DRAFT SF1449 W912CL-25-R-0001 JDG JTF-GTMO Detainee Support Services RFP - 20NOV2024v14.pdf

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JTF-GTMO Detainee Support Services Updated
Solicitation number
W912CL-25-R-0001
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This document is a draft Request for Proposal (RFP) for JTF-GTMO Detainee Support Services. The draft RFP includes a DRAFT SF 1449 Solicitation, a Performance Work Statement (PWS), a CLIN Structure, and a DD254 Contract Security Classification Specification. The purpose of the draft RFP is to obtain feedback from potential offerors on the requirements and documents prior to the formal RFP release.

The RFP outlines services required for the JTF-GTMO Detainee Support Services contract, including library management, seminar instruction, and provision of miscellaneous items and equipment. The contract will have a 30-day phase-in period followed by a 12-month base period and four 12-month option periods. Pricing will be evaluated based on Firm-Fixed-Price (FFP) CLINs using Lowest Price Technically Acceptable (LPTA) methodology. The procurement is unrestricted but may include a small business set-aside. Proposals are due by 1:00 PM CST on December 27, 2024. The Army Contracting Command is the contracting agency.

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SEE ADDENDUM

( No Col lect Cal ls )

W912CL25R0001 27-Nov-2024

b. TELEPHONE NUMBER

210.295.6148

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 27 Dec 2024

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t . Use Only)

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912CL9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

SCHWENER, JOSEPH G.

2. CONTRACT NO. 3 . AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

410TH CONTRACTING SUPPORT BRI GADE

REGIONAL CONTRACTING CENTER AMERICAS

CCSB-AMF

4130 STANLEY ROAD STE 320

JBSA FORT SAM HOUSTON TX 78234-2726

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W585PN 16. ADMINISTERED BY

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

JTF GTMO J8 DODAAC: W585PN

TEL: FAX:

210.808.9475FAX:

TEL: 210.295.6148

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

611430

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF102

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC 'D (YY/ MM/DD) 42d. TOTAL CONTAI NERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Library Management Support Staff

FFP

The Contractor shall provide the personnel, management, curriculum development, instruction, transportation, office supplies, and housing of personnel to provide education and library management services in accordance with PWS Part 5.

Period of Performance: 16 June 2025 - 15 June 2026 FOB: Destination

PSC CD: U008

NET AMT

0002 12 Months Seminar Instructor

FFP

The Contractor shall provide a Seminar Instructor to instruct seminars to include but not limited to Literacy (English and Arabic), General Education (Horticulture, Nutrition, Life Skills, etc.), and Arts and Craft.

Period of Performance: 16 June 2025 - 15 June 2026

0003 12 Months Defense Base Act (DBA) Insurance

FFP

The contractor shall obtain Defense Base Act (DBA) insurance and submit proof to the Contracting Officer, as detailed in paragraph 1.6.18.11. Defense Base Act Insurance IAW Special Contract Requirements. The amount listed by the contractor on this CLIN is the estimated DBA insurance premium (estimated payroll of the contractor and its subcontractors times the applicable rate(s)). The actual amount paid by the Government under this CLIN will be based on the amount of the Agent/Broker's invoice submitted by the contractor after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

Period of Performance: 16 June 2025 - 15 June 2026

0004 Each Miscellaneous Items and Equipment

COST

The Contractor shall provide all materials for the library and entertainment purposes in accordance with PWS 1.6.14.1 including books, DVD's, video games, and magazines. The contractor shall provide all necessary materials required for the seminars in accordance with PWS 1.6.14.2 including arts and craft supplies, sewing supplies, horticulture supplies, and literacy materials. The Contractor shall provide the provision of streaming services in accordance with PWS 1.6.14.3 IAW JTF policies.

ESTIMATED COST

0005 1 Lot Phase In

FFP

The period of performance shall consist of a 30-day phase-in period, followed by one 12-month base period and four 12-month option periods.

Period of Performance: 16 May 2024 - 15 June 2025

1001 12 Months OPTION Library Management Support Staff

FFP

The Contractor shall provide the personnel, management, curriculum development, instruction, transportation, office supplies, and housing of personnel to provide education and library management services in accordance with PWS Part 5.

