FANG Combined Synopsis-Solicitation w-Best Value Tradeoff Duct Cleaning (25APR2023).docx

Best Value Trade Off Using FAR 13.5 and FAR Part 12 Procedures

1.0 This is a combined synopsis/solicitation for commercial supplies/commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1.1. The combined synopsis is issued as a Request for Proposal (RFP) under solicitation number: W50S6Y-23-R-0005.

1.2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-02 (16 March 2023).

1.3. Small Business Set-Aside: 100%; Applicable Size Standard is $9.0M

1.4. NAICS Code: 561790

1.5. Product or Service Code (PSC): Z1NB

1.6. Posting Date: 25 April 2023

1.7. Response Date: 16 May 2023 10:00 a.m. Eastern Time

1.7.1 Site Visit: A site visit will be conducted on Thursday, 04 May 2023 at 8:30 a.m. EST at 202nd Red Horse Squadron (BLDG 4280), 5629 16W SR, Starke, FL. Information provided at this site visit, as well as answers to questions, shall not change/qualify the terms and conditions of the solicitation and specifications. Terms remain unchanged unless solicitation is amended in writing. If an amendment is issued, normal procedure relating to the acknowledgment and receipt of solicitation amendments shall apply. If interested in attending, please email your company name, every attendee’s name, vehicle description, tag info, and each driver’s license number to the Contract Specialist, timothy.corwin.1@us.af.mil and 125.FW.MSC.Contracting@us.af.mil.

1.7.2 Questions and Answers: All questions and answers must be submitted on a Request for Information (RFI) form, attachment 2. Email questions to all contacts above. Do NOT contact engineers or AE firms as this will only delay receipt of answers. Questions must be received NLT 09 May 2023. Answers will be provided with questions, on a non-attribution basis to all eligible contractors.

1.7.3 Service Contract Act Wage Determination 15-4539 Rev 20 dated 12/27/2022 applies to this contract, attachment 3.

1.8. Contracting Office: Florida Air National Guard, 125 FW/MSG/MSC, 14300 Fang Drive, Jacksonville, FL 32218-7933

1.9. Government Points of Contact: Contracting Officer: Mark Penwell mark.penwell.1@us.af.mil and Contract Specialist: Timothy Corwin timothy.corwin.1@us.af.mil.

1.10. Line item number(s) and items, quantities, and units of measure

1.11. Description of requirements for the supplies/services to be acquired:

The contractor shall perform a one-time service, identifying damage discovered through non-destructive inspection of the HVAC system in building 4280, providing a report of those findings to the Contracting Officer, and cleaning the HVAC system in building 4280. The HVAC system includes any interior surface of the facility’s air distribution system for conditioned spaces and/or occupied zones. This includes the entire heating, air-conditioning and ventilation system from the points where the air enters the system to the points where the air is discharged from the system. The return air grilles, return air ducts (except ceiling plenums and mechanical room) to the air handling unit (AHU), the interior surfaces of the AHU, mixing box, coil compartment, condensate drain pans, supply air ducts, fans, fan housing, fan blades, air wash systems, turning vales, filter housings, reheat coils, and supply diffusers are all considered part of the HVAC system. The HVAC system also includes other components such as dedicated exhaust and ventilation components that make up air systems, to include separate exhaust, ductwork, and grilles located in the restrooms. See Attachment 1.

1.12. Period of Performance (PoP): 30 days after award.

1.13. Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (MAR 2023), and addendum applies to this acquisition.

1.14. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021) applies to this acquisition.

1.15. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022) with its proposal.

1.16. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (DEC 2022) applies to this acquisition.

1.17. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2023), applies to this acquisition. See clause below, in full text, for list of additional applicable clauses.

1.18. Additional contract provisions and clauses are applicable and included below.

1.19. Defense Priorities and Allocations Systems (DPAS) Rating: Not rated.

2.0 PROPOSAL SUBMISSION INSTRUCTIONS

2.1 Submission Due Date. The offeror must ensure its proposal, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 16 May 2023 at 10:00 AM Eastern Time.

2.2 Late Proposals. The lateness rules for submitted proposals are outlined in FAR 52.212-1 "Instructions to Offerors-Commercial Products and Commercial Services," and are incorporated into this solicitation.

2.3 Submission. The proposal submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contracting Officer (KO), Mark Penwell, mark.penwell.1@us.af.mil and the Contract Specialist (CS), Timothy Corwin, timothy.corwin.1@us.af.mil. The proposal shall only be submitted as described.

