HT001121R00014_OMNIBUS IV _ 04.12.2021_AMEND0002.pdf

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DHA OMNIBUS IV MILITARY MEDICAL RESEARCH AND DEVELOPMENT RFP
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HT001121R00040002
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to make changes to the follow ing sections:

Section H: H1.(a) b.; H1.(b)

Section J: Attachment 3 Price Sheet; Attachment 4 Self-Scoring Worksheet

Section K

Section L: L.1.1.1; L.1.3.5.1; L.1.3.5.3; L.1.3.6; L.1.3.7; L.1.3.8; L.1.3.10; L.2.4; L.2.7.1; L.2.7.1.1; L.2.10; L.2.11; L.2.13; L.3.3.1.1; L.3.3.1.3;

L.3.3.2; L.4.2; L.5.0; L.6.1; Attachment L-1; Attachment L-2; Attachment S-1

Section M: M.2.2.1; M.2.3; M.2.5

1. CONTRACT ID CODE PAGE OF PAGES

Z 1 54

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Apr-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HT001121R0004

X 9B. DATED (SEE ITEM 11)

17-Mar-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Apr-2021

CODE

DHA CONTRACTING OFFICE-(PS-CD) HT0011

7700 ARLINGTON BLVD

FALLS CHURCH VA 22042

HT0011 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HT001121R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

CONTENTS

H1. Ordering Procedures H2. Ramp-On/Ramp-Off H3. Commercial Items H4. Level of Effort

H1. Ordering Procedures

DHA Contracting Officers are authorized to issue orders hereunder. Other Contracting Officers may issue orders with the advanced written approval of the DHA Contracting Office.

(a) All multiple award Contractors shall be provided fair opportunity to be considered for each order, within their Market Segment(s) stated within their IDIQ contract scope, pursuant to the procedures established in this clause unless the Task Order Contracting Officer (TOCO) determines that an exception to fair opportunity (ETFO) exists or determines that a small business set aside or direct award TO is appropriate.

a. If the TOCO determines that an ETFO exists, the number of contractors may be limited to one or more eligible contractors to submit proposals. The TOCO will determine whether an ETFO exists based on the requirements in law and regulation.

b. The TOCO may reserve TOs when the conditions at FAR 19.502-2 exist and shall make the determination whether the TO should be reserved for a small business socioeconomic program or issued directly to a small business concern. All small businesses shall self-certify their small business status at the task order level.

c. The TOCO will make a determination which Market Segment a task order requirement is to be solicited within. If the TOCO makes the determination that a task order requirement falls within more than one Market Segment, then the TOCO will make a determination which Market Segment is a best fit to solicit, understanding that the TOCO may perform IDIQ wide market research (e.g., Request for Information), before posting the RFP within a specific Market Segment. The TOCO may also broadcast visibility of the RFP IDIQ wide but will restrict proposals against the Task Order Request for Proposal (TORP) to a specific Market Segment. An alternative available to the TOCO is to solicit in more than one relevant Market Segment at the same time, such that, IDIQ holders within any of the relevant Market Segments may submit an offer.

d. A multiple award Contractor might not have all of the competencies to offer on a task order requirement within its Market Segment(s) where the task order requirement spans more than one Market Segment. In such case, the IDIQ holder is not restricted to only those subcontractors mentioned in its IDIQ RFP proposal.

Proposed subcontractors can include prime contractor holders in other Market Segments or even subcontractors with no previous Omnibus exposure. Any new subcontractors will receive concurrent default approval upon receipt of a task order award. Any subcontractors added after task order award would require approval by the TOCO, should the TOCO make that a requirement. It is assumed that relationships with subcontractors do not violate any exclusivity between parties. The Government does not have any exclusivity requirements unless so stated by the TOCO.

(b) Regardless of the procedures used, all proposals shall be submitted by the time specified in the TORP. All multiple award Contractors may only propose, in the prime position, on a TORP that falls within the Market Segment(s) included in the Contractor’s IDIQ contract scope. This does not restrict a prime contractor from participating as a subcontractor at the task order level within that Market Segment. The Government reserves the right to award orders without interchanges with Offerors. For actions awarded under FAR 16.505(b)(1)(iv), unsuccessful Offerors will be notified in accordance with FAR 15.503(b). For actions below the threshold specified in FAR 16.505(b)(1)(iv) notification and post award debriefings will be at the discretion of the

TOCO.

(c) In accordance with FAR 16.505(a)(10), a protest is not authorized in connection with the issuance or proposed issuance of an individual TO under $25 million, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.

