24Q8000_COMSYNAMD1_101223.pdf

This amendment is hereby issued for the following:

1. Address all vendor’s questions.

Q: 1. Since SAM now uses the Unique Entity Identifier (UEI) is the DUNS number still required or do you need both?

A: : The DUNS is obsolete, ONLY use the Unique Entity Identifier (UEI) number.

2. All changes to the solicitation document are highlighted in green . All other terms and conditions of the RFQ remain unchanged.

COMBINED

SYNOPSIS/SOLICITATION

i. This document is a combined synopsis/solicitation for commercial items prepared per the format in Subpart 12.6, as supplemented with Subpart 13.5 and additional information included in this notice. This announcement constitutes the only solicitation; quotes are requested, and a written solicitation will not be issued.

ii. The issued solicitation number, HE1254-24-Q-8000, is a Request for Quote (RFQ) for Equal Employment Opportunity - Final Agency Decision Services. The Government anticipates issuing Firm-Fixed Price contract resulting from this solicitation to the responsible Offeror whose quotes are deemed most advantageous to the government, with price and other factors considered in accordance with FAR Part 12 and FAR Part 13. Most Advantageous does not necessarily mean the lowest price quote.

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 published in the Federal Register on September 22, 2023.

iv. This requirement is 100% set-aside for Small Business. The associated

NAICS code is 541930 (Administrative Management and General Management Consulting Services) and the small business size standard is $16.5M.

v. List of Contract Line Item Numbers (CLIN), description, quantities in units, including option years:

AMENDMENT 0001

Final Agency Decision Services(FADS)

HE125424Q8000/ Pricing Sheet

CLIN Description Qty Unit Price

Price

0001 FAD (Standard) 25

0002 Mixed Case FAD 5

Base Year

1001 FAD (Standard) 25

1002 Mixed Case FAD 5

Option Year 1

2001 FAD (Standard) 25

2002 Mixed Case FAD 5

Year 2

3001(FAR

52.217-8)

FAD (Standard) Six Months

12.5

3002(FAR

52.217-8)

Mixed Case FAD Six Months

2.5

Year 3

Total Amount

i. Description: The requirement is for an Equal Employment Opportunity - Final Agency Decision Services outlined in the Performance Work Statement (PWS) attached on a separate cover. The contract award type shall be a Firm-Fixed Unit Price Contract. The Period of Performance shall be one 12-month base year from the date of the award followed by one 12- month option period.

ii. The primary location for the service will be at the contractor’s place of business.

The Contractor’s possession, use, and handling of this official property are limited to the performance of the tasks in this PWS during the period of the award and may not be retained. Inspection and acceptance of the deliverables: DoDEA will monitor the contractor’s performance based on each individual case to ensure that the contractor has performed in accordance with the performance requirements. The performance requirements define how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s); see the PWS for details.

iii. The provision at 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.An addendum to this provision is at Attachment 1. A statement under provision 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and statement regarding any addenda to the provision.

iv. The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. The specific evaluation criteria included in paragraph (a) of this provision is under Attachment 2.

v. Any Offeror shall include a completed copy of the provision at 52.212-3, Offeror

Representations and Certifications -- Commercial Items, with its offer. A printout of SAM website reps and certs is acceptable, as long as the SAM reps and certs are up to date on the SAM website. Per paragraph (b)(1) of this provision, any changes provided by the offerors in section (b)(2) of this provision do not automatically change the representation and certifications posted on the SAM website. It is the offerors’ responsibility to ensure their SAM registration is up to date before any contract award.

vi. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and is incorporated by reference. In addition, FAR clauses cited in clause 52.212-5 are applicable: 52.222-26, 52.222-36, 52.222- 40, 52.222-41, and 52.222-50.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAA

C /

CAGE

0001 POP 04-NOV-2023 TO

03-NOV-2024

N/A DMEO DIVISION

ATTN: DODEA HQ COR/POC

DIVERSITY MANAGEMENT &

EQUAL OPPORTUNITY (DME

4800 MARK CENTER DRIVE

SUITE 04F09-02

ALEXANDRIA VA 22311

571-372-7976 FOB: Destination

HE1254

0002 POP 04-NOV-2023 TO

03-NOV-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

1001 POP 04-NOV-2024 TO

03-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

1002 POP 04-NOV-2024 TO

03-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

2001 POP 04-NOV-2025 TO N/A

03-NOV-2026

(SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

2002 POP 04-NOV-2025 TO N/A

03-NOV-2026

(SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

3001 POP 04-NOV-2026 TO N/A

03-MAY-2027

(SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

3002 POP 04-NOV-2026 TO N/A

03-MAY-2027

(SAME AS PREVIOUS LOCATION)

FOB: Destination

HE1254

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020

Subcontract Awards

52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain NOV 2021

Telecommunications and Video Surveillance Services or Equipment

52.204-26 Covered Telecommunications Equipment or OCT 2020 Services--Representation.