2.4 Proposal Compliance. The Government must have received from the offeror a fully compliant proposal. The proposal is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

2.5 Proposal Acceptance. The contractor shall make a clear statement in the proposal as to the expiration date of the proposal and the stated expiration date shall be valid for all proposed subcontractors as well.

2.5.1 FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a proposal acceptance period in the Proposal Summary of not less than 60 days from the date of the solicitation closing. This date may be extended by mutual agreement.

2.6 Proposal Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful proposals.

2.7 Reserved

2.8 Optional Proprietary and Restrictive Markings

2.8.1 Mark the title page with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [offeror shall insert numbers or other identification of sheets]” and

2.8.2 Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

3.0 PROPOSAL FORMAT

3.1 This section provides guidance to the offeror for preparing a proposal in response to the solicitation. The offeror’s proposal shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

3.2 The proposal submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

3.2.1 The acceptable electronic formats for proposals shall be compatible with MS Office 2013, specifically MS Word and MS Excel; PDF format is acceptable for the Technical proposal and price narrative. The price proposal must be in MS Excel format.

3.2.2 Minimum type size shall be 12 point Times New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

3.2.3 All proposal volumes shall be labeled with the solicitation number (W50S6Y-23-R-0005), as well as the name, address, and telephone number of the Offeror.

3.2.4 All volumes shall be electronic files and not be password protected.

3.3 Offerors shall scan all files for computer viruses prior to submission to the Government.

3.4 Proposals may not include classified information. All proposals shall be at the UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

4.0 PROPOSAL CONTENT AND ORGANIZATION

4.1 The offeror shall prepare the proposal as set forth in Table 1, Proposal Organization Table and Table 2, Proposal file Name Matrix. The completion and submission to the Government of documents identified in Table 1, Proposal Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

4.2 The proposal shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic proposal. Any linked information that is not contained in the proposal will not be accepted.

4.3 Each volume shall be written or presented on a standalone basis. Information required for proposal evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the proposal and will not be considered.

4.4 Pages that exceed the required page limitations set forth in Table 1, Proposal Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 PROPOSAL ORGANIZATION TABLE

Proposal Summary – Not Evaluated Organizational Conflict of Interest (OCI) – Not Evaluated

(Past performance, PWS, and SOWs do not count towards the page limit)

4.5 All electronic files must be submitted using the file names in Table 2, Proposal File Name matrix, below.

TABLE 2 PROPOSAL FILE NAME MATRIX

Spreadsheet

5.0 DOCUMENTS

5.1 Proposals shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rational to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s proposal in response to this solicitation, except as stated in the past performance evaluation section.

5.2 Proposals shall be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation.

5.3 PROPOSAL SUMMARY, Volume 1, shall include:

· Solicitation No. W50S6Y-23-R-0005

· Date submitted.

· Offeror’s name

· Offeror’s address, CAGE code, and DUNs

· Offeror contact information for proposal POC(s)

· All proposed subcontractor(s) (as applicable)

· Address, CAGE code, and UEIs for each proposed subcontractor

· Proposal Acceptance Period

· OCI Plan or negative affirmation

5.4 Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award.

5.5 Where certifications and approved systems are required for an offeror, if the proposal is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the proposal.

5.6 Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's proposal IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all the members comprising the JV.

5.7 Statement of Acknowledgement. A statement specifying the extent of agreement with all terms, conditions, and provisions of the RFP, and a statement of agreement to furnish and deliver the supplies or perform services set forth in the RFP in consideration for offeror’s proposed price(s) set opposite each supply. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the proposal from further consideration in the source selection process.

5.8 Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the proposal. Also, the offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the proposal from further consideration in the source selection process.

6.0 TECHNICAL CAPABILITY, Volume 2, shall include:

6.1 The Technical Capability section of the proposal shall present relevant information articulating the offeror’s proposed approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing proposed processes and procedures. This section shall not include any pricing data. The offeror’s proposal information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

6.2 The proposal shall present a schedule showing are required items to complete the work. The proposal shall identify all long lead items.

7.0 PAST PERFORMANCE, Volume 3, shall include:

7.1 The offeror shall submit information for a total of up to three years of recent contract past performance references that were performed by the offeror as the prime contractor, which the offeror considers to have relevance. These may include foreign, federal, state, local and private industry contracts.

7.1.1 While the Government may elect to consider data obtained from internal and external sources other than the proposal, the burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance.

