M00318-21-Q-0015 Amend 0002 CC.pdf
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United States Marine Corps
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SEE ADDENDUM
( No Col lect Cal ls )
M0031821Q0015 12-May-2021
b. TELEPHONE NUMBER
808-257-4368
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 16 Jun 2021
5. SOLICITATION NUM BER 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 ACQUISI TION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
M003189. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORM ATION CALL:
a. NAM E
JESSICA A. PUGH
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRI NT)
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. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52. 212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRI ATION DATA
1. REQUISITION NUMBER
20.
ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDI TIONS 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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE
SET FORTH HEREIN, I S ACCEPTED AS TO I TEMS:
. YOUR OFFER ON SOLI CI TATION
28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN
% FOR:SET ASI DE:UNRESTRI CTED OR X
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILI TY
OFFEROR CODE
MCIPAC RCO-HI
BLDG 209 2ND ST
P. O. BOX 63063
KANEOHE BAY HI 96863-3063
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATI NG
CODE15. DELI VER TO CODE M 20021 16. ADMI NI STERED BY
12. DI SCOUNT TERMS11. DELI VERY FOR FOB DESTI NA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
M ARFORPAC ALD- C
CDR GLENN DIETRICK
PO BOX 64101
CAMP H.M . SM ITH HI 96861-4101
TEL: 808-477-4983 FAX:
808-257-2350FAX:
TEL: 808-257-3528
SERVI CE-DISABLED
VETERAN-OWNED
SMALL BUSI NESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$22,000,000
NAI CS:
541219
OFFER DATED
29. AW ARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY
COPI ES TO ISSUI NG OFFI CE. 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.
WOM EN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOM EN- OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF45
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTI TY IN COLUMN 21 HAS BEEN
RECEI VED I NSPECTED
32b. SIGNATURE OF AUTHORI ZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATI VE
32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATI VE
37. CHECK NUMBER
FI NALPARTI ALCOMPLETE
36. PAY MENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHI P NUMBER
PARTI AL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAI D BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TI TLE OF CERTIFYI NG OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/ MM/ DD) 42d. TOTAL CONTAI NERS
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.
M0031821Q0015
Section SF 1449 - CONTINUATION SHEET
CONTRACTOR QUESTIONS & ANSWERS
FINANCIAL MANAGEMENT SERVICES
QUESTIONS & ANSWERS
1. Page 18/44 of the RFQ lists the page count for Technical Subfactor 2 as 5 pages. However, no page limit is provided for Technical Subfactor 1. What is the page limit for Subfactor 1?
Answer: Technical Subfactor 1 shall be limited to five (5) pages. This change will be reflected in an upcoming RFQ Amendment.
2. Page 19/44 states: “Past performance will be found either acceptable or unacceptable based on information obtained from the Past Performance Information Retrieval System (PPIRS) for those services similar in size, scope and complexity to this acquisition performed within the last five (5) years preceding the date this request for quote (RFQ) was initially issued.” Should offerors interpret this to mean no other past performance can be submitted and that the only past performance that will be evaluated will be from PPIRS?
Answer: Refer to change to Addendum to FAR 52.212-2, Factor 3, Past Performance, in an upcoming RFQ Amendment.
3. Page 33/44 states: “The financial analyst shall meet the following criteria…” With the role being presented in the singular, should offerors interpret this to mean the level of effort is for one FTE?
Answer: No. Vendors shall submit quotes based on the performance requirement tasking as defined in the PWS. See amended PWS in an upcoming amendment to this solicitation.
4. Does the government have an expected level of effort / number of FTEs they desire for this contract? If not, does the government have historical data so offerors can determine an appropriate level of effort?
Answer: No, the Government does not have an expected number of FTEs for this requirement. This is a new requirement. No historical data exists. However, anticipated work hours are not expected to exceed 40 hours per week. Refer to amended PWS in an upcoming amendment to this solicitation.
5. Is this a new requirement or a recompete for an existing requirement? Or if there is a current or previous contractor who has performed similar services? If available, can you please send along the incumbent contract or task order number?
Answer: See Government’s response to Question #4.
6. Is the FTE requirement for the procurement one (1) Financial Analyst only?
Answer: See Government’s responses to Questions #3 and #4.
