Hawaii Amendment 0002.docx

47QSCC20R0014 AMENDMENT 0002 SF 30 CONTINUATION PAGES

a) Please see the Attached decision from the United States Small Business Administration Office of Hearings and Appeals regarding this solicitation.

b) THE FOLLOWING LANGUAGE UNDER SECTION E.7 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.6 General Instructions for Submission of Technical and Price Proposals

E.6.1 General Instructions

a) Phase I proposal documents (Volumes 1 and 2) shall be submitted electronically via email to Dominic.Lackey@gsa.gov and Michael.Sheckels@gsa.gov by August 11October 12, 2020 at 10:00 AM, EST. All volumes required for the Phase I evaluation must be received timely or the proposal as a whole may be considered late.

b) Phase II proposal documents (Volumes 3 and 4) shall be submitted via email to Dominic.Lackey@gsa.gov and Michael.Sheckels@gsa.gov at a time and date when notified by the CO. Instructions on when to submit proposal volumes under the Phase II evaluation will be provided at the time offerors are notified via email of the outcome of their Phase I evaluation.

c) Offerors shall submit their Phase I and II proposal documents in soft copy electronic version. All documents should be in Microsoft Office 2007 or Adobe Acrobat 9.4 or later, in a searchable format. Electronic proposal documents shall be consolidated by volume. If documents cannot be grouped within one *.zip file and/or one email, offerors may use multiple emails provided they label each email “Email X of X” (ex. “Email 1 of 3”).

d) GSA accepts no responsibility and shall not be held liable for incomplete and/or late proposal submissions due to technical difficulties in transmission of messages and/or documents exceeding the 25MB per email limit. It is recommended that offerors not wait until the last day/hour proposals are due to attempt their proposal submission.

e) Questions concerning the contents of this RFP shall be accepted no later than 10:00 AM, EST on September 28July 20, 2020. Please submit questions in the following link: https://docs.google.com/forms/d/e/1FAIpQLSdm6Ag5B0JbzResZ_LJR-OtEgv3b7Hlrzw4UNMVx919n_FKwA/viewform?vc=0&c=0&w=1. Questions received and GSA’s responses will be posted to www.fbo.gov at regular intervals during the proposal period. Identities of prospective offerors asking questions will not be disclosed and any proprietary information contained within questions will be redacted. Questions should cite the section, paragraph number and page number in question within the RFP. Statements expressing opinions, sentiments, or conjectures are not considered valid inquires or comments and will not receive a response from GSA. Furthermore, offerors are reminded that GSA will not address hypothetical or scenario-based questions or questions aimed toward receiving potential “evaluation decisions” from GSA.

f) All volumes are to be prepared as separate files. Technical proposals must not contain any pricing information; do not cross-reference material submitted in the technical proposal with the price proposal, and vice versa. Information provided shall be concise, complete, and shall demonstrate a thorough understanding of the requirements as described in Attachment 2 of this solicitation. It is imperative that offerors thoroughly read and understand the Performance Work Statement when preparing and submitting proposals. Proposals that merely restate the government’s requirements or offer to conduct a program in accordance with the government’s requirements without going into further detail will not be considered acceptable and will not receive further consideration. Similarly, over generalizations and phrases such as “standard procedures will be employed” or “well-known techniques will be used” are also not acceptable.

g) Offerors are cautioned that the use of any format other than the one described in this section could result in the evaluation board’s inability to give maximum ratings.

h) When evaluating an offeror’s capability to perform the prospective contract, the government will also consider how well the offeror complied with proposal submission instructions. Offers should contain the contractor’s best terms from a technical and price standpoint

i) Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for contract award. Should the offeror have any questions related to specific terms and conditions, these should be resolved prior to submission of the offer

j) The government will not be liable for any costs associated with the development, preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP. The proposal and all materials submitted by the offeror in connection with this RFP shall become the property of the government.

c) THE FOLLOWING LANGUAGE UNDER SECTION E.7 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.7 Source Selection Procedures Source selection will be conducted in accordance with the evaluation criteria stated in the solicitation.

