaluations 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7001 Buy American and Balance of Payments Program--Basic 252.225-7012 Preference for Certain Domestic Commodities 252.225-7048 Export-Controlled Items 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

252.227-7015 Technical Data--Commercial Items http://www.acquisition.gov/far http://farsite.hill.af.mil/

252.227-7037 Validation of Restrictive Markings on Technical Data 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items 252.246-7008 Sources of Electronic Parts 252.247-7023 Transportation of Supplies by Sea--Basic

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders. The following FAR Clauses cited within 52.212-5 are applicable to this acquisition):

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns 52.219-6 Notice of Total Small Business Set-Aside (See full text DFARS

Deviation Below) 52.219-6 Alt I Alternate I of 52.219-6 52.219-6 Alt II Alternate II of 52.219-6 52.219-13 Notice of Set-Aside of Orders 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (See full text DFARS Deviation Below) 52.219-28 Post Award Small Business Program Rerepresentation 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program 52.219-33 Non-Manufacturer Rule 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and Remedies (See full text DFARS Deviation Below) 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

52.222-54 Employment Eligibility Verification 52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act 52.225-3 Alt I Alternate I of 52.225-3 52.225-3 Alt II Alternate II of 52.225-3 52.225-3 Alt III Alternate III of 52.225-3 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.239-1 Privacy or Security Safeguards 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-51 Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations

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 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 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 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 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

(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)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

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/

52.252-2 Clauses Incorporated by Reference.

https://www.acquisition.gov/far/part-52#FAR_52_107

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

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):

(End of clause)

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

(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 (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

Insert the following clause in solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set aside for any of the small business concerns identified in 19.000(a)(3), as described in 8.405-5 and 16.505(b)(2)(i)(F):

Notice of Total Small Business Set-Aside (OCT 2020) (DEVIATION 2020-O0008)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, unless the Small Business Administration has waived the requirements of paragraphs (d)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(DEVIATION 2020-O0008).

Insert the following clause in solicitations and contracts for acquisitions that are set aside for, or awarded on a sole source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one service-disabled veteran-owned small business contractor in accordance with 19.504(c)(1)(ii):

Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (DEVIATION 2020-O0008)

(a) Definitions. As used in this clause—

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns;

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to service-disabled veteran-owned small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns.

Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, a service-disabled veteran-owned small business concern agrees that in the performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A service-disabled veteran-owned small business concern shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (b)(1) and (2) of this clause—

[Contracting Officer check as appropriate.]

By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(g) Joint venture. A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of 13 CFR 121.103(h).

(4) The joint venture meets the requirements of 13 CFR 125.15(b).

(h) Nonmanufacturer.

(1) Unless SBA has waived the requirements of paragraphs (h)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a service-disabled veteran-owned small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (h)(1) through (2) of this clause do not apply to construction or service contracts.

52.222-19 Child Labor—Cooperation with Authorities and Remedies.

(DEVIATION 2020-O0019)

Use the following clause in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.

• When using the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, as prescribed in 12.301(b)(4), in lieu of checking the box at paragraph (b)(28) to indicate that FAR clause 52.222-19, Child Labor—Cooperation with Authorities and Remedies, is applicable to the contract and incorporated by reference, insert the following clause in full text.

• When using the clause at FAR 52.213-4, Terms and Conditions—Simplified Acquisitions (Other than Commercial Items), as prescribed in 13.302-5(d), in lieu of incorporating by reference when applicable the clause at paragraph (b)(1)(ii), 52.222-19, Child Labor— Cooperation with Authorities and Remedies, insert the following clause in full text in contracts for supplies exceeding the micro-purchase threshold.

Child Labor—Cooperation With Authorities and Remedies (DEVIATION 2020-O0019) (JUL 2020)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

52.212-2 EVALUATION--COMMERCIAL ITEMS

(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:

Factor 1 – Technical. This factor evaluates the offer’s proposal to determine if it meets the requirements of the statement of work and solicitation.

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Definition Acceptable Proposal meets the requirements of the statement of work and solicitation.

Unacceptable Proposal does not meet the requirements of the statement of work and solicitation.

Factor 2 – Past Performance. This factor evaluates the offer’s past performance record in the Supplier Performance Risk System (SPRS). This factor also evaluates the past performance included in the offeror’s proposal for relevant contracts (up to three) within the last three years from this combined synopsis/solicitation’s release date.

Past Performance Evaluation Ratings Rating Definition 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 be able to successfully perform the required effort.

Factor 3 – Price. This factor will use price analysis to determine the total evaluated price in order to support the selection of the lowest priced, technically acceptable proposal. The offeror’s price proposal will be evaluated using the price analysis techniques described at FAR 13.106-3(a) to determine which proposal offers the total evaluated lowest price to the Government.

(b) 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.

Addenda to 52.212-1, Instructions to Offerors – Commercial

Along with the required information outlined in 52.212-1(b), Submission of offers, the offeror shall provide the following information:

1. A priced offer in adequate detail to show the price breakdown of materials/supplies and labor along with a summary using the CLIN structure in this solicitation.

2. A technical description that meets all of the requirements and objectives of the statement of work. The technical description should be less than 20 pages and not include any pricing information (page count does not including technical drawings or the warranty).

3. A written warranty for all part and labor for at least one year.

4. Technical Drawings (i.e.: PDF CAD, or similar) that accurately reflects your proposal.

5. Past Performance. Offerors shall list a maximum of three contracts or subcontracts completed or on-going within the last three years from the release date of this solicitation. Offerors shall also explain how each contract/subcontract is relevant to this effort and indicate which contracts, if any, have completed evaluations in the Contractor Performance Assessment Reporting System (CPARS). A point of contact for each referenced contract/subcontract must be provided along with the following contact information: Name, title, email address, and phone number. If an offeror does not have a record of performing any relevant contracts/subcontracts or information regarding relevant contracts/subcontracts is not available, the offeror shall submit a formal statement that no past performance information relevant to this effort is available. The past performance information should be less than 20 pages.

6. 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.