7. How can the travel be “Fixed Priced” when the Financial Analyst is traveling to different places?
Answer: Travel CLINs are cost CLINs. Contractors shall not populate costs for CLINS 0002, 1002, 2002, 3002, and 4002 in the SF1449. (FAR ADDENDUM 52.212-1 paragraph 6(a) states: “Costs for CLINs 0002, 1002, 2002, 3002, and 4002 will be based on actual cost incurred”. See upcoming amended RFQ.)
8. Will the government provide historical workload?
Answer: See Government’s response to Question #4.
9. As stated on page 33 Task B: Separate CLIN will be funded and added to the schedule per travel approval: will the Government provide a flat rate to this CLIN for evaluation purposes?
Answer: See Government’s response to Question #7.
10. As stated in Task 2 travel requirements “this position may require travel to Wings or MALS to provide on-site training: Will task 1 duty run simultaneously?
Answer: Yes, refer to revised PWS in upcoming Amendment to this solicitation.
11. How many past performances will be acceptable?
Answer: See Government’s response to Question #2. See amended language in RFQ Instructions/Evaluation for Past Performance in upcoming Amendment to this solicitation.
12. Does the Government have a preferred font and font size for the proposal?
Answer: Preferred font types are Times New Roman or Arial, 11-point size, single-spaced on 8 ½ x 11 inch electronic documents. Tables and illustrations may use a reduced font style but not less than 8 points. Margins shall be one inch on all sides. See amended Addendum to FAR 52.212-1, Instructions to Vendors, in upcoming Amendment to this solicitation.
13. Will the Government confirm that PDF, Word, and Excel format are acceptable?
Answer: PDF, Word, and Excel formats are acceptable. See amended Addendum to FAR 52.212-1, Instructions to Vendors, in upcoming Amendment to this solicitation.
14. Will the electronic submission have a file size limit?
Answer: Attachments shall be limited to 20MB. Total size of submission shall be limited to 150MB.
File page limitations are defined in the RFQ. Please identify how many attachments are included at the time of quote submission. Request confirmation of receipt. Do not submit zip files.
15. Will the Government disclose FTE hours historically used? (1880, 1920 or 1860?)
16. Section 24.0 Management Plan Section C: The narrative shall also demonstrate the techniques used to accommodate fluctuating workloads and staff for both expected and unexpected turn over. Does the Government anticipate a need for surge support for fluctuating workloads? If the government anticipates surge support will the government disclose historically the hours needed for surge support?
Answer: This reference to fluctuations and turnover are referring to the contractor’s manpower. The Government does not anticipate fluctuating or surge of support for this requirement.
17. 24.0 Management Plan Section B: to include contract manager requirements. Will there be a Contract Manager on site as a FTE or only during Phase-in?
Answer: The use of a “Contract Manager” during phase-in and during execution of the contract is at the discretion of each contractor.
18. How many full-time employees would be adequate for this contract?
19. Will the Government provide any clarification on the level of effort needed/expected in terms of full-time equivalents? We recognize this is lowest-price technically-acceptable work, but with the current RFP we are unable to determine the level of support needed.
Answer: This is not a LPTA RFQ. See Government’s responses to Questions #3 and #4.
20. Will the Government provide clarification on the requirements for the responses (Technical, Past Performance, and Pricing) in terms of formatting, page count, etc.? We noted a 5 page limit on the Management approach, but did not see any other page limit notes on the technical response. In addition, we did not see what information the Government is requesting in terms of Past Performance.
Answer: See Government’s responses to Questions #13, #2, and #12.
21. Can you provide a list of the respondents to the RFI?
Answer: The Government will not release the list of respondents.
22. How will the government determine which past performance efforts are similar in size, scope and complexity?
Answer: Refer to FAR 52.212-2 Addendum.
23. Please confirm that a candidate with over seven years of accounting experience would not need to have the bachelor’s degree.
Answer: The Government confirms that a candidate does not require a Bachelor’s Degree if they have a minimum of seven years of accounting experience.
24. Other than including the price information in the SF 1449, what are the additional instructions for the Price Proposal?
Answer: No other pricing information is required.
