HC101320R0011-RFP-(20200807).pdf

SEE ADDENDUM

(No Collect Calls)

HC101320R0011 07-Aug-2020

b. TELEPHONE NUMBER

618-418-6516

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 28 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HC10139. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TIMOTHY J. STEWART

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DISA/DITCO-SCOTT

2300 EAST DRIVE

BLDG 3600

SCOTT AFB IL 62225-5406

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

517410

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section A - Solicitation/Contract Form

ADDENDUM TO 52.212-1

Addendum to 52.212-1(b), INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (Jun 2020)

In addition to the standard text of FAR 52.212-1 (incorporated by reference), the following addendum provides instructions for proposal submission under Request for Proposal (RFP)

HC101320R0011.

(b)

(12) Other Instructions

(i) General Information

(A) Points of Contact: The contracting officer (KO) and contract specialist (CS) are the sole points of contact for this procurement. Address any questions or concerns you may have to the KO/CS. Written requests for clarification must be sent to the KO/CS at timothy.j.stewart2.civ@mail.mil and lacey.arentsen.civ@mail.mil.

(B) Discrepancies: If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the KO in writing with supporting rationale. The Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

(C) Electronic Reference Documents: All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at https://beta.sam.gov/. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

(D) Communications: Exchanges of source selection information between Government and offerors will be controlled by the KO and CS. Email will be used to transmit such information to the offeror and will include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line.

(E) Non-Government Advisors (NGAs): Non-Government personnel will be involved in the evaluation of the offeror’s proposal. The NGAs may have access to all aspects of the offeror’s proposal. By submission of its proposal, the offeror acknowledges the use of NGAs in proposal evaluation. The NGAs are from the following companies:

HC101320R0011

E3 Federal Solutions, LLC 8281 Greensboro Dr Ste 400 McLean, VA 22102

Disruptive Technology Associates, Ltd.

621 E. Goldenrod St.

Phoenix, AZ 85048

SupInf Technologies, LLC 11117 Potomac Oaks Dr.

Rockville, MD 20850

TriSept Corporation 15036 Conference Center Drive Suite 500 Chantilly, VA 20151

Deloitte Consulting, LLP 1919 Lynn Street Arlington, VA 22209 Classified Mailing Address:

P.O. Box12496, Arlington VA 22219

(ii) Offerors are requested to submit a written technical proposal and a price proposal in response to the attached Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP). Information on submission of technical and price proposals is provided below. The proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of statements asserted in the proposal. The proposal should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements.

Offerors shall assume the Government has no prior knowledge of their facilities and capabilities and will base its evaluation on the information presented in the offeror's proposal. The offeror's proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The proposal should sufficiently address all of the requirements as stated in the PWS. Non-conformance with these instructions may result in removal of the proposal from further evaluation.

(iii) IAW Additional Instruction H1, “Organizational and Consultant Conflicts of Interest (OCCI),"the offeror shall specifically identify in its proposal whether or not any potential or actual OCCI, as described in Federal Acquisition Regulation (FAR) Subpart 9.5, exists for this instant procurement. If the offeror believes that no OCCI exists, the OCCI response shall set forth sufficient details to support such a position. If the offeror believes that an actual or perceived OCCI does exist on the instant procurement, the offeror shall submit an

OCCI plan with the proposal, explaining in detail how the OCCI will be mitigated and/or avoided.

(iv) Page limitations, if applicable, are identified below and will be treated as maximums. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be

8.5 x 11 inches. Page limitations are identified below under each evaluation factor and will be treated as maximums. If exceeded, excess pages will not be read or considered in evaluation of the proposal. The following items will not be considered when calculating page limits: cover page, table of contents, glossary, executive summary, generic resumes, past performances, OCCI mitigation plans, SCRM plans, GFP Attachment, Fixed Price Payment Plans, CIAQ, FAR/DFARS Provisions/Clauses attachment, and Section 508 compliance. In the event any evaluation notices are issued, page limitations may also be placed on those. Page limitations shall not be circumvented by including inserted text boxes/pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered part of a proposal.

The Government reserves the right not to consider for award any proposal that does not adhere to the administrative requirements of this RFP.