A complete proposal must consist of:

A. Volume 1 – Contract Data B. Volume 2 – Phase 1 Technical Proposal

a. Factor 1 – Technical Excellence

i. Sub factor 1A Technical Capability

b. Factor 2 – Operational Quality Assurance

i. Sub factor 2A – Operational Structure

ii. Sub factor 2B – Quality Assurance

c. Factor 3 – Experience

d. Factor 4 – Past Performance

e. Factor 5 - Small Business Participation C. Volume 3 – Factor 56 - Phase II Live Test Demonstration D. Volume 4 – Price Proposal(s).

d) THE FOLLOWING LANGUAGE UNDER SECTION E.8 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.8 Instructions for Volume 1-Contract Data

NOTE: Only a single Volume 1 – Contract Data submission is required.

Content: Volume 1 shall include all information listed below

Contents Volume 1 – Contract Data

Contract Data: Tab Specific Notes

· There are no specific notes for Tabs 1 – 4.

· Tab 5: SAM.gov Registration--SAM.gov registration is required to be current/active as of the date/time set forth under section E.6.1 General Instructions. Registration and completion of required representations and certifications should be accomplished at https://www.sam.gov. There is no submission requirement for proof of registration; the GSA CO will verify required information and proof of completion directly fromSAM.gov.

· Tab 6: Joint Venture (JV) Agreement--JVs must be registered as a single entity within SAM.gov and be current/active as of the date/time set forth under section E.6.1 General Instruction.

· Tab 7: There are no specific notes for Tabs 7. All offerors listed under NAICS code 493190 as “Other than Small Business”, must include a subcontracting plan, Attachment 8, that identifies the subcontractors that the prime contractor anticipates to use if awarded the contract. This plan must also include Letters of Intent/Agreement signed by both the subcontractor and the prime contractor. Each small business listed must be registered in SAM as a small business.

· Tab 8: Organizational Conflict of Interest Disclosure--The CO has determined that potential conflicts of interest, as described in FAR 9.505, may occur in this procurement. Offerors, and any significant subcontractor/team member/consultant, must disclose any known or potential OCI which presently exists or may exist at the time of award. If OCI(s) exist, offeror’s must provide a copy of their firm’s policy and procedures for tracking, reporting, mitigating, neutralizing, and evaluating OCIs. The government shall be the sole determiner of the existence of an OCI in accordance with the principles established under FAR Subpart 9.5- Organizational and Consultant Conflicts of Interest. Failure to disclose a known or potential OCI may be cause for rejection of the proposal. If the information provided or otherwise obtained by the government reveals the presence of a significant OCI which prevents the offeror from being able to perform this contract, the offeror may be eliminated from further consideration for contract award.

· Tab 9: Prospective contractor must provide three years of financials statements, bank statements or loans demonstrating it has sufficient resources to ramp up full inventory within 90 days of contract award and maintain stock levels throughout the life of the contract.

· Tab 10: Ensure mandatory sourcing requirements will be met, including providing a letter from AbilityOne showing the contractor and/or its subcontractors are AbilityOne distributors or has received Pre-Authorization delegation to become a distributor for all items in Attachment 3 that are designated as Mandatory AbilityOne products.

· Tab 11: Ensure mandatory requirements will be met with toner, and provide letters of authorization from manufacturers that show the contractor has authority to sell/resell/provide/distribute toner to the government.

PAGE LIMITATION: There is a 50 page limitation for Volume 1.

Evaluation Factors for Volume 1: Volume 1 will not be evaluated against specific factors and will not receive an adjectival rating, but will be evaluated and reviewed for completeness and accuracy. Information include in, or excluded from, Volume 1 (and any other Volume submitted as part of the offeror’s overall Technical or Price Proposal) may be used by the CO to make a determination of contractor responsibility prior to contract award, as required under FAR 9.103.

Any offeror not a small business in SAM under NAICS 493190 will be determined non-responsive and removed from consideration.

e) THE FOLLOWING LANGUAGE UNDER SECTION E.9 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.9.0 Instructions for Volume 2 – Phase I Technical Proposal

NOTE: Only one Volume 2 shall be submitted by each offeror.

QUANTITY: Blank tabbed pages containing no substantive proposal data are not included in the page limitations.

