FA520923Q043A Combo.pdf

COMBINED SYNOPSIS/SOLICITATION

FA520923Q043A

Flight Dispatch Services

1. This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the format in the Federal Acquisition Regulation (FAR), subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued.

2. The Request for Quotation (RFQ) number FA520923Q043A is issued and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-02, DPN 20230427, and Air Force Acquisition Circular (AFAC) 2023-0508

3. The NAICS is 488190, Other Support Activities for Air Transportation. The Small Business Size Standard for this NAICS code is $40 Million annual receipts. This acquisition is unrestricted.

4. Requirement Description: The contractor shall provide flight dispatch services IAW attached Performance Work Statement dated 5 May 2023.

5. Place of Performance: At contractor’s facility.

6. Period of Performance: 1 Jul 23 through 30 Jun 24, or agreed upon at time of award, with four (4) one-year options.

7. Pricing/CLIN Structure: See attached Schedule of Services

8. Points of contact:

Contracting Officer: TSgt Micah-James Carley – micah-james.carley@us.af.mil Contracting Officer: SSgt Dimitri Pfeifer – dimitri.pfeifer@us.af.mil

9. Response Date and time: Quotes must be provided in accordance with this combined synopsis/solicitation and submitted by 30 May 2023, 1600 Japan Standard Time (JST), to the points of contact listed above. Any questions should be submitted to the points of contact listed above not later than 24 May 2023 to allow the Government sufficient time to respond.

10. All companies must be registered in the System for Award Management at https://www.sam.gov/ to be considered for award. The Government will not provide contract financing for this acquisition.

Invoice instruction shall be provided at time of award.

ATTACHMENTS:

1. Fill-in 52.204-24

2. Schedule of Services

3. PWS Flight Dispatch Services

4. QASP Flight Dispatch Services https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/change_notices.html https://www.acquisition.gov/affars mailto:micah-james.carley@us.af.mil mailto:dimitri.pfeifer@us.af.mil https://www.sam.gov/

ATTACHMENT 1

APPLICABLE CLAUSES AND PROVISIONS

It is the quoter’s responsibility to be familiar with all applicable clauses and provisions. All FAR/ DFARS/AFFARS clauses and provisions may be viewed in full text at https://www.acquisition.gov/content/regulations The following clauses and provisions apply to this acquisition:

CLAUSES INCORPORATED BY REFERENCE

FAR Clauses:

52.203-3 Gratuities Apr 1984 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services Dec 2022

52.225-14 Inconsistency Between English Version and Translation of Contract Feb 2000 52.228-3 Worker's Compensation Insurance (Defense Base Act) Jul 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

DFARS Clauses:

252.201-7000 Contracting Officer's Representative Dec 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec 2022 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Information Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support Jan 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

252.225-7012 Preference for Certain Domestic Commodities Apr 2022 252.225-7041 Correspondence in English Jun 1997

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 252.232-7010 Levies on Contract Payments Dec 2006 252.243-7002 Request for Equitable Adjustment Dec 2022 252.244-7000 Subcontracts for Commercial Items Jan 2023

CLAUSES IN FULL-TEXT

FAR 52.212-5 Contract Terms and Conditions Required to Implement Status or Executive Orders

– Commercial Products and Commercial Services (Mar 2023).

(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 products and commercial services:

https://www.acquisition.gov/content/regulations

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

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

(8) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (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).

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

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

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

(35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(58) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O

13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31

U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-8 Option to Extend Services (Nov 1999).

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 30 days before contract expiration.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (Jan 2023).

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

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the

Contracting Officer.

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.:

(2) Fast Pay requests are only permitted when FAR 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0671 Issue By DoDAAC FA5209 Admin DoDAAC FA5209 Ship To Code W90W00 https://wawf.eb.mil/ https://wawf.eb.mil/

Service Approver (DoDAAC) W90W00 Service Acceptor (DoDAAC) W90W00

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. Contracting POC: micah-james.carley@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

DFARS 252.232-7007 Limitation of Government’s Obligation (Apr 2014).

(a) Contract line item(s) To be Determined (TBD) through TBD is/are incrementally funded. For this/ these item(s), the sum of $/Y TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state

(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $/Y – (TBD)

(month) (day), (year) $/Y---- (TBD)

(month) (day), (year) $/Y---- (TBD)

(month) (day), (year) $/Y---- (TBD)

AFFARS 5352.201-9101 Ombudsman (Oct 2019).