Period of Performance: 16 June 2026 - 15 June 2027

1002 12 Months OPTION Seminar Instructor

FFP

The Contractor shall provide a Seminar Instructor to instruct seminars to include but not limited to Literacy (English and Arabic), General Education (Horticulture, Nutrition, Life Skills, etc.), and Arts and Craft.

Period of Performance: 16 June 2026 - 15 June 2027

1003 12 Months OPTION Defense Base Act (DBA) Insurance

FFP

The contractor shall obtain Defense Base Act (DBA) insurance and submit proof to the Contracting Officer, as detailed in paragraph 1.6.18.11. Defense Base Act Insurance IAW Special Contract Requirements. The amount listed by the contractor on this CLIN is the estimated DBA insurance premium (estimated payroll of the contractor and its subcontractors times the applicable rate(s)). The actual amount paid by the Government under this CLIN will be based on the amount of the Agent/Broker's invoice submitted by the contractor after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

Period of Performance: 16 June 2026 - 15 June 2027

1004 Each OPTION Miscellaneous Items and Equipment

COST

The Contractor shall provide all materials for the library and entertainment purposes in accordance with PWS 1.6.14.1 including books, DVD's, video games, and magazines. The contractor shall provide all necessary materials required for the seminars in accordance with PWS 1.6.14.2 including arts and craft supplies, sewing supplies, horticulture supplies, and literacy materials. The Contractor shall provide the provision of streaming services in accordance with PWS 1.6.14.3 IAW JTF policies.

2001 12 Months OPTION Library Management Support Staff

FFP

The Contractor shall provide the personnel, management, curriculum development, instruction, transportation, office supplies, and housing of personnel to provide education and library management services in accordance with PWS Part 5.

Period of Performance: 16 June 2027 - 15 June 2028

2002 12 Months OPTION Seminar Instructor

FFP

The Contractor shall provide a Seminar Instructor to instruct seminars to include but not limited to Literacy (English and Arabic), General Education (Horticulture, Nutrition, Life Skills, etc.), and Arts and Craft.

Period of Performance: 16 June 2027 - 15 June 2028

2003 12 Months OPTION Defense Base Act (DBA) Insurance

FFP

The contractor shall obtain Defense Base Act (DBA) insurance and submit proof to the Contracting Officer, as detailed in paragraph 1.6.18.11. Defense Base Act Insurance IAW Special Contract Requirements. The amount listed by the contractor on this CLIN is the estimated DBA insurance premium (estimated payroll of the contractor and its subcontractors times the applicable rate(s)). The actual amount paid by the Government under this CLIN will be based on the amount of the Agent/Broker's invoice submitted by the contractor after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

Period of Performance: 16 June 2027 - 15 June 2028

2004 Each OPTION Miscellaneous Items and Equipment

COST

The Contractor shall provide all materials for the library and entertainment purposes in accordance with PWS 1.6.14.1 including books, DVD's, video games, and magazines. The contractor shall provide all necessary materials required for the seminars in accordance with PWS 1.6.14.2 including arts and craft supplies, sewing supplies, horticulture supplies, and literacy materials. The Contractor shall provide the provision of streaming services in accordance with PWS 1.6.14.3 IAW JTF policies.

3001 12 Months OPTION Library Management Support Staff

FFP

The Contractor shall provide the personnel, management, curriculum development, instruction, transportation, office supplies, and housing of personnel to provide education and library management services in accordance with PWS Part 5.

Period of Performance: 16 June 2028 - 15 June 2029

3002 12 Months OPTION Seminar Instructor

FFP

The Contractor shall provide a Seminar Instructor to instruct seminars to include but not limited to Literacy (English and Arabic), General Education (Horticulture, Nutrition, Life Skills, etc.), and Arts and Craft.

