Attch 3-RFP HT001124R0042.pdf

SEE ADDENDUM

(No Collect Calls)

HT001124R0042 24-Sep-2024

b. TELEPHONE NUMBER

703-681-2065

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 24 Oct 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HT00119. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CRYSTAL RANDOLPH

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DHA CONTRACTING OFFICE-(PS-CD) HT0011

7700 ARLINGTON BLVD

FALLS CHURCH VA 22042

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HT0075 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DEFENSE HEALTH AGENCY

JAMES MANLEY

MEDICAL AFFAIRS

7700 ARLINGTON BLVD

FALLS CHURCH VA 22042-5101

TEL: 360-486-9751 FAX:

FAX:

TEL: 703-681-1143 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$24,500,000

NAICS:

541611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HT001124R0042

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 10 Months Women's Health Support Svcs

FFP

Women’s Health Quality Improvement and Perinatal Support Services accordance with PWS dated 21 Aug 2024. Pricing shall include all costs associated with providing the service (refer to Attachment 2-Pricing Sheet).

FOB: Destination R408

NET AMT

1001 12 Months OPTION Women's Health Support Svcs

FFP

Women’s Health Quality Improvement and Perinatal Support Services accordance with PWS dated 21 Aug 2024. Pricing shall include all costs associated with providing the service (refer to Attachment 2-Pricing Sheet).

2001 12 Months OPTION Women's Health Support Svcs

FFP

Women’s Health Quality Improvement and Perinatal Support Services accordance with PWS dated 21 Aug 2024. Pricing shall include all costs associated with providing the service (refer to Attachment 2-Pricing Sheet).

3001 12 Months OPTION Women's Health Support Svcs

FFP

Women’s Health Quality Improvement and Perinatal Support Services accordance with PWS dated 21 Aug 2024. Pricing shall include all costs associated with providing the service (refer to Attachment 2-Pricing Sheet).

4001 12 Months OPTION Women's Health Support Svcs

FFP

Women’s Health Quality Improvement and Perinatal Support Services accordance with PWS dated 21 Aug 2024. Pricing shall include all costs associated with providing the service (refer to Attachment 2-Pricing Sheet).

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attch 1-PWS Women's

Health Improvement

36 18-SEP-2024

Attachment 2 Attch 2- Pricing Sheet Attachment 3 Attch 3- RFP

Attachment 4 Attch 4- CDRLs Portfolio

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-DEC-2024 TO

02-OCT-2025

N/A DEFENSE HEALTH AGENCY

JAMES MANLEY

MEDICAL AFFAIRS

7700 ARLINGTON BLVD

FALLS CHURCH VA 22042-5101

360-486-9751

HT0075

1001 POP 03-OCT-2025 TO

02-OCT-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 03-OCT-2026 TO

02-OCT-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 03-OCT-2027 TO

02-OCT-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 03-OCT-2028 TO

02-OCT-2029

N/A (SAME AS PREVIOUS LOCATION)

CLAUSE(S) 52.212-1, 52.212-2 - ADDENDUM TO FAR 52.212-1 / -2

Addendum to FAR 52.212-1

(b) Submission of proposals. This solicitation is being issued as a Total Small Business competitive requirement and solely for small business participants. The soliciting, receipt for proposals and information and evaluation will be performed in accordance with FAR Part 12 and Part 13 procedures. The Offeror’s initial offer should contain the offeror’s best terms from a technical and price standpoint. The Government has the right to seek information through clarifications or communications with the offerors. The Government also reserves the right to hold discussions or negotiations if the Contracting Officer finds it necessary to do so. The offeror shall submit its proposal in accordance with the instructions provided in this addendum. The proposal must adequately demonstrate the offeror’s ability to successfully perform the services being requested and must not rephrase or restate the Government’s requirements. Proposals that do not comply with the solicitation instructions may be rejected without consideration or evaluation.

Only one contract will be awarded as a result of this solicitation. Submit completed and signed SF1449 via email to Contract Specialist, Crystal Randolph at crystal.d.randolph.civ@health.mil and Contracting Officer, Cherish Young at cherish.d.young2.civ@health.mil at or before the exact time specified in Block 8 of the SF1449. Questions relating to this solicitation shall be submitted via email no later than 10 days from the date in Block 8. Late or follow-up questions will not be accepted or acknowledged after the deadline. Reference solicitation HT001124R0042 in the subject line of all correspondence. Responses to questions will be provided via an amendment to the solicitation.

Proposal Format and Content:

Proposal Format: The offeror’s proposal should be typed and saved as an Adobe PDF file, unless otherwise stated.

Font shall be 12-point Times New Roman (or similar font style) on an 8 ½” x 11” page with 1” margins, with the exception of tables and graphs, in which 10-point Times New Roman may be used. Each page is considered one single-sided 8 ½” x 11” page. Page limits are indicated for such submission element below and shall include all appendices and attachments unless otherwise stated.

Cover Letter: Submit a cover page providing the following information: Solicitation No., Company name and address, CAGE code, UIE, POC, telephone no., email address for authorized individuals (contract signing and technical) and business status.