24. Because this is an FFP contract, and the contractor must assume all risk for delivering the required services, will the government please define the output required to satisfy “Task 1 ‐ Provide aviation‐related financial management”, Subtasks a. through o., on page 32 of M00318‐21‐Q‐0015?
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Financial Management Services
FFP
The contract shall provide Financial Management Services in support of US Marine Corps Pacific (MARFORPAC). Services shall be provided in accordance with all terms and conditions contained in the schedule contract, this order and all attachments as applicable.
FOB: Destination
PSC CD: R710
NET AMT
Travel
COST
All travel shall be in accordance with Joint travel Regulation (JTR). The Government shall direct and approve all travel prior to the contractor making arrangements and/or incurring any costs. If the contractor fails to adhere to the advanced approval requirements, the travel will not be reimbursed. Travel costs will be reimbursed based on actual costs incurred.
ESTIMATED COST
1001 6 Months OPTION Financial Management Services Option 1
FFP
The contract shall provide Financial Management Services in support of US Marine Corps Pacific (MARFORPAC). Services shall be provided in accordance with all terms and conditions contained in the schedule contract, this order and all attachments as applicable.
OPTION Travel Option 1
COST
All travel shall be in accordance with Joint travel Regulation (JTR). The Government shall direct and approve all travel prior to the contractor making arrangements and/or incurring any costs. If the contractor fails to adhere to the
2001 6 Months OPTION Financial Management Services Option 2
FFP
The contract shall provide Financial Management Services in support of US Marine Corps Pacific (MARFORPAC). Services shall be provided in accordance with all terms and conditions contained in the schedule contract, this order and all attachments as applicable.
OPTION Travel Option 2
COST
All travel shall be in accordance with Joint travel Regulation (JTR). The Government shall direct and approve all travel prior to the contractor making arrangements and/or incurring any costs. If the contractor fails to adhere to the
Reserved
FFP
COST
FFP
COST
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 N/A N/A N/A N/A 1001 Destination Government Destination Government 1002 N/A N/A N/A N/A 2001 Destination Government Destination Government 2002 N/A N/A N/A N/A 3001 N/A N/A N/A N/A 3002 N/A N/A N/A N/A 4001 N/A N/A N/A N/A 4002 N/A N/A N/A N/A
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-AUG-2021 TO
31-JUL-2022
N/A MARFORPAC ALD-C
CDR GLENN DIETRICK
PO BOX 64101
CAMP H.M. SMITH HI 96861-4101
808-477-4983
M20021
0002 N/A N/A N/A N/A
1001 POP 01-AUG-2022 TO
31-JAN-2023
N/A MARFORPAC ALD-C
CDR GLENN DIETRICK
PO BOX 64101
CAMP H.M. SMITH HI 96861-4101
808-477-4983
1002 N/A N/A N/A N/A
2001 POP 01-FEB-2023 TO
31-JUL-2023
N/A MARFORPAC ALD-C
CDR GLENN DIETRICK
PO BOX 64101
CAMP H.M. SMITH HI 96861-4101
808-477-4983
2002 N/A N/A N/A N/A
3001 N/A N/A N/A N/A
3002 N/A N/A N/A N/A
4001 N/A N/A N/A N/A
4002 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-13 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 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUN 2020
ADDENDUM 52.212-1
ADDENDUM TO FAR PROVISION 52.212-1 INSTRUCTIONS TO VENDORS
1. GENERAL INTENTION. Marine Corps Base Hawaii (MCBH) is issuing a Request for Quote (RFQ)
M00318-21-Q-0015 for the acquisition of Financial Management services for a period of one (1) base year and two (2) six-month options.
2. PROCUREMENT APPROACH. This commercial procurement is being conducted under FAR Part 12 and
FAR 13.5 as 100% Service Disabled Veteran Owned Small Business (SDVOSB) set-aside.
3. Vendors shall submit only one (1) quote in response to this RFQ. Therefore, the Vendor’s submission should demonstrate the optimal capability in response to the requirements. Quotes for the services to be provided shall be electronically submitted via email to jessica.pugh@usmc.mil by 2:00 p.m. HAWAII STANDARD TIME (HST), 16 June 2021. Quotes submitted by any other means will not be accepted.