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman.

AFICC/KH (Chief Enlisted Manager) 25 E Street, Suite B-100

JBPH-H, HI 96853-5427

Phone: (808) 449-8569

FAX: (808) 449-8571

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

PROVISIONS INCORPORATED BY REFERENCE

FAR Provisions:

52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.212-1 Instructions to Offerors— Commercial Products and Commercial Services Mar 2023 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan Oct 2020

DFARS Provisions:

252.203-7005 Representation Relating to Compensation of Former DoD Officials Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls Oct 2016 252.215-7007 Notice of Intent to Resolicit Jun 2012 252.215-7008 Only One Offer Dec 2022 252.225-7031 Secondary Arab Boycott of Israel Jun 2005 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism Dec 2022

PROVISIONS IN FULL-TEXT

52.209-7 Information Regarding Responsibility Matters (Oct 2018).

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

Addendum to 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Mar 2023).

1. Paragraph 52.212-1(c), “Period for Acceptance of Offers,” is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.”

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

(m) Quotation Preparation Instructions.

(1) To assure timely and equitable evaluation of proposals, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Quoters 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 - Summary and Miscellaneous Data, Part II - Price, Part III - Technical, and Part IV - Past Performance.

(2) Specific Instructions:

PART I – SUMMARY AND MISCELLANEOUS DATA.

(a) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and

Certifications at www.sam.gov. Any provision not completed electronically via SAM must be submitted along with the quotation.

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

PART II – PRICE.

(a) This part shall contain a completed Schedule of Services.

(b) Insert quoted unit price(s) and extended amount(s) in the Schedule of Services for each Contract

Line Item Number (CLIN), including all option periods. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places.

(c) Extreme care should be exercised to ensure that no price data of any kind are included in Part III or Part IV.

PART III – TECHNICAL.

The quoter shall provide a technical quotation addressing the below subfactors that is limited to no more than 12 pages (Six two-sided sheets). Submit one electronic copy (Adobe Acrobat Portable Document Format).

Subfactor 1: Technical Capability Statement. The quoter shall provide a Technical Capability Statement that includes a narrative that demonstrates a clear understanding of and technical approach to the requirement for Flight Planning and Dispatch services in accordance with (IAW) the PWS.

Subfactor 2: Certification Capability Statement. The quoter shall provide documentation including a statement that demonstrates the ability to provide aircraft dispatchers that establish and maintain certifications IAW the PWS at paragraph 1.2.3, Special Qualifications.

Subfactor 3: Quality Control Plan. The quoter shall provide a written Quality Control Plan IAW PWS that fully demonstrates how the quoter is going to meet and manage the PWS requirements, processes, and procedures.

The plan shall include the quoter’s Quality Control Plan (QCP) that demonstrates that the quoter, not the Government, is responsible for management and quality control actions to meet the terms of the contract. The quoter is responsible for a comprehensive program of inspections and monitoring that measure, assess and control the quality of the work performed on all aspects of this contract. At a minimum, address each metric in the Services Summary Table, and provide any metrics/measures specific to internal processes.

PART IV – PAST PERFORMANCE.

(a) Past Performance Information (PPI).

Provide a list of no more than three (3) recent and relevant contracts performed for any customer.

[See definitions of recent and relevant in addendum to 52.212-2, paragraph (d)(2)]. Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Description of Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Value

(vi) Period of Performance

(vii) Verified, up-to-date name, mailing and e-mail addresses, and telephone number of the contracting officer (Point-of-Contact)

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

Include rationale supporting your assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the quoted effort. If a quoter has no past performance history of relevance, the quoter must affirmatively state it possesses no past performance history of relevance.

(b) Quality and Satisfaction Rating of Contracts. Provide any PPI currently available (letters, metrics, customer surveys, independent surveys, etc.) that demonstrates customer satisfaction with overall job performance and/or quality of completed and/or ongoing contracts. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems.

(c) The evaluation of PPI will take into account PPI regarding (i) predecessor companies, (ii) PPI regarding teaming partners, and/or (ii) PPI regarding subcontractors that will perform major aspects of the requirement when such information is relevant to this acquisition. Major aspects are identified in Performance Work Statement (PWS) paragraphs 2.1, 2.2.1, 2.2.4-2.2.6, 2.2.10, 2.2.12, and 2.2.15.