CONTENT: Volume 2 shall include only the technical information described below. Volume 2 must include a table of contents and must fully address technical factors, Factors 1 – 45, as well as any associated sub factors. Failure to address any factor or sub factor may result in a determination by the CO that the proposal is non-responsive and the proposal may be removed from further consideration. Factors and sub factors directly correlate to the evaluation criteria outlined in the solicitation.

Offeror Responses Required for Proposal Submission Option as part of Volume 2 – Phase I Technical Proposal

PAGE LIMITATION: Volume 2 is limited to 50 numbered pages. The government will only evaluate the first 50 numbered pages. Any pages exceeding the limitation will not be evaluated.

f) THE FOLLOWING LANGUAGE UNDER SECTION E.9.1 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.9.1 Factor 1 - Technical Excellence In response to this factor, offerors shall provide a clear, concise, and complete narrative that demonstrates the offeror’s operational processes, technical expertise, and electronic capability. Offerors must demonstrate their understanding of and ability to successfully accomplish the government’s requirements as stated in Attachment 2 Performance Work Statement of the solicitation.

Sub factor 1A: Technical Capability Submission

1) Each proposal must demonstrate the following:

a. Describe the processes used to satisfy the requirements of the solicitation to include procurement of all items in Attachment 3, shipment configuration, transportation, delivery, and all documentation associated with all of these requirements. The proposal must include a part number for each item in Attachment 3 that conforms to the NSN descriptions in Attachment 7. The proposal must discuss the distribution equipment and resources planned to execute the requirement and whether these are owned/leased or contracted arrangements. Proposals shall provide a flowchart of the contractor’s distribution channel, to include all levels of the supply chain, for each item and category of items. For each level, describe all services provided and the associated charges, including sourcing the item through delivery. The proposal must discuss how the contractor will comply with Initial Operational Capability (IOC) within 90 days of contract award and Full Operational Capability (IOC within 120 days after contract award

b. Explain the contractor’s plan to deliver all commodities in Attachment 3 to any locations in Hawaii within 3 business days of receipt of the Delivery Order.

c. Explain how the contractor will monitor suppliers’ compliance with the Domestic Sourcing Restrictions contained in the solicitation, such as: Buy American Act (BAA),Trade Agreements Act (TAA), AbilityOne, environmental green cleaning products, Preference for Certain Domestic Commodities, Berry Amendment, Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate, Restrictions on Certain Foreign Purchases and Restriction on Acquisition of Hand or Measuring Tools. The proposal must also include a compliance plan detailing how it will:

· Ensure that all products supplied will comply with the source restriction requirements, material component(s), country of origin, and place of manufacture;

· Ensure product quality will be met;

· Ensure timeliness of delivery; and

· Receive, store, and out bound movement of product.

d. Provide a description of, and documentation verifying, that the contractor has/will have warehouse(s) upon contract award in Hawaii. This should also demonstrate the contractors understanding that the warehouse(s) cannot be used for any other purposes but for the support of this effort.

e. Provide a narrative describing how the contractor will comply with the transportation requirements in the solicitation. As stated elsewhere, and throughout this solicitation, the proposal must also include a compliance plan demonstrating how the contractor:

· Will deliver all items within 3 business days of receipt of the Delivery Order;

· Will comply with the Jones Act in accordance to 46 U.S.C. § 55102 for all commodities being shipped to Hawaii from the United States mainland and US Territories. Commodities being shipped from other locations must comply with FAR 52.247-63 Alternate 1 (Apr 2003) which requires all ocean cargo to be shipped on US flag vessels and rated (master) carrier Bills of Lading for each shipment to be reported in a timely manner to comply with MARAD requirements;

· Acknowledges responsibility for the creation and application of supply and shipping documentation, shipping labels, and package markings meeting customer requirements;

· Acknowledges responsibility for compliance with all dangerous goods/hazardous materials regulations governing shipping, storing, and handling; and

· Ensure the proposal demonstrates the contractor shall be responsible for access compliance of each locations base access requirements.

f. Provide proof that the contractor will be in compliance with the insurance requirements.

g. Provide a narrative describing the contractor’s existing capabilities related to GSA EDI transaction sets. GSA uses ANSI X12 protocols. Any other desired protocols must be addressed within the proposal.

