Combo Solicitation - FVAP IDIQ.pdf

Department of Defense

Defense Human Resources Activity

Request for Quotation - H9821024R0003

Federal Voting Assistance / Integrated Outreach Support IDIQ

Issuing Office: Defense Human Resources Activity (DHRA)

4800 Mark Center Drive, Suite. 06J25

Alexandria, Virginia, 22350-1300

Agency Contacts: Joel Auer, Contract Specialist

Email: joel.d.auer.civ@mail.mil

And

Charles M. Carnley, Contracting Officer

Email: charles.m.carnley.civ@mail.mil

1. The Defense Human Resources Activity (DHRA) on behalf of the Defense Support Service Center

(DSSC), intends to establish a Firm Fixed Price (FFP) single award Indefinite Delivery Indefinite

Quantity (IDIQ) contract for Federal Voting Assistance and Integrated Outreach Support Services.

2. General Information

Notice Type: Combined Synopsis/Solicitation

H9821024R0003

Federal Voting Assistance and Integrated Outreach Support

3 November 2023

13 November 2023 by 1300 EST

5 December 2023 by 1300 EST

15 January 2024

Small Business Set-Aside

541613 – Marketing Consulting Services

Solicitation Number:

Title:

Posted Date:

Questions Due Date:

Solicitation Response Date:

Estimated Award Date:

Set Aside:

NAICS Code:

3. This is a combined synopsis/solicitation for commercial items 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; quotes are being requested and a written solicitation will not be issued.

4. The Request for Quotation (RFQ) number RFQ1661217 shall be used to reference any written quote provided under this RFQ.

5. The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2023-05 effective 22 Sep 2023, and DFARS Change 29 Sep 2023.

6. In accordance with FAR 19, this requirement is set-aside for Small Businesses. The North American

Industry Classification System (NAICS) code for this project is 541613 with a size standard of

$19,000,000.

mailto:joel.d.auer.civ@mail.mil mailto:charles.m.carnley.civ@mail.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126

7. The contractor shall provide Federal Voting Assistance and Integrated Outreach Support Services in accordance with the Performance Work Statement (PWS) at attachment 1. Please see Enclosure 1, CLIN

Structure, it contains the description of requirements for the Contract Line Item Numbers (CLIN).

8. The IDIQ will have a five year ordering period: 30 January 2024 to 29 January 2029

9. FAR Provision 52.212-1, Instructions to Offerors – Commercial Products and Services (Sep 2023) applies to this acquisition and the following addendum applies:

Instructions to Offerors

1.0 This Enclosure provides general guidance for preparation and submission of quotes, as well as specific instructions on the format and content of the quotes. The offeror’s quote must include all data and information requested by these instructions and must be submitted in accordance with these instructions.

1.1 Offeror’s are instructed to read the entire RFQ document, including all Enclosures and Attachments, prior to submitting questions and/or preparing your quote. This is an all-or-none requirement. Partial, incomplete quotes and any “assumptions” will be deemed noncompliant and will not be evaluated. Offerors must agree to hold the prices in their quotes firm for a period of 90 calendar days from the date specified for receipt of quotes unless another timeframe is specified in an amendment to this RFQ.

1.2 All quotes shall be submitted via email to the Agency Contacts listed in this RFQ by the deadline established in the RFQ. The Government will not accept submissions received after the established deadlines.

1.3 Offerors may email written questions requesting clarification of the RFQ to the Contracting Officer

(CO) the Contract Specialist (CS) by the deadline established. No information concerning this RFQ or answers to requests for clarification will be provided in response to any other method than by emailing to the addresses listed in Agency Contacts. Questions will be accepted up to 1300 EST on November 13, 2023. Questions received after this time and date will not be answered. The Government will provide responses to questions by posting them to the RFQ on SAM.gov. Questions shall be submitted utilizing the following format:

Subject: RFQ1661217 Questions

Reference: RFQ1661217, Paragraph(s) ________, Page(s)____.