(d) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any recent and relevant PPI on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

(e) Subcontractor Consent. PPI pertaining to a subcontractor cannot be disclosed to the prime contractor without the subcontractor’s consent. Provide with the quotation a letter from each subcontractor that will perform major aspects of the requirement, consenting to the release of its past performance information to the prime contractor.

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

(a) Requirements of the solicitation (CLINs) and Government standards.

(b) FAR 52.212-2, Evaluation – Commercial Products and Commercial Services, of this solicitation.

(c) Submission for the quotation shall be as follows:

(i) Quoters shall submit electronic copies of quotation via e-mail. By submitting an electronic copy, quoter assume all risk of quotations not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe.pdf files will be accepted. No zip files will be accepted. Email the file(s) by the solicitation closing date and time to the following email addresses: micah-james.carley@us.af.mil and dimitri.pfeifer@us.af.mil. The Government will confirm receipt of your submission via email reply.

(ii) The following table summarizes the quotation submission:

(End of Addenda)

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 quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate quotes:

(1) Price

(2) Technical

(3) Past Performance

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, will result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept a 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.

Addendum to FAR 52.212-2, Evaluation - Commercial Products and Commercial Services

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

(d) Basis for Contract Award: The Government will award a Firm Fixed Price award resulting from this solicitation to the responsible and responsive quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered, in accordance with (IAW) Federal Acquisition Regulation (FAR) Parts 12 and 13. By submission of its quote IAW the instructions provided in clause FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, the quoter accedes to all solicitation requirements, including terms and conditions and representations and certification. Failure to meet a requirement may result in a quote being determined unacceptable. Initially, each quoter’s technical quote will be evaluated for technical

Par t Title Electronic

Copy Paper Copy Page Limit Due Date

I Summary and Misc Data 1 N/A N/A Closing date of RFQ

II Price 1 N/A N/A Closing date of RFQ III Technical 1 N/A 12 Closing date of RFQ IV Past Performance 1 N/A N/A Closing date of RFQ acceptability/unacceptability. All quotes that receive an Acceptable rating for the Technical factor will be evaluated for acceptable Past Performance. Technically acceptable quotes with acceptable Past Performance will be evaluated for price and will be determined to be fair and reasonable using one or more of the techniques set forth in FAR 13.106-3(a). The evaluation process will include the following:

(1) Technical: The Government will evaluate technical quotations on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in the table below.

TABLE 1: TECHNICAL RATINGS

Rating Definition Acceptable All technical subfactors receive an acceptable rating.

Unacceptable One, some or all technical subfactors received an unacceptable rating.

The technical factor will assess the following subfactors:

Subfactor 1: Technical Capability Statement. The Government will evaluate whether quoter’s Technical Capability Statement demonstrates a clear understanding of and technical approach to the requirement for Flight Planning and Dispatch services IAW the PWS.

Acceptable The quoter demonstrates their ability to meet PWS requirements within the parameters listed in the evaluation criteria and/or the PWS as appropriate.

Unacceptable The quoter does not demonstrate their ability to meet PWS requirements within the parameters listed in the evaluation criteria and/or the PWS as appropriate.

Subfactor 2: Certification Capability Statement. The Government will evaluate the quoter’s ability to provide aircraft dispatchers that establish and maintain certifications IAW the PWS at paragraph 1.2.3, Special Qualifications.

requirements to obtain and maintain required certification within the PWS at paragraph 1.2.3.

Unacceptable The quoter does not demonstrate their ability to meet PWS requirements to obtain and maintain required certification within the PWS at paragraph 1.2.3.

Subfactor 3: Quality Control Plan. The Government will evaluate whether the quoter demonstrates their ability to meet and manage PWS requirements with the submitted Quality Control Plan.

Additionally, the Government will evaluate whether the quoter addresses each metric in the Services Summary Table with metrics/measures specific to internal processes.

requirements with the submitted Quality Control Plan.

Unacceptable The quoter does not demonstrate their ability to meet PWS requirements with the submitted Quality Control Plan.

(2) Past Performance: The Government will evaluate past performance information (PPI) on all quoters based on (a) the PPI and Quality and Satisfaction Rating provided by the quoter (PART IV) and

(b) any data independently obtained by the Government.