Period of Performance: 16 June 2028 - 15 June 2029

3003 12 Months OPTION Defense Base Act (DBA) Insurance

FFP

The contractor shall obtain Defense Base Act (DBA) insurance and submit proof to the Contracting Officer, as detailed in paragraph 1.6.18.11. Defense Base Act Insurance IAW Special Contract Requirements. The amount listed by the contractor on this CLIN is the estimated DBA insurance premium (estimated payroll of the contractor and its subcontractors times the applicable rate(s)). The actual amount paid by the Government under this CLIN will be based on the amount of the Agent/Broker's invoice submitted by the contractor after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

Period of Performance: 16 June 2028 - 15 June 2029

3004 Each OPTION Miscellaneous Items and Equipment

COST

The Contractor shall provide all materials for the library and entertainment purposes in accordance with PWS 1.6.14.1 including books, DVD's, video games, and magazines. The contractor shall provide all necessary materials required for the seminars in accordance with PWS 1.6.14.2 including arts and craft supplies, sewing supplies, horticulture supplies, and literacy materials. The Contractor shall provide the provision of streaming services in accordance with PWS 1.6.14.3 IAW JTF policies.

4001 12 Months OPTION Library Management Support Staff

FFP

The Contractor shall provide the personnel, management, curriculum development, instruction, transportation, office supplies, and housing of personnel to provide education and library management services in accordance with PWS Part 5.

Period of Performance: 16 June 2029 - 15 June 2030

4002 12 Months OPTION Seminar Instructor

FFP

The Contractor shall provide a Seminar Instructor to instruct seminars to include but not limited to Literacy (English and Arabic), General Education (Horticulture, Nutrition, Life Skills, etc.), and Arts and Craft.

Period of Performance: 16 June 2029 - 15 June 2030

4003 12 Months OPTION Defense Base Act (DBA) Insurance

FFP

The contractor shall obtain Defense Base Act (DBA) insurance and submit proof to the Contracting Officer, as detailed in paragraph 1.6.18.11. Defense Base Act Insurance IAW Special Contract Requirements. The amount listed by the contractor on this CLIN is the estimated DBA insurance premium (estimated payroll of the contractor and its subcontractors times the applicable rate(s)). The actual amount paid by the Government under this CLIN will be based on the amount of the Agent/Broker's invoice submitted by the contractor after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

Period of Performance: 16 June 2029 - 15 June 2030

4004 Each OPTION Miscellaneous Items and Equipment

COST

The Contractor shall provide all materials for the library and entertainment purposes in accordance with PWS 1.6.14.1 including books, DVD's, video games, and magazines. The contractor shall provide all necessary materials required for the seminars in accordance with PWS 1.6.14.2 including arts and craft supplies, sewing supplies, horticulture supplies, and literacy materials. The Contractor shall provide the provision of streaming services in accordance with PWS 1.6.14.3 IAW JTF policies.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 16-JUN-2025 TO

15-JUN-2026

N/A JTF GTMO J8 DODAAC: W585PN

W585PN

0002 POP 16-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 16-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 16-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 15-MAY-2025 TO

15-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 16-JUN-2026 TO

15-JUN-2027

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 16-JUN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 16-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 16-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 16-JUN-2027 TO

15-JUN-2028

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 16-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 16-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 16-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 16-JUN-2028 TO

16-JUN-2029

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 16-JUN-2028 TO

15-JUN-2029

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 16-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 16-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 16-JUN-2029 TO

15-JUN-2030

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 16-JUN-2029 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 16-JUN-2029 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 16-JUN-2029 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.216-26 Payments Of Allowable Costs Before Definitization DEC 2002 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-1 Payments APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.242-13 Bankruptcy JUL 1995 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.247-34 F.O.B. Destination JAN 1991 52.251-1 Government Supply Sources APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.225-7048 Export-Controlled Items JUN 2013 252.225-7987 (Dev) Requirements for Contractor Personnel Performing in the

U.S. Southern Command Area of Responsibility

(DEVIATION 2021-O0004)

FEB 2021

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.234-7001 Notice of Earned Value Management System APR 2008 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.237-7019 Training for Contractor Personnel Interacting with Detainees JAN 2023 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022-

O0006)

NOV 2021

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

JAN 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

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

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

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value?

