FA2823-20-Q-0005 RFQ.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR 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.

This is a competitive Request for Quote (RFQ) and the solicitation number for this requirement is FA2823-20-Q-0005. The Contracting Squadron at Eglin, AFB, Florida, requires Aircrew Flight Equipment (AFE) Maintenance Services. This acquisition is under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures, as supplemented, and the evaluation process and criteria set forth in this solicitation. This procurement will be conducted as a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside. Award will be made to the lowest priced, responsible Offeror whose offer conforms to all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements.

The North American Industry Classification System code (NAICS) is 561900, All Other Support Services, with a size standard of $12M. A firm fixed price contract will be awarded. There will be no advance payments.

DESCRIPTION OF REQUIREMENT:

CLIN 0001: FFP – TRANSITION PERIOD- Transition in accordance with (IAW) Performance Work Statement dated 01 October 2019. Period of Performance 01 June 2020 – 30 June 2020.

Qty: 1 month

CLIN 0002: FFP- MAINTENANCE SERVICES – Aircrew Flight Equipment Maintenance Services in accordance with (IAW) Performance Work Statement dated 01 October 2019. Period of Performance 01 July 2020 – 31 May 2021. Qty: 11 months

CLIN 0003: FFP- OVERTIME SUPPORT - THIS IS A NOT TO EXCEED CLIN – Overtime Support IAW PWS dated 01 October 2019. Period of Performance 01 July 2020 – 31 May 2021.

Qty: 24 Hours

CLIN 1002: FFP- MAINTENANCE SERVICES – Aircrew Flight Equipment Maintenance Services in accordance with (IAW) Performance Work Statement dated 01 October 2019. Period of Performance 01 June 2021 – 31 May 2022. Qty: 12 months

CLIN 1003: FFP- OVERTIME SUPPORT - THIS IS A NOT TO EXCEED CLIN – Overtime Support IAW PWS dated 01 October 2019. Period of Performance 01 June 2021 – 31 May 2022.

Qty: 24 Hours

CLIN 2002: FFP- MAINTENANCE SERVICES – Aircrew Flight Equipment Maintenance Services in accordance with (IAW) Performance Work Statement dated 01 October 2019. Period of Performance 01 June 2022 – 31 May 2023. Qty: 12 months

CLIN 2003: FFP- OVERTIME SUPPORT - THIS IS A NOT TO EXCEED CLIN – Overtime Support IAW PWS dated 01 October 2019. Period of Performance 01 June 2022 – 31 May 2023.

Qty: 24 Hours

CLIN 3002: FFP- MAINTENANCE SERVICES – Aircrew Flight Equipment Maintenance Services in accordance with (IAW) Performance Work Statement dated 01 October 2019. Period of Performance 01 June 2023 – 31 May 2024. Qty: 12 months

CLIN 3003: FFP- OVERTIME SUPPORT - THIS IS A NOT TO EXCEED CLIN – Overtime

Support IAW PWS dated 01 October 2019. Period of Performance 01 June 2023 – 31 May 2024.

Qty: 24 Hours

CLIN 4002: FFP- MAINTENANCE SERVICES – Aircrew Flight Equipment Maintenance Services in accordance with (IAW) Performance Work Statement dated 01 October 2019. Period of Performance 01 June 2024 – 31 May 2025. Qty: 12 months

CLIN 4003: FFP- OVERTIME SUPPORT - THIS IS A NOT TO EXCEED CLIN – Overtime Support IAW PWS dated 01 October 2019. Period of Performance 01 June 2024 – 31 May 2025.

Qty: 24 Hours

Place of Performance: Bldg 22, Eglin AFB, FL 32542

A. SPECIFIC PREPARATION INSTRUCTIONS IAW FAR 12.301(b)(1):

To assure timely and equitable evaluation of the offer, the Offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, and representations and certifications. Failure to meet a requirement may result in an Offeror being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of four (4) separate parts: Part I - Contract Documents, Part II - Price, Part III – Technical Evaluation and Part IV – Past Performance Information.

