M3361022Q00150001 CONFORM.docx

M3361022Q0015

Section SF 1449 - CONTINUATION SHEET

Portable Toilet Delivery

FFP

This includes delivery, placement in designated location, and once services are completed pick up of portable toilets.

Locations include: Marine Corps Mountain Warfare Training Center (MCMWTC) base, MCMWTC training areas, base housing, and Hawthorne Army Depot (HAWD).

See the performance work statement (PWS) for details.

FOB: Destination

PSC CD: W085

NET AMT

Portable Toilet Rental

Monthly fee per portable toilet while in use.

Locations include: MCMWTC base, MCMWTC training areas, base housing, and Hawthorne Army Depot (HAWD).

See the PWS for details.

NET AMT

Portable Toilet Cleaning

Cleaning of portable toilets one to two times a week depending on use. Locations include: MCMWTC base, MCMWTC training areas, base housing, and Hawthorne Army Depot (HAWD).

See the PWS for details.

NET AMT

Portable Toilet Placement

Fee for portable toilets damaged beyond repair and must be replaced.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2023

S-4

BLDG 7047

HC 83 BOX 1

BRIDGEPORT CA 93517

760-932-1484

M33610

30-SEP-2023

M33610

30-SEP-2023

M33610

30-SEP-2023

M33610

CLIN MINIMUM/MAXIMUM

CLIN DELIVERY/TASK ORDER MINMX

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

PWS

PERFORMANCE WORK STATEMENT

1. BACKGROUND

This requirement is for a contractor to place, clean and sanitize, and remove portable toilets in established areas aboard Marine Corps Mountain Warfare Training Center (MCMWTC), Bridgeport, CA. This service is required during exercises and operations that take Place at MCMWTC.

2. LOCATIONS

MCMWTC on California highway 108 (Sonora pass), four miles west of California Highway 395, the training areas covering National Forest land surrounding MCMWTC, base housing located in Coleville, CA and Rocket Mountain located at Hawthorne Army Depot in Hawthorne, NV.

3. SCOPE OF WORK:

Requirements: The contractor shall furnish all labor, supervision, tools, materials, vehicles, equipment, transportation, and other items necessary for performance. Portable toilets will be provided by the contractor for placement at various locations at MCMWTC, Base Housing, and/or Hawthorne Army Depot over dirt roads where the maximum speed limit is 15 mph. It is common to have around (10) portable toilets stored in the fenced-in lot behind the Waste Water Treatment Plant (WWTP) to replace unserviceable units or when additional units are needed. Hawthorne Army Depot will not require more than (4) portable toilets at any given time and not need to be serviced more than once a week at any time throughout the contract period. The minimum number of portable toilets to be serviced will be (2) and the maximum number will be (65) for any given task order. The ratio of usage is one chemical toilet per (25) service members.

3.1 A Task Order (TO) with schedule will be issued for specified periods of performance. Will dictate length of service in weeks with beginning and end date, the number of portable toilets to be placed and serviced, the placement locations for the portable toilets, and the number of times per week that the portable toilets must be serviced.

The location of each portable toilet will be provided via:

6 grid coordinate (Latitude/Longitude).

Escort to the training location.

Within 15 to 30 feet of designated Forest Service vehicle traffic road.

The Authorized Escort for the period of service will be determined in each Task Order.

3.2 The contractor is responsible for placing all portable toilets in the locations designated in the individual task order, requiring movement to various locations (Maximum of 25 miles over unimproved roads). The contractor is also responsible for transporting all portable toilets back to the contractor’s storage lot upon completion of the individual service requirement. The vehicles used in each transport evolution will be contractor provided.

3.3 Based on activities in each location, more frequent cleaning may be required and will be specified in the task order. The MCMWTC training areas are within U.S. Forest Service areas and are not accessible by vehicles during periods of heavy snow accumulation. This may result in the contractor having to adjust pick-up and delivery schedules accordingly. During the off peak season, from November to April, service requirements will be less, around (25) portable toilets will need to be serviced on MCMWTC base, base housing in Coleville, CA, and training areas.