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations

52.209-11 Representation by Corporations Regarding FEB 2016 Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-1 Instructions to Offerors--Commercial Products and SEP 2023 Commercial Services

52.212-3 Offeror Representations and Certifications-- SEP 2023 Commercial Products and Commercial Services

52.212-4 Contract Terms and Conditions--Commercial DEC 2022 Products and Commercial Services

52.215-6 Place of Performance OCT 1997 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-1 Small Business Program Representations SEP 2023 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract AUG 2018

Labor Standards - Price Adjustment (Multiple Year

And Option Contracts)

52.222-50 Combating Trafficking in Persons NOV 2021 52.223-6 Drug-Free Workplace MAY 2001 52.229-11 Tax on Certain Foreign Procurements--Notice and JUN 2020

Representation

52.232-1 Payments APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former SEP 2011

DoD Officials

252.203-7002 Requirement to Inform Employees of DEC 2022 Whistleblower Rights

252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and JAN 2023

Cyber Incident Reporting

252.204-7014 Limitations on the Use or Disclosure of JAN 2023 Information by Litigation Support Contractors

252.204-7015 Notice of Authorized Disclosure of Information for JAN 2023 Litigation Support

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7036 Buy American--Free Trade Agreements--Balance of JAN 2023

Payments Program--Basic

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and DEC 2018

Receiving Reports

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by JAN 2023

Contractor Personnel

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or JAN 2023

Commercial Services

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

See Addendum to 52.212-1 below.

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS

(DEC 2006)

Addendum to 52.212-1:

Paragraph (b), entitled “Submission of Offers,’

Instructions to Offerors: Quotations shall be prepared in accordance with these instructions.

Failure to do so may result in the Vendor submission being determined to be unacceptable and ineligible for award. Each Vendor’s submission shall be reviewed by the Contracting Officer or a designee upon receipt to ensure completeness and compliance with the instructions contained in the Request for Quote (RFQ). The determination not to consider for award a technically unacceptable quotation is in the sole discretion of the Contracting Officer.

The subject solicitation has been issued as an RFQ, all reference to proposals and offeror are synonymous with words quote(s), quoter(s), and vendor(s) respectively.

(a) Submission of Questions: Vendors may submit questions requesting clarification of solicitation requirements. All questions shall be received by October 11, 2023 at 6:00 pm EST. All questions shall be submitted via e-mail to donna.ferguson@dodea.edu and wardell.gordon@dodea.edu with “HE1254-24-Q- 8000 Final Agency Decision Writing Services” in the subject line. It is at the Government discretion to not respond to questions received after the closing date/time for submission of questions.

(b) Quotations shall be submitted via e-mail to donna.ferguson@dodea.edu and wardell.gordon@dodea.edu with “HE1254-24-Q-8000 Final Agency Decision Writing Services”” NO LATER THAN 6:00 pm EST, October 17, 2023. It is the contractor’s responsibility to follow up with the Contracting Officer after submission of their quote to ensure that their quote has been received. DoDEA’s e-mail capacity for attachments is 10MB.

DoDEA Points of Contract:

Contracting Officer:

Donna Ferguson 4800 Mark Center Drive: Attn: Headquarters Procurement Branch Alexandria, VA 22350-1400 donna.ferguson@dodea.edu

Contract Specialist:

Wardell Gordon 4800 Mark Center Drive: Attn: Headquarters Procurement Branch Alexandria, VA 22350-1400 wardell.gordon@dodea.edu

(c) Quotes shall include an administrative cover letter with the following information: Complete business Mailing Address Tax Identification Number (TIN) Duns & Bradstreet Number (DUNS) Cage Code

NAICS Code Contact Name, Phone, Fax and e-mail address

Page Limitation are as follows (35 pages maximum):

Cover Sheet – 2 pages Technical – 30 pages Pricing – pages

Technical Capability (Factor 1): The offeror shall submit a quote that clearly demonstrates its understanding of and approach to providing Final Agency Decision Services in accordance with the Performance Work Statement (PWS). The offeror shall submit a quote that clearly demonstrates the offeror’s prior experience performing similar services to those outlined in the PWS. The offeror shall link evidence to the performance requirement of the PWS. The reading of the quote should leave an evaluator with a detailed understanding of the vendors’ technical capacity for meeting the technical requirements of the solicitation without having to search throughout the entire quotation to piece together the vendor’s response.

2 – Past Performance (Factor 2):

1. The quote must provide the organization’s history of successful completion of projects, the history of producing high-quality work, and maintaining quality staff, history of staying on schedule, and within budget.

2. The quote must identify three (3) contracts/task orders with the Federal Government or commercial customers that demonstrate recent and relevant past performance as the prime contractor (recent as in within the last three years, and relevant as in work similar in complexity and magnitude of the work described in this PWS). This section shall include all of the following information for each identified contract/task order:

Project title Description of the project Contract number Contract amount Government Agency/Organization COTR’s name, address, and phone number Contracting Officer’s name, address, and phone number Contract and, if applicable, task order number Current status, e.g., completed and if in progress, start and estimated completion dates Dollar value and type of contract Name of the referenced company PWS paragraphs that the reference applies to Highlight key personnel who worked on the relevant project(s) and involved in this effort.

Include a brief narrative of why you deem the reference to be relevant to this effort.

A past performance questionnaire will be requested to the listed references once quotes are received.