(d) Each TORP will identify a TO Ombudsman. The TO Ombudsman is responsible for reviewing complaints from multiple award Contractors and ensuring that all of the Contractors are afforded a fair opportunity to be considered for TOs consistent with the procedures in the contract. However, it is not within the designated TO ombudsman’s authority to prevent the issuance of an order or disturb an existing order.

(e) In accordance with FAR 16.505(b)(1)(iv) for actions valued at the amount specified (currently $6 million) the Government will provide a post award debriefing if requested.

The manner of the debriefing will be at the discretion of the TOCO.

(f) This clause does not guarantee the Contractor issuance of any TO above the minimum guarantee stated in this contract.

(g) Orders will be awarded using one of the following procedures:

(A) Competitive – Standard Proposal

a. The Government issues all or a limited number of Contractors either a SOW describing specific work and data items required, anticipated performance period, critical milestones; a PWS that describes performance objectives and measurable performance standards; or, a SOO that describes the overall TO performance requirement.

b. The Contractors shall provide the TOCO an original and copies (as specified) of a complete, detailed proposal. The proposal shall address:

i. The comprehensive technical and management approach to accomplish the effort (to include a SOW or PWS if a SOO is issued with the TORP);

ii. If applicable, detailed cost or pricing data in accordance with the instructions set for in the TORP and FAR 15.403-5 (reference FAR 15.408, Table 15-2);

iii. Proposed schedule for completing the TO effort; and

iv. Any other requested and/or pertinent information.

c. The evaluation factors for each TO will be described in the solicitation for each order.

d. Upon proposal receipt, the Government will evaluate all proposals, engage in interchanges if determined necessary by the TOCO, and make an award to the Offeror proposing the best overall value to the Government. The final proposal for the awardee will be incorporated into the contract by reference.

(B) Competitive – Streamlined Proposal

a. The Government issues all or a limited number of Contractors a Statement of

Objectives (SOO) that describes the overall TO performance requirement; a Statement of Work (SOW) developed by the Government describing the specific work and data items required, anticipated performance period, and critical milestones; or a Performance Work Statement (PWS) that describes performance objectives and measurable performance standards.

b. Top-Level Work Plan – Based on the SOO, SOW or PWS, the Contractors shall provide Top-level Work Plans that shall include the following information:

i. Executive Summary Work Plan. Maximum 5 pages, outlining the Offeror’s concept of approach to satisfy the Government’s technical and performance requirements.

ii. Rough Order of Magnitude (ROM) Performance Estimate, which includes the Offeror’s total estimated ROM cost of the project with fee rate specified, the estimated period of performance, labor skill mix with the estimate of hours to complete the task and all other cost factors, i.e.

materials, subcontracts, etc.

iii. The Government will evaluate the Top-Level Work Plans and the ROM.

The Government may evaluate the Offeror’s past performance on this contract.

iv. Based on the evaluation, a selected Offeror or Offerors will be requested to submit an original and copies (as specified) of a complete, detailed written proposal. The proposal shall address:

1. The comprehensive technical and management approach to accomplish the effort (to include a SOW or PWS if a SOO is issued with the RFP);

2. If applicable, detailed cost or pricing data in accordance with the

3. Proposed schedule for completing the TO effort;

4. Any other requested and/or pertinent information.

v. Upon proposal receipt, the TOCO and Technical Representatives will evaluate the submission, engage in interchanges/negotiations if necessary and award the TO.

(C) Competitive – Proposal with Presentations

a. The Government issues all or a limited number of Offerors a request to provide a presentation with a corresponding briefing. The format of the presentation and contents of the briefing will be provided with the TORP. The maximum number of slides or other constraints regarding size and scope of the briefing will also be specified in the initial request for presentation. The TORP will specify a due date and time for delivery of the briefing slides and the date and time appointed to the Offeror to present the briefing to the Government evaluation team. Failure to deliver the slides in accordance with the TORP will be considered a late proposal.

b. At the specified date and time the Offeror(s) shall present their briefing to the

Government evaluation team. It is anticipated that this presentation will include back and forth interchanges between the Offeror and the Government evaluation team. The purpose of these interchanges will be to enhance Government understanding of the presentation and to facilitate the Government’s evaluation process. The interchanges shall not be used to materially alter the technical or cost elements of the presentation. It is anticipated that the briefing and presentation will be limited to a single submission and presentation, however, the Government will reserve the right to request revisions to the same. Based upon the evaluation of the briefing and presentations the Government will select an Offeror(s) from which to request a full written proposal. In the interest of streamlining the process it is the Government’s intent to issue the amended TORP not later than 5 business days after the aforementioned presentations. The Government at its discretion may provide feedback to those Offerors not selected to submit a full proposal.

