IB08 - Solicitation W9124D23R0055 - FINAL.pdf
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- AG Services - Fort Knox, KY - SOLICITATION - AMENDED Federal contract opportunity
- Solicitation number
- W9124D23R0055
About this file
This is a solicitation for adjutant general support services at Fort Knox, Kentucky. The Department of the Army Materiel Command Mission and Installation Contracting Command is seeking proposals to provide routine human resources services, including potential overtime work and training travel. The base period of performance is two weeks for phase-in followed by eleven months for the base period, with four one-year option periods. Offerors must submit pricing for the base and all option periods. The solicitation establishes various contract line items for routine services, overtime if needed, approved travel expenses up to $10,000 per year, and potential expansion support. Proposals are due by August 3, 2023 and will be evaluated for technical acceptability and price. Award will be made to the responsible offeror providing the lowest priced technically acceptable proposal.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| IB08 PD2 Amendment - W9124D23R0055 0004 - AG Services - WD.pdf | ||
| IB08 Conformed Solicitation - W9124D23R0055 0003 - AG Services.pdf | ||
| IB08 FY 22 Workload (Production).xlsx | XLSX spreadsheet | |
| IB08 Monthly Status Report.xlsx | XLSX spreadsheet | |
| IB08 Amendment - W9124D23R0055 0003 - AG Services - Q-A.pdf | ||
| IB08 Amendment - W9124D23R0055-0002 - AG Services - Timeline.pdf | ||
| IB08 Final Decision - SBA No. NAICS-6237 (PUBLIC).pdf | ||
| IB08 Solicitation Amendment - W9124D23R0055-0001 - NAICS Appeal - Released.pdf | ||
| IB08 Notice and Order - SBA NAICS Appeal - Docket NAICS-2023-07-11-239.pdf |
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SEE ADDENDUM
(No Collect Calls)
W9124D23R0055 03-Jul-2023
b. TELEPHONE NUMBER
502-624-6859
8. OFFER DUE DATE/LOCAL TIME
11:00 AM 03 Aug 2023
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W9124D9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
TERRY D PHILLIPS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011873635
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 BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MISSION AND INSTALLATION CONTRACTING CMD
MICC FORT KNOX
BLDG 1109B STE 250
199 6TH AVE
FORT KNOX KY 40121-5720
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$12,500,000
NAICS:
561110
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)
PAGE 2 OF186
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
ADDENDUM TO FAR 52.212-1
Section SF 1449 - CONTINUATION SHEET
ADDENDUM TO FAR 52.212-1
Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021)
(m) Questions to this solicitation are due by e-mail to Terry Phillips at terry.d.phillips6.civ@army.mil and Samuel M. Henderson at samuel.m.henderson1.civ@army.mil on 18 July 2023 at 1:00 P.M. Eastern Time (Fort Knox, KY, Local Time) in order to allow a response prior to the proposal due date. Answers will be posted to SAM.gov. No remarks or written responses to questions by Government personnel shall change or qualify any of the terms or conditions of this Request for Proposal (RFP). This RFP can only be changed by formal written amendment issued by MICC – Fort Knox.
(n) Proposals are due by e-mail to Terry Phillips at terry.d.phillips6.civ@army.mil and Samuel
M. Henderson at samuel.m.henderson1.civ@army.mil in accordance with Block 8 of the solicitation (SF 1449) or as amended by the latest issued amendment. Submission time zone is Eastern Time (Fort Knox, KY, Local Time). Faxed or late quotes WILL NOT be accepted.
Proposals shall accompany a full and complete copy of this SF 1449 with all included pages.
Prospective contractors are reminded to fill out all portions of the SF 1449 to include the individual CLIN pricing. If a contractor does not intend to charge for a particular CLIN, they shall enter “$0.00” or “No Charge” in the pricing for that CLIN.
(o) Due to Government exchange size limitations, we cannot receive individual e-mails that exceed 10 MB, including the e-mail itself plus all attachments. If your electronic proposal, including all attachments, is larger than 10 MB, you shall segment your proposal into a series of two (2) or more separate e-mails that individually are no larger than 10 MB. We cannot receive e-mails if they contain compressed attachments. Our security software blocks these types of e-mails.