h. Provide a surge and sustainment capability plan to meet short-term and long-term changes in customer demand as defined in the solicitation.

i. Provide sufficient supporting documentation demonstrating that the contractor will comply with the QASP as identified in Attachment 6.

g) THE FOLLOWING LANGUAGE UNDER SECTION E.9.5 OF THE SOLICITATION DOCUMENT, IS HEREBY REMOVED:

E.9.5 Factor 5 – Small Business Participation Submission

This solicitation is open to all businesses; however, greater weight will be given to those responsible, responsive and qualified small businesses who also meet one socio-economic category (small disadvantaged business, woman-owned small business, service-disabled veteran-owned small business, HUBZone) as defined in FAR part 19 under NAICS code 493190. Offerors must provide credible documentation demonstrating it meets one of the socio-economic categories and the offerors SAM account must be up to date showing this classification.

h) THE FOLLOWING LANGUAGE UNDER SECTION E.9.6 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE

FOLLOWING TRACKED CHANGES:

E.9.56 Instructions for Volume 3 - Phase II Live Test Demonstration

Volume 3 - Phase II Live Test Demonstration will only be requested from those offerors that receive notification by the government that their Volumes 1 and 2 are “Acceptable” or higher. If a proposal receives an “unsatisfactory” rating under Factor 1 or 2, the proposal will be considered unawardable and will be removed from consideration. The date and time when Volume 3 is due to the government will be provided in writing by the GSA CO at the time offerors are notified that their proposal is advancing in the competition.

Offerors shall submit an electronic copy of Volume 3 in the format indicated under the section Proposal Submission Requirement of the solicitation. Blank tabbed pages are not included in the page limitations.

CONTENT: Offerors shall provide content in accordance with the section E.6.1 General Instructions. An outline of Volume 3 is required. Volume 3 should include a description on how its e-portal will allow the government to view purchase order numbers, requisition numbers, delivery status, current stock levels, and information on commodities such as country of origin, AbilityOne, UNICOR and Berry Amendment compliance. Failure to fully address Volume 3 may render the proposal non-responsive and may be removed from further consideration.

PAGE LIMITATION: Volume 3 is limited to 10 numbered pages. The government will only evaluate the first 10 numbered pages of the volume and any additional pages will not be evaluated.

The government will set up the Volume 3 one-hour live demonstration for those offerors that receive notification by the government that their Proposal is moving on to Phase II of the evaluation.

Live Test Demonstration (LTD) The proposal must demonstrate that the contractor has an e-portal, and will provide GSA and its customers access to the e-portal, that will serve as a mechanism to view current, up to date information on all shipments including the requisition numbers, purchase order number and delivery status. Through this e-portal the contractor must also provide current, up to the date stock levels as well as additional information on all commodities such as the country of origin and whether the items are AbilityOne, UNICOR, BTAA, and/or Berry Amendment requirements. Offerors must demonstrate that the e-portal complies with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and that it will be labeled as GSA.

Offeror Responses Required for each Proposal Submission Option as part of Volume 3 – Phase II Live Demonstration

i) THE FOLLOWING LANGUAGE UNDER SECTION E.9.7 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE

E.9.67 Instructions for Volume 4 - Phase II Price Proposal(s)

Volume 4 – Price Proposal(s) will only be requested from those offerors that receive notification by the CO that their proposal is advancing to Phase II of the evaluation. The date and time Volume 4 is due to the government will be provided in writing by the GSA CO at the time offerors are notified of their standing after the Phase I evaluation.

Offerors shall submit an electronic copy of Volume 4 in the format indicated under section E.6.1 General Instructions.

Offeror Responses Required for each Proposal Submission Option as part of Volume 4 – Phase II Price Proposal(s)

PAGE LIMITATION: There are no page limitations for Volume 4.

General Pricing Information The Price Volume (Volume 4) must address all pricing requirements listed in the solicitation.

Submission

The proposal must list the FFP per item; a markup percentage for each item that is inclusive of sourcing, management, transportation, general and administrative expenses, overhead, taxes, packaging, anticipated profits and any other direct and indirect cost; and a final per unit FFP of each item that encompasses all costs for that item.