1.4 Any Offeror that submits a quote in response to this RFQ must be registered in the System for Award

Management (SAM), in accordance with FAR Clauses 52.204-7 and 52.232-33, when submitting an offer or quotation. If any Offeror is not registered in SAM.gov, the Offeror will be deemed noncompliant and will not be considered for award. Registration information for SAM can be found at:

https://sam.gov/content/home.

1.5 This is a follow-on requirement for Marketing Consulting Services to Federal Voting Assistance.

Notice to Offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available to cover the IDIQ minimum obligation amount. Funds will not be made at the IDIQ level, and only task orders will be funded.

1.6 Notice to Offerors: The Government reserves the right to cancel this RFQ, either before or after the closing date. Offeror are responsible for all costs of preparing and submitting a quote. If the

Government cancels this RFQ, the Government will not reimburse the Offeror for any costs.

https://sam.gov/content/home

2.0 The Government will evaluate the Offeror’s technical quote, past performance, and price quotes. The

Government will conduct a preliminary review of the Offeror’s quote, including attachments, to ensure that all required information is complete and submitted in accordance with the instructions provided in the RFQ.

Partial or incomplete quotes will be deemed noncompliant and will not be evaluated. In making an award determination, the Government will consider an Offeror’s entire quote, which is defined as the combination of the technical and pricing submissions, as well as evaluation of the Offeror’s record of past performance.

3.0 Quotes: Each quote shall be separated into four (4) volumes as shown in the table below.

3.1 The quote shall be clear and concise and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The quote shall not simply restate or rephrase the Government’s requirements, but rather provide a rationale explaining how the Offeror intends to meet the Government’s requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror’s quote. Each volume shall be written on a stand-alone basis so that its contents may be evaluated without cross-referencing between volumes.

3.2 Offerors shall use letter-sized (8 ½” X 11”) pages (portrait format), single sided, single-spaced, with one-inch (1”) margins and use 11-point font in an easily readable font, such as Times New Roman or Arial.

Smaller fonts for tables, charts, and illustrations are acceptable, as long as they remain legible. Hyperlinks, if used, shall be verified as valid and correct. Each page shall be counted except for the following: Cover pages, table of contents, glossary, appendices tabs, attachment tabs, offer/subcontractor teaming agreements, affiliate documentation, and/or Joint Venture Agreements. The Government will read/evaluate only the maximum number of pages allowed. The Government will not review pages in excess of the stated page limitations for each volume. The Government may not consider quotes that do not conform to the specified organization and content. The Government will evaluate quotes in accordance with the evaluation criteria set forth in the Solicitation. The contents of each volume are described in the table below:

4.0 The Offeror’s quote shall be submitted as follows:

a. VOLUME I - Business Information (No page limit) shall include:

(1) Company Name, Address, Point of Contact Information of individual authorized to represent the company and Phone Number, CAGE code, Unique Entity ID (UEI), Tax Identification Number

(TIN), Business Size, FAR and DFARS provisions above which require completion by the offeror.

(2) An executive summary of the Offeror’s quotation and a statement that the Offeror accepts the terms and conditions of the solicitation.

Volume Tab Title Page Limits

Volume I Business Information No page limit

Volume II Technical 20 pages, excluding the Cover Page, Table of

Contents, Glossary, Appendices Tabs, and

Attachment Tabs. The Government will only review up to the 20th page of this volume, therefore, any pages beyond 20 will not be evaluated.

Volume III Past Performance 5 Page Limit

Volume IV Pricing Information No page limit

(3) A clear description of all prime contract, subcontract and/or teaming arrangements proposed.

For each subcontractor and teaming partner, the Offeror shall include the company name and division (if applicable), company URL, role in contract, mailing address, UEI, TIN number, primary and alternate points of contact and contact information.

(4) If each subcontractor and Teaming Partner’s experience being submitted for consideration as part of the Past Performance, the submission shall include a signed commitment by the offer and subcontractor/Teaming Partner certifying that if a contract is awarded resulting from the quote, the parties commit to joint performance as quoted. If the signed commitment is not fully executed by both parties and provided with the Past Performance Volume, subcontractor or Teaming Partner’s past performance references will not be evaluated or considered.

