H92257-21-Q-0090 Prolonged Field Care IDIQ Solicitation Final 4AUG2021.pdf

RFQ: H92257-21-Q-0090 Page 1 of 21

This is a COMBINED SYNOPSIS/SOLICITATION for Prolonged Field Care training for the Marine Forces

Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Part 12 and 13.5 as supplemented with additional information in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92257-21-Q-0090

All interested parties may submit a quote which shall be considered by the agency.

This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor personnel performing the services herein. Such contract service providers shall be accountable solely to the Contractor. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-04, (effective 25 January 2021) and the DFARS Publication Notice

(DPN) 20210603 see edition. The Product Service Code (PSC) for this requirement is U099. The associated North

American Industrial Classification System (NAICS) code for this requirement is 611699 with a size standard of

$12.0M. The proposed acquisition is a total small business set aside.

TYPE OF CONTRACT. The Government intends to award a single Firm Fixed Price (FFP) Indefinite-Delivery

Indefinite-Quantity multi-year contract (5-year period of performance) as a result of this solicitation.

The Government sets as the minimum guaranteed quantity under the resultant contracts as one (1) course will be satisfied following contract award via task order.

The Government reserves the right and may award based solely on information contained in the quote. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical and price quote in their initial submission.

The contract shall be awarded on an all or none basis, do not submit partial quotes.

Offerors must scrutinize this solicitation and ensure their quotes and submissions comply with all requirements. It is not sufficient to merely state your quote complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements.

Section B – Supplies or Services:

ITEM NO SUPPLIES/SERVICES MAX UNIT MAX AMOUNT

QTY UNIT PRICE

(Est)

0001 Prolonged Field Care 6 EA $__________ $_____________

Per Statement of Work

Ordering Period 1:

01 Oct 2021 – 31 Sept 2022

FFP

FOB: Destination

0002 Prolonged Field Care 6 EA $__________ $_____________

RFQ: H92257-21-Q-0090 Page 2 of 21

Ordering Period 2:

01 Oct 2022 – 31 Sept 2023

0003 Prolonged Field Care 6 EA $__________ $_____________

Ordering Period 3:

01 Oct 2023 – 31 Sept 2024

0004 Prolonged Field Care 6 EA $__________ $_____________

Ordering Period 4:

01 Oct 2024 – 31 Sept 2025

(Est) UNIT PRICE

0005 Prolonged Field Care 6 EA $__________ $_____________

Ordering Period 5:

01 Oct 2025 – 31 Sept 2026

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

1 30

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

RFQ: H92257-21-Q-0090 Page 3 of 21

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

1 30

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and

CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN MINIMUM MINIMUM MAXIMUM MAXIMUM

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN MINIMUM MINIMUM MAXIMUM MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2021 TO N/A MARINE RAIDER REGIMENT M20940

31-SEP-2022 COMMAND SURGEON

BLDG RR610 RIFLE RANGE RD

STONE BAY

RFQ: H92257-21-Q-0090 Page 4 of 21

CAMP LEJEUNE NC 28542

910.440.0776

0002 POP 01-OCT-2022 TO N/A (SAME AS PREVIOUS LOCATION) M20940

31-SEP-2023 FOB: Destination

0003 POP 01-OCT-2023 TO N/A (SAME AS PREVIOUS LOCATION) M20940

31-SEP-2024 FOB: Destination

0004 POP 01-OCT-2024 TO N/A (SAME AS PREVIOUS LOCATION) M20940

31-SEP-2025 FOB: Destination

0005 POP 01-OCT-2025 TO N/A (SAME AS PREVIOUS LOCATION) M20940

31-SEP-2026 FOB: Destination

Section C – Descriptions and Specifications

Attachment #1 – Statement of Work: Marine Raider Regiment Dated: 02 August 2021

PROLONGED FIELD CARE (PFC)

Attachment #2 – Quality Assurance Surveillance Plan (QASP): PFC Dated: 02 August 2021

Attachment #3 – Service Delivery Summary (SDS): PFC Dated: 02 August 2021

ADDENDUM 52.212-1

Quote Preparation and Submission Instructions

(1) All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is 12:00 pm

Eastern Standard Time (EST) on 18 Aug 2021. Responses will be provided via solicitation/RFQ amendment. No direct exchanges between the technical representative and a prospective Offeror shall be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be submitted via email to:

michel.j.leandre.civ.@socom.mil and marvin.t.jean.civ@socom.mil.