3.4 Each service will be in accordance with standard commercial practices, in compliance with prescribed Federal, State, and local regulations, and will include at a minimum:

Removal of all waste (including human waste, toilet paper, and any trash or debris) Restock of toilet paper (minimum 4 rolls per chemical toilet) Replacement of de-scent Cleaning and sanitizing Refilling of waterless, antibacterial hand sanitizer

3.5 The contractor is responsible for all damage to Government property caused by contractor equipment during the servicing process. It is the contractor’s responsibility to inspect the portable toilets for trash, debris, or other miscellaneous items that could damage land and/or equipment. The contractor must correct all damage through repair or replacement to the satisfaction of the Government. Repairs or replacement of unserviceable units shall be made within twenty four (24) hours of discovery by the contractor’s personnel or notification by the Government.

3.6 In the event that the contactor is unable to complete scheduled services due to mechanical failure or adverse weather, the contractor will be required to complete any and all remaining services the following day or next available opportunity when weather permits to prevent unsanitary conditions from developing.

3.7 The contractor shall transport all waste removed from the portable toilets to the WWTP in the Lower Base Camp (LBC) of the MCMWTC. The required dumping/offload compatibility requirements for the WWTP plant at the MCMWTC LBC requires the standard hose system for dumping. It is the responsibility of the contractor to bring the necessary equipment required for dumping/offloading at the WWTP plant. The contractor shall adhere to all Federal, State, and local regulations governing the disposal of such waste.

3.8 The contractor is responsible for preventing any environmental hazards during performance under this contract. Any spills or leaks of hazardous materials are the responsibility of the contractor and shall be immediately contained and mitigated to prevent environmental damage or threat to personnel safety. In the event of a spill or unauthorized discharge, the contractor shall immediately notify the COR, who will notify MCMWTC Environmental personnel. Failure to make required notification may result in contract termination.

3.9 Garbage and Debris Requirement. Garbage and/or debris from sites other than the MCMWTC shall not be placed in Government trash receptacles.

3.10 The Government will provide a secure fenced outside space near the WWTP for the storage of portable toilets.

3.11.1 Performance requires the contractor to deliver, relocate, and maintain portable toilets in rough terrain or unpaved areas. Therefore, delivery and servicing of equipment at these areas will require the contractor to use heavy duty four wheel drive (4WD) vehicles. The contractor is responsible for repairing/towing any vehicles that become inoperable during performance. The Government will not provide tow vehicles or mechanics. Upon placement of toilets, the contractor shall annotate on the service sticker the date on which the toilet was placed.

3.11.2 Pick-up and delivery charges shall be one set price that includes all costs associated with pick-up and delivery. Delivery charges may be billed after delivery has been performed, regardless when pick-up will occur.

3.11.3 The relocation charge is a one-time charge to move a standard toilet from one training area to another training area.

4.0 Hours of Operation. The Government’s normal work hours are from 0730-1630 (7:30 A.M. – 4:30 P.M.) Monday through Friday excluding Federal holidays. In the event of an emergency, the contractor may be required to perform services on a non-working day at no additional cost to the Government. All or a portion of the effort under this service contract will be performed on Government property. For the purposes of scheduling personnel, the Contractor is hereby advised that the Government installation will observe the following Federal holidays and that access to the installation may be restricted. In the event any of the below Federal holidays occur on a Saturday or Sunday, then the Federal holiday will be observed in accordance with the practices of the Government installations.

New Year’s Day, January 1st Birthday of Martin Luther King, Jr. 3rd Monday in January President’s Day, 3rd Monday in February Memorial Day, 4th Monday in May Independence Day, 4th of July Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veterans Day, November 11th Thanksgiving, 3rd Thursday in November Christmas Day, December 25th

4.1 Requiring Activity:

MCMWTC S-4 Logistics Division

HC 83 BLDG 7047

Bridgeport, Ca 93517

4.2 MCMWTC Designated Representative

The COR for this contract is the program manager. The COR will serve as the technical representative and will provide technical clarification and assistance in support of the contract requirements. The COR does not have the authority to make changes or give direction that is not specifically stated in this contract. The contracting officer is the only authority under this contract who is authorized to make any changes or provide monetary adjustments.