(v) Organization/Number of Copies/Page Limits. The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified. The contents of each proposal volume are described in the information to offerors paragraph as noted in the table below. To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. Each volume may contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing may be used to identify sections.

Additionally, each volume may contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

Table 1 Proposal Organization

VOLUME 52.212-1

Paragraph Number

VOLUME TITLE COPIES PAGE LIMIT

I (b)(12)(vii)(A) Executive Summary 1 electronic 1 II (b)(12)(vii)(B) Technical/Management 1 electronic 30 III (b)(12)(vii)(C) Price 1 electronic No page limit IV (b)(12)(vii)(D) Contract Documentation 1 electronic No page limit

(vi) Electronic Offers. The offeror shall submit volumes I through IV in electronic format via email and must include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line. Each volume shall be a separate file. If files are compressed, the necessary decompression program must be included. Proposals shall be submitted to the KO/CS identified below:

Timothy Stewart (CS) – timothy.j.stewart2.civ@mail.mil Lacey Arentsen (KO) – lacey.arentsen.civ@mail.mil

(vii) Proposal Organization:

(A) Volume I - Executive Summary. In the executive summary volume, the offeror shall describe the significant attributes and theme of its proposal. It should be concise, to include addressing any significant risks, and highlighting any key or unique features, excluding price. Any summary material presented in the Executive Summary shall not be considered as meeting or exceeding the RFP’s requirements, including the technical subfactors. Include a master table of contents for the entire proposal.

(B) Volume II – Technical/Management. The technical/management volume should be specific and complete, and will be evaluated against the technical/management subfactors defined in FAR 52.212-2, Evaluation – Commercial Items. The technical portion of the proposal is to be submitted as a Microsoft (MS) Word 2007 or newer document, or as a PDF document. The page format shall have a 1 inch margin using no smaller than an 11 point Arial, Times New Roman, or Courier New font for all text to include any text contained in a table. The file size of each document shall not exceed 20MB. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying the factors/subfactors.

In the Technical/Management volume, address your proposed approach to meeting or exceeding the minimum performance or capability requirements of each technical/management factor/subfactors, as well as any risks in your proposed approach in terms of technical/performance, price, and/or schedule. Address any technical/management risk by identifying those aspects of the proposal you consider to have the potential for disruption of schedule, poor performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract performance. Describe the impact of each identified risk in terms of its potential to interfere with or prevent the successful accomplishment of other contract requirements (e.g., PWS or specification requirements), whether or not those requirements are identified as subfactors. Propose a realistic "work-around" or risk mitigation for identified risks that will eliminate or reduce risk to an acceptable level. Identify any new risks introduced by such risk mitigation.

Volume II - Technical/Management shall be organized as follows:

-Table of Contents -List of Table and Drawings (if applicable) mailto:timothy.j.stewart2.civ@mail.mil mailto:lacey.arentsen.civ@mail.mil

-Glossary (if applicable) -Subfactor One -Subfactor Two -Subfactor Three -Subfactor Four -Subfactor Five -All other aspects of the PWS

(C) Volume III – Price. You shall submit pricing, using the attached CLIN Pricing Worksheet, for the base period and all option periods, including option pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8. See FAR 52.217-8, which authorizes the Government to require continued performance of any services within the limits and at the rates specified in the contract. The CLIN Pricing Worksheet includes a separate line item for the additional 6-month period IAW FAR 52.217-8. These prices shall be identical to the proposed pricing in the 6 months prior to expiration of the final option period.

The price proposal spreadsheet shall be submitted in MS Excel 2007 format or newer. All formulas shall remain present in the spreadsheet for verification. The file size of each document shall not exceed 20MB. Information beyond that required by this instruction shall not be submitted. All information relating to the proposed price, including all required supporting documentation must be included in the section of the proposal designated as the Price Volume.

The Offeror shall propose a fixed price payment plan commensurate with the value of the deliverables and/or significant milestones in the PWS for this requirement. A firm fixed price payment plan with the total dollar amount divided into equal monthly payments will not be accepted unless the offeror provides justification for this plan that the Government subsequently deems adequate. Under no circumstances shall the information and documentation from the Price Volume be included elsewhere in the proposal other than Volume II, Price Volume and Volume IV, Contract Documentation, which includes CLIN pricing.