(p) Please note all dates are subject to change. All amendments to the solicitation will be posted to the SAM.gov website. Contractors are cautioned to check this website for amendments prior to the proposals submission due date and time.
(q) Offeror shall be registered in System for Award Management (SAM) website at https://www.sam.gov prior to receipt of the proposal to receive an award. Offerors are reminded that failure to comply “shall render their proposal as non-acceptable.” The NAICS code shall be on the Offerors System for Award Management profile https://www.sam.gov prior to receipt of proposal to receive an award. Offerors are reminded that failure to comply “shall render their proposal as non-complaint with the terms and conditions of the solicitation.”
GENERAL INSTRUCTIONS
1. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of the Offerors' proposals. These instructions are provided in order to ensure a complete and thorough evaluation of the Offerors’ proposals. The selection of a source for award purposes will be conducted utilizing Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiations and FAR Part 12, Acquisition of Commercial Items, and supplemented by the Defense Federal Acquisition Regulations Supplement (DFARS), and the Army Federal Acquisition Regulations Supplement (AFARS). The Government will evaluate offers using Addendum 52.212-2 Evaluation - Commercial Items for Award. Noncompliance with the Request for Proposal (RFP) requirements and evaluation criteria may hamper the
Government's ability to properly evaluate the proposal and cause the Offeror’s proposal to be determined noncompliant and may result in the elimination of the proposal from further consideration for contract award.
2. The Offer. The submission of the documentation specified in FAR 52.212-1 and the Addendum
52.212-1 will constitute the Offeror’s acceptance of the terms and conditions of the RFP, understanding, and concurrence with the Performance Work Statement (PWS), and contract type.
The Government intends to award a single contract as a result of this solicitation. Offers received for less than the stated number of items listed in the SF1449 will be considered nonresponsive and eliminated from consideration for the award. The Offeror’s initial proposal must contain the Offeror’s best terms from technical capability and cost or price standpoint. The Government may consider conducting limited exchanges if required in accordance with FAR 15.306 – Exchanges with Offerors after Receipt of Proposal. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If this occurs, a competitive range will be determined, and Offerors will be notified. The competitive range may be limited for purposes of efficiency IAW FAR Part 15.306(c)(2).
3. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of the necessary information to provide for the understanding and comprehensive evaluation of proposals.
4. If an Offeror believes that the requirements in these instructions contain errors, ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the KO and CS in writing with supporting rationale.
5. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one
(1) copy of all unsuccessful proposals. Unless the Offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.
6. All referenced documents (Technical Exhibits (TEs) and Attachments) for this solicitation are available on the website at https://sam.gov. Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation.
7. Pre-Award Debriefings of Offerors. The Contracting Officer (KO) will promptly notify Offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR 15.505 (Pre-award Debriefing of Offerors).
8. Post-Award Debriefings of Offerors. The KO will notify unsuccessful Offerors in the competitive range of the source selection decision in accordance with FAR 15.506 (Post-award Debriefing of Offerors). Upon such notification, unsuccessful Offerors may request and receive a post-award debriefing. Offerors desiring a debrief must make their request in accordance with the requirements of FAR 15.506.
PROPOSAL PREPARATION INSTRUCTIONS
1. Proposal Format.
a. Exceptions/Assumptions/Deviations. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors (FAR 52.212-2, Evaluation – Commercial). Failure to meet a requirement may result in an offer being ineligible for award. If the Offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify the applicable Volume and exceptions with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, (if any), on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or the specific part of the solicitation to which the exception is taken. Offerors are cautioned that taking an exception/assumption may render the offer ineligible for award. It is recommended that the Offeror contact the Contracting Officer immediately before solicitation closing upon identifying an area that may result in an exception/assumption.