A price evaluation will only be done for offerors with a technical proposal receiving an overall technical rating of ACCEPTABLE or higher.

j) THE FOLLOWING LANGUAGE UNDER SECTION E.10.6 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE

E.10.6 Phase 1 Evaluation Ratings for Factors 5 Small Business Offerors designated as small business in SAM under NAICS 493190 will receive a “Check Plus” rating. All other offerors in SAM under NAICS 493190 not designated a small business will receive a “Neutral” rating.

E.10.6 TECHNICAL ASSUMPTIONS

Offeror assumptions will be reviewed in the context of the technical factor to which they apply. The government reserves the right to reject any proposal that includes any assumption that may adversely impact satisfying the government’s requirements. This includes those Technical Factors being evaluated in Phase II of this RFP.

k) THE FOLLOWING LANGUAGE UNDER SECTION E.11.1 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE

E.11.1Volume 3 - Phase II Live Test Demonstration Evaluations The Phase II LTD evaluation will consist of a review of the contractor’s e-portal capabilities and a comparison of the e-portal to the stated requirements in the solicitation.

The demonstration will test system up to date information on all shipments including the requisition numbers, purchase order number and delivery status. Offeror must also show how it would provide current, up to the date stock levels as well as additional information on all commodities such as the country of origin and whether the items are AbilityOne, UNICOR, BTAA, and/or Berry Amendment requirements. Offerors must demonstrate how the e-portal is in compliance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and will be labeled as GSA.

In evaluating the LTDs, the government will look for clear evidence that the offeror’s e-portal provides the requisite functionality in an intuitive manner.

Technical Factor 56-LTD The LTD will be rated with the following adjectival ratings:

1) Unacceptable: the demonstration failed to provide a fully functional e-portal that meets all of the requirements stated in this solicitation.

2) Acceptable: the demonstration meets all the e-portal requirements stated in this solicitation and is fully functional.

3) Outstanding: the demonstration meets all of the requirements stated in the solicitation, is fully functional, and offers enhanced features/benefits to the government.

l) THE FOLLOWING LANGUAGE IS HEREBY CHANGED IN ATTACHMENT 1: TERMS AND CONDITIONS, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

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

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

Technical Excellence Operational Quality Assurance Experience Past Performance Live Test Demonstration Small Business Participation

GSA will evaluate proposals and make an award to the contractor whose proposal represented the best value after an evaluation of the non-price factors and price is completed. The non-price factors, combined, are significantly more important than price. Technical Excellence is the most important factor among the non-price factors. Technical Excellence is more important than Operational Quality Assurance. Operational Quality Assurance is more important than Experience. Experience is more important than Past Performance. Past Performance is more important than the Live Test Demonstration. Live Test Demonstration is more important than Small Business Participation.

(b) Options. GSA will separately evaluate option-year pricing at the time of initial award in accordance with FAR Clause 52.217-5 Evaluation of Options. Pricing must include the pricing for the base year and each option year for each item. Any contractor failing to provide pricing for the base year and each option year will be considered non-responsive and removed from further consideration. Option period pricing will be analyzed in accordance with 52.217-5 Evaluation of Options, for reasonableness, to include consideration as to whether prices are unbalanced. An offer may be rejected if the contracting officer determines that a lack of balance poses an unacceptable risk to the government. The six-month extension period, authorized by FAR clause 52.217-8, will be included in the total evaluated price. Evaluation of option periods shall not obligate the government to exercise the options.

(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.

m) THE FOLLOWING CLAUSES ARE HERBY REMOVED FROM ATTACHMENT 1 TERMS AND CONDITIONS AND ARE NOT APPLICABLE:

52.225-3 BUY AMERICAN FREE TRADE AGREEMENTS ISRAELI TRADE ACT (MAY 2014)

52.225-5 TRADE AGREEMENTS (AUG 2018)

n) THE FOLLOWING CLAUSES ARE HERBY INSERTED INTO ATTACHMENT 1 TERMS AND CONDITIONS ARE APPLICABLE:

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

o) CLAUSE 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET ASIDE IS MARKED WITH AN X , IN ATTACHMENT 1 TERMS AND CONDITIONS:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –COMMERCIAL ITEMS (AUG 2019)

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

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

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

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

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

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

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

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

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

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

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

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

(5) [Reserved].