The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

The Government is not responsible for any costs incurred or associated with preparation and submission of an offer in response to this solicitation. NO OFFERORS WILL BE

COMPENSATED FOR SUBMITTING AN OFFER.

In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful offers. The Government will destroy extra copies of such unsuccessful offers.

Offerors are cautioned to submit sufficient information, in the format specified in FAR 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation to enable the evaluator(s) to fully ascertain each Offeror’s capability to perform all the requirements contemplated by this solicitation.

By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, exhibits, attachments, and Performance Work Statement. Offerors may be asked, at the discretion of the Government, to provide additional information for clarification. However, award may be made without holding any additional discussions. The Offeror’s initial offer should reflect their best effort.

The Contracting Officer has determined that there is a high probability of adequate price competition for this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during the evaluation the Contracting Officer determines that adequate price competition no longer exists, Offerors may be required to submit information to the extent necessary to determine the price fair and reasonable.

Offer Format and Page Limits: Submit one (1) digital copy in either Microsoft Word, Microsoft Excel or Adobe Acrobat format. For the purposes of this RFQ a page is defined as one side. Page limits for each volume are identified in the following tables:

VOLUME I - CONTRACT DOCUMENTS

TAB # 1 Cover Page, Limited to one (1) page.

• Company name, Cage Code, etc

TAB # 2 Representations and Certifications

• Complete representations and certifications and/or the System for Award Management (SAM). Ensure company’s data is current and up- to-date in the System for Award Management (SAM) (https://www.sam.gov/SAM/) to include Representations and Certifications.

• Provide completed reps and certs that require offeror responses Attachment #6; See paragraph 1 below for instructions

TAB # 3 Financial Responsibility Questionnaire (Attachment #7), No Page Limit.

• Offerors shall provide completed Financial Responsibility Questionnaire;

• See paragraph 2 below for instructions

1. Some of the required representations and certifications are not listed in the System for Award Management therefore Offerors will need to ensure that they have manually filled out any representations and certifications that are not found in SAM, see Attachment #6 of this solicitation.

2. Once the apparent successful Offeror is selected the Government will evaluate the Offeror’s financial capabilities as specified in FAR 9.104-3(a). In the case of a Teaming Agreement, the financial capabilities of both teaming partners will be evaluated, with the Prime Contractor’s financial capability carrying significantly more weight than the subcontractor’s. Attachment #7, Financial Reference Worksheet will be forwarded to the financial institution and a determination will be made regarding the apparent successful Offerors financial capabilities and overall Offeror responsibility using the specified criteria at FAR 9.104.

VOLUME II - PRICE VOLUME

TAB # 1 Prices, No Page Limit.

• Offerors shall complete the spreadsheet at Attachment #5 Pricing Worksheet by inputting their proposed prices for each CLIN for the Base and all Option Years;

•See paragraph 3 below

3. Insert unit prices and extended prices in the Pricing Worksheet, Attachment #5.

VOLUME III - TECHNICAL VOLUME

TAB #

Subfactor 1 – Management Approach:

• Offerors shall submit a Mobilization/Transition Plan that details the Offeror’s approach to facilitating a smooth transition. Limited to five (5) pages.

• Offerors shall submit a Staffing Plan that details the Offeror’s approach to hiring and retaining qualified employees. Limited to ten (10) pages.

• Offerors shall submit a Government Furnished Property (GFP) Plan that details the Offeror’s approach to maintaining and accounting for GFP. Limited to five (5) pages.

• See paragraph 4 below for instructions

TAB #

Subfactor 2 – Maintenance Approach:

• Offerors shall submit a Maintenance Plan that details the Offeror’s approach to provide a quality service and comply with technical orders. Limited to ten (10) pages.

• See paragraph 4 below for instructions

4. Offerors shall provide any necessary literature in order to determine technical acceptability in accordance with the Performance Work Statement and the evaluation criteria stated in FAR 52.212-2 below.