Affiliate companies, sister companies, teaming arrangements, joint venture agreement, etc. will be considered provided sufficient documentation including an adequate narrative discussing the meaningful relationship between the parties is included in the Past Performance Volume.

Documentation includes a copy of the documented arrangement such as documented affiliation, a copy of the teaming agreement, a copy of the joint venture agreement, etc.

(5) Point of contact information for persons authorized to answer questions and or negotiate on behalf of the offeror.

(6) Acknowledgement of all Solicitation Amendments.

b. VOLUME II: Factor 1, Technical Capability

Volume II shall include a Table of Contents and Glossary with hyperlinks and page footers that separately identify each document within this volume using this format: “Document name – Page # of

# Pages.”

(1) Element A, Technical Approach: By addressing each portion of the PWS, quotes shall describe and demonstrate the Offeror's understanding of the requirement by explaining the

Offeror’s assessment of the objectives to be accomplished and presenting the Offeror’s methodology for accomplishing the required contract performance, which must include how the

Offeror proposes to satisfy the performance requirements and the Offeror’s solutions for any assessed performance challenges within the IDIQ PWS.

(2) Element B, Project Management Plan: The quote shall describe the Offeror’s approach for providing complete program management support that will fully integrate, manage, control, and document all phases of the contract requirements. Quotes shall describe the project management and quality control plans and demonstrate the Offeror’s approach for providing the corporate resources necessary to ensure and maintain service quality levels, staffing levels, training, and risk management.

The Offeror must also provide its approach for instituting and maintaining a capability to ensure the quality and integrity of services, including: (1) management and task controls to assure work will be completed as required; and (2) contingency plans for identifying and correcting problems.

(3) Element C, Staffing Plan: The quote shall demonstrate how the Offeror’s staffing plan supports their technical approach by providing experience and skill level of proposed personnel being contemplated. The staffing plan shall identify the relevant experience/qualifications for each respective position, and how the offeror will ensure proper staffing levels (recruiting, retaining, and replacing personnel).

(4) Element D, First Task Order: The Offeror shall demonstrate its technical capability to meet the requirements outlined in the First Task Order (TO) PWS (Attachment 2), including the

Offeror’s plan for the proposed labor categories and labor hours.

Note: The Government anticipates awarding the First Task Order when the Basic IDIQ Contract is awarded. The performance period for the First Task Order is 30 January 2024 to 29 January

2025.

c. VOLUME III: Factor 2, Past Performance. The Government will consider an Offeror’s demonstrated current and relevant records of performance in supplying services as a prime contractor, as a joint venture member, or as a first-tier subcontractor. Contracts performed within the last 5 years from RFQ issuance date are considered recent. Offerors shall submit no more than three relevant Past Performance references. All references shall address current projects or those completed within the last five years by the Offeror as a prime contractor, as a joint venture member, or as a first-tier subcontractor. For each reference the Offeror shall include contact information

(name, Phone, and email) for the references listed, the project title, contract number, agency the project was done for, prime contractor or joint venture partner (if applicable), dollar amount, description of the work performed (if a joint venture or first-tier subcontractor, include % of overall contract that was performed), the performance period of the work, the cage and UEI of the prime or first-tier subcontractor or joint venture. The Government will use these references and other data obtained from sources it considers current and accurate, including but not limited to the Contractor

Performance Assessment Reporting System (CPARS) and Federal Awardee Performance and

Integrity Information System (FAPIIS), and System for Award Management (SAM).

