Combo Solicitation - LREC (3-27-2024).pdf

Department of Defense

Defense Human Resources Activity

Request for Quotation - H9821024Q0001

Defense Language and National Security Education Office (DLNSEO)

Language, Regional Expertise, and Culture (LREC)

Issuing Office:

Agency Contacts:

Defense Human Resources Activity (DHRA)

4800 Mark Center Drive, Suite. 06J25

Alexandria, Virginia 22350-1300

Jada Weaver, Contract Specialist

Email: jada.a.weaver.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 Language and National

Security Education Office (DLNSEO), intends to establish a Firm Fixed Price (FFP) contract for

Language, Regional Expertise, and Culture (LREC) Requirements Identification Support Services.

2. General Information

Notice Type: Combined Synopsis/Solicitation

Solicitation Number: H9821024Q0001

Title: LREC Requirements Identification Support Services

Posted Date: 27 March 2024

Questions Due Date: 9 April 2024 by 1300 Eastern Time

Solicitation Response Date: 29 April 2024 by 1300 Eastern Time

Estimated Award Date: 31 May 2024

Set-Aside: Service-Disabled, Veteran Owned Small Business (SDVOSB) Set-Aside

NAICS Code: 541611 – Administrative Management and General Management

Consulting Services

Service Code: U099 – Education/Training – Other

3. This is a combined synopsis/solicitation for commercial services 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 H9821024Q0001 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 2024-03 effective 23 February 2024, and DFARS Change 15 February 2024.

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

6. In accordance with FAR 19, this requirement is set-aside for Service-Disabled, Veteran Owned Small

Businesses (SDVOSB). The North American Industry Classification System (NAICS) code for this project is 541611 with a size standard of $24,500,000.

7. The contractor shall provide Language, Regional Expertise, and Culture (LREC) Requirements

Identification Support Services in accordance with the Performance Work Statement (PWS) at Enclosure

1. The PWS identifies specific security requirements which are specified in Attachment 1, the DD254, Department of Defense Contract Security Classification Specification. To provide the services, the

Contract Line Item Numbers, description, quantity, and unit of measure are outlined in Enclosure 2, Priced CLIN Structure.

8. The contract will have a base year and four, one-year option periods. The period of performance for the base period is 30 June 2024 – 29 June 2025. The ultimate period of performance if all options are exercised is 30 June 2024 – 29 June 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 9 April 2024.

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: H9821024Q0001 Questions

Reference: H9821024Q0001, 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 Language, Regional Expertise, and Culture (LREC) Requirements

Identification Support Services.

Notice to Offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation unless funds are available.

1.6 Notice to Offerors: The Government reserves the right to cancel this RFQ, either before or after the closing date. Offerors 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.

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:

Volume Tab Title Page Limits

Volume I Business Information No page limit

Volume II Technical 50 pages, excluding the Cover Page, Table of

Contents, Glossary, Appendices Tabs, and

Attachment Tabs. The Government will only review up to the 50th page of this volume, therefore, any pages beyond 50 will not be evaluated.

Volume III Past Performance 5 page limit

Volume IV Pricing Information No page limit https://sam.gov/content/home

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.

(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 offeror 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 Business 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.

(7) A copy of the Offeror’s Representations and Certifications. If all Representations and

Certifications have been completed and up to date in SAM.gov, then a statement identifying this shall be made in the quote instead of including a copy with the quote.

(8) Verification that the Offeror, and all subcontractor(s) and/or Teaming Partner(s), has a Defense

Counterintelligence and Security Agency (DCSA) approved facility clearance at a level at or above the level identified in Attachment 1 – DD254, Department of Defense Contract Security

Classification Specification. Offerors, including subcontractor(s) and/or Teaming Partner(s), that do not have an active and approved DCSA facility clearance at the due date and time of quote submission will be considered not compliant with RFQ requirements, the quote will not be evaluated, and the quote will be ineligible for award.

(9) Provide an updated DD254 with Items 6 and 7 completed with contractor and subcontractor name, address, CAGE code, and cognizant security office. .

b. VOLUME II: Factor 1, Technical Capability (50 Page Limit)

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.” The 50 page count limit excludes the Cover Page, Table of Contents, Glossary, Appendices

Tabs, and Attachment Tabs.

(1) Element A, Combatant Command (CCMD) Operation Plan (OPLAN) Analytical Review:

The Offeror must demonstrate its approach to providing analytical support of joint

OPLANs/Concept of Operation Plans (CONPLANs), and Doctrine, Organization, Training, Material, Leadership and Education, Personnel, Facilities, and Policy (DOTMLPF-P) joint processes. As part of this approach, the Offeror must clearly demonstrate an understanding of the pertinent components of a joint plan; the ability to identify and extract relevant LREC information from joint OPLANs/CONPLANs; and the ability to leverage Capabilities Based Requirements

Identification Process (CBRIP) data, Language Readiness Index (LRI) data, and information learned through engagements with CCMD subject matter experts in order to draft a report containing findings that CCMDs may use to populate OPLAN LREC Requirement Appendices.