This information shall be provided in the format below:
Table 1 – Solicitation Exceptions/ Assumptions Solicitation References
PG/PARA RQMT/Portion Rational & Impact
CLINs, PWS, FAR 52.212-1 (and Addendum), FAR 52.212- 2 (and Addendum), Technical Exhibits/Attachment s
Applicabl e page & paragraph numbers
Identify the requirement or portion to which exception/assumptio n is taken
Describe the rationale and impact of the exception/assumptio n
b. The proposal shall be organized into three (3) separate volumes. Each volume shall have a cover sheet clearly marked to identify the contents and shall be limited to the submission of the volumes to include a cover sheet stating the company’s name, address, telephone number, and Request for Proposal SF 1449. Digital copies shall be provided in Microsoft Word, PowerPoint, and/or Excel.
File names to be “Volume#, Company Name –Initial” for the first submission. The file name of later submissions (if discussions are held) shall be “Volume#, Company Name, Revision X (the number of the revision). All text shall be single-spaced, with black font on white paper (Black and white requirement does not apply to graphics and photos). Company stationery and logos are acceptable. The text for all volumes shall be easily readable (12-pitch type or 10 points proportional spacing). All submissions comply with the following conditions. The margins for the top, bottom, left and right must be 1 inch. The header and footer must be .05 inch and the paper size must be 8.5” by 11”. Cross-references shall be utilized to preclude unnecessary duplication of data between sections. See the table below:
Table 2 – Proposal Submission Volumes Title Factor Subfactor Number Of
Copies Page Limits
I General 1 electronic copy
N/A
II Factor 1 Technical Subfactor 1 Management Plan Subfactor 2 Staffing Plan Subfactor 3 Experience
1 electronic copy
Subfactor 1 - 35 pages Subfactor 2 - 25 pages Subfactor 3 - 15 pages
III Factor 3 Price 1 electronic copy N/A
a. Indexing. Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections.
b. Page Limit does not include covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. Pages will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted.
c. What Counts as a Page? A page shall be an 8 ½ X 11” sheet of paper. When both sides of a sheet display printed material, it shall be counted as two pages. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8 ½” X 11” sheet of paper.
Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The Contractor shall number each page in order to eliminate any confusion. In the event contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.
d. The Government will not accept any changes to the contractor’s proposal after the closing date of the solicitation (See FAR 15.208 for further information regarding late proposals). If discussions become necessary, page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the Offerors.
2. Proposal Content. Failure to follow the below Contract Proposal preparation instructions will cause your proposal to be deemed unacceptable by the Government.
Volume I – General: Submission Instructions. The General volume shall contain the information identified below and organized in the same order as listed. Offerors shall submit the following:
a. Cover Sheet. The Offeror shall provide a cover sheet containing the following:
Company’s name. Solicitation number.
The name, title, and telephone number of the company’s point of contact regarding decisions made concerning your proposal and who can obligate your company contractually.
Authorized Representative(s). The Offeror shall provide a letter signed by an officer of the company, on company letterhead, that states the name, title, and telephone number of the company/division point of contact regarding decisions made concerning your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.
b. Table of Contents
c. SF 1449. Complete and sign Standard Form (SF) 1449 (Solicitation, Contract/Order for Commercial Items). An executed SF 1449 requires the Offerors to complete blocks 12, 17a (block 17a must include company name, address, telephone number, Unique Entity Identifier (UEI ), Tax Identification Number, Commercial and Government Entity [CAGE] code, and email address), 17b, 30a, 30b, and 30c, as applicable. Offer must be complete, self- sufficient, and respond directly to the requirements of this solicitation.
d. Amendment(s) – if applicable. Complete and sign Standard Form 30, Amendment of Solicitation.
Acknowledge receipt of all Amendments (SF 30) issued since the original solicitation (SF 1449) issue date, if any. Acknowledgment is made by completing Blocks 8, 15a, 15b, and 15c and returning the signed amendment(s) as issued. Signed Amendment shall be returned to contracting at submission of proposals.
e. Services and Prices. This section shall be submitted on the SF 1449 fully completed and error-free. It shall contain the Offeror’s prices for the established Contract Line Items (CLINS). The Offerors shall submit a Unit Price and Total Amount for each CLIN. It is the Offeror’s responsibility to ensure the information entered into this section is accurate and complete. Prices shall be proposed in whole dollars only.
f. Representation, Certifications, and Other Statements of Offerors
(1) The Offeror shall provide a completed FAR Provision 52.212-3 (Offeror Representations and
Certifications Commercial Items). If an Offeror has completed the annual representations and certifications electronically via https://www.sam.gov/, the Offeror shall complete only paragraph
(b) of this provision. If an Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete paragraphs (c) through (v) of this provision.