Mandatory solicitation fill-in information (no page limit): Review the SF 1449 in its entirety and complete all clauses requiring offeror fill-ins. Submit a completed copy of the representations and certifications at FAR 52.212-3 with proposal and disclosures for Organizational Conflict of Interest (OCI) review and mitigation plan, if applicable.

Review the OCI provisions and clauses and submit the list of contracts/task orders and OCI mitigation plan and other documents as required by the OCI provisions and clauses in this solicitation by the proposal due date and time, if applicable.

Proposal Volumes:

Volume 1- Technical Capability (25 pages): No more than 25 Adobe PDF pages, including Appendices and Attachments. Any pages that exceed the defined page limit will not be evaluated. The technical proposal shall include a narrative of the offerors technical approach and a detailed description of the items being evaluated in compliance with the PWS and this solicitation. The technical proposal shall not include any past performance or pricing information.

The offeror shall describe, in a narrative format, its technical capability to meet the following PWS sections and subsections:

a. The offeror demonstrates an adequate approach to meeting the scope, objectives (Part 1) and specific tasks (Part 5) outlined in the PWS

b. The offeror demonstrates an adequate approach to staffing personnel for the scope of work required and include a staffing matrix/recruiting/retention plan that will meet the task objectives in PWS Part 5, to include Key Personnel mailto:crystal.d.randolph.civ@health.mil mailto:cherish.d.young2.civ@health.mil

c. The offeror illustrates its ability to obtain systems/databases necessary to complete the tasks in Part 5

d. The offeror illustrates its ability to perform and fully execute the deliverables outlined in Part 7

e. The offeror illustrates its ability to meet and fully execute the transition-in and out requirements

Volume 2- Past Performance References (3 pages): Offerors shall submit no more than three (3) references that illustrates its ability to perform the services being requested. The Government will review the submitted past performance in conjunction with information obtained from other Government sources, such as Past Performance Information Retrieval Systems (PPIRS), Contract Performance Assessment Report System (CPARS) and Federal Awardee Performance and Integrity Information System (FAPIIS).

References shall be recent (performed within the past 3yrs) and relevant (similar in scope, size, and quality of work) and include the contract#, contract type, dollar value, performance period, technical POC and contact information, relevant description of service provided and performance rating, if applicable. If no relevant past performance history is available, the offeror may affirmatively submit a statement in its cover letter.

Volume 3- Price (no page limits): Price proposals should include a narrative describing the methodology used to build up the total proposed price. Totals may be submitted by fill-in of the Contract Line Items (CLINS) 0001-4001 on the SF1449 OR utilizing the price sheet (Attachment 2) of this solicitation. Price proposals in PDF format are accepted but must be typed using the required proposal format. Price proposals shall include pricing for the term of the contract (10-month base, plus four, 12-month option periods). For evaluation purposes, pricing shall also include the six-month extension period at the same monthly unit price of the proposed fourth option period under FAR 52.217-8. NOTE: The Government has allocated Not-to-Exceed (NTE) plug-in value for all travel CLINS (Tab 1). All Material costs and NTE Travel are rolled into the overall FFP Women’s Health Services CLINs 0001-5001. Refer to Attachment 2 for plug-in amounts. Deviation from the plug-in amounts is not allowed.

The offeror shall insert associated direct costs items (Tab 3) in support of this effort. CLINS 0001, 1001, 2001, 3001 and 4001 should include all costs associated with providing the service, labor, and material costs. Level of Effort (LOE): The Government estimates that this acquisition will require an approximate LOE. Please note that the Government estimate is only put in place for offerors to ascertain the approximate LOE for this requirement. However, this is not to be construed as either mandatory or necessarily the best technical approach. It is primarily a reference to allow offerors to better understand the general scope of this effort. The Government is seeking the best LOE, and labor mix required to accomplish the working being requested.

Acknowledgement of Solicitation Amendments: Offeror must return a signed copy of all amendments issued under solicitation HT001124R0042 to crystal.d.randolph.civ@health.mil.

Joint Venture and Teaming Arrangements: If considering a joint-venture or teaming arrangement, the primary (proposing) offeror must demonstrate they will perform more than 50% of the resulting contract. Sufficient information shall be submitted with the proposal, such as a copy of the signed arrangement, i.e., documented affiliation, teaming agreement or joint venture.

Contract Award: Proposals will be evaluated in accordance with FAR 13.106-2, Evaluation of Quotations or Offers. The Government will conduct a comparative evaluation where offerors are compared to each other to select the contractor that is best suited and provides the best overall value to the Government. The Government intends to award a contract to the offeror whose proposal that is determined to be the most advantageous to the Government, with consideration of the evaluation factors listed in the Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services. The Government intends to award without discussions; however, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

mailto:crystal.d.randolph.civ@health.mil

(c) Period for acceptance of proposals. The respondent agrees to hold the prices in its proposal firm for 180 calendar days from the date specified for receipt of proposals.