PPI regarding predecessor companies of the quoter, teaming partners, and/or subcontractors that will perform major aspects as identified in paragraphs 2.1, 2.2.1, 2.2.4-2.2.6, 2.2.10, 2.2.12, and 2.2.15 of the Performance Work Statement (PWS) will be evaluated.

Recency Assessment. An assessment of the PPI will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Ongoing contracts shall have completed at least six (6) months of performance by the solicitation release date in order to be considered for acceptability. PPI that fails this condition will not be evaluated.

Relevancy Assessment. The Government will conduct an evaluation of all recent PPI obtained to determine whether the services performed under those contracts relate to the services identified within the PWS. A relevancy determination of the quoter’s PPI will be made based upon the aforementioned considerations, including predecessor companies, teaming partner(s), and subcontractor(s). In determining the relevancy of effort performed under individual past performance contracts, the Government will only consider the specific effort or portion consistent with that proposed by the prime, teaming partner, or subcontractor. PPI pertaining to a subcontractor cannot be disclosed to the prime quoter without the subcontractor’s consent. PART IV and information obtained from other sources will be used to establish the relevancy of past performance. Relevant is defined as: Present/past performance effort involved similar, or essentially the same, scope and magnitude of effort and complexities this solicitation requires.

TABLE 2: PAST PERFORMANCE RATINGS

Acceptable Based on the quoter’s recent and relevant Past

Performance, the Government has a reasonable expectation that the vendor will successfully perform the required effort, or the contractor’s performance record is unknown.

Unacceptable Based on the quoter’s recent and relevant Past Performance, the Government does not have a reasonable expectation that the contractor will be able to successfully perform the required effort.

(3) Price: The Government will rank all quotes by TEP for Contract Line Item Number (CLIN) 0001, including all option prices (1001, 2002, etc.). The price evaluation will document the fairness and reasonableness of the TEP. The Government reserves the right to perform price realism analysis. If the Government elects to perform a price realism analysis, the Government reserves discretion over the method within which it performs its price realism analysis. If the Government elects to perform a price realism analysis and finds a proposal unrealistic, the Government may withhold award to that quoter.

Total Evaluated Price. A TEP will be computed for each quote in order to meet the requirements of

FAR Parts 6 and 17. The price of a six-month extension authorized by FAR 52.217-8, Option to Extend Services, will be added to the proposed price for each potential contract performance period.

The TEP is a two-part computation. First, the quoter’s total quoted price will be determined by multiplying the quantities identified in the Pricing Schedule (Schedule of Services) by the unit price, limited to two decimal places, for each CLIN to confirm the extended total amount for each CLIN; the sum of all extended amounts will be the quoter’s total quoted price. Second, the total quoted price (total amount for CLINs X001) plus the sum of FAR 52.217-8 formula (shown below) will constitute the TEP.

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

Base Year = CLIN Extended Amount x 0.5* Option Year 1 = CLIN Extended Amount x 0.5* Option Year 2 = CLIN Extended Amount x 0.5* Option Year 3 = CLIN Extended Amount x 0.5* Option Year 4 = CLIN Extended Amount x 0.5*

Note: *0.5 is the multiplicative factor used to derive the 6 months quantity value.

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

Quoters are cautioned to submit sufficient information and in the format specified in FAR 52.212-1 of this solicitation. The Government intends to award a contract without further interchanges with quoters.

Consequently, quoters are highly encouraged to quote their best quote in their initial submissions.

However, the Government reserves the right to have interchanges with any or all quoters, if it is determined advantageous for the Government to do so. This statement is not to be construed to mean that the Government is obligated to have interchanges with every quoter (note that FAR Part 15 procedures do not apply to FAR 13 procedures, therefore formal discussions are not applicable). A quoter may be eliminated from consideration without further interchanges if its quote is not among those considered most advantageous to the Government based on a best value determination.

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Products and Commercial Services (Dec 2022).

(Fill out in SAM.gov)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021).

(Fill out in attachment)

52.233-2 Service of Protest (Sep 2006).

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Micah-James C. Carley, Contracting Officer, 374 CONS/PKA, Unit 5228, Bldg 620, APO AP 96328-5228, or by email at micah-james.carley@us.af.mil.

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

(End of provision)