Volume II – Factor 1. Technical: Submission Instructions. The Technical Volume shall be clear, concise, and include sufficient detail for effective evaluation and substantiating the validity of stated claims in the Offeror’s proposal. Legibility, clarity, and coherence are very important. Responses will be evaluated against the Technical Factors defined in Addendum to FAR 52.212-2, The Basis for Award and Evaluation Criteria. The evaluation will focus on whether the offeror’s proposal is either acceptable or unacceptable to meet the sub-factors below. The Technical volume shall contain the information identified below and organized in the order it is listed. Offerors shall submit the following:
a. Cover Sheet.
The Offeror shall provide a cover sheet containing the following:
- Company’s Name.
- Solicitation Number
- The name, title, and telephone number of the company’s point of contact regarding decision-making concerning your proposal and who can obligate your company contractually.
b. Table of Contents
Sub-Factor 1: Management Plan. Offerors shall provide a management plan to demonstrate an understanding of the requirement and the ability to successfully perform the required services. The offeror shall provide a narrative addressing specifically how the requirement of each and every part of the PWS will be met.
Sub-factor 2: Staffing Plan. The staffing plan must clearly depict the total number of hours and labor categories and shall not contain cost or price information. The plan shall include a narrative summary of qualifications of all key personnel in accordance with Paragraph 1.10.1 of the PWS. All cross utilization of personnel shall be clearly explained and depicted. Man-hour matrices shall be provided, depicting the proposed labor effort for core operations. Employees shall be identified as exempt or non-exempt. If non-exempt, offerors shall clearly identify the specific level and title of the labor category. For conformed positions, offerors shall explain the rationale for development of the position. The plan shall include a man-hour matrix depicting the proposed labor effort, to include proposed subcontracted efforts. The Offeror shall clearly identify the:
- Criteria matching all DOL labor categories of each position, and the rationale of how each position was determined. The Offeror shall provide current and relevant supporting documentation IAW the Department of Labor categories and descriptions to validate compliance with minimum DOL regulatory standards. The government will be incorporating the wage determination which applies to the requirement.
Sub-factor 3: Experience. The Offeror shall describe their relevant human resources experience. The description shall include information on contracts and/or subcontracts that clearly demonstrate experience in performing work similar in size, scope, and/or complexity to the requirements of the PWS. The Offeror shall submit a minimum of two (2) but no more than three (3) contract projects where the size, scope, and complexity are described as follows: Similar size, scope and/or complexity is considered working with soldiers and/or civilians, to include but not limited to; managing a team of at least 30 employees at the team, branch, and Project Management level, and including working with customers on a daily basis, relative to the specific requirements of the PWS. The proposal shall include rationale on how the effort is similar in size, scope, and/or complexity. The required experience should show at least 65% of the historical workload data listed in Technical Exhibit C to be considered relevant. This relevant human resource experience shall be used as an evaluation criterion in the contractor proposal.
Minimum Requirements: Contractor experience shall include:
Experience managing multiple requirements in a fast-paced environment.
Experience handling and managing Personal Identifiable Information (PII).
Experience utilizing automated human resource systems.
Experience handling records management.
Only experience within three (3) years prior to the date for receipt of proposals is considered relevant.
Experience of less than six (6) months duration is not considered relevant. The Offeror shall include experience data of its proposed subcontractors if the subcontractor is proposed to perform 10% or more of the services under this contract. Subcontractor experience may not be substituted for experience of the offeror in overall management of the project. An Offeror without relevant contract and/or subcontract experience may submit data on prior contracts involving work experience of proposed key management personnel and their role in such cited contract. The Offeror shall include letters of commitment for proposed key management personnel if such personnel are not currently employed by the offeror.
The Technical Factor shall receive one of the adjectival ratings defined below. The Sub-factor ratings will be used to determine an overall rating for the factor.