(2) Quotes must be received no later than 12:00 PM Eastern Standard Time (EST) on 6 September 2021.

Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for Award

Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes. All quotes must be submitted via email, no other form of submission will be accepted. Quotes shall be emailed to:

michel.j.leandre.civ.@socom.mil and marvin.t.jean.civ@socom.mil.

Offerors must provide the following information in their quote: DUNS #, CAGE CODE #, and TIN #

For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content mailto:michel.j.leandre.civ.@socom.mil mailto:marvin.t.jean.civ@socom.mil http://www.sam.gov/ mailto:michel.j.leandre.civ.@socom.mil mailto:marvin.t.jean.civ@socom.mil

RFQ: H92257-21-Q-0090 Page 5 of 21 received. Email attachments are limited to no more than 10 MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping. Recommend Vendors confirm receipt of emailed quotes by contacting the MARSOC Contracting Office Michel J. Leandre Jr. at phone number 910-440-0776.

All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt.

(3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the

Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section.

The quote shall be a complete response to Attachment 1 – Statement of Work (SOW) and the requirements of this

RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation.

(4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

(5) The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below. The evaluation will consist of an evaluation of the Qualifying Criteria (Volume I) and the

Factors (Volumes II - IV) outlined below. After completion of the evaluation, the Government may conduct discussions. The Government intends to award a single Firm Fixed Price (FFP) IDIQ as a result of this solicitation.

Quote Format and Content. Electronic quotes shall contain separate files for each of the (4) volumes. Individual emails shall not exceed 10 MB. The quote page format will be 8 1/2” x 11” except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”. A page is defined as one face of a sheet of paper containing information. Type shall not be less than 10 pitch. Elaborate formats or color presentations are not desired or required. Failure to provide all required documents may render the quote unacceptable. Quote submission requirements are the following:

Quotes shall not contain classified information.

Qualifying Criteria (Volume I): All listed qualifying criteria submissions will be evaluated on a pass or fail basis.

The qualifying criteria shall be submitted per the instructions below.

Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring

"corporation" name, also provide such identity, as appropriate.

− The Offeror’s Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.

− Name, telephone numbers and e-mail address of person(s) to be contacted for questions regarding the quote, and for any required discussions.

− Fill-In Clauses: Provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract.

− Terms and Conditions: The Offeror must include a statement that it either: (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or, (b) takes exceptions to any terms or conditions of the solicitation, clearly identifies those exceptions, and provide complete accompanying rationale in the quote to justify the exceptions. The

Government may determine the quote unacceptable for any exceptions to the terms and conditions of this

RFQ.

− Specific Quote validity period (required minimum is 90-days).

Factor I Technical (Volume II): This volume shall be prepared IAW the evaluation criteria below, Evaluation

Factors for Award. Quotes shall address the Offeror’s technical capabilities to accomplish the work by providing specific narrative details and/or description of actual methods, processes and procedures for providing the services described in Attachment 1 – Statement of Work (SOW). General statements that the Offeror understands the requirement and shall comply with the requirements of the RFQ will be considered inadequate. Offerors are

RFQ: H92257-21-Q-0090 Page 6 of 21 cautioned not to rephrase or restate the Government’s requirements in the quote, but furnish convincing narratives describing “how” they intend to meet these requirements. The Offeror shall limit the Technical Volume to 20 pages

(individual resumes shall be limited to 3 pages, and resumes do not count towards page limit). Two (2) copies of

Volume II are required. The Contractor shall provide a complete copy of Volume II and a ‘REDACTED’ copy of

Volume II that removes all Company names, references, and logos. This volume shall include:

a. Sub Factor 1: Personnel Qualifications – The experience, education, and qualifications of personnel proposed to work on the contract will be evaluated to determine their ability to perform their proposed duties. Provide resumes for the following positions: Program Lead, Primary

Instructor, Lane Instructor, Exercise Manager, Subject matter Expert – Ultrasound, and Subject matter Expert – Airway and Ventilator Support. (resumes do not count towards 20 page limit)

b. Sub Factor 2: Technical Capability – Offerors shall provide a detailed quote response that shows it meets the SOW for this requirement. At a minimum, offerors must address 5-day Course

Syllabus with Culmination Exercise, Training Facilities, Training Materials, Lodging, Sensitive

Items, and Catering Services.