4. All questions shall be submitted, in writing via e-mail, to Jessica Pugh at jessica.pugh@usmc.mil by
2:00 PM Hawaii Standard Time, 21 May 2021. The Government does not anticipate extending the due date for receipt of quotations, therefore, review the RFQ and these instructions thoroughly so all of your concerns/questions can be addressed. The vendor is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.
5. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov.
6. Vendors shall submit the following with their quotation:
a. Completed Standard Form 1449 for M00318-21-Q-0015. A completed and signed copy of the SF
1449 indicating agreement to the provisions and clauses therein. All unit prices shall be filled in as well as total prices for CLINs 0001, 1001, and 2001. Vendors shall not populate costs for Travel CLINs 0002, 1002, and 2002 in the SF1449. CLINS 3001, 3002, 4001 and 4002 are hereby deleted;
vendors shall not populate costs for these CLINS.
b. Vendors are only required to submit responses to FAR provisions 52.204-24 and 52.204-26 if the vendor has not completed the responses to these provisions on SAM.gov.
c. Technical Capability. Describe in detail how your company satisfies the technical factors and provide the below requested information per instructions below, ensuring to address each of the items included in the evaluation criteria, FAR 52.212-2 and addendum.
d. Reserved.
e. Acknowledgement of all solicitation amendments.
7. Failure to submit any of the information required by this solicitation may be deemed nonresponsive and be cause for removal from the competition.
8. Technical Capability:
The Technical volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. The Technical volume will be evaluated against the evaluation factors defined in Evaluation criteria. The Technical volume should not simply rephrase or restate the Government's requirements; the volume shall provide convincing rationale to address how the vendor intends to meet the Government’s requirements.
Statements such as “the vendor understands, can, or will comply with the PWS,” (including referenced publications, technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable and will negatively impact the vendor’s rating. vendors shall assume that the Government has no prior knowledge of their capabilities and experience, and will base its evaluation on the information presented in the vendor's Proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired. Technical Capability shall not include pricing information.
Acceptable formats are PDF, Word, and Excel.
Preferred font types are Times New Roman or Arial, 11-point size, single-spaced on 8 ½ x 11 inch electronic documents. Tables and illustrations may use a reduced font style but not less than 8 points. Margins shall be one inch on all sides.
(End of provision)
CLAUSES INCORPORATED BY REFERENCE
52.212-3 Alt I Offeror Representations and Certifications--Commercial
Items (FEB 2021) Alternate I
OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-27 (Dev) Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside (DEVIATION 2020-O0008).
MAR 2020
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
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
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.215-7008 Only One Offer JUL 2019 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
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a
Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.
(Deviation 2021-O0003)
APR 2021
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal 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. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) technical capability to meet the Government requirement; (ii) price; (iii) past performance.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
ADDENDUM TO FAR 52.212-2
EVALUATION – COMMERCIAL ITEMS
a. Basis of Award. The request for quotes uses streamlined simplified acquisition procedures pursuant to FAR Subpart 12.6 and FAR Subpart 13.5. The Government intends to award a firm fixed price contract resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation, meets the minimum requirements, and will be the most advantageous to the Government, price and other factors are considered. The following factors shall be used to evaluate vendors:
Factor 1 – Technical Capability Factor 2 – Price Factor 3 – Past Performance
Basis for award will be to the vendor with an acceptable technical rating and the lowest total evaluated price (TEP).
Past performance/responsibility determination will be conducted on apparent successful vendor only.
As set forth in FAR 52.212-1, the Government intends to evaluate quotes and award a contract without discussions with vendors. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
b. Evaluation Criteria. Vendors are required to submit the following factors in order to be considered for award.
The following factors shall be provided:
Factor 1 – Technical Capability Factor 2 – Price Factor 3 – Past Performance
Factor 1 – Technical Capability
The Government’s technical evaluation team will evaluate responses to determine if they are either technically acceptable or technically unacceptable (price excluded). In order to be considered technically acceptable, the vendor shall provide a narrative that demonstrates the vendor clearly understands the requirements for Financial Analyst services. Failure to meet the technical criteria will render the response to be technically unacceptable and will not be considered further for award.
Acceptable Based on the quote, all technical subfactors receive an acceptable rating.
Unacceptable Based on the quote, one, some or all technical subfactors received an unacceptable rating.
