COMBO RFQ.doc

Combined Synopsis/Request for Quote: Appliance Drayage

Appliance Drayage

FA5270-21-Q-A001

(The quote shall remain valid until January 15, 2021.)

1. This is a Combined Synopsis/Solicitation for Appliance Drayage prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation Appliance Drayage is being issued as a Request for Quotation (RFQ). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quote.

This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07 - 02 July 2020; DPN 20200324 - 24 March 2020; and AFAC 2019-1001 – 1 October 2019.

2. The North American Industry Classification System (NAICS) code is 484210. This requirement will utilize full and open competition and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition.

3. Offerors must be registered in the System for Award Management (betaSAM) at http://www.beta.sam.gov/, in order to be considered for award. A current copy of a prospective awardee’s Reps and Certs will be validated using the SAM website prior to the issuance of an award.

4. For information regarding the service acceptor or point of acceptance, please refer to 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) (incorporated by full text) below.

5. The following commercial provisions and clauses are applicable to this acquisition:

52.212-1 Instructions to Offerors-Commercial Items (June 2020) and its addendum on page 5 of this solicitation, 52.212-2 Evaluation-Commercial Items (Oct 2014) and its addendum on page 6 of this solicitation, 52.212-3 Offeror Representations and Certifications-Commercial Items (June 2020), 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) and its addendum on page 8 of this solicitation, and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2020).

6. Except for what’s listed within this Combined Synopsis/Solicitation, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with commercial practices.

7. This notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered.

8. Site visit will be conducted will be held upon request on 19 November 2020. If no request is received, no site visit will be held. Please be present in front of building 99 no later than 0900 hrs. In case of inclement weather, it will be rescheduled. Due to COVID-19 restrictions, site visit may be cancelled.

9. Please respond to this RFQ by emailing response to: Narimitsu Higa E-mail: narimitsu.higa.jp@us.af.mil no later than no later than December 2, 2020 13:00 JST.

It is the vendor’s responsibility to monitor the Beta-SAM system for amendments issued in reference to this requirement. Any potential amendments will be posted in the same fashion as the solicitation. All Contractors who provide goods/services to the DoD must be registered in the System for Award Management (SAM). Failure to comply with SAM registration will deem the Offeror ineligible for award. Please email Narimitsu Higa with additional questions at the above noted email address.

Please provide a completed copy of the price exhibit (Attachment 1). Failure to provide prices on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of discussions.

10. PLEASE PROVIDE THE INFORMATION BELOW:

Company Name: ______________________________________________________________________________

Address: ______________________________________________________________________________

DUNS #:________________________ Required Cage Code #:______________________

POC:

Telephone #:______________________________

Email Address:________________________________

Tax ID #:____________________________________

Warranty Information:_______________________

Payment Terms:____________________________________

Table 1 - Schedule of Services

Total

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY20 Base Year Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY20 Base Year

Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY20 Base Year

Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY20 Base Year

Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY20 Base Year

Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY20 Base Year

Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY21 Option Year 1 Period of Performance: 1 Apr 2021 - 31 March 2022 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY22 Option Year 2 Period of Performance: 1 Apr 2022 - 31 March 2023 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY23 Option Year 3 Period of Performance: 1 Apr 2023 - 31 March 2024 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.1 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.2 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.3 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.4 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.5 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

FFP

IAW PWS 1.1.6 dated 18 Jun 2020.

FY24 Option Year 4 Period of Performance: 1 Apr 2024 - 31 March 2025 FOB: Destination

TOTAL AMOUNT:

11. PROVISIONS/CLAUSES

The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation: It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at: https://www.acquisition.gov/ (For full text references, go to the link above.)

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(i)In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

ADDENDUM TO FAR 52.212-1,

INSTRUCTIONS TO OFFERORS - -COMMERCIAL ITEMS (March 2020)

(a) Paragraphs 52.212-1(b), “Submission of offers,” and 52.212-1(f), “Late submissions, modifications, revisions, and withdrawals of offers,” are deleted in their entirety and replaced with 52.215-1(c), “Submission, modification, revision, and withdrawal of proposals,” by reference.

(b) Paragraph 52.212-1(c), “Period for Acceptance of Offers,” is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.”

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

“(m) Proposal Preparation Instructions.

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of four (3) separate parts; Part I - Summary and Miscellaneous Data, Part II - Price Proposal, Part III - Technical Proposal.

B. Specific Instructions:

1. PART I – SUMMARY AND MISCELLANEOUS DATA. Submit 1 original copy.

(a) The offeror shall provide a concise summary and master table of contents of the entire proposal.

(b) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, along with the proposal. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

(c) Submit an acknowledgment of the all solicitation amendments, if issued.

2. PART II – PRICE PROPOSAL - Submit 1 original copy.

(a) This Part shall contain a completed Table 1- Schedule of Services.

(b) Insert proposed unit price(s) and extended amount(s) in the schedule of services. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

c) Extreme care should be exercised to ensure that no price data of any kind are included in any other part of the proposal.

3.

PART III – TECHNICAL PROPOSAL - Submit 1 original copy.