Table 3. Technical Acceptable/Unacceptable Ratings
Rating Description Acceptable The proposal clearly meets the minimum requirements of the solicitation.
Unacceptable The proposal does not clearly meet the minimum requirements of the solicitation.
Volume III – Factor 3. Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(b). Through these techniques the Government will determine whether prices are reasonable, complete, and balanced.
Offerors shall ensure that no pricing information is displayed in the Technical Volume; however, this restriction does not preclude the offeror from describing staff levels relevant to its proposal.
1. The offeror shall submit a price proposal for a two (2) week phase-in period, an eleven (11) month base period and four (4) one-year option periods. All final monetary extensions shall be in whole dollars only. The following numbers shall be included in the offeror’s proposal for CLINs (as estimated plug numbers) as follows:
Table 4 – Proposal CLIN Submission
CLIN Description Plug Number to include in proposal
0003 Overtime $20,000.00 0004 Training attendance Travel $10,000.00 0005 MFGI Expansion $ 0.00 1002 Overtime $20,000.00 1003 Training attendance Travel $10,000.00 1004 MFGI Expansion $ 0.00 2002 Overtime $20,000.00 2003 Training attendance Travel $10,000.00 2004 MFGI Expansion $ 0.00 3002 Overtime $20,000.00 3003 Training attendance Travel $10,000.00 3004 MFGI Expansion $ 0.00 4002 Overtime $20,000.00
4003 Training attendance Travel $10,000.00 4004 MFGI Expansion $0.00
(End of Provision)
ADDENDUM TO FAR 52.212-2
ADDENDUM TO FAR 52.212-2
The Basis for Award and Evaluation Criteria
A. Basis for Award
1. This is a Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and FAR Part 15, Contracting by Negotiation, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Award will be made to a single Offeror who is deemed responsible in accordance with the FAR, whose proposal conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the LPTA offer.
2. The Government anticipates adequate price competition for this commercial solicitation and will evaluate proposals in accordance with FAR 15.404 -1 Proposal Analysis Techniques, and instructions indicated in FAR Clause 52.212-1 (Instructions to Offerors – Commercial Items) and its addendum. Trade-offs between price and non-price factors are not permitted. Unbalanced, unreasonably high, inaccurate, or incomplete proposal prices may be grounds for eliminating a proposal from the competition either on the basis that the Offeror does not understand the requirement or that the Offeror has made an unreasonable proposal. Proposals that fail to meet the requirements set forth in FAR Clause 52.212-1 and its addendum will be rated as unacceptable.
3. Award for All of the Work. The Government intends to award a single contract as a result of this solicitation. Offers received for less than the stated number of items listed in this solicitation will be considered ineligible for award. The Government intends to evaluate proposals and award a contract without discussions with Offerors in accordance with FAR 52.215-1—Instruction to Offerors – Competitive Acquisition and Addendum to FAR 52.212- 1 – Instruction to Offerors – Commercial Items.
Therefore, the Offeror’s initial proposal must contain the Offeror’s best terms with regard to technical capability, and price. If required in accordance with FAR 15.306, the Government reserves the right to conduct discussions if the KO later determines discussions are necessary. In the event that discussions are held, a competitive range determination will be made. If the KO determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the KO may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
B. Evaluation Criteria
Evaluation criteria consist of factors and sub-factors. Proposals will be evaluated under three (3) evaluation factors for Technical, Past Performance, and Price. Three (3) sub-factors will be evaluated under the Technical Factor.
Technical sub-factors will each receive one (1) of the adjectival ratings defined below. The sub-factor ratings will be used to determine an overall rating for the parent factor, Technical Factor. If any of the sub-factors receive an unacceptable rating, then the parent factor will be rated unacceptable overall, and the Offeror’s proposal will not be considered for award.
The Technical Factors shall receive one of the adjectival ratings defined below. The Sub-factor ratings will be used to determine an overall rating for the factor.
Table 1. Technical Acceptable/Unacceptable Ratings
Rating Description Acceptable The proposal clearly meets the minimum requirements of the solicitation.
Unacceptable The proposal does not clearly meet the minimum requirements of the solicitation.