4.3 SECURITY

4.3.1 Vehicle passes are required and must be obtained to access MCMWTC. The current procedure is that vehicle pass issuance is per person, per vehicle and is determined by the Provost Marshall’s Office (PMO). To establish vehicle pass eligibility, the contractor shall contact the designated Government Representative assigned for the service time period of the contract. Installation access control requirements may change during the course of performance under this contract, and these changes shall not constitute grounds for contractor claim or equitable adjustment.

4.3.2 All contractor personnel performing work under this contract who require access to military installations shall obtain personal entry and vehicle passes from the PMO, MCMWTC, Bridgeport CA. The contractor is responsible for providing information required to obtain clearances, permits, passes or security badges required for contractor personnel or equipment access. This includes information required for police or background checks or investigations and all other requirements of the issuing activity. Failure to provide this information for employees may result in an inability to access the base. Such failure does not excuse performance under this contract, and inability to obtain passes shall not constitute grounds for contractor claim or equitable adjustment.

4.3.3 The contractor is responsible for ensuring any and all clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a task order, or termination of a contract or subcontract.

4.3.4 The Commanding General or Commanding Officer of each base has broad authority to remove or exclude any person from the respective base in fulfilling his or her responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding General may refuse to grant personal entry passes or may bar Contractor employees, including employees who have been granted a personal entry pass. Refusal to grant an employee a personal entry pass or barring of an employee does not relieve the Contractor of the responsibility to continue performance under this contract.

4.3.5 The Contractor’s employees shall observe and comply with all MCMWTC Bridgeport Base rules and regulations applicable to contractor personnel, particularly those applicable to the safe operation of vehicles, and shall not be present in locations not required for the performance of this contract.

4.4 Contractor personnel and equipment entering a military installation are subject to 100% security checks. Contractor personnel shall follow any direction given by military police or other security or safety personnel. In compliance with the above, the contractor must be prepared to provide proof of the follow:

A valid driver’s license Proof of Vehicle Insurance Current Vehicle Registration Knowledge of the contract number they are performing under

5.0 QUALITY CONTROL

The contractor shall develop and maintain a Quality Control Plan (QCP). The contractor’s QCP shall have, as a minimum, a description of the inspection process used to ensure all services under this contract will be met, frequency of inspections, and follow up measures intended to improve service.

6.0 QUALITY ASSURANCE

The Government will evaluate the contractor’s performance based on periodic inspection of end results, customer feedback/complaints, and by on-site visits to the contractor facility by the COR to observe the contractor’s quality control in action. Government personnel will not interfere with contractor’s performance during site visits.

7.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

The performance standards for this PWS are stated in the PRS below.

Stakeholder Outcome

PWS

Sect

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.212-1 ADDENDUM

AADDENDUM 52.212-1

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

Offers shall be complete, include a Cover Sheet, & Teaming Arrangement/Joint Venture Documentation (If Applicable) and be organized into the following parts: Volume I – Price Proposal, Volume II – Technical Proposal, Volume III – Past Performance, at a minimum, offers must include the following to be eligible for award:

1. Cover Sheet with the following information:

1.1 Time specified in the solicitation for receipt of offers: Tuesday, October 11, 12:00 PM PST.

1.2 Company name;

1.3 Company address and remit to address if different than mailing address;

1.4 Company telephone number;

1.5 Company e-mail address;

1.6 Company point of contact(s);

1.7 SAM registration expiration date; A

1.8 CAGE code;

1.9 DUNS number;

1.10 Registration confirmation for NAICS code 221210;

1.11 Acknowledge Solicitation Amendments if any;

2. Volume I: Price Proposal and any discount terms with the following information:

2.1 Submit the Standard Form (SF) 1449, with blocks 12, 17a and b, and 30a. through c. completed with an original, authorized signature and the appropriate blocks of the Contract Clauses section filled-in;

2.2 Offerors shall submit pricing on the CLIN Schedule of the SF1499 solicitation.

2.3 Submit a copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)(2) for those representations and certifications that the offeror shall complete electronically); and

2.4 Submit all pages of each solicitation amendment(s) (SF 30) with the original solicitation documents, signed by the same official authorized to sign the SF 1449.