VOLUME IV - PAST PERFORMANCE VOLUME

TAB #1 Past Performance Summary, Limited to 1 page per reference.

• See paragraph 5 below for instructions

TAB #

Completed Past Performance Questionnaires (Attachment #8), Limit to 5 references.

• Completed by Assessor

• See paragraph 6 below for instructions

TAB #

Subcontractor Consent, if applicable, Limited to 1 page per subcontractor.

• Provide letters from subcontractors consenting to using their Past Performance information

• See paragraph 7 below for instructions

TAB #

Adverse Information (if any), No Page Limit.

• See paragraph 8 below for instructions

5. Past Performance Summary: Provide a summary of the previous contracts described above, not to exceed one (1) pages of Past Performance information per reference. The summary shall explain what aspects of each contract are deemed recent and relevant as related to the requirements of this solicitation and in accordance with FAR 52.212-2 cited below. Offerors submitting Past Performance information regarding predecessor companies, key personnel, or subcontractors, are highly encouraged to provide sufficient details regarding them to allow the Government to fully evaluate the relative value of the information. For example: how is the Past Performance of a predecessor company, key personnel, or subcontractor recent and relevant to the determination of this Offeror’s ability to perform THIS contract. What will the level of involvement of “key personnel” be on this contract effort? Provide full details of any subcontractor’s involvement on this work effort. However, Past Performance regarding predecessor companies, key personnel who have recent and relevant experience, or subcontractors that will perform major or critical aspects of the requirement will NOT be rated as highly as Past Performance information for the principal Offeror. Failure to provide required relevancy description may impact the confidence rating. Past Performance Information shall include the following:

•Name of project (Contract number, if applicable) •Name and address of customer or Government agency •Name, telephone, fax number and/or email of customer contact or Contracting Officer •Dollar value •Period of performance/Completion date •Brief description of work performed, and why the effort is relevant •Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions

6. Past Performance Questionnaires: Provide the form at Attachment #8 of not more than five (5) recent and relevant contracts performed for Federal agencies and commercial customers that relate to the Past Performance Summaries provided. Completed Past Performance questionnaires are to be provided back to the Offeror by their references as part of the Volume IV submission. No other Past Performance questionnaires will be accepted.

7. Subcontractor Consent: Past Performance information pertaining to a subcontractor cannot be disclosed to the Prime Offeror without the subcontractor’s consent. If applicable, provide with the offer a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their Past Performance information to the Prime Contractor.

8. Adverse Past Performance: Offerors shall provide any adverse information they received in the past three (3) years, such as Letters of Concern, Cure and or Show Cause Notices, Terminations for Cause/Default and a narrative explaining the circumstances resulting from its receipt and corrective actions taken, if applicable. This may include a discussion of efforts accomplished by the Offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Merely having problems does not automatically equate to a limited or no confidence rating, since the problems encountered may have been on a more complex program, or an Offeror may have subsequently demonstrated the ability to overcome the problems encountered. The Offeror shall clearly demonstrate management actions employed in overcoming problems and the effects of those actions, in terms of improvements achieved or problems rectified. Submittal of quality performance indicators or other management indicators that clearly support that an Offeror has overcome past problems is required.

B. OFFER EVALUATION:

Evaluation of offers will occur using the Lowest Price Technically Acceptable (LPTA) approach with Past Performance. See FAR 52.212-2 Evaluation -- Commercial Items for evaluation process.

C. PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following website: http://farsite.hill.af.mil.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-02 effective 23 November 2019, DFAR DPN 20190531 effective 01 October 2019, and AFFARS AFAC 2019-1001 effective 01 October 2019.