Factor 1: Technical Subfactor 1: Management Plan Subfactor 2: Staffing Plan Subfactor 3: Experience
W9124D23R0055
Factor 2: Past Performance Factor 3: Cost/Price
Volume II. Factor 1. Technical Factor. The Technical Factor evaluation provides an assessment of the Offeror’s capability to successfully satisfy the Government’s minimum requirements. When evaluating this factor, the Government assessment will focus on the Offeror’s ability to provide the services as identified in the Performance Work Statement (PWS) that demonstrate a capability to meet mission objectives. The Technical Capability statement evaluation factor will provide an assessment of the sub-factors set forth below.
Sub-Factor 1: Management Plan. In evaluating this subfactor, the government will assess the offeror’s approach to determine the extent to which it demonstrates an understanding of the organization, personnel, tools, and processes required to address challenges and issues. Proposals will be evaluated to determine whether the offeror’s approach, organization, management techniques, processes, controls, and personnel will meet requirements of the Performance Work Statement (PWS).
Sub-Factor 2: Staffing Plan. In evaluating this factor, the government will assess the offeror’s demonstration of understanding and capability of providing the scope of services required. Proposals will be evaluated on proposed management, labor mix, as well as proposed organizational structure to support the requirements stated in the PWS.
Proposals will be evaluated to assess experience of the key personnel and proposed labor categories and complies with the requirement and minimum qualifications as identified in PWS.
Sub-Factor 3: Experience. In evaluating this sub-factor, the Government will assess the offeror’s relevant contracts and subcontracts – a minimum of two (2) but no more than three (3) - within the last three years similar in size, scope, and complexity. Projects will be evaluated for relevancy of experience as identified in proposal submission requirements in Addendum to 52.212-1 above. Projects shall be evaluated to determine if relevant experience exists.
Factor 2. Past Performance. Contractors’ past performance reports, for any and all contracts within the past three (3) years, from CPARS.gov will be reviewed. Satisfactory or high ratings will receive acceptable rating. Marginal or lower ratings will receive unacceptable rating. Contractors with no CPARS experience will be rated acceptable.
Volume III. Factor 3. Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15.404-1(c). Through these techniques the Government will determine whether prices are reasonable, complete, and balanced. Unbalanced Pricing may be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess performance risks. Proposals that fail to meet the requirements set forth in FAR Clause 52.212-2, Evaluation Factors- Commercial Items, will be rated as unacceptable.
The Government will evaluate proposals for the award by adding the total price of the base period and all options.
As part of the price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8 Option to Extend Services) by adding one-half of the Offeror’s final option period price to the Offeror’s total price.
The Government will evaluate the total price by adding the base period, all option periods, and one-half of the final option period. The Government evaluation of option periods will not commit the Government to extend the term of the contract.
(End of provision)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 14 Days
MPD SERVICES PHASE IN
FFP
MPD SERVICES PHASE IN
PHASE-IN PERIOD FFP Contractor shall provide Adjutant General (AG) Support Services during the phase-in period in accordance with (IAW) the Performance Work Statement (PWS) included herein.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011873635
PSC CD: R499
NET AMT
0002 11 Months
MPD SERVICES BASE ROUTINE
FFP
MPD SERVICES BASE ROUTINE
Contractor shall provide routine services in accordance with the PWS provided herein.
FOB: Destination
0003 1 Job
MPD SERVICES BASE OVERTIME
FFP
MPD SERVICES BASE OVERTIME
Contractor shall provide routine services during overtime hours, if required, In accordance with the PWS provided herein.
FOB: Destination
0004 1 Job
MPD SERVICES BASE TRAINING
FFP
MPD SERVICES BASE TRAINING
Approved Travel in support of PWS. Travel will be reimbursed at actual costs incurred only at the Not-To-Exceed (NTE) amount of $10,000.00. No fee is allowed. The Contractor shall receive the Contracting Officer’s approval (or Contracting Officer Representative (COR) if delegated), prior to conducting any travel. The travel costs incurred for lodging, meals, and incidental expenses (as defined in the regulations) shall be considered reasonable and allowable only to the extent that they do not exceed the amounts allowed in accordance with FAR 31.205-46(a)(2). When submitting invoices for this CLIN, the Contractor shall provide documentation, such as actual receipts, supporting the actual travel costs incurred.