c. The proposal shall address:

i. The comprehensive technical and management approach to accomplish the effort (to include a SOW or PWS if a SOO is issued with the TORP);

ii. If applicable, detailed cost or pricing data in accordance with the

iii. Proposed schedule for completing the TO effort;

iv. Any other requested and/or pertinent information.

d. At a date and time specified in the amended TORP the Offeror will submit the proposal and if requested by the Government, provide a presentation to the Government evaluation team. As with the initial presentation it is anticipated that this presentation will include back and forth interchanges between the Offeror and the Government evaluation team. The purpose of these interchanges will be to enhance Government understanding of the proposal and to facilitate the Government’s evaluation process.

e. Upon proposal receipt and/or presentation, the TOCO and Technical

Representatives will evaluate the submission, conduct negotiations as necessary and award the TO.

h. The TOCO may make deviations to these processes due to unique circumstances as determined appropriate on individual requirements. The TOCO shall utilize FAR 16.505(b) as a guideline if a deviation to the order placement procedures is intended.

H2. Ramp-On

The Government intends to Ramp-On additional contract holders at a period in time determined by the PCO, to ensure a sufficient pre-qualified pool of contract holders. The Ramp-on process would be conducted by releasing a solicitation for full and open competition.

H3. Ramp – Off

The Government reserves the unilateral right to Off-Ramp non-performing Contractors. Off-ramping methods may result from one of the following conditions:

1. Permitting the Contractor’s Omnibus IV Contract term to expire instead of exercising the optional ordering period.

2. Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

3. Termination as defined in FAR Part 49

4. Failing to meet the contract standards of performance, deliverables, or compliances

5. The Government and contractor agreeing to reduce administrative burden and costs

6. Contractors who have had contractor-induced cost overruns, have any unsatisfactory performance ratings in CPARS for the Omnibus IV contract or task orders, or have not met small business participation commitments within 5% of the overall goals.

H4. Commercial Items

The commercial clauses FAR 52.212-4 and 52.212-5 are included in this solicitation by reference only in Section I. At the time of TO award, these clauses will be included and tailored for each commercial TO.

H4. Level of Effort

The following clause shall be included in all Cost Type Term Form Task Orders.

a. This Contract is a term form of contract within the meaning of FAR 16.306(d)(2). The Contractor shall devote the following level(s) of effort during the below listed time period(s):

CLIN HOURS TIME PERIOD

See Section F, Delivery Information

b. Deviation(s) downward in any of the level(s) indicated above, within 10 percent, will have no effect on any other provision of this Contract, including the fixed fee as part of the consideration.

c. At any time that the Contractor has reason to believe that the deviation permitted by Paragraph b.

above will be exceeded, the Contractor shall so advise the Contracting Officer for the purpose of obtaining his written consent to such deviation, or negotiating the appropriate change(s) to the cost, fixed fee, or contract period.

d. Prior to final payment of any amount of fixed fee due the Contractor hereunder, the Contractor shall provide to the Contracting Officer a certification that he has exerted the level(s) of effort required by Paragraphs a. and b., as from time-to-time amended, or as changed by written approval of the Contracting Officer.

(End of Clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Statement of Objectives 9 26-MAR-2021 Attachment 2 DD254 DoD Security

Classification

3 10-NOV-2020

Attachment 3 Price Sheet 2 16-MAR-2021 Attachment 4 Self Scoring Worksheet 6 16-MAR-2021 Attachment 5 Performance Guarantee

Agreement

2 05-NOV-2020

Attachment 6 PIEE Vendor Registration Instructions

7 05-JAN-2021

to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Statement of Objectives 9 26-MAR-2021 Attachment 2 DD254 DoD Security

Classification

3 10-NOV-2020

Attachment 3 Price Sheet 08-APR-2021 Attachment 4 Self Scoring Worksheet 08-APR-2021 Attachment 5 Performance Guarantee

Agreement

2 05-NOV-2020

Attachment 6 PIEE Vendor Registration Instructions

7 05-JAN-2021

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

252.239-7098 252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES—REPRESENTATION

(DEVIATION 2021-O0003) (APRIL 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116- 260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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 Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 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.

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.

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (FEB 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. 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.