7.2 The Government does not assume the duty to search for data to cure problems it finds in proposals.

7.3 The below instructions are provided to advise offerors as to the information required by the Government to assess the contractor's Recent and Relevant past performance. Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner.

7.3.1 Failure to provide the information requested below may result in an assessment that the offeror does not possess a record of Recent and Relevant past performance.

7.3.2 Recent contracts are those performed within three years of the date of issuance of this solicitation.

7.3.3 Relevant contracts are those comparable in scope and magnitude of effort and complexity to the PWS requirement(s).

7.4 Contract Information: The offeror's proposal shall substantiate what distinct effort was required and performed under each of the contract(s) included in the proposal.

7.4.1 For each Contract(s) submitted, provide the following information:

· Prime Contractor name and address;

· Contract Number (and delivery/contract number if applicable);

· Contract Type.

· Total Value of the Contract (beginning & ending value);

· Delivery or Performance Schedule.

· Contract period of performance.

· Government or private industry contracting activity address, telephone number and e-mail.

· Procuring Contracting Officers (PCO) and/or Contract Specialist's name or point of contact for private industry entity responsible for signing or administering the Contract, telephone number and e-mail.

· Government (DCMA) or private industry administrative contracting officer (ACO), Contracting Officers Representative (COR), performance certifier, and/or quality assurance representative (QAR), name, telephone number and email;

· Specify the Government or Contractor Point(s) of Contact for which the Questionnaire was sent, and provide the date(s) it was sent.

7.4.2 Provide a description of the work performed by the offeror, which shall include a narrative describing the similarities between (1) the relevant work performed under the PWS requirements of the offeror's cited contract(s) and (2) the PWS requirements identified in section 5.0. In its narrative, the offeror shall specify the location in the cited contract PWS (to include paragraph and page number) that substantiates the relevant work performed (see 6.2.7 below);

7.4.3 Provide a brief self-assessment of contract performance.

7.4.4 Provide a copy of the complete performance work statement (PWS) or statement of work (SOW) for each of the submitted contracts.

7.4.5 If the proposed Contract was issued under or in connection with a related written instrument (e.g. IDIQ, BOA, BPA, FSS) and the details of the distinct effort actually performed needed to establish relevancy on the proposed contract are further defined within the terms and conditions (e.g. statement of work) of that related written instrument, provide that information and any other information necessary to establish this instrument's relationship to the proposed contract. (These documents can be submitted as stand-alone attachments with the proposal).

7.4.6 The offeror may also be evaluated based on other internal Government or private source information. The Government may utilize the Contract Performance and Rating System (CPARS) to search for recent and relevant offeror performance and ratings.

7.5 The Government will conduct an in-depth evaluation of all recent performance information to determine how closely the products provided/services performed under those contracts relate to the management and technical requirement(s). Consideration will be given to similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, and schedule. In addition, consideration will be given to any quality awards or certifications that indicate the offeror has a high-quality process for developing and producing the products or services required by this acquisition.

7.6 The offeror may provide a copy of its most recent CPARS evaluation, if applicable, showing the overall rating(s) for each of the past performance references provided in the proposal.

7.7 Past Performance Questionnaire. A past performance questionnaire is provided in Attachment 5. For each contract submitted by the offeror, the offeror shall send a copy of the past performance questionnaire directly to the appropriate [Government] contracting activity and technical representative responsible for the past/current contract. The offeror shall request that these individuals complete the questionnaire and forward it electronically directly to the Government at (125.FW.MSC.Contracting@us.af.mil) as soon as possible and prior to the solicitation closing date with the subject heading “PAST PERFORMANCE INFORMATION FOR W50S6Y-23-R-0005 [Offeror name].

8.0 PRICE, Volume 4, shall include:

8.1 Price Proposal Format.

8.1.1 Electronic spreadsheet files (Workbooks) shall be sent in MS Excel 2013 compatible format, and include all formulas, functions, macros, computations, or equations used to compute the proposed amounts. There can be no cell references to data or files which are not included in the Price Volume. For each Workbook, all Rows, Columns, Cells and Worksheets must be Visible (object.Visible=True). Zero height/Zero width rows/columns in Worksheets are not acceptable. Worksheet cells formatted with the Font color equal to the Fill color are unacceptable. Workbooks or Worksheets shall not be password protected. Print image files or pictures (for example a picture of an Excel spreadsheet embedded in a word document) or files containing only values are not acceptable.