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

(f) Late submissions, modifications, revisions, and withdrawals of offers:

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

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

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

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

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

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

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

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

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

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

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

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

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

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

(k) Reserved.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

A. SOLICITATION/PROPOSAL REQUIREMENTS – Instructions, Conditions, and Notices to Offerors

1. Proposal Submittal and Inquiries.

a. The solicitation (up to and including this and any future solicitation amendments, if any) will constitute to the Offeror's complete "proposal" for the subject services and shall be submitted NOT LATER THAN 1:00 P.M. Central Daylight Time (CDT) on Friday, 27 December 2024.

b. All proposals will be submitted/e-mailed to both:

CONTRACT SPECIALIST: Joseph Schwener, Jr., e-mail: joseph.g.schwener.civ@army.mil CONTRACTING OFFICER: Dr. Robert Sheridan, e-mail: robert.l.sheridan10.civ@army.mil

c. Offerors shall review the solicitation and its amendments (if applicable) and submit only written questions and/or comments with the Subject Line Reference: Questions/Comments/Exceptions for

Joint Detention Group (JDG) Joint Task Force-Guantanamo Bay (JTF-GTMO) Detainee Support Services (JDG JTF-GTMO Detainee Support Services, W912CL-25-R-0001). The deadline for the submittal of all Questions/Comments/Exceptions is Monday, 09 December 2024, at 1:00 P.M. CDT.

d. Time for Acceptance: Unless the Offeror inserts a different period of time on the solicitation, the proposal shall remain valid for 120 days from the solicitation closing date identified on the SF1449.

B. This is an all-electronic solicitation release.

1. The offeror shall submit with their quotes a list of the names and telephone numbers of the person(s) authorized to conduct negotiations. Include:

a. Unique Entity ID/Cage Code

b. Designated Small Business categories

2. Technical quotes shall include the necessary information to enable the evaluators to form a definitive conclusion concerning the offeror's ability to perform in accordance with the Performance Work Statement (PWS). The offeror's quotes must convey to the Government that the offeror is capable, possesses sufficient technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources in a coordinated and timely fashion such that technical requirements will be achieved, and costs will be controlled. The offeror shall submit a phase in, management, and quality control plan on the proposed approach in accordance with the PWS. The U.S. Government (USG) has provided estimated quantities in the RFQ. However, the offeror may adjust to best practices that provide the most efficient and effective solutions for providing adequate staffing. The Task Order will be issued based on the offeror's technically acceptable approach. A complete Quality Control Methodology shall be included in the Technical Portion of the Quote to assist the Government in evaluating the offeror's overall management approach.

3. Page size shall be 8.5 x 11 inches. Typing shall be single-spaced, not less than 12 font size (pitch), and Times New Roman font style. Use at least I-inch margins on the top and bottom and %-inch side margins.

Narrative documentation shall be submitted in Microsoft Office Word 2010 or higher.

C. The Technical Volume should be specific, clear, complete, and not exceed a 25-page limit. Submissions will be evaluated against the Technical subfactors defined below in this RFQ. The instructions below provide a detailed approach to accomplish/satisfy all subfactors. By submitting a quote, the offeror affirms that its organization will perform all requirements specified in the RFQ and Performance Work Statement (PWS).

1. Factor 1: Technical. The Government will evaluate the offer for completeness and reasonableness as it describes the offerors' approach to accomplishing the required services described in the PWS. USG will evaluate the offer for telling the story of who, what, where, and how the work will be performed. USG will evaluate the offer to demonstrate that the offeror clearly understands the nature and magnitude of the effort required to provide the required services in an overseas environment.

a. Subfactor 1: Phase-ln. The offeror will develop a 30-day phase-in plan to include medical clearance, security clearance, administrative, personal support services, secure housing, and transportation.

b. Subfactor 2: Management Plan. The offeror shall develop a management approach covering the primary team members. The approach shall include a description of the following management activities: plan, direct, and control contract performance in accordance with the Performance Work Statement (PWS). In addition, develop a plan with the detailed approach of the labor categories to meet the requirements of the PWS.

c. Subfactor 3: Quality Control Plan. The offeror shall develop a Quality Control Plan in accordance with the PWS and PRS.