Copy of

SBS0021_CLIN_20200

Price submissions should be sufficiently detailed to demonstrate their reasonableness. Offerors shall ensure price proposals include detailed information regarding the resources required to accomplish the task (e.g., supplier charges, equipment/material quotes, labor categories, labor hours, number of employees for each labor category, rates, etc.). Data other than certified cost or pricing data may be required to support the price reasonableness of your proposal in accordance with FAR 15.403.

Volume III – Price shall be organized as follows:

-Attachment 001, CLIN Pricing Worksheet -Price Narrative - to include cost or pricing information, supporting data, estimating methodology.

(D) Volume IV - Contract Documentation. The purpose of this volume is to provide information to the Government for preparing the contract document and supporting file.

1. You must complete blocks 30 a, b, and c of the SF Form 1449 and return this form with your proposal. Signature by the offeror on the SF1449 constitutes an offer, which the Government may accept.

2. You must provide completed pricing information in the CLIN Pricing Worksheet.

3. You must provide FAR 52.212-3 Alt I (completed representations, certifications, acknowledgments and statements).

4. OCCI Mitigation Plan or a statement that OCCI does not exist.

5. You must provide a completed Commercial Satellite Communications (COMSATCOM) Information Assurance Questionnaire (CIAQ) worksheet (template attached to

RFP).

6. Authorized Offeror Personnel. Provide the name, title, and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government. Contractor Point of Contract information will be used to populate DISA Additional Instruction G1, Point of Contact.

7. Company/Division Address, Identifying Codes, and Applicable Designations. Provide company/division's street address, county and facility code; CAGE code;

DUNS code; TIN; size of business (large or small); and labor surplus area designation. This same information must be provided if the work for this contract will be performed at any other locations. List all locations where work is to be performed and indicate whether such facility is a division, affiliate, or subcontractor, and the percentage of work to be performed at each location.

ADDENDUM TO 52.212-2(A)

FAR 52.212-2(a), Evaluation-Commercial Items is tailored as follows:

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:

Factor 1: Technical/Management Approach: The Technical/Management portion of the proposal must be limited to 30 pages. The following Technical/Management Approach Subfactors are listed in descending order of importance.

(a) Subfactor 1 – Required Capacity [Performance Work Statement (PWS) 6.2.3.1] - The Government will evaluate the extent to which the offeror’s technical solution meets or exceeds the requirements outlined below and in PWS 6.2.3.1. The contractor shall demonstrate the ability to provide the required capacity to support a minimum of 3 Mbps downlink and 512 Kbps uplink and VOIP services to support offshore and beyond line of sight (BLOS) within the specified coverage area. The satellite service shall allow NSWCCD to access the commercial/public internet access for test support, and provide a static IP address for their watercraft.

The VOIP services shall include 24/7 technical support capabilities when troubleshooting is required. The Government may place preference and may assign a strength to offerors that exceed the minimum Committed Information Rate (CIR) of 3 Mbps/512 Kbps required throughput outlined in PWS 6.2.3.1.

(b) Subfactor 2 – New Equipment Solution [PWS 6.2.2.1] - The Government will evaluate the extent to which the offeror’s technical solution meets or exceeds the requirements outlined below and in the PWS 6.2.2.1. The contractor shall propose a solution of new equipment. The new terminal must be ruggedized to handle marine environments and cannot exceed a weight of 80 pounds and a diameter of 34 inches, as well as the additional requirements listed in PWS 6.2.2.1. The Government may place preference and may assign strengths to offeror solutions that fall under the listed constraints, provides the smallest equipment footprint (e.g. antenna size, require rack space, cabling) with simpler installations, or earlier service start dates. Analysis of simplicity of installation will consider the Government effort required to mount and/or fabricate needed mounting hardware.

(c) Subfactor 3 – Required Space Segment Coverage [PWS 6.2.3.2]

Acceptable/Unacceptable In order for this subfactor to be rated acceptable, the contractor’s proposed technical solution shall demonstrate the ability to provide space segment coverage to include inland watersheds of the Atlantic Ocean out to 100 nautical miles off the East coast of the continental United States (CONUS).