2.5 Pricing shall be included by annotating the unit price under each CLIN/SLIN respectively.

3. Volume II: Technical Proposals shall include the following two (2) parts: (1) Technical Approach and, (2) Quality Assurance Plan. Do not repeat the PWS or state general comments such as “Standard Procedures will be employed” within your technical proposal. Submit your technical proposal with the following information.

3.1 Part 1: Technical Approach

3.1.1 Include a narrative on how offeror plans to meet the performance objectives and submit the deliverables required by the PWS.

3.2 Part 3: Quality Assurance Plan IAW PWS. See paragraph 11 of the PWS.

4. Volume III: Past Performance Proposal with the following information:

4.1 Submit a list of no more than three (3) recent and relevant contracts performed for Federal agencies or commercial customers as a prime contractor that demonstrates the ability to successfully perform the scope and breadth of the requirements as described in the PWS for this solicitation. If you intend to use subcontractors, the Past Performance submitted, to include subcontractor, must meet the criteria listed herein.

4.1.1 RECENT. The definition of recent as related to this solicitation includes performance within the last three years from the issue date of this solicitation;

4.1.2 RELEVANCE. Offerors shall identify what elements of each contract are deemed relevant to this solicitation. Definitions of relevancy are as follows:

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

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

4.2 Submit the following information for each contract submitted for past performance evaluation:

4.2.1 Company/Division name;

4.2.2 Product/Service;

4.2.3 Contracting Agency/Customer;

4.2.4 Contract Number;

4.2.5 Contract Dollar Value;

4.2.6 Period of Performance;

4.2.7 Verified, up-to-date name, address, e-mail address, telephone number of the Government evaluator, contracting officer or customer POC responsible for procuring your services;

4.2.8 Comments regarding compliance with contract terms and conditions; and

4.2.9 Comments regarding any known performance deemed unacceptable by the customer, or not in accordance with the contract terms and conditions, the resolution(s) implemented and results.

5. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors; failure to meet a requirement of the solicitation may result in a quote being deemed non-responsive and excluded from consideration for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale;

6. Documents submitted in response to this solicitation must be fully responsive to, and consistent with,:

6.1 Requirements of this solicitation, Government standards and regulations;

6.2 Evaluation Factors for Award;

7. All questions must be submitted by Monday, September 10, 2022, 12:00 PM PST.

8. All proposals are to be submitted with Times New Roman font, with a 10 point font size, 1 inch margin.

9. Each submitted quote shall not exceed twenty (20) pages in addition to the required signed copy of the SF1449 and all applicable amendments. The following items shall not count against the total volume page count: one (1) page cover sheet, one (1) page cover letter, one (1) page for a table of contents.

Addendum to 52.212-1(e), Multiple offers. This paragraph is deleted for this solicitation and marked “reserved.”

All of the time and date references for receipt of offers in this addendum shall be superseded by any subsequent solicitation amendments that extend the time and date for receipt of offers.

The Government reserves the right to award no contract at all depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate proposals and award a single contract without requesting or accepting revised proposals. Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the proposals and hold discussions.

All proposals are to be submitted electronically as a PDF document to kyle.greene@usmc.mil.

FAXED PROPOSALS WILL NOT BE ACCEPTED

For proposals delivered by hand, offerors are advised that entry to the installation is restricted, and offerors are directed to familiarize themselves with the entry control location and process. Entry processing time is unpredictable and can be lengthy. The addressee indicated above may be able to facilitate entry processing, but is not required to do so, and inability to gain access shall not excuse late delivery.

If proposals are submitted in different formats requiring different delivery methods, the proposal of record shall be the last complete version received prior to the deadline.

For email proposals, the Government office designated for receipt of the proposal is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(f) or FAR 52.215-1(c)(3), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government’s control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 2MB. Offerors are specifically warned that email may be subjected to spam filters or attachment stripping.