FAR/DFARS Clause # Title Date Change

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

The following have been deleted:

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2020

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

DEC 2019

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

JUL 2020

252.204-7007 Alternate A, Annual Representations and Certifications APR 2020

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTION TO OFFERORS

L.1.0 GENERAL INSTRUCTIONS TO OFFERORS

L.1.1 GENERAL INFORMATION

L.1.1.1 Point of Contact

The points of contact for this acquisition are listed below:

Ms. Saera Khan Contract Specialist (CS) Defense Health Agency Professional Services Contracting Division (PS-CD) Email: dha.ncr.cod-fc.mbx.dha-acq-omnibus-iv@mail.mil

Ms. Leslie Nelson Procuring Contracting Officer (CO) Defense Health Agency Professional Services Contracting Division (PS-CD) Email: dha.ncr.cod-fc.mbx.dha-acq-omnibus-iv@mail.mil

The question and answer period has closed. The Government’s responses to questions to the RFP are provided to all potential Offerors via beta.SAM at https://www.beta.sam.gov.

If amendments to the solicitation are issued, all Offerors must acknowledge the amendments by signing the accompanying Standard Form (SF) 30 and returning the signed SF 30 for all amendments issued with the Offeror’s proposal submission. Failure to acknowledge all amendments issued by the Government may result in the proposal submitted in response to the solicitation being found non-responsive by the Government.

L.1.1.2 DEBRIEFINGS

L.1.1.2.1 Pre-award Debriefings

Offerors excluded from the competitive range or otherwise excluded from the competition before award may request a debriefing by submitting a written request to the Procuring Contracting Officer (PCO) within three (3) calendar days after receipt of the notice of exclusion from the competitive range. The Government shall make every effort to debrief unsuccessful Offerors as soon as practicable. Refer to FAR 15.505 for further instruction.

L.1.1.2.2 Post-award Debriefings

Offerors may request a debriefing by providing a written request to the PCO. The PCO will notify Offerors of the source selection decision within three (3) calendar days after award.

Offerors that desire a debriefing must request one in writing within three (3) calendar days after receipt of the PCO notification. To the maximum extent practicable, debriefings will be conducted within five (5) calendar days after the Offeror’s request. Refer to FAR 15.506 for further instruction.

L.1.1.3 DISCREPANCIES

If an Offeror believes the solicitation, including the instructions to Offerors, contains an error, omission or ambiguity, or is otherwise unsound, the Offeror shall immediately notify the Contracting Specialist and Procuring Contracting Officer in writing with supporting rationale at any point prior to the proposal submission deadline.

L.1.2 ORGANIZATION/DISTRIBUTION/NUMBER OF COPIES/PAGE LIMITS

The Offeror shall prepare the proposal as set forth in the Proposal Organization Table L.1.2 below. The titles and content of the volumes, as well as the page limitations shall be as specified in the table. In the event that the table conflicts with the detailed instructions in the paragraphs that follow, the detailed instructions shall take precedence.

Table L.1.2 – Proposal Organization

Volume Volume Title Copies Page Limit

I PROPOSAL DOCUMENTATION 1 original (electronic)

Unlimited

II FACTOR 1, TECHNICAL

Proficiency Demonstration 1 original

(electronic) 2 pages per Proficiency

Demonstration Part

Self-Scoring Worksheet N/A III FACTOR 2, PAST PERFORMANCE 1 original

(electronic)

Description Of Team 5 Present and Past Performance Information

Form 5 pages per reference

(Attachment L- 1)

Organizational Change History Unlimited

IV FACTOR 3, SMALL BUSINESS

PARTICIPATION COMMITMENT

1 original

Small Business Participation Commitment Document

Small Business Subcontracting Plan Unlimited V FACTOR 4, PRICE 1 original

N/A

a. The “ORIGINAL” copy of Volumes I, II, III, IV, and V of the proposal shall be provided electronically via the Procurement Integrated Enterprise Environment (PIEE) Solicitation module under the instructions contained in this solicitation and accessed at https://piee.eb.mil (in the event of a conflict, the instructions on the website take precedence). Each volume shall have a cover sheet, clearly marked as volume number, Offeror’s name, solicitation title, solicitation number, and proposal date.

b. The electronic copy of each volume shall be submitted in accordance with Paragraph

L.1.3.7.

c. Present and Past Performance Questionnaires (Attachment L-2) shall be emailed in PDF to the team e-mail address shown in Paragraph L.1.1.1, dha.ncr.cod-fc.mbx.dha-acq-omnibus-iv@mail.mil.

d. Please note the requirements for submission of proposals contained in FAR 52.215-1 (incorporated by reference as described earlier).

L.1.3 PROPOSAL FORMAT

L.1.3.1 Guidance This section of the Instructions to Offerors (ITO) provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The Offeror’s proposal must include all data and information requested by the ITO and must be submitted in accordance with these instructions. Non-compliance with these instructions provided in the ITO may result in an unfavorable proposal evaluation.