(d) Subfactor 4 – Required Space Segment Availability [PWS 6.2.3.2]

In order for this subfactor to be rated acceptable, the contractor’s proposed technical solution shall demonstrate the ability to meet a link availability of 99.5 percent for satellite links and shall acknowledge that the blockage at the rear of the ship is known and operationally acceptable.

(e) Subfactor 5 – Information Assurance (IA) [PWS 6.6] –

In order for this subfactor to be rated acceptable, details of the contractor solution IA security posture shall be documented in the Defense Information Systems Agency (DISA)-provided COMSATCOM IA Questionnaire (CIAQ) and found to be acceptable under each element of the Government provided template (RFP

Attachment: CIAQ (Rows 23 thru 87)). The CIAQ must be submitted in its original locked Microsoft Excel format with the technical quotation. Failure to submit in the original format shall result in an unacceptable rating. A single CIAQ must document all applicable system segments (corporate systems not involved in service operations need not be reported upon). The contractor should ensure each response to a control addresses all aspects listed in the control description. NSA Cryptography is acceptable. As a minimum, Cryptography generally commensurate with commercial best practices is also acceptable if the Government determines that normal or special contractor emphasis and normal or close Government monitoring will likely be able to overcome any schedule, cost/price, and/or performance issues.

Factor 2: Price: The Offeror’s firm-fixed price proposal will be evaluated for award purposes based upon the total evaluated price which consists of the offeror’s proposed prices for the base period, all option periods, including option pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8. Evaluation of the options shall not obligate the Government to exercise such options. The offeror’s price proposal will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is reasonable and complete. Normally, price reasonableness is established through cost and price analysis techniques as described in FAR 15.404. For a price to be complete, all solicitation requirements must be priced, figures correctly calculated and prices presented in in a clear and useful format.

The Government reserves the right, but is not obligated, to conduct a realism analysis.

(1) Relative Importance of Factors: The Technical/Management Approach Factor is equal in importance to the Price Factor. Government currently has funds available in the amount of: $50,000.00/year.

(2) Ratings: Technical/Management subfactors 1 & 2 will each receive one of the ratings described in Table 1. Technical/Management subfactors 3, 4, and 5 will each receive an Acceptable or Unacceptable rating as described in Table 1. The subfactor ratings will not be rolled up into an overall color rating for the Technical/Management factor.

The Combined Technical/Management and Risk Rating provides an assessment of the offeror’s proposed solution for satisfying the Government’s requirements and includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined Technical/Management and Risk evaluations shall utilize the combined technical/risk ratings listed in Table 1. Table 2 provides definitions relating to the technical evaluation rating process.

Table 1. Combined Technical/Management and Risk Ratings Color Rating Description BLUE Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

PURPLE Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

GREEN Acceptable Proposal meets requirements and indicates an adequate approach 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.

YELLOW Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths.

Risk of unsuccessful performance is high.

RED Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

Table 2. Definitions Relating to the Technical Evaluation Rating Process

Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor or subfactor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

Significant Weakness in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

Strength is an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Uncertainty is any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., there is more than one way to interpret the proposal or inconsistencies in the proposal indicating there may have been an error, omission, or mistake).

(3) Discussions: The Government intends to evaluate proposals and award a contract without exchanges. However, the Government reserves the right to conduct exchanges or seek clarifications if the KO determines they are necessary. If exchanges are required, the number of proposals being competitively considered may be narrowed to all of the most highly rated proposals. The Government further reserves the right to reduce the number of proposals being competitively considered to the greatest number that will permit efficient competition among the most highly rated proposals. The Government reserves the right, but is not obligated, to remove from further consideration any proposal that is rated unacceptable for Technical/Management subfactors 3, 4, and/or 5. If an offeror’s proposal is removed from further consideration for award, written notice of the removal will be provided to the offeror. In the event issues pertaining to the solicitation cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, offerors will be notified in writing.

(End of provision revisions)

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

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:

SEE ADDENDUM TO 52.212-2(a)

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-https://www.sam.gov/

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

http://www.sam.gov/

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in…