Price (Factor 3): Offerors are required to provide pricing in the form of completed CLIN schedule above (page 1). Each vendor’s quoted prices will be evaluated for fair and reasonable pricing in accordance with FAR 13.106-3(a). The price will be evaluated for reasonableness.

Addendum to 52.212-1 Paragraph (c) Period for acceptance of offers. This paragraph (c) is changed to read as follows: The vendor agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

Addendum to 52.212-1 Paragraph (e) Multiple offers. This paragraph (e) is changed to read as follows: Multiple offers presenting alternative terms and conditions will NOT be accepted.

Addendum to 52.212-1 Paragraph (g) Contract award. This paragraph is changed to read as follows: The Government intends to award with or without discussions. Therefore, the vendor’s initial quote should contain the vendor’s best approach/terms for technical and price. However, despite this intent, the Government reserves the right to conduct discussions if the Contracting Officer determines they are necessary. In the event issues pertaining to this award cannot be resolved to the Government's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, vendors will be notified in writing.

-End of Provision-

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

(a) Evaluation:

See FAR 52.212-2 Addendum below.

(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.

52.212-2 ADDENDUM – EVALUATION – COMMERCIAL ITEMS (DEC 2006)

Addendum to 52.212-2:

Paragraph (a)

Basis of Award

The Government anticipates issuing Firm-Fixed Price contract resulting from this solicitation to the responsible Offeror whose quotes are deemed most advantageous to the government, with price and other factors considered in accordance with FAR Part 12 and FAR Part 13. Most Advantageous does not necessarily mean the lowest price quote.

The following factors shall be used to evaluate the quotes: Factor 1 – Technical Capability, Factor 2 – Past Performance, and Factor 3 – Price. Quotes will be reviewed according to FAR Subpart 13.5 procedures.

The factors are as follows:

Factor 1 – Technical Capability:

Each vendor’s quote will be evaluated base on technical capability to ensure the quote meets the minimum requirements of the Performance Work Statement (PWS). The quote must illustrate the offeror’s prior experience performing similar services to those outlined in the PWS. Quotes will be evaluated to determine how well the vendor’s quote meets or exceeds the requirements specified in the Performance Work Statement in accordance with the rating table below:

Table 1: Technical Capability Rating Standard Rating Rating Standard Exceeding The vendor’s quote exceeds the solicitation requirements.

Acceptable The vendor’s quote clearly meets the minimum requirements of the solicitation.

Unacceptable The vendor’s quote does not clearly meet the minimum requirement of the solicitation. Quote is un-awardable.

Factor 2 – Past Performance: The Government will evaluate an offeror’s capability to successfully meet the PWS requirements based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts. A past performance questionnaire(s) will be requested to the listed references once quotes are received. If only one questionnaire or no questionnaire is received, the Government reserve the right to consult the Contractor Performance Assessment Reporting System (CPARS) and the Federal Awardee Performance and Integrity Information System (FAPIIS).

(a) A vendor’s past performance will be evaluated as “acceptable”,” unacceptable” or “neutral”.

The past performance evaluation will assess the vendor’s probability of meeting the minimum solicitation requirements. Vendors shall submit three relevant past performance references with their quote and will be assigned one of the previously mentioned ratings.

The assessment will be based on the vendor’s record of relevant and recent past performance information. In addition to past performance, the Government may also consider information obtained through other sources such as Contractor Performance Assessment Reporting System (CPARS) and the Federal Awardee Performance and Integrity Information System (FAPIIS).

(b) Relevant performance includes efforts of the same or similar scope, magnitude of effort, and complexity that this solicitation requires; vendors should include specific examples, of relevance, if appropriate. e.g., “These include efforts where the Vendor provided products similar to those outlined in the PWS. Recent efforts are defined as those efforts, which have been performed during any portion of the last three years, including those efforts currently being performed.

(c) The Government will consider the collective record of all recent and relevant past performance in assessing a rating. In the case of an vendor without a record of past performance or for whom information on past performance is not available or so sparse that no meaningful past performance can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance therefore, the vendor shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Table 2- Past Performance Rating Table:

Rating Description Acceptable Based on the vendor’s recent performance record involving essentially the same or similar scope and magnitude of effort and complexities this solicitation requires, the Government has a reasonable expectation that the vendor will successfully perform the required effort.

Unacceptable Based on the vendor’s recent performance record involving essentially the same or similar scope and magnitude of effort and complexities this solicitation requires, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

Unknown/Neutral No recent performance record involving essentially the same or similar scope and magnitude of effort and complexities this solicitation requires is available or is so sparse that no meaningful past performance rating can be reasonably assigned.

Factor 3 – Price: Price will be evaluated for price reasonableness per FAR 13.106-3(a).

The price quote will be evaluated for price reasonableness. Prices will be evaluated to determine they are reasonable and within current market conditions.

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

(End of Provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION 2023-O0008) (OCT 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

(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 (MAY 2022) (E.O. 12989).

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232– 40.

(xxiv) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before contract expiration. .

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Three(3) years and six(6) months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

INVOICE 2-IN-1

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE 2-IN-1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing,…