(2) Element B, Global Force Management Process: The Offeror must demonstrate its ability to understand how the Joint Capabilities Requirements Manager (JCRM), and Joint Operation

Planning and Execution System (JOPES) processes influence the requirements process. LREC capability requirements in the CBRIP database, the linguist inventory data in the LRI, and pertinent LREC information derived from OPLANs/CONPLANs can be leveraged to identify potential sourcing solutions (e.g., billet coding, requests for forces and/or individual augmentation, and any other pertinent aspects) in order to provide a better demand signal to the

Military Departments and lead to the mitigation of LREC capability gaps and increased readiness.

(3) Element C, LREC Support to DoD Components: The Offeror must demonstrate its ability to understand how LREC capabilities are employed by DoD Components to accomplish their assigned missions. The Offeror must clearly demonstrate they have a full understanding of the

LREC CBRIP and the LRI.

(4) Element D, Staffing Plan: The Offeror must demonstrate that its proposed staffing plan and key personnel resumes, focus on joint operational planning, global force management, and LREC support to DoD Components. The Offeror’s Staffing Plan shall highlight personnel with a background as planners at the Joint Staff and/or CCMD Headquarters; as individuals responsible for the assignment, apportionment, and allocation of forces; and/or as individuals who have provided LREC support to DOD Components. The Offeror’s Staffing Plan shall address how the

Offeror will ensure all personnel are hired, trained, have the requisite security clearance, and are capable to perform at the start of full performance as well as how the Offeror will maintain staffing throughout performance.

c. VOLUME III: Factor 2, Past Performance (5 Page Limit)

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 (No Page Limit)

The Offeror’s quote shall include a Firm-Fixed-Price (FFP) by CLIN and Option Period, as outlined in Enclosure 2 - Priced CLIN Structure. The completed Enclosure 2 shall be included in the price volume to enable evaluation. All unit and total prices shall be no more than two decimal places. The total price shall be the unit price times the number of months identified in Enclosure 2. Offerors are instructed not to propose a price for the travel line items (CLIN X002) as the Government has assigned a Not-to-Exceed (NTE) value for the Travel CLIN.

The Offerors price quote shall include a detail of all proposed labor categories, the fully burdened labor rates, hours proposed per labor category, and any discounts offered for all personnel and processes necessary to meet all PWS requirements. Offerors are encouraged to offeror labor rate and/or pricing discounts.

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 option year four’s total price, including travel.

(End of Addendum)

10. FAR 52.212-2 Evaluation - Commercial Items (Nov 2021) 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 contract 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 Evaluation of options does not obligate the Government to exercise the option(s).

1.6 To be eligible for award, the Offeror will be required to have a DCSA approved and active facility clearance at the time of quote submission. The Contracting Office will verify that the Offeror clearly possesses a DCSA approved facility clearance at the time of quote submission. If it cannot be determined that the Offeror possesses a DCSA approved facility clearance at or above the requirement in the RFQ, the Offeror will not be eligible for award. If the Offeror does not possess a DCSA approved facility clearance at the time of quote submission, the quote will not be reviewed and it will be eliminated from consideration without further review.

1.6 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.

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.

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 option year four’s total price, including travel.

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, Combatant Command (CCMD) Operation Plan (OPLAN) Analytical

Review:

The Government will evaluate the offeror’s CCMD OPLAN Analytical Review approach will be evaluated to assess how well the offeror demonstrates understanding of OPLANs, CONPLANs, and DOTMLPF-Ps as well as the ability to extract and apply data from CBRIP, LRI, and CCMDs.

(2) Element B, Global Force Management Process:

The offeror’s Global Force Management Process will be evaluated to assess how well the offeror demonstrates understanding of JCRM and JOPES processes, identification of information to mitigate capability gaps and readiness.

(3) Element C, LREC Support to DoD Components:

The offeror’s LREC Support to DoD Components will be evaluated to assess how well the offeror demonstrates understanding of LREC CBRIP and LRI.

(4) Element D, Staffing Plan:

The offeror’s Staffing Plan will be evaluated to assess how well the offeror identified its proposed personnel, provided qualified key personnel, and how all personnel will perform to meet PWS requirements. The Staffing Plan will also be evaluated to assess how well the offeror will ensure all personnel are ready to perform at the start and throughout duration of the contract.

The Factor 1 Technical Capability factor 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 quote 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 evaluated price. The total evaluated contract Price will be calculated by adding the Offeror’s total price for CLINs X001 and X002 and the FAR 52.217-8

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

The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.

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 quotes to ensure a fair and reasonable price.

(End of Addendum)

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

Commercial Services (Nov 2023), 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 (Feb 2024), 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)

52.209-6, 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 (FEB 2024)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024)

52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024)

52.222-3, Convict Labor (JUN 2003) 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_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_8 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_222_3

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 (OCT 2018)

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 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.

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

(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

(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.

52.219-14 Limitations on Subcontracting (Feb 2023)(DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, 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.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in

19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in

8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. Attachment Class Deviation 2021-

O0008, Revision 1 Limitations on Subcontracting for Small Business Changes are indicated by a change bar in the right-hand margin.

(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, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System

(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, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards 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. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code

562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign

Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such 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 towards 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 towards 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 towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause– Attachment

Class Deviation 2021-O0008, Revision 1 Limitations on Subcontracting for Small Business Changes are indicated by a change bar in the right-hand margin. [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 (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small

Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

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.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the period of performance of the contract; provided that the Government gives the

Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

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 text. Upon request, the Contracting Officer will make their full text available.