Factor II Past Performance. (Volume III): Offerors should provide at least two (2) prior or current contracts/agreements for similar scoped projects performed during the previous five (5) years. The submitting offeror should submit relevant and recent past performance similar in scope and magnitude in this combined synopsis/solicitation. Include contract/agreement number, period of performance, reference name, reference telephone number, reference e-mail, and contract/agreement information. The Government will evaluate each offeror’s past performance on the basis of the references provided during the past three years previous (recent) and the relevance to the work that will be required under the resultant contract. Vendor format is acceptable. The Past

Performance (Volume III) shall be limited to 10 pages.

Recent and Relevant Contracts. Recent is defined as an action within the past five (5) years. Relevancy will be determined based on contract references reflecting past and present performance over the past five (5) years which is relevant to scope and magnitude of the requirement contained in this synopsis/solicitation, and attached SOW.

Factor III Price (Volume IV): The Offeror shall provide a volume that includes a fully filled out Attachment 2

Price Worksheet. The Price (Volume IV) is limited to 10 pages, plus the completed Price Worksheet.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-11 Certification and Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements AUG 1996

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Certification Regarding Responsibility Matters

JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

RFQ: H92257-21-Q-0090 Page 7 of 21

52.204-22

52.204-26

FAR 52.204-24

FAR 52.204-25

Alternative Line Item Proposal

Covered Telecommunications Equipment or Services-

Representation

Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

JAN 2017

OCT 2020

OCT 2020

AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-3 Offeror Representations and Certifications--Commercial

Items

DEC 2019

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.216-19 Order Limitation OCT 1995

52.217-2

52.217-4

52.217-5

52.219-1

Cancellation Under Multiyear Contracts.

Evaluation of Options Exercised at Time of Contract Award

Evaluation of Options

Small Business Program Representations

OCT 1997

JUN 1988

JUL 1990

OCT 2014

52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.222-22 Previous Contracts and Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.227-18 Rights in Data-Existing Works DEC 2007

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-2 Service of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.243-1 Alt III Changes--Fixed Price (Aug 1987) - Alternate III APR 1984

52.246-25 Limitation of Liability--Services FEB 1997

52.247-34 F.O.B. Destination NOV 1991

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

52.253-1 Computer Generated Forms JAN 1991

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 SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

RFQ: H92257-21-Q-0090 Page 8 of 21

252.204-7016 Covered Defense Telecommunications Equipment or

Services—Representation

DEC 2019

252.204-7017 Prohibition on The Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation

MAY 2021

252.204-7018 Prohibition on The Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal

Violation under any Federal or State Law

MAR 2012

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law (Deviation)

JAN 2012

252.215-7008 Only One Offer JUL 2019

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export Controlled Items JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

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

(b) The Government intends to award a Firm Fixed Price type IDIQ contract to the responsible vendor whose overall quote represents the best value after evaluation in accordance with the factors in the solicitation. To arrive at a selection decision, the Contracting Officer will perform an integrated assessment using the evaluation factors described in this solicitation. This may result in awards being made to the higher rated, potentially higher priced quote(s) where the decision is consistent with the evaluation factors. This is a competitive, best value trade-off selection that will be conducted in accordance with (IAW) with FAR Part 13, and utilizing portions of FAR Part 15, and as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and Special Operations

Federal Acquisition Regulation Supplement (SOFARS). The following factors will be used to evaluate quotes and are in descending order of importance: Technical, Past Performance, and Price. When combined, the technical and past performance evaluation factors are more important than price.

(i) Factor I: Technical: The offerors approach to performing contract requirements and its capability to successfully perform the contract in accordance with the SOW. Evaluation of this factor will focus on the strengths, weaknesses and deficiencies of the quote.

a. Sub Factor 1 Personnel Qualification: The experience, education, and qualifications of personnel proposed to work on the contact will be evaluated to determine their ability to perform their proposed duties in accordance with the SOW.

b. Sub Factor 2 Technical Capability: Offerors shall provide a detailed quote response that shows it meets the SOW for this requirement. At a minimum, offerors must address 5-day Course

Syllabus with Culmination Exercise, Training Facilities, Training Materials, Lodging, Sensitive

Items, and Catering Services.

Technical Ratings – The following ratings will be applied to Factor 1 during evaluations. These ratings will also be assigned as an overall evaluated rating of the quote.

RFQ: H92257-21-Q-0090 Page 9 of 21

i. Outstanding: Quote meets and exceeds requirements and indicates an exceptional approach to and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

ii. Good: Quote meets requirements and indicates a thorough approach to and understanding of the requirements. Quote contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

iii. Acceptable: Quote meets requirements and indicates an adequate approach to and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

iv. Marginal: Quote does not clearly meet one or more requirements and has not demonstrated an adequate approach to and understanding of one or more requirements.