FOB: Destination
0005 1 Job
MPD SERVICES BASE MFGI EXPANSION
FFP
MPD SERVICES BASE MFGI EXPANSION
If required, the contractor shall provide AG Support Services for Mobilization Force Generation Installation (MFGI) in accordance with the PWS provided herein. (To be negotiated as needed).
FOB: Destination
1001 12 Months
OPTION MPD SERVICES OY 1 ROUTINE
FFP
MPD SERVICES OY 1 ROUTINE
Contractor shall provide routine services in accordance with the PWS provided herein.
FOB: Destination
1002 1 Job
OPTION MPD SERVICES OY 1 OVERTIME
FFP
MPD SERVICES OY 1 OVERTIME
Contractor shall provide routine services during overtime hours, if required, In accordance with the PWS provided herein.
FOB: Destination
1003 1 Job
OPTION MPD SERVICES OY 1 TRAINING
FFP
MPD SERVICES OY 1 TRAINING
Approved Travel in support of PWS. Travel will be reimbursed at actual costs incurred only at the Not-To-Exceed (NTE) amount of $10,000.00. No fee is allowed. The Contractor shall receive the Contracting Officer’s approval (or Contracting Officer Representative (COR) if delegated), prior to conducting any travel. The travel costs incurred for lodging, meals, and incidental expenses (as defined in the regulations) shall be considered reasonable and allowable only to the extent that they do not exceed the amounts allowed in accordance with FAR 31.205-46(a)(2). When submitting invoices for this CLIN, the Contractor shall provide documentation, such as actual receipts, supporting the actual travel costs incurred.
FOB: Destination
1004 1 Job
OPTION MPD SERVICES OY 1 MFGI EXPANSION
FFP
MPD SERVICES OY 1 MFGI EXPANSION
If required, the contractor shall provide AG Support Services for Mobilization Force Generation Installation (MFGI) in accordance with the PWS provided herein. (To be negotiated as needed).
FOB: Destination
2001 12 Months
OPTION MPD SERVICES OY 2 ROUTINE
FFP
MPD SERVICES OY 2 ROUTINE
Contractor shall provide routine services in accordance with the PWS provided herein.
FOB: Destination
2002 1 Job
OPTION MPD SERVICES OY 2 OVERTIME
FFP
MPD SERVICES OY 2 OVERTIME
Contractor shall provide routine services during overtime hours, if required, In accordance with the PWS provided herein.
FOB: Destination
2003 1 Job
OPTION MPD SERVICES OY 2 TRAINING
FFP
MPD SERVICES OY 2 TRAINING
Approved Travel in support of PWS. Travel will be reimbursed at actual costs incurred only at the Not-To-Exceed (NTE) amount of $10,000.00. No fee is allowed. The Contractor shall receive the Contracting Officer’s approval (or Contracting Officer Representative (COR) if delegated), prior to conducting any travel. The travel costs incurred for lodging, meals, and incidental expenses (as defined in the regulations) shall be considered reasonable and allowable only to the extent that they do not exceed the amounts allowed in accordance with FAR 31.205-46(a)(2). When submitting invoices for this CLIN, the Contractor shall provide documentation, such as actual receipts, supporting the actual travel costs incurred.
FOB: Destination
2004 1 Job
OPTION MPD SERVICES OY 2 MFGI EXPANSION
FFP
MPD SERVICES OY 2 MFGI EXPANSION
If required, the contractor shall provide AG Support Services for Mobilization Force Generation Installation (MFGI) in accordance with the PWS provided herein. (To be negotiated as needed).
FOB: Destination
3001 12 Months
OPTION MPD SERVICES OY 3 ROUTINE
FFP
MPD SERVICES OY 3 ROUTINE
Contractor shall provide routine services in accordance with the PWS provided herein.
FOB: Destination
3002 1 Job
OPTION MPD SERVICES OY 3 OVERTIME
FFP
MPD SERVICES OY 3 OVERTIME
Contractor shall provide routine services during overtime hours, if required, In accordance with the PWS provided herein.