The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by reference:

- FAR 52.203-3, Gratuities;

- FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions;

- FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights;

- FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper;

- FAR 52.204-7, System for Award Management;

- FAR 52.204-9, Personal Identity Verification of Contractor Personnel;

- FAR 52.204-13, System for Award Management Maintenance;

- FAR 52.204-16, Commercial and Government Entity Code Reporting;

- FAR 52.204-18, Commercial and Government Entity Code Maintenance;

- FAR 52.204-22, Alternative Line Item Proposal;

- FAR 52.212-1, Instructions to Offerors—Commercial Items;

- FAR 52.212-4, Contract Terms and Conditions--Commercial Items;

- FAR 52.217-5, Evaluation of Options;

- FAR 52.223-5, Pollution Prevention and Right-to-Know Information;

- FAR 52.228-5, Insurance Work on a Government Installation;

- FAR 52.229-3, Federal, State, and Local Taxes;

- FAR 52.232-18, Availability of Funds;

- FAR 52.232-39, Unenforceability of Unauthorized Obligations;

- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

- FAR 52.237-1, Site Visit;

- FAR 52.237-2, Protection of Government Building, Equipment and Vegetation;

- FAR 52.237-3, Continuity of Services;

- FAR 52.242-13, Bankruptcy;

- FAR 52.245-1 and 52.245-1 Alt I, Government Property;

- FAR 52.245-9, Use and Charges;

- FAR 52.246-4, Inspection of Services - Fixed Price

The following Defense Federal Acquisition Regulation (DFAR) provisions and clauses apply http://farsite.hill.af.mil/ to this solicitation and are incorporated by reference:

- DFARS 252.201-7000, Contracting Officer’s Representative;

- DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials;

- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights;

- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials;

- DFARS 252.204-7003, Control of Government Personnel Work Product;

- DFARS 252.204-7004, Antiterrorism Awareness Training for Contractors;

- DFARS 252.204-7006, Billing Instructions;

- DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls;

- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting;

- DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors;

- DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders;

- DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism;

- DFARS 252.211-7007, Reporting of Government Furnished Property;

- DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials;

- DFARS 252.223-7008, Prohibition of Hexavalent Chromium;

- DFARS 252.225-7031, Secondary Arab Boycott of Israel;

- DFARS 252.225-7048, Export Controlled Items;

- DFARS 252.225-7052, Restriction on Acquisition of Certain Magnets and Tungsten;

- DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns;

- DFARS 252.232-7003, Electronic Submission of Payment Requests;

- DFARS 252.232-7010, Levies on Contract Payments;

- DFARS 252.243-7001, Pricing of Contract Modifications;

- DFARS 252.243-7002, Request for Equitable Adjustment;

- DFARS 252.244-7000, Subcontract for Commercial Items;

- DFARS 252.245-7001, Tagging, Labeling, and Marking of Government-Furnished Property;

- DFARS 252.245-7002, Reporting Loss of Government Property;

- DFARS 252.245-7003, Contractor Property Management System Administration;

- DFARS 252.246-7003, Notification of Potential Safety Issues; and

- DFARS 252.247-7023, Transportation of Supplies by Sea

The following Air Force Federal Acquisition Regulation Supplement (AFFARS) provisions and clauses apply to this solicitation and are incorporated by reference:

- AFFARS 5352.223-9001, Health and Safety on Government Installations; and

- AFFARS 5352.242-9001, Common Access Cards (CAC) for Contractor Personnel

The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text:

FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

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

Technical: Acceptable/Unacceptable Past Performance: Acceptable/Unacceptable

Price

Technical and past performance, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options 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.

A. EVALUATION FACTORS:

Each Offeror’s offer shall be evaluated based on the factors/subfactors below, to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Performance Work Statement and demonstrates a thorough knowledge and understanding of those requirements and their associated risks.