If an Offeror or its subcontractor(s) determines they have no relevant past performance data, they shall provide the following statement in lieu of the information request below: “(Insert Offeror or subcontractor’s name) has determined that they possess no relevant past performance information

IAW the RFQ”.

d. VOLUME IV – Factor 3, Price. For evaluation and contract ceiling purposes, Offeror’s shall complete the IDIQ Pricing Table in Attachment 3. All unit prices shall be no more than two decimal places. Additionally, Offerors are instructed not to propose a price for the travel line item (CLIN 0002) and Material line item (CLIN 0003) as the Government has assigned a Not-to-Exceed (NTE) value for the Travel CLIN, and an estimated amount for the Material CLIN. Offerors shall provide its proposed labor categories and fully burdened (FFP) labor rates for each period as specified in the IDIQ Pricing

Table (Attachment 3). Using the total direct labor price for each year listed in the IDIQ Pricing Table, insert the total for all five periods in the contract line item number (CLIN) 0001 (Labor) only. The proposed CLIN value for 0001 (Labor) will be used with the Government's not-to-exceed amount for travel (CLIN 0002) and Material (CLIN 0003) to calculate a total quoted price, which will become the resulting contract ceiling for the awardee. The labor rates quoted will be used for each task order (TO) issued under the IDIQ, and it will be based on the period the TO is issued. Each labor category proposed for this contract shall be clearly defined. The contractor who receives the IDIQ award will be required to provide a FFP price quote for CLIN 0003 on each task order issued under this IDIQ, so no overall CLIN 0003 price for the IDIQ is required under this RFQ.

The Government intends to evaluate the FAR 52.217-8, Option to Extend Services, as part of the price evaluation for this award. The offeror shall not provide a price on the FAR 52.217-8, Option to Extend

Services. This will be calculated by taking 50% of Labor for Period five’s total price, $2,500 for

Travel, and $252,500 for Material.

The Offeror’s price quote shall include the fully burdened labor rates, and any discounts offered for all personnel and processes necessary to meet all PWS requirements. Offeror’s are encouraged to offer labor rate and/or pricing discounts.

The offeror shall also include a complete quote on TO one PWS, which will be awarded immediately after the award of the IDIQ. The TO quote shall include a firm fixed price for all items, and break out the labor category, labor hours, and the fully burdened rate (from order period 1 pricing listed on attachment 3). The quote shall include any necessary other direct costs associated with the TO PWS, and these prices shall be firm fixed price. Other than certified cost and pricing data must be included to support the other direct cost quoted.

(End of Addendum)

10. FAR 52.212-2 Evaluation - Commercial Items (OCT 2014) Evaluation Factors for Award applies to this acquisition and the following addendum applies:

BASIS FOR CONTRACT AWARD

1. INTRODUCTION

1.1 The Government will award a task order resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Evaluation Factors, in descending order of importance, are:

Factor 1 - Technical Capability

Factor 2 - Past Performance

Factor 3 - Price (price will not be assigned an adjectival rating)

Technical Capability is more important than Past Performance. Technical Capability and Past

Performance, when combined, are significantly more important than price.

1.2 The Government intends to evaluate quotes and make award without holding meaningful exchanges.

The primary objective of meaningful exchanges is to maximize the Government’s ability to obtain best value, based on the requirement and evaluation factors set forth in this RFQ. The Government may conduct meaningful exchanges with offerors, at the contracting officer’s discretion. Offerors are encouraged to quote the best terms from a price and technical standpoint. The Government is not using

Federal Acquisition Regulation (FAR) Part 15 procedures.

1.3 The lowest priced quote may not necessarily receive the award; likewise, the highest rated technical quote may not necessarily receive the award.

1.4 Offerors are cautioned that “parroting” of the PWS with a statement of intent to perform does not reflect understanding of the requirement or capability to perform. Typographical errors indicate a lack of attention to detail and may result in a weakness noted against the Offeror’s quote.

1.5 All quotes shall set forth full, accurate, and complete information as required by this solicitation

(including attachments and enclosures). The penalty for making false statements in the Offeror’s quote is prescribed in 18 U.S.C. 1001.