FOB: Destination
3003 1 Job
OPTION MPD SERVICES OY 3 TRAINING
FFP
MPD SERVICES OY 3 TRAINING
Approved Travel in support of PWS. Travel will be reimbursed at actual costs incurred only at the Not-To-Exceed (NTE) amount of $10,000.00. No fee is allowed. The Contractor shall receive the Contracting Officer’s approval (or Contracting Officer Representative (COR) if delegated), prior to conducting any travel. The travel costs incurred for lodging, meals, and incidental expenses (as defined in the regulations) shall be considered reasonable and allowable only to the extent that they do not exceed the amounts allowed in accordance with FAR 31.205-46(a)(2). When submitting invoices for this CLIN, the Contractor shall provide documentation, such as actual receipts, supporting the actual travel costs incurred.
FOB: Destination
3004 1 Job
OPTION MPD SERVICES OY 3 MFGI EXPANSION
FFP
MPD SERVICES OY 3 MFGI EXPANSION
If required, the contractor shall provide AG Support Services for Mobilization Force Generation Installation (MFGI) in accordance with the PWS provided herein. (To be negotiated as needed).
FOB: Destination
4001 12 Months
OPTION MPD SERVICES OY 4 ROUTINE
FFP
MPD SERVICES OY 4 ROUTINE
Contractor shall provide routine services in accordance with the PWS provided herein.
FOB: Destination
4002 1 Job
OPTION MPD SERVICES OY 4 OVERTIME
FFP
MPD SERVICES OY 4 OVERTIME
Contractor shall provide routine services during overtime hours, if required, In accordance with the PWS provided herein.
FOB: Destination
4003 1 Job
OPTION MPD SERVICES OY 4 TRAINING
FFP
MPD SERVICES OY 4 TRAINING
Approved Travel in support of PWS. Travel will be reimbursed at actual costs incurred only at the Not-To-Exceed (NTE) amount of $10,000.00. No fee is allowed. The Contractor shall receive the Contracting Officer’s approval (or Contracting Officer Representative (COR) if delegated), prior to conducting any travel. The travel costs incurred for lodging, meals, and incidental expenses (as defined in the regulations) shall be considered reasonable and allowable only to the extent that they do not exceed the amounts allowed in accordance with FAR 31.205-46(a)(2). When submitting invoices for this CLIN, the Contractor shall provide documentation, such as actual receipts, supporting the actual travel costs incurred.
FOB: Destination
4004 1 Job
OPTION MPD SERVICES OY 4 MFGI EXPANSION
FFP
MPD SERVICES OY 4 MFGI EXPANSION
If required, the contractor shall provide AG Support Services for Mobilization Force Generation Installation (MFGI) in accordance with the PWS provided herein. (To be negotiated as needed).
FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 15-NOV-2023 TO
28-NOV-2023
N/A MARK ROGERS
W6CD USAG FT KNOX
CRP BLDG 2803 MOTOR PARK ROAD
FORT KNOX KY 40121
502-624-8638 FOB: Destination
W911AR
0002 POP 29-NOV-2023 TO
28-NOV-2024
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 29-NOV-2023 TO
N/A N/A
0004 POP 29-NOV-2023 TO
0005 POP 29-NOV-2023 TO
1001 POP 29-NOV-2024 TO
28-NOV-2025
N/A MARK ROGERS
W6CD USAG FT KNOX
CRP BLDG 2803 MOTOR PARK ROAD
FORT KNOX KY 40121
502-624-8638
1002 POP 29-NOV-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 29-NOV-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 29-NOV-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 29-NOV-2025 TO
28-NOV-2026
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 29-NOV-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 29-NOV-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 29-NOV-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 29-NOV-2026 TO
28-NOV-2027
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 29-NOV-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 29-NOV-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 29-NOV-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 29-NOV-2027 TO
28-NOV-2028
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 29-NOV-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 29-NOV-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 29-NOV-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
MAR 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991
52.242-13 Bankruptcy JUL 1995 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
JAN 2023
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
252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
JAN 2023
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors
JAN 2023
252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
AUG 2022
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Certification
DEC 2022
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JAN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
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.
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