1. PRICE (VOLUME II):

a. Price will be reviewed and evaluated based on the CLINs shown above under “Description of Requirement”. The Offeror’s Price quote will be evaluated on a Total Evaluated Price (TEP) basis to include all option years. The Offeror must submit prices for each year in order to be considered acceptable.

b. Evaluation of Options: For the purposes of the award of this contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract in option year four (4). Evaluation of options shall not obligate the Government to exercise such options.

c. Price Reasonableness: Normally, Price reasonableness is established through adequate price competition, but may also be determined using one or more of the techniques defined in FAR

15.404. Price fair and reasonableness will be evaluated, at a minimum, based on the comparison of the Offeror’s overall TEP with all other competitive Offerors’ overall TEPs received in response to the solicitation.

2. TECHNICAL (VOLUME III):

a. The Government technical evaluation team shall evaluate the Technical submissions on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. Those Offerors deemed technically unacceptable will not be evaluated further. The Offeror’s Technical submission shall demonstrate a sound plan for accomplishing work requirements identified in the PWS with the appropriate personnel, experience, and processes.

b. Offeror Technical submissions will be evaluated in accordance with the table below:

Technical Acceptable/Unacceptable Ratings Rating Description

Acceptable Offer meets the requirements of the solicitation.

Unacceptable Offer does not meet the requirements of the solicitation.

c. The following Technical sub-factors will be evaluated:

(1) Management Approach: The Offeror must provide a plan that demonstrates a clear grasp of the Performance Work Statement requires that includes the following at a minimum:

(i) Mobilization. The standard is met when: the proposed mobilization plan and timelines are clear and realistically assure full performance upon conclusion of mobilization. The plan thoroughly addresses transition activities and ensures the offeror will fully comply with PWS requirements while facilitating transition, and the offer provides:

• Viable approaches to recruit, train, qualify/certify employees.

• Sound approach to provide sufficient materials and equipment.

(ii) Staffing. The standard is met when: the proposed approach demonstrates a thorough understanding of workforce size, roles, and qualifications required to meet PWS requirements while complying with Collective Bargaining Agreement (CBA) limitations and mandates and the offer provides:

• An adequate number of qualified employees that have the AFE (1P0X1), prior Aircrew Life Support (AFSC 1T1X1) and/or Survival Equipment (AFSC 2A7X4) technical training courses (or equivalent), sister-service equivalent courses, or Federal Aviation Administration certified equivalent background.

• Sufficient descriptions of role and responsibilities.

(iii) Government Furnished Property. The standard is met when the offer describes a detailed process for managing Government furnished property/equipment (GFP/GFE) and the offer provides:

• Effective procedures for maintaining accurate accountability and documentation of GFP/GFE throughout the life of the contract.

(2) Maintenance Approach: The standard is met when the proposed approach adequately ensures performance of AFE functions within the uniquely complex Eglin AFB operational environment the offer provides:

• Comprehensive processes to perform scheduled/unscheduled parachute inspection/repack requirements.

• Adequate process to manage the full cycle of production to include: planning, scheduling, directing, and controlling all maintenance of AFE time change assets within primary mission aircraft.

• Robust processes to perform Time Compliance Technical Orders (TCTOs), Time Change

Items

• (TCIs) and One Time Inspections (OTIs) on AFE equipment in the high operational tempo environment.

3. PAST PERFORMANCE (VOLUME IV):

a. Utilizing the information provided in Volume IV, Past Performance Submission to include Past Performance Summaries and completed Past Performance Questionnaires, the Contractor Performance Assessment Reporting System (CPARS) and other available information, the Contracting Officer shall seek recent and relevant performance information on all Offerors based on

(1) the past and present efforts provided by the Offeror and (2) data independently obtained from other Government, commercial and other sources. The Past Performance evaluation assesses the degree of confidence the Government has in the Offeror’s ability to successfully perform the requirements of this effort. The evaluation considers recency, relevancy and quality.

(1) Recent Definition: Ongoing contracts with a performance history, and contracts completed within three (3) years from the issue date of this solicitation.

