Attch_7_BAA_FA8650-19-S-5004_Section_L_-_2019.08.08.pdf

FA8650-19-S-5004

Attachment 7 8 Aug 2019

PART IV -REPRESENTATIONS AND INSTRUCTIONS

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SECTION L - INSTRUCTIONS2 CONDITIONS AND NOTICES TO OFFERORS

I. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS

52.203-18

52.204-07 52211-14

52.215-01 52.215-16 52.215-22

52.216-01

52.222-24

52.233-02

52.237-01

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

ITERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS- REPRESENTATION

(JAN 2017)

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Contracting Officer indicates DX or DO Rated Order: 'DO-A1'

INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

FACILITIES CAPITAL COST OF MONEY (JUN 2003)

LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF

SUBCONTRACT EFFORT (OCT 2009)

TYPE OF CONTRACT {APR 1984)

Type of contract is 'Cost-Plus-Fixed-Fee or Cost Reimbursement-No Fee'

PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB

1999)

SERVICE OF PROTEST (SEP 2006)

Para (a) Official or location is Mary Ann Sharits, (937) 713-9898, mary.sharits@us.af.mil'

SITE VISIT (APR 1984)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT SOLICITATION PROVISIONS

252.215-7008 ONLY ONE OFFER (OCT 2013)

252.215-7013 SUPPLIES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE

CONTRACTORS (JAN 2018)

252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE

GOVERNMENT (JUN 1995)

II. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated in full text

FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS IN FULL TEXT

- (a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offerer shall check either (1) or (2).]

(1) The Offeror certifies that-

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the

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PAGEL-2 of 5 most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offerer is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

{1} Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offerer or any person owned or controlled by the Offerer may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determinati'on of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offerer or any person owned or controlled by the Offerer has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to

NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless-

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

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(2) In accordance with paragraph (b)(2) of this provision, the Offerer provides with its offer information that the President of the United States has-

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offerer knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offerer is cautioned that the listed provisions may include blocks that must be completed by the offerer and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offerer may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48

CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

OTHER SOLICITATION PROVISIONS IN FULL TEXT

The appropriate clauses to be included in the contract will be determined based on Offerer's response to the Section K representations.

(a) Patent Rights. If the Offerer is a small business firm or nonprofit organization, then FAR

52.227-11, PATENT RIGHTS -- OWNERSHIP BY THE CONTRACTOR, and DFARS 252.227-7039, PATENTS- REPORTING OF SUBJECT INVENTIONS will be used in Section I. Otherwise, DFARS 252.227-7038, PATENT RIGHTS- OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS), will be included in Section I consistent with FAR Part 27.

(b) Cost Accounting Standards. Section I of this solicitation may contain the three Cost

Accounting Standards clauses at FAR 52.230-3, 52.230-4, 52.230-5, and/or 52.230-6. The resultant contract will contain only those clauses required based on the Offerer's response to the Section K certification titled Cost Accounting Standards Notices and Certification (National Defense).

(c) State of New Mexico. Section I of this solicitation may contain the clause at FAR 52.229-10, STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX. The resultant contract will

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PAGEL-4 of 5 contain this clause only if performance is in whole or in part within the State of New Mexico and the contract directs or authorizes the contractor to acquire property as a direct cost under the contract.

(d) Educational institutions and nonprofit organizations. If a cost-reimbursement type contract is contemplated and the offerer is an educational institution, paragraph (a) of the clause at FAR 52.216-7, Allowable Cost and Payment shall be altered in the resultant contract to refer to FAR Subpart 31.3 for determining allowable costs. Similarly, if the offeror is a nonprofit organization (other than an educational institution, a State or local government, or a nonprofit organization exempted under 0MB Circular No. A- 122), paragraph (a) of the clause at FAR 52.216-7 shall be altered to refer to FAR Subpart 31.7. In addition, if the offerer is an educational institution, DFARS 252.209:-7005, MILITARY RECRUITING ON CAMPUS, will be added to Section I of the resultant contract.

(e) Subcontracting Plan. DFARS 219.708 was amended to require the use of clause 252.219-

7004, Small Business.Subcontracting Plan (Test Program), instead of 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), and FAR 52.219-9, Small Business Subcontracting Plan, in prime contracts with contractors that have comprehensive subcontracting plans approved under the test program described in DFARS 219.702. Also, include in the prime contract, solely for the purpose of flowing the clauses down to subcontractors, FAR clause 52.219-9, Small Business Subcontracting Plan, and 252.219-7003, or when contract will not be reported in FPDS, FAR clause 52.219-9, Small Business Subcontracting Plan with its Alternate Ill and 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) with its Alternate I.

FAR 52.219-9 AND DFARS 252.219-7003 are included in this solicitation and will be incorporated into any resultant contract. A subcontracting plan is required from all offerers other than small business concerns for proposals exceeding $500,000 which contain subcontracting opportunities. The plan shall be submitted with the initial proposal and will be concurrently negotiated. If a cost proposal is required by this solicitation, it must relate to, and substantiate, the submissions under FAR 52.219-9(d). Also substantiate the reasonableness of any additional costs to be expended in pursuit of the small disadvantaged business goal. The offeror's submission must provide sufficient information to support the contracting officer's review of the subcontracting plan to determine: (a) if it is acceptable (otherwise an offerer will be ineligible to receive the contract award); and (b) if at the time of contract completion any small disadvantaged business subcontracting incentive or award fee has been earned. Contractors who have been selected for participation in the DoD test program authorized by Section 834 of Public Law 101-189 and who have approved comprehensive subcontracting plans are not required to negotiate subcontracting plans on an individual contract basis. If the offerer has an approved comprehensive subcontracting plan under the DoD test program, the offerer shall provide a copy of its approved comprehensive subcontracting plan in lieu of the individual plan required herein. Any contract resulting from this solicitation which includes a comprehensi'."e subcontracting plan will include the clause at 252.219-7004, Small Business and Small Disadvantaged Business Subcontracting Plan (Test Program), in lieu of the clauses at FAR 52.219-9, and DFARS 252.219-7003.

(a) All technical data and identified administrative reports contractually required shall be supplied in accordance with attached CORL or DD Form 1423.

(b) The offerer may propose alternative offers which recommend substitutions or eliminations of the stated requirements. Substantiate each recommendation and describe the projected savings that would result by accepting the alternative offer.

If performance under this contract will require access to Air Force computer systems (stand alone or networked), compliance with Air Force Instruction (AFI) 33-119 and Air Force Instruction (AFI) 33-200 is

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PAGE L-5 of 5 mandatory. It should be noted that such access requires, at a minimum, a National Agency Check or Entrance National Agency Check in accordance with DoD 5200.2-R, Personal Security Program.

Offerors should make themselves familiar with local procedures for processing such requirements, and be prepared to be in compliance on the first day of contract performance. Failure to comply with this requirement may be considered a failure to perform.

(a) There is potential organizational conflict of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to the potential of the Contractor to gain access to another Contractor's proprietary information during contract performance. Accordingly:

( 1) Restrictions are needed to protect the proprietary information and prevent the Contractor from an unfair competitive advantage in concurrent or future acquisitions. The applicable time period for this restriction is during contract performance.

(2) As a part of the proposal, the offerer shall provide the Contracting Officer with complete information of previous or ongoing work Jhat is in any way associated with the contemplated acquisition.

(b} The organizational conflict of interest clause in this solicitation may not be modified or deleted.