8.1.2 Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are MS Excel 2013 or MS Word 2013 compatible. BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a BOE may not be included as a picture.

8.1.3 Under no circumstances is price information and documentation to be included elsewhere in the proposal.

8.2 The price proposal shall contain:

8.2.1 The offeror shall submit data substantiating the price proposed to complete the requirements identified in the solicitation. The offeror’s price proposal shall contain sufficient factual information to establish that the proposed price is reasonable and complete. The offeror shall submit a narrative BOE to substantiate the price proposal.

8.2.2 The offeror shall provide

· The total price for each CLIN in the solicitation. Include a complete list of all categories and the direct hourly rate for each labor category.

8.2.3 Subcontractor Price Submission. Subcontractor price proposal information should be submitted and included as part of the prime offeror’s proposal submission. In the event that a subcontractor declines to provide complete price proposal to the offeror, that subcontractor’s proposal information may be submitted by the subcontractor directly to the Government using the same submission instructions noted above. Such submissions shall arrive at or prior to the due date for proposals noted on the front page of this solicitation.

8.2.4 Reserved

8.2.5 In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

9.0 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

9.1 The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a Government support contractor for Government offices involved in supporting program efforts or related programs.

9.2 All offerors shall make a preliminary disclosure to the PCO, at the time of its proposal, of any OCI issues it has identified or provide an affirmative statement that the offeror does not have an OCI as it applies to this solicitation.

9.2.1 An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the proposal to be rejected and no longer be considered for award. Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

9.3 Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.

10.0 Award. 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.

11.0 FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

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

Technical and past performance, when combined, are significantly more important than cost or 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.

(End of provision)

12.0 Basis for Award

12.1 The Government intends to award a single Firm-Fixed Price (FFP) Contract as a result of this solicitation.

12.1.1 Per FAR 9.103, the contract will be placed only with an offeror that the Contracting Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

12.1.2 Consistency. Each section of the offeror’s proposal shall be consistent within the proposal.

12.1.3 Completeness. The Government’s ability to evaluate a proposal may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a proposal may prevent the Government from evaluating a proposal..

12.2 EVALUATION OF TECHNICAL CAPABILITY

12.2.1 Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with PWS section 5.0.

12.3 EVALUATION OF PAST PERFORMANCE

12.3.1 The evaluation of this factor will assess the risk of unsuccessful performance of the offeror’s proposed approach to performing efforts of a similar scope, magnitude, and complexity as the requirement described in the PWS.

12.3.2 The Government will evaluate the offeror’s past performance to determine the likelihood that the offeror will successfully perform the required effort described in the PWS.

12.3.3 Contracts submitted in the Past Performance section of the offeror's proposal will not be considered if the Government determines them to be not recent, not relevant, or lacking any credible past performance information. If the offeror does not have a record of Recent and Relevant past performance information the offeror will be rated as "Neutral,” which is neither favorable nor unfavorable.

12.3.4 The offeror may also be evaluated on past contract performance information utilizing internal Government or private source information and the Government reserves the right to use any information received as part of its evaluation. The Government may contact any of the references the offeror provides and reserves the right to use any information received as part of its evaluation.

12.3.5 In evaluating the offeror's performance history, the Government may compare the offeror's deliveries or performance to the contract's original delivery or performance schedule, unless the delay was Government-caused. Schedule extensions that were the fault of the offeror, even if consideration was provided, may be counted against the offeror.

12.4 EVALUATION OF PRICE FACTOR

12.4.1 Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and are not unbalanced.

12.4.2 Reasonableness. The Government will evaluate the price reasonableness of the offerors' proposed prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business. The Government shall employ price analysis techniques in accordance with FAR 13.106-3 to determine that a proposed price is fair and reasonable.

12.4.3 Completeness. The Government reserves the right to conduct discussions with offerors, but discussions are not anticipated or intended. Since discussions are not anticipated or intended, the Government requires complete proposals with respect to price. A complete proposal will include all information required by this solicitation.

12.4.4 Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether proposals are unbalanced between line items or subline items, as well as unbalance between periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques. Unbalanced offers may be determined unacceptable.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes 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:

(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 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 products and commercial services:[Contracting Officer check as appropriate.] __ (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. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s 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).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

XX(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

XX (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (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.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (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).

__ (52) 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. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 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).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 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).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 2022) ( 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 (May 2014) ( 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 (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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. Subtitle A, Part V, Subpart G 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…