Subfactor 1 – Past Performance

(a) Quoters shall use the solicitation Attachment-4 (Past and Present Performance Information List) and Attachment 5 (Past and Present Performance Questionnaire) for submission of their quotation.

(b) Past and Present Performance Information: Provide a list of no more than five, of the most recent/relevant contracts performed for U.S. Department of Defense and U.S. Federal agencies within the last three years from the date of issuance of this solicitation, that are similar scope,complexity, and dollar amount to the Appliance Drayage as stated in the Performance Work Statement of this solicitation. Furnish the following information for each contract listed:

Furnish the following information for each contract listed:

(i) Type of Contract

(ii) Contactor Address/Organization

(iii) Period of Performance

(iv) Contract Dollar Value

(v) Point of Contact

(vi) Telephone Number

(vii) Email Address

(c) Documents submitted in response to this RFQ must be consistent with the following:

1. Requirements of the solicitation (CLINs and PWS) and government standards and regulations pertaining to the PWS.

2. FAR 52.212-2, Evaluation – Commercial Items, of this solicitation.

(End of Addenda)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors will be used to evaluate offers:

(1) Price

(2) Past Performance

Past Performance is approximately equal to price.

(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 will 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, will 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.

(End of Provision)

Addendum to 52.212-2, Evaluation -- Commercial Items.

“(d) BASIS FOR CONTRACT AWARD: This is a competitive Performance Price Trade-Off selection in which competing offerors past performance history will be evaluated on a basis approximately equal to price. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract. All technically acceptable offers shall be treated equally except for their prices and performance records. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors or subfactors. All technically acceptable offers will be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined unacceptable. The government reserves the right to award a contract to other than the lowest Total Evaluated Price (TEP), if the difference in the Past Performance Confidence Rating of another offeror justifies the higher price premium. The evaluation process will include the following:

(1) Price Evaluation Factor. The government will rank all offers by price, including all option prices. The price evaluation will document the fairness and reasonableness of the total evaluated price (TEP). The government reserves the right to perform price realism analysis.

Total Evaluated Price: A TEP will be computed for each offer in order to meet the requirements of FAR Parts 6 and 17. The price of a six-month extension authorized by 52.217-8, Option to Extend Services, will be added to the proposed price for each potential contract performance period.

The TEP is a two-part computation. First, the offeror’s total proposed price will be determined by multiplying the quantities identified in Table 1 – Schedule of Services by the unit price, limited to two decimal places, for each Contract Line Item Number (CLIN) to confirm the extended total amount for each CLIN; the sum of all extended amounts will be the offeror’s total proposed price. Second, the total proposed price (total amount for CLINs 0001 – 4001) plus the sum of Option to Extend Services clause 52.217-8 formula (shown below) will constitute the TEP.

The formula for the Option to Extend Services amount is as follows:

Base Year = CLIN Unit Amount x 0.5*

Option Year 1 = CLIN Unit Amount x 0.5*

Option Year 2 = CLIN Unit Amount x 0.5*

Option Year 3 = CLIN Unit Amount x 0.5*

Option Year 4 = CLIN Unit Amount x 0.5*

Note: *0.5 is the multiplicative factor used to derive the six months quantity value. If the period of performance is delayed, the multiplicative factor will be adjusted in cases where the the period of performance is less than 12 months.

Evaluating the Option CLINs does not obligate the government to exercise the Options.

(3) Past Performance Factor. The government will evaluate recent and relevant performance information on all offerors based on (i) the references provided by the offeror and (ii) any data independently obtained by the government. If a reference identified by the offeror in accordance with 52.212-1(m)B.4(c), does not submit a survey/questionnaire, the government will follow up with the reference POC, but it is not responsible for the failure of a reference POC to provide a survey/questionnaire.

(A) Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation.

(B) Relevant contracts performance effort involved similar scope, magnitude of effort, and complexities to that required by this solicitation. The government will assess relevancy for each contract and assign a rating as described in Table 2 below:

Table 2. Past Performance Relevancy Ratings

(C) Performance Quality Assessment: For each of the recent past performance information reviewed, the performance quality of work will be assessed based on the (i) the evaluation ratings in the Contracting Performance Assessment Reporting System (CPARS) and (ii) the evaluation ratings in the Federal Past Performance Information Retrieval System (PPIRS), if available.

(D) The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the offeror’s ability to meet the solicitation requirements based on the offeror’s demonstrated record of performance. The assessment process will result in an offeror’s overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence. Offerors with no recent past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned will receive the rating “Unknown Confidence,” meaning the offeror is treated neither favorably nor unfavorably (neutral). As a result of the relevancy and performance quality assessments, offerors will receive an integrated past performance confidence assessment rating as described in Table 3 below:

TABLE 3. Past Performance Confidence Assessment Ratings

Note: In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

(4) The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(5) Integrated Assessment. The government reserves the right to award a contract to other than the lowest price offer if the difference in the Past Performance Confidence Rating of another offeror justifies the higher price premium. In that event, the Source Selection Authority will make an integrated assessment best value award decision using the TEP and the Past Performance Confidence Rating.”

(End of Addendum)

ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

Paragraph (k) is changed to read: Tax Exemption Certificate

(End of Addendum)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.