2. EVALUATION FACTORS

a. Factor 1, Technical Capability.

i. The purpose of the technical capability factor is to assess the Offeror’s proposed technical approach as detailed in its quote, to satisfy the Government’s requirements. There are many aspects of a quote that may affect an Offeror’s ability to meet the PWS requirements. The elements within the technical capability factor are equally important and will not be separately rated. The Government will conduct an integrated assessment of the elements and risks to determine the overall technical capability rating.

ii. The evaluation of risk is related to the technical approach assessment. Risk assesses the degree to which the Offeror’s proposed technical approach could cause disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, or the likelihood of unsuccessful contract performance. Risk is part of the overall assessment of the technical capability factor rating and is not a separate evaluation element. Any quote receiving an overall rating of “Marginal” or “Unacceptable” will be deemed to have a risk that is so high that award cannot be made against the quote and the quote will not be further evaluated.

b. Factor 2, Past Performance.

The Government will consider an Offeror’s demonstrated current and relevant records of performance in supplying services as a prime contractor, as a joint venture member, or as a first-tier subcontractor.

Contracts performed within the last 5 years of solicitation issuance are considered recent. Offerors shall submit no more than three relevant Past Performance references. The Government will use the references submitted by the offeror, and other data obtained from sources it considers current and accurate, including but not limited to the Contractor Performance Assessment Reporting System

(CPARS) and Federal Awardee Performance and Integrity Information System (FAPIIS), and System for Award Management (SAM). Any substantial history of marginal ratings is considered adverse information and the Offeror will be defined as unacceptable.

c. Factor 3, Price.

The Government anticipates that adequate price competition will establish a fair and reasonable price.

However, if the Government does not receive adequate price competition, it will evaluate price quotes to ensure price reasonableness of the services being provided to the Government, considering the specific terms, conditions and relevant commercial practices.

The Government anticipates including an optional 6-month period of performance in accordance FAR

Clause 52.217-8 Option to Extend Services. Offerors shall not provide a price for this 6-month period of performance, as the evaluated price for this period will be calculated by taking 50% of Labor for

Period five’s total price, $2,500 for Travel, and $252,500 for Material.

3. EVALUATION CRITERIA AND RATINGS

a. Factor 1, Technical Capability- The Offeror’s technical capability will be evaluated to assess how well the Offeror demonstrated an understanding of the PWS requirements. The evaluation will include an assessment of how well the Offeror proposed to satisfy the performance requirements under following technical capabilities.

(1) Element A, Technical Approach:

The Offeror’s technical approach will be evaluated to assess how well the Offeror demonstrates understanding of the requirement, details its methodology for contract performance, and how well the Offeror identified challenges and plans to mitigate them.

(2) Element B, Project Management Plan:

The Offeror’s project management plan will be evaluated to assess how well the Offeror will manage and oversee management of all required activities and how it will implement, manage, and maintain quality, staffing, training, and risk management.

(3) Element C, Staffing Plan:

The staffing plan will be evaluated to assess how well the staffing plan supports the technical approach by providing experience and skill level of proposed personnel being contemplated. It will also be assessed on how well the staffing demonstrates the relevant experience/qualifications for each respective position, and an adequate plan for staffing (recruit, retain, and replace personnel).

(4) Element D, First Task Order:

The Offeror’s technical approach on the first task order will be evaluated to assess how well the

Offeror meets the requirements outlined in the First Task Order (TO) PWS, including the

Offeror’s plan for labor categories, labor hours, and execution.

The Factor 1 Technical Capability will receive one of the following ratings:

TECHNICAL RATINGS

Rating Definition

Outstanding Quote demonstrates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

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

Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements and risk of unsuccessful performance is no worse than moderate.

Marginal Quote has not demonstrated an adequate approach or understanding of the requirements, and/or risk of unsuccessful performance is high. Any quote receiving this rating will not be further evaluated.

Unacceptable Quote does not meet requirements of the RFQ, and thus, contains one or more deficiencies and is unawardable, and/or risk of performance is unacceptably high. Any quote receiving this rating will not be further evaluated.

TECHNICAL EVALUATION DEFINITIONS

Definition

Strength Strength is an aspect of an Offeror’s quote that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness Weakness means a flaw in the quote that increases the risk of unsuccessful contract performance.