The quote has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

v. Unacceptable: Quote does not meet multiple requirements or contains one or more deficiencies. Quote is unawardable.

c. When conducting evaluations of Factor 1, the below definitions will be utilized:

i. Strength: An aspect of the quote that increases the likelihood of successful contract performance.

ii. Weakness: A flaw in the quote that increases the risk of unsuccessful contract performance.

iii. Deficiency: An aspect of the quote that fails to meet a Government requirement or a combination of weaknesses in the quote that increases the risk of unsuccessful contract performance to an unacceptable level.

(ii) Factor 2: Past Performance. The Government will evaluate Past Performance based on the submission required in the provision 52.212-1 identified above. In evaluating Past Performance, the Government will consider the recency and relevancy of the past performance to the requirements contained in the SOW, the risk to successful performance, and the Government’s confidence in the Offeror’s ability to successfully perform the solicited requirements. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

a. When making relevancy determinations, the below definitions will be utilized:

i. Relevant - Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

ii. Not Relevant - Present/Past or Present Performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

b. To be considered recent, past performance must have been performed no more than 5-years prior to the closing date of this RFQ.

c. Past Performance Ratings – The following ratings will be applied to Factor 2 during evaluations.

RFQ: H92257-21-Q-0090 Page 10 of 21

i. Substantial Confidence: Based on the offeror’s recent/relevant performance record, the government has a high expectation that the Offeror will successfully perform the required effort.

ii. Satisfactory Confidence: Based on the offeror’s recent/relevant performance record, the government has a reasonable

iii. Limited Confidence: Based on the offeror’s recent/relevant performance record, the government has a low expectation that the Offeror will successfully perform the required effort.

iv. No Confidence: Based on the offeror’s recent/relevant performance record, the government has no expectation that the Offeror will be able to successfully perform the required.

v. Unknown Confidence (Neutral): No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Factor 3: Price. The evaluated price will be determined using the maximum quantities stated above. The offeror’s quoted price will be evaluated per FAR 13.106-3(a). Offerors responding to this solicitation are advised that, prior to award, the Government may request offerors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

(c) 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). Price proposal evaluations will consider the basic price and all ordering period prices, to include the potential for a six-month extension IAW FAR 52.217-8, for a total overall Factor price.

(d) The Government intends to award solely on the information contained in the quote and intends to award without discussions. The Government reserves the right to conduct discussions if deemed necessary.

(e) Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a vendor’s price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which vendors shall receive the award.

(f) 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

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

RFQ: H92257-21-Q-0090 Page 11 of 21

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

RFQ: H92257-21-Q-0090 Page 12 of 21

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2020).

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

____ (ii) Alternate I (NOV 2020) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

____ (18) 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 (MAR 2020) (15 U.S.C. 637(a)(14)).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15

U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (MAR 2020) (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 (MAR 2020) (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)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

RFQ: H92257-21-Q-0090 Page 13 of 21

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

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

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

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

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

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

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (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 (Jun 2014) 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.

X (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 (Jun 2016) (E.O. 13693).

RFQ: H92257-21-Q-0090 Page 14 of 21

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (Oct 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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. 2302 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 (Nov 2007) (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 Items (FEB 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

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 (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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

RFQ: H92257-21-Q-0090 Page 15 of 21

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

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (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) 52.222-44, 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).

X (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014)

(29 U.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).

_____(7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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, 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 items. 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 (JUN 2020) (41 U.S.C. 3509).

RFQ: H92257-21-Q-0090 Page 16 of 21

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

Equipment. (AUG 2020) (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 $700,000 ($1.5 million for construction of any public facility), 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).

X (xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 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 (Oct 2015) (E. O. 12989).

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

(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.

RFQ: H92257-21-Q-0090 Page 17 of 21

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 September 2026.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/?q=browsefar

DFAR: https://www.acquisition.gov/?q=Supplemental_Regulations

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=Supplemental_Regulations

RFQ: H92257-21-Q-0090 Page 18 of 21

(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Supplement (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.216-7006 ORDERING (SEP 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from

_1 October 2021_ through _31 September 2026.

Marine Forces Special Operations Command

MARFORSOC Contracting (H92257)

BLDG RR400, Rifle Range Road

Sneads Ferry, NC 28460

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Data

Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when…