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

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

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

__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 (Nov 2011) (15 U.S.C.657a).

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

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

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

(13) [Reserved] _ _X___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

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

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

__X___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of 52.219-9.

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

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

(v) Alternate IV (Aug 2018) of 52.219-9

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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

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

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

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

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

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

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126).

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

__X___ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__X___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

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

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

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

__X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

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

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

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

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

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

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

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

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

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

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

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

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

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

__X___ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note,19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 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).

(6) 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).

(7) 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).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May2014) (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 (Oct 2015) (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 (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 2019) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

p) THE FOLLOWING LANGUAGE IN ATTACHMENT 2: STATEMENT OF WORK AS A.7 IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

A.7 CLIN STRUCTURE AND PRICE SCHEDULES

A.78.1 Base Period, Option Period 1, Option Period 2, Option Period 3, Option Period 4

CLIN NUMBER

TOTAL PRICING

TOTAL ESTIMATED VALUE

TBD by Offeror

TBD by Offeror

TBD by Offeror

q) THE FOLLOWING LANGUAGE IS INSERTED IN ATTACHMENT 2: STATEMENT OF WORK AS A.8 WITH THE FOLLOWING:

A.8 SMALL BUSINESS SET ASIDE

This solicitation is set aside for hub zone small businesses only. Only Hub Zone small business offerors listed in SAM under the NAICS 493190 will be considered for an award.

r) THE FOLLOWING LANGUAGE IN ATTACHMENT 2: STATEMENT OF WORK, SECTION B IS REMOVED:

XVII. SUBCONTRACTING GOALS

Other-than-small business contractors are required to submit a subcontracting plan as part of their proposal for contract actions that have subcontracting possibilities whose total value, inclusive of options, whether exercised or not, will exceed the $700,000 threshold. The plans must address the 15 statutory requirements listed in FAR 52.219-9, including goals for subcontracting with SBs, VOSBs, SDVOSBs, WOSBs and HUBZone small businesses.

Note: UNICOR and AbilityOne, in most circumstances, meet the definition of “other than small business” and are not exempt from subcontracting plan requirements. The only exemptions are listed in FAR 19.702.

The contractor must demonstrate it can and will comply with the following Subcontracting Goals as listed in the following table:

s) Attachment 2, Performance Work Statement, is amended as follows:

· Section B.1 (I)(c) is replaced with the following, so as to incorporate the Buy American Act rather than the Trade Agreements Act.

c. The contractor must have a plan for monitoring suppliers’ compliance with the Domestic Sourcing Restrictions contained in the contract, Preference for Certain Domestic Commodities, Berry Amendment, Buy American Act (BAA), Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate, Restrictions on Certain Foreign Purchases, and Restriction on Acquisition of Hand or Measuring Tools.

· Section B.1 (I)(d) is replaced with the following, so as to incorporate the Buy American Act rather than the Trade Agreements Act.

d. The contractor is responsible for sourcing all products in Attachment 3, as well as other products added throughout the life of this IDIQ, and the products must meet the following requirements:

· Pursuant to the provisions of the Javits-Wagner-O’Day Act, production facilities of the NIB and NISH items marked as AbilityOne in Column D in Attachment 3 are mandatory sources and the contractor must procure those items from AbilityOne distributors.

· Pursuant to FAR 8.6, items marked as Federal Prison Industries (UNICOR) in Column D in Attachment 3 are mandatory sources for the contractor and the contractor must procure those items from UNICOR.

· All other items listed in Attachment 3 not identified as AbilityOne or UNICOR must be BAA compliant per FAR subpart 25.1.

· Contractors must provide Letters of Authorization for all toner items in Attachment 3 stating that the contractor or their subcontractors are authorized distributors for the specified type of toner product that will be supplied.

t) Attachment 6, Quality Assurance Surveillance Plan, is amended as follows:

· Section 4, Task 2, Material sourcing, is replaced with the following:

· All items identified to be sourced from mandatory sources are so sourced.

· All items are Buy American Act compliant.

· Under Section 5, the performance standard for Item Quality is replaced with the following:

Items match the description and meet the form, fit and function requirements.

Items meet BAA compliancy.

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