2. Factor 2: Past Performance. Evaluation of Past Performance is on an acceptable/unacceptable evaluation measure.

a. Offeror shall submit similar work performed with the Federal Government that demonstrates recent and relevant past performance. Recent is defined as within the last five (5) years. Relevant is defined as work similar to the complexity and magnitude of the work described in the Performance Work Statement (PWS) related to this solicitation. A minimum of two contracts of related work is to be submitted with the proposal information.

b. If the offeror does not possess relevant past performance, the offeror shall submit a statement affirming that it does not possess relevant Past Performance.

3. Factor 3. Price. The Price quote shall be prepared in accordance with these instructions, and the prices will be evaluated for price reasonableness in accordance with FAR 12.209. The Contracting Officer has determined that the items/services being procured are commercial in accordance with FAR 2.101.

a. The Lowest Price is Technically Acceptable. The total contract evaluated price shall consist of the sum of the proposed amount for all CLINs and Options. The FFP CLINS will be evaluated based on historical purchases for base and option years; a Not to exceed (NTE) plug-in value shall be added to the COST CLINS 0004, 1004, 2004, 3004, and 4004.

b. Attachment 2. The offeror shall complete Attachment 2 (Pricing Model) of the solicitation by inserting a fully-burdened unit price, rounded to the whole dollar, and a total extended price (unit price multiplied by the USG estimated quantity) for each Firm Fixed Price (FFP) Contract Line Item Number (CLIN) and submit with the Price quote. The total extended price for each FFP CLIN shall equal the fully burdened unit price.

D. System for Award Management. The offeror acknowledges the requirement that a prospective awardee be registered in the SAM database before award, during performance, and through final payment of any contract resulting from this solicitation. The offeror may obtain information on registration and annual confirmation requirements via the SAM database accessed through SAM.GOV.

(End of provision)

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

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

The following factors shall be used to evaluate offers:

1. Factor 1: Technical

i. Subfactor 1: Phase-In Plan: The Government will evaluate the 30-day phase-in plan meets the requirements of the PWS paragraph 1.6.18.

ii. Subfactor 2: Management Plan

1. The Government will evaluate the Management Plan that includes a description of the following management activities: USG estimated quantities.

2. The offeror's processes to plan, direct, and control contract performance within the organizational structure (team structure as well as corporate structures), which shall include, at a minimum, an organizational chart with the lines of authority, supervision, and coordination in providing oversight, scheduling, and control of work.

3. The Government will evaluate the technical approach by labor mix/descriptions for all labor categories and ensure the descriptions meet manpower requirements. Plans for personnel utilization/cross-utilization shall contain substantiation and rationale for proposed manpower levels.

iii. Subfactor 3: Quality Control Plan (QCP) - The Government will evaluate the QCP to ensure the Contractor provides, implements, and maintains a QCP and ensures all work described in this contract is performed at or above the standard defined in the Performance Requirements Summary (PRS).

TABLE 1 – TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote clearly meets the minimum requirement of the RFP Unacceptable Quote does not clearly meet the minimum requirement of the RFP

2. Factor 2: Past Performance

i. Offeror shall submit similar work performed with the Federal Government that demonstrates recent and relevant past performance. Recent is defined as within the last five (5) years.

Relevant is defined as work similar to the complexity and magnitude of the work described in the Performance Work Statement. A minimum of two contracts of related work is to be submitted with the proposal information.

ii. If the offeror does not possess relevant past performance, the offeror shall submit a statement affirming that it does not possess relevant Past Performance.

iii. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided by the offeror and information obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or other databases; interviews with Program Managers, Contracting Officers, and the Defense Contract Management Agency.

TABLE 2 – PAST PERFORMANCE RATINGS

RATING DESCRIPTION

Acceptable Based on the offeror's performance record, the Government reasonably expects that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.

Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to perform the required effort successfully.

3. Factor 3: Price - Lowest Price Technically Acceptable (LPTA).

i. The offeror shall complete the Pricing Model (Attachment 2). Firm-Fixed Price (FFP) CLINS will be evaluated; COST CLINS are not to be evaluated, however will include a NTE plug-in value based on historical information. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques the government will determine whether prices are fair and reasonable. The price shall be rounded to the Whole Dollar.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

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

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under…

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