Technical Subfactor 1: Technical Capability Statement The narrative shall include as a minimum the following topics:
a. How the services will be managed to ensure successful execution of the work required in accordance with the Performance Work Statement (PWS).
b. A list of proposed labor categories and descriptions, to include Financial Analyst. The labor category descriptions shall articulate the qualifications, education levels, knowledge and expertise, background checks, clearances, and PWS tasks assigned.
Minimum standards for all necessary skill sets are included in PWS Section 4.2 special qualification details for key personnel.
c. This subfactor shall be no more than five (5) pages in length.
Acceptable Based on the quote, the vendor demonstrates their ability to meet PWS requirements with the submitted Technical Capability Statement, within the parameters listed in the evaluation criteria and/or the PWS as appropriate, technical subfactor 1 receives an acceptable rating.
Unacceptable Based on the quote, the vendor does not demonstrate their ability to meet PWS requirements with the submitted Technical Capability Statement, within the parameters listed in the evaluation criteria and/or the PWS as appropriate, technical subfactor 1 receives an unacceptable rating.
Technical Subfactor 2: Management Plan
a. The vendor shall provide a written Management Plan IAW PWS section 24 that fully demonstrates how the vendor is going to meet and manage the PWS requirements, processes and procedures.
b. For evaluation purposes only utilize 01 August 2021 as the contract start date.
c. The plan shall be no more than five (5) pages in length (this does not include any cover sheets or table of contents).
Acceptable Based on the quote, the Government determined the vendor is able to meet PWS requirements with the submitted Management Plan, technical subfactor 2 receives an acceptable rating.
Unacceptable Based on the quote, the Government determined the vendor did not demonstrate their ability to meet PWS requirements with the submitted Management Plan, technical subfactor 2 receives an unacceptable rating.
Factor 2 – Price
Only those vendors who receive a Factor 1 Technical Capability rating of “Acceptable” will be considered for price evaluation.
a. Price should be provided on the Standard Form (SF)1449. All amounts shall be rounded to the nearest hundredth decimal place. The lowest total evaluated price quote acceptable for award will be evaluated based on the combined total of the base year and all option periods. If competitive quotes are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness. The Government intends to evaluate quotes and award without discussions; therefore quotes should be the vendor’s best pricing. Regarding the calculation of pricing, please refer to FAR 52.212-2(b).
The vendor’s price submission, to include options, will be evaluated. The contractor’s prices for the base period and all options, to include the Federal Acquisition Regulation (FAR) Clause 52.217-8 Option to Extend Services, will be evaluated to include any discounts.
b. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding the vendor’s final six-month option period prices to the vendor's total price. Thus, the vendor's total evaluated price (TEP) for the purpose of evaluation ONLY will include the base period, all all option periods and the second option period pricing for the additional six months under 52.217-8, Option to Extend Services. Vendors are requiredshall only to price the base period and two (2) 6-month options.
Factor 3 – Past Performance
Past performance will be evaluated for the responsive, technically acceptable quote with the lowest TEP and will be evaluated on an acceptable/unacceptable basis. If that quote receives an acceptable Past Performance rating then that quote is considered the best value to the Government.
The past performance evaluation will determine if there is any unsatisfactory past performance for the type of services required under this acquisition. The past performance evaluation performed does not establish, create, or change the existing record and history of the vendor’s past performance. Past performance will be found either acceptable or unacceptable based on information obtained from the Past Performance Information Retrieval System (PPIRS) or as provided by the contractor for those services similar in size, scope and complexity to this acquisition performed within the last five (5) years preceding the date this request for quote (RFQ) was initially issued. Any less than satisfactory rating may be cause for an unacceptable rating.
If a vendor does not have a record of relevant past performance history, the vendor will not be evaluated favorably or unfavorably for its past performance record. Please note that previous Government contract experience is not required.
Acceptable Based on the vendor’s performance record, the Government has a reasonable expectation that the vendor will successfully perform the required effort, or the vendor’s performance record is unknown.
Unacceptable Based on the vendor’s performance record, the Government does not have a reasonable expectation that the vendor will be able to successfully perform the required effort.
A written notice of award or acceptance of a vendor, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the vendor, shall result in a binding contract without further action by either party. Before the vendor’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received after award.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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