L.1.3.2 Sufficient Detail Proposals shall comply with the following guidelines:

Be complete and respond directly to the requirements of the solicitation.

Address the factors, sub-factors, and their related elements as listed in Section M of the solicitation.

Be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated assertions. Extraneous, repetitious, or wordy submissions are not desired and could result in lower ratings.

Do not simply rephrase or restate the Government’s requirements, but rather provide convincing rationale to address how the Offeror intends to meet the requirements.

Assume that the Government has no prior knowledge of the Offeror’s capabilities and experience, and will base its evaluation only on the information presented in the Offeror’s proposal.

L.1.3.3 Validity Statement The Offeror shall make a clear statement that the proposal is valid for the duration of the acceptance period. The Offeror shall complete the proposal validation date in block 12, Section A of the solicitation, in order to affirm the proposal is valid for 360 days or the duration of the Source Selection. In accordance with FAR 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of unsuccessful proposals.

L.1.3.4 Physical Appearance of Submissions

Elaborate brochures or documentation, detailed artwork, or other embellishments are unnecessary and are not desired.

Proposals shall be in electronic format.

No models, mockups, or video will be accepted.

L.1.3.5 Page Format Restrictions and Limitations L.1.3.5.1 Page Size Pages shall be 8.5 x 11 inches. The Government will not accept foldout sheets. Font size shall be twelve (12) point Times New Roman. Lettering within tables, charts, graphs, and figures shall be no smaller than ten (10) point Times New Roman. No double or multiple column pages will be accepted, not including tables, charts, graphs and figures. Margins on all four edges of each sheet will be at least one-inch. Proprietary statements, security markings, and page numbers shall be placed within the defined margin area. Pages shall be numbered sequentially by volume. In the event discussions are held, these page format restrictions shall apply to the Final Proposal Revisions (FPRs).

NOTE: Tables support written narrative and shall not be a replacement for the written narrative.

L.1.3.5.2 Page Limitations Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. The excess pages will be deleted from the electronic proposal. In the event discussions are held, page limitations may be placed on responses to Evaluation Notices (ENs). Page limits, if specified for EN responses, will be identified in the letters forwarding the ENs to the Offerors.

L.1.3.5.3 Pages Counted Each page shall be counted except the following:

Cover pages Teaming arrangements (including mentor-protégé agreements) Letters of commitment Subject matter expertise (SME) letters of intent Past performance consent letters Client authorization letters Present and Past performance questionnaires (Attachment L-2) Tables of contents Revision matrix Glossaries of abbreviations and acronyms Lists of figures, tables or drawings Price Spreadsheet (Attachment 3) Self-Scoring Worksheet (Attachment 4) Performance Guarantee Agreements (Attachment 5) (Joint Ventures only) Blank pages Contractor Performance Assessment Reporting System (CPARS) Small Business Participation Commitment Calculation Template (Attachment S-1) Past Performance Roadmaps (reference L.4.4)

L.1.3.6 Indexing

Each volume shall contain a more detailed table of contents to delineate the sections within that volume with the exception of Volume V - Price.

L.1.3.7 Electronic Delivery

a. Offerors shall submit their proposals electronically via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module under the instructions contained in this solicitation and accessed at https://piee.eb.mil. Proposals shall be submitted electronically via the PIEE Solicitation Module only. Hard copy submissions or any other submission outside of the PIEE Solicitation Module will not be accepted.

NOTE: Offerors are encouraged to register in the PIEE Solicitation Module as soon as possible. Vendor registration instructions are available at Attachment

b. The electronic submission shall govern for the purpose of submission, modification, and withdrawal of proposals as addressed in FAR 52.215-1 “Instructions to Offerors – Competitive Acquisition” (included by reference in this solicitation); this paragraph supplements that coverage. Offerors are responsible for submitting proposals and any proposal modifications/revisions by the date and time specified in the solicitation. Proposals submitted electronically will be considered “late” unless the Offeror completes the entire transmission of the proposal prior to the closing date and time established for receipt of proposals under this solicitation. Proposal transmission must therefore be completed NLT 1:00 PM EDT, April 28, 2021. Proposals received after this exact time will NOT be considered unless it meets one of the exceptions stated in FAR 52.215- 1(c)(3).

c. Each electronic file shall be clearly named. Electronic proposal files shall not contain classified data. The Offeror’s e-proposals shall be in accordance with the requirements set forth below:

(1) Portable document file…

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