(2) Relevancy Definition: Performance of work efforts include providing all labor, equipment, tools, materials, supervision, logistics, training, technical support, and other items and services necessary to manage and provide Aircrew Flight Equipment maintenance services in accordance with the Performance Work Statement (PWS) dated 01 October 2019. Relevant past performance would be services that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation and Performance Work Statement.

b. The Government shall evaluate the Offeror’s Past Performance to assess the Offeror’s ability to perform the effort described in this RFQ, based on the Offeror’s demonstrated present and Past Performance. The Government will conduct a past performance evaluation rating based upon Past Performance of the Offerors as it relates to the probability of successfully performing the solicitation requirements. This evaluation will include the Contractor’s record of (i) conforming to the Performance Work Statement and contract requirements, (ii) management of the service, (iii) reasonable and cooperative behavior and performance and commitment to customer satisfaction, and (iv) quality control. This rating represents the Government’s judgment of the probability of an Offeror successfully accomplishing the proposed effort, based upon the Offeror’s demonstrated present and Past Performance. The rating process will result in an overall Past Performance evaluation rating of Acceptable or Unacceptable.

c. The Government will use the following procedures in evaluating Past Performance:

(1) The Past Performance evaluation will take into account Past Performance information regarding predecessor companies, key personnel, or subcontractors that are proposed to perform major or critical aspects of the requirement (i.e., 25% or more of the work) when such information is relevant to this acquisition.

(2) Offerors with no recent and relevant past or present performance history or the Offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating of "Acceptable.”

Past Performance Evaluation Ratings Rating Description Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

B. EVALUATION PROCESS

1. All offers will be evaluated for Technical acceptability. All technically acceptable offers will be then be sorted from lowest TEP to the highest TEP.

2. The first lowest TEP acceptable offer will then be evaluated for Past Performance acceptability.

If the first lowest TEP offer is determined to be reasonable, and is judged to have an Acceptable Technical Rating and Past Performance Evaluation Rating, that Offeror represents the Best Value for the Government and the evaluation process stops at this point. Award will be made to that Offeror without further consideration of any other offers.

3. If the lowest TEP technically acceptable offer is not determined to be reasonable, or is not judged to have an Acceptable Past Performance Evaluation Rating, the next lowest TEP offer will be evaluated and the process will continue in sequential order until an acceptable Offeror whose Price is reasonable, is judged to have an Acceptable Technical Rating and Past Performance Rating; that Offeror represents the Best Value for the Government and the evaluation process stops at this point.

Award will be made to that Offeror without further consideration of any other offers.

4. Offerors are cautioned to submit sufficient information and in the format specified above.

Offeror’s may be asked to clarify certain aspects of their offer (for example, the relevance of Past Performance information) or respond to adverse Past Performance information to which the Offeror has not previously had an opportunity to respond. Adverse Past Performance is defined as Past Performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for offer revision.

5. Technical and past performance, when combined, are approximately equal to price.

6. 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).

7. 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.

(END OF PROVISION)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(JAN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5)[Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10)[Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

(13)[Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Nov 2016) of 52.219-9.

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

(iv) Alternate III (Nov 2016) of 52.219-9.

https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

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

X (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)

(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

X (29)

(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (ii) Alternate I (July 2014) of 52.222-35.

X (30)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)

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

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38)

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

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

__ (39)

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

(ii) Alternate I (Jun 2014) of 52.223-14.

https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small-business-concerns#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible-under-women-owned-small-business-program#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-3-convict-labor#i1055332 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-40-notification-employee-rights-under-national-labor-relations-act#i1056304 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-54-employment-eligibility-verification#i1056753 https://www.acquisition.gov/content/221803-contract-clause#i1095479 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-11-ozone-depleting-substances-and-high-global-warming-potential-hydrofluorocarbons#i1053180 https://www.acquisition.gov/content/52223-12-maintenance-service-repair-or-disposal-refrigeration-equipment-and-air-conditioners#i1053196 https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207 https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207 https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232 https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)

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

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)

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

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

___(48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60)

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

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

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

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

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

https://www.acquisition.gov/content/52223-15-energy-efficiency-energy-consuming-products#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274 https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274…