Deficiency Deficiency is a material failure of a quote to meet a Government requirement or a combination of weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

b. Factor 2, Past Performance:

Past performance will be reviewed using past performance references submitted by the Offeror, and the information obtained from the CPARS, FAPIIS, and SAM to ensure no negative or adverse reporting and to ensure award to a responsible offeror. Any substantial history of marginal ratings is considered adverse information and the Offeror will be defined as unacceptable.

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

Offeror shall be determined to have unknown (or “neutral”) past performance.

Past Performance

Satisfactory Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Unknown (Neutral) An Offeror without a record of recent and relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned

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. Any quote receiving this rating will not be further evaluated.

c. Factor 3, Price:

Price quotes will not receive an adjectival rating. This factor will be evaluated utilizing price analysis techniques. The analysis will be conducted on the total price of the BASIC IDIQ contract and the First Task

Order.

The Government anticipates that there will be adequate price competition to determine the price fair and reasonable. In the event adequate price competition is not received, the Government will evaluate the price proposals to ensure a fair and reasonable price by using one or more of the following price analysis techniques:

- Comparison to independent government cost estimate

- Comparison to historical prices paid for same or similar items

- Comparison to competitive published price lists, published market prices or similar indexes

Basic IDIQ contract: The total evaluated contract Price will be calculated by adding the Offeror’s total price for all labor categories for each period (CLIN 0001), plus the Government’s not-to-exceed (NTE) amounts for travel (CLIN 0002), the estimated amount established for material (CLIN 0003) and the FAR 52.217-8

Option to Extend Services price to arrive at a total evaluated price.

First Task Order: Pricing for the first task order will be evaluated to determine whether it is fair and reasonable. The Government will calculate the first task order price by adding the Offeror’s total price for all firm fixed priced line items, including the Government’s not-to-exceed (NTE) amount for travel to arrive at a total evaluated price for the first task order.

(End of Addendum)

11. The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Products and

Commercial Services (Dec 2022), applies to this acquisition.

12. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders -- Commercial Products and Commercial Services (Class deviation 2023-O0008), applies to this acquisition; additional FAR clauses cited in the clause are:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018)

52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

52.219-8, Utilization of Small Business Concerns (SEP 2023)

52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)

52.222-3, Convict Labor (JUN 2003)

52.222-21, Prohibition of Segregated Facilities (APR 2015)

52.222-26, Equal Opportunity (SEP 2016)

52.222-35, Equal Opportunity for Veterans (JUN 2020)

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37, Employment Reports on Veterans (JUN 2020)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50, Combating Trafficking in Persons (NOV 2021)

52.222-54, Employment Eligibility Verification (MAY 2022)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018)

13. The following additional FAR and DFARS provisions and clauses apply to this acquisition by full text:

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

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 https://www.acquisition.gov/far/part-52#FAR_52_203_6 https://www.acquisition.gov/far/part-52#FAR_52_203_13 https://www.acquisition.gov/far/part-52#FAR_52_204_10 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.acquisition.gov/far/part-52#FAR_52_209_9 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_232_33 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 Products or Commercial

Services. 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 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 a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(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)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct

2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

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

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

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT

2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the

Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current

Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Firm, Fixed-Price, Indefinite Delivery, Indefinite Quantity type contract resulting from this solicitation.

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 30 January 2024 through 29 January 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

This is an Indefinite Delivery Indefinite Quantity Contract, and the Government is not obligated to purchase, regardless of the amount, any services under the contract once the minimum obligation amount has been met.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess $500,000.00;

(2) Any order for a combination of items in excess of IDIQ ceiling amount; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months, from contract expiration.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of the contract.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Charles M. Carnley

Contracting Officer

Defense Human Resources Activity, Acquisition Management Directorate

4800 Mark Center Drive, Suite 03E25

Alexandria, VA 22350

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.233-4 Applicable Law of Breach of Contract Claim (Oct 2004)

United States law will apply to resolve any claim of breach of this contract.

(End of Clause)

52.252-1 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…