All transmissions must clearly state the solicitation number and the name of the contracting officer on the first page to ensure proper receipt.

Attention is directed to FAR 52.212-1(f), concerning late submissions. Offerors are responsible for allowing adequate time for transmission to be completed. The offeror bears the risk of non-receipt of transmissions, and should ensure that all pages of the proposal (and any authorized modifications) have been received by the designated office before the deadline indicated. Pages of a transmission that arrive after the deadline will not be considered.

(End of provision addendum)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation 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,

(ii) price,

(iii) past performance.

(b) A written notice of award or acceptance of a proposal, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the proposal, shall result in a binding contract without further action by either party. Before the offeror’s specified expiration time, the Government may accept a proposal (or part of a proposal), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-2 ADDENDUM

52.212-2 ADDENDUM

52.212-2 EVALUATION--COMMERCIAL ITEMS--ADDENDUM

Basis for contract award - This acquisition is being conducted under FAR Parts 12 and 13.5. Offers will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this Addendum. Award will be made utilizing a Lowest Price Technically Acceptable (LPTA) source selection method.

Specifically, the evaluation process shall proceed as follows:

First, the proposals will be ranked in order from lowest to highest based on the price. The lowest priced proposal will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the government's minimum requirements as described in the schedule, the 52.212-1 provision, and this 52.212-2 Addendum provision. Proposals deemed Unacceptable are those that fail to meet the Government's minimum requirements.

Past performance will then be evaluated and assigned a rating of Acceptable or Unacceptable. In order to be rated as Acceptable, the past performance must present either a reasonable expectation that the offeror will successfully perform the required effort or that the offeror’s performance record is unknown.

If the lowest priced offeror’s Technical proposal and past performance are rated acceptable, the government will then evaluate pricing to determine fair and reasonableness per FAR 13.106-3.

If the lowest priced proposal is evaluated to have an acceptable technical quote, acceptable past performance, and fair and reasonable prices, per FAR 13.106-3, the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that offeror without further consideration of any other offers.

If the lowest priced proposal is assigned an unacceptable rating (either technical or past performance), or if the price is determined not fair and reasonable or if the offeror is found to be non-responsible, the next lowest priced offer will be evaluated. This process will continue (in ascending order) until an offeror is evaluated to have an acceptable technical rating, an acceptable past performance rating, fair and reasonable prices and the offeror is deemed responsible or until all offers have been evaluated.

The Government reserves the right to evaluate all proposals.

Factor 1: Technical Capability

Each offeror’s technical proposal will be evaluated as Acceptable or Unacceptable as defined below:

Technical Acceptable/Unacceptable Ratings

requirements of the solicitation.

requirements of the solicitation.

To be rated Technically Acceptable, the offeror must provide a technical approach which clearly describes how the offeror will achieve the PWS objectives.

Factor 2: Price

In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the government) using one or more techniques set forth in FAR 13.106-3.

Offerors are advised that the Option to Extend Services Clause at 52.217-8 is included in the solicitation and will be included in the awarded contract. When proposing prices for base and option years, offerors should consider that the Government may choose to exercise the option to extend services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised. For purposes of evaluation, the Government will take the proposed price for the final option period, divide it by two and add it to the overall proposed price.

Factor 3: Past Performance

The Government will conduct a performance risk assessment the offeror’s record of past and current performance, as well as that of its proposed subcontractors and team member as it relates to the probability of successfully performing the requirements of the solicitation. The past performance evaluation will consider the offeror's demonstrated recent (within the past three years) and relevant (similar in size and scope to the services identified in the schedule) record of performance in supplying services that meet the solicitation’s requirements. Offerors are advised that, in conducting the past performance assessment, the Government may use data provided in the Offeror’s proposal and data obtained from other sources.

Past performance will be rated on an “acceptable” or “unacceptable” basis.

Past Performance Evaluation Ratings

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

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

The Government reserves the right to award no contract at all depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate proposals and award a single contract without requesting or accepting revised proposals. Therefore, the offerors will be advised that their initial offer should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the proposals and hold discussions.

(End of provision addendum)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15…