(End of Addendum)

Addendum to FAR 52.212-2

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

Factor 1- Technical Capability Factor 2- Past Performance Factor 3- Price

Award of this contract will be made on a competitive best value basis using a Technical-Price Tradeoff methodology. All non-price factors (Technical and Past Performance) are more important than Price; however, Price is relevant. The Government may award to other than the lowest priced proposal or other than the highest rated technical proposal. Offerors must receive a rating of “Good” or “Acceptable” (Table A-1) in Factor 1 and a rating of “Acceptable” (Table A-3) in Factor 2 to be considered for award. A rating of “Unacceptable” under any Factor renders the proposal unacceptable and ineligible for award.

Factor 1-Technical Capability- The Government will evaluate technical proposals and assign a rating of “Good”.

“Acceptable” or “ Unacceptable”. The technical rating will be issued with consideration of strengths, weaknesses, significant weaknesses, and deficiencies in accordance with the DoD Source Selection Procedures (latest version).

The offeror must clearly state in its technical proposal how it intends to meet the requirements of the PWS and not reinstate the objectives and tasks. Offerors must understand that “parroting” the PWS with a statement of intent to perform does not reflect an understanding or capability to perform and is unacceptable.

Table A-1

The following definitions are provided in accordance with FAR 15.001 and the DoD Source Selection Procedures:

Strength: an aspect of an offeror's proposal with merit or will exceed specified performance or capability requirements to the advantage of the Government during contract performance.

Significant Weakness: a flaw that appreciably increases the risk of unsuccessful contract performance.

Weakness: a flaw in the proposal that increases the risk of unsuccessful contract performance.

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

The Government will evaluate the following criteria during the evaluation process to determine technical acceptability:

a. The offeror demonstrates an adequate approach to meeting the scope, objectives (Part 1) and specific tasks (Part 5) outlined in the PWS

RATINGS DESCRIPTIONS

GOOD The proposal demonstrates a thorough approach and understanding of the requirements and contains at least one strength.

ACCEPTABLE Proposal demonstrates and adequate approach and understanding of the requirement.

UNACCEPTABLE Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and is un-awardable.

b. The offeror demonstrates an adequate approach to staffing personnel for the scope of work required and include a staffing matrix/recruiting/retention plan that will meet the task objectives in PWS Part 5, to include Key Personnel

c. The offeror illustrates its ability to obtain systems/databases necessary to complete the tasks in Part 5

d. The offeror illustrates its ability to perform and fully execute the deliverables outlined in Part 7

e. The offeror illustrates its ability to meet and fully execute the transition-in and out requirements

Factor 2-Past Performance- Past Performance will result in an assessment of the offeror’s ability of meeting the past performance requirements. The assessment is based on the offeror’s record of recent (within the past 3yrs) and relevant (Table A-2) past performance as it pertains to the services outlined in the PWS. Once the recency requirements are met, the Government will evaluate for relevancy and quality of the services performed. A comparative assessment will not apply for past performance; therefore, past performance will be rated “Acceptable” or “Unacceptable” using the ratings in Table A-3.

Table A-2

RATINGS DESCRIPTIONS

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

NOT RELEVANT Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Table A-3

*NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be considered Neutral.

Factor 3- Price- Price proposals will not be adjectively rated. The basis will be the cumulative sum of all CLINS, Total Evaluated Price (TEP). The price proposal shall include the 10-month base period, plus four, 12-month option periods will be evaluated for fair and reasonableness. The TEP is the sum of all CLINS including the six-month extension period in accordance with FAR 52.217-8.

An offeror's submitted proposal is presumed to represent the offeror's best effort in response to the solicitation. Any inconsistency between the price proposal and non-price factors of the offeror's proposal, whether real or apparent, shall be explained in the proposal. Any significant inconsistency, if unexplained, may raise fundamental questions regarding the offeror's understanding of the nature and scope of the work required and maybe grounds for rejection of the proposal.

The Government will perform unbalanced pricing analysis on each offeror's proposal and may determine that an offeror’s price proposal is not awardable if the prices proposed are materially unbalanced. As detailed in FAR 15.404-l(g),unbalanced pricing exists when, despite an acceptable total evaluated price, one or more contract line items are significantly overstated or understated by the application of price analysis techniques. A proposal may be

RATINGS DESCRIPTIONS

ACCEPTABLE

Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort or the offeror’s performance record is unknown. (see note below)

NEUTRAL* The offeror’s performance record or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be assigned.

UNACCEPTABLE Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

rejected if the Contracting Off icer determines that the lack of balance poses an unacceptable risk to the Government.

(b) Options. The Government will evaluate its option to extend services in accordance with FAR clause 52.217-8, by adding six (6) months of the offeror's final option period price to the offeror's total price, to calculate the offerors total evaluated price. The Government is not obligated to exercise any option period and may, in the Government’s discretion, choose to exercise the extension period utilizing the price/rates of that current performance period.

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAY 2024 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-50 Combating Trafficking in Persons NOV 2021 52.224-2 Privacy Act APR 1984 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 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 52.237-3 Continuity Of Services JAN 1991 52.242-15 Stop-Work Order AUG 1989 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.215-7008 Only One Offer DEC 2022 252.223-7004 Drug Free Work Force SEP 1988 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(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 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.

(End of 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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

https://www.sam.gov/

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that…