D2_-_Solicitation_M67861-19-Q-0037.pdf
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- FY20 Muster Venues Federal contract opportunity
- Solicitation number
- M67861-19-Q-0037
- Issued by
- United States Marine Corps
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M6786119Q0037
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF WORK
MARINE FORCES RESERVE
FISCAL YEAR 20 IRR LARGE SCALE
MUSTER VENUES
1. Scope. This SOW is for a non-personal service for conference facilities, also referred to herein as the “Venue” and other services to be provided to United States Marine Corps, also referred to herein as the "Government").
Fifteen Marine Individual Ready Reserve Musters, also referred to herein as the “Muster” will be held in Fifteen
(15) cities across the United States during the Fiscal Year 20 (Oct 1, 2019 – September 30, 2020). Please refer to the table provided in paragraph 7 herein for muster locations and required event dates. Be advised that five of the locations (San Diego, CA; Fort Worth, TX; Indianapolis, IN; New York, NY and Washington DC) will be two day events with the same schedule and space requirements each day.
1.1. The anticipated attendance is approximately 400 Marine Individual Ready Reserve attendees per day divided into three sessions, such that 135 attendees will be participating in each session. The session will begin at the following approximate times:
Session 1: will begin at 0800 Session 2: will begin at 1100 Session 3: will begin at 1430
The Government will require use of the spaces from 0615 until approximately 1830 on the day of the events.
Attendees are mostly Marine enlisted members from E-3 through E-5 from in and around the respective Muster city.
2. General Requirements. The general space and set-up requirements for each site will remain the same for each location. Refer to the table provided in paragraph 7 herein for site specific requirements outside of the general Muster requirements. It is not a requirement that each conference space have its own individual meeting room with the exception of the briefing space and the family space. These must be separate spaces. The use of partitions to subdivide the required spaces is acceptable when combined with the specifications below. The “rectangular” tables, where specified in this requirement, are standard sized, approximately 6 ft long. However, the rectangular tables may be shorter in length when they meet the specifications for designated room.
2.1. Briefing Space. This space shall meet the following requirements:
Date/Time Needed: On event day at 0615 Number of chairs needed: 150 Number of tables needed: 1 table Layout:
o Theater-style seating o 6ft table in front of room
2.2. Mass Admin Space. This space shall meet the following requirements:
Date/Time Needed: On event day at 0600 Number of chairs needed: 84 Number of tables needed: 16 rectangular Layout:
o Room shall be 1,500 sq. ft. or larger.
o Room shall consist of sixteen (16) tables, with four (4) chairs at each table.
o Additional seating area of twenty (20) chairs o Linen and skirting is desired, but is not required. If linen and skirting will not be provided, tables shall look presentable.
2.3. Medical Screening Space. This space shall meet the following requirements:
Date/Time Needed: On event day at 0615 Number of chairs needed: 68
Number of tables needed: 10 rectangular and 2 48” Rounds Layout:
o Room shall be 2,000 sq. ft. or larger.
o Room shall consist of ten (10) rectangular tables and two (2) 48” round, with four (4) chairs at each table.
o Additional seating area of twenty (20) chairs
2.4. Admin Space. This space shall meet the following requirements:
Number of chairs needed: 81 Number of tables needed: 19 rectangular Layout:
o Room shall be 2,000 sq. ft. or larger.
o Room shall consist of sixteen (16) tables, with two (2) chairs at each table, three (3) rectangular tables pushed together with twenty-four (24) chairs around the tables.
o Additional seating area of (25) chairs
2.5. Tiering Space. This space shall meet the following requirements:
Number of chairs needed: 26 Number of tables needed: 3 rectangular Layout:
o Three (3) tables shall each consist of six (6) chairs o Each table shall have two (2) chairs o Additional seating area of twenty (20) chairs
2.6. Breakout Space / COC. This space shall meet the following requirements:
Date/Time Needed: On event day Number of chairs needed: 15 Number of tables needed: 1 conference table Layout:
o Conference room/boardroom o Boardroom-style with conference table and must accommodate 15 chairs
2.7. Family Space. This space shall meet the following requirements:
Date/Time Needed: 0615 Number of chairs needed: 15 Number of tables needed: 1 conference table Layout: Conference room/boardroom Boardroom-style with conference table and must accommodate 15 chairs
2.8. Waiting Area. This space shall meet the following requirements:
Date/Time Needed: 0615 Number of chairs needed: 150 Number of tables needed: 15 Layout:
o Fifteen (15) of the tables shall each consist of two (2) chairs o Theater seating for (50)
2.9. Classroom. This space shall meet the following requirements:
Date/Time Needed: Day prior to the event day; will not be needed for event day Number of chairs needed: 30
Number of tables needed: Vendor must provide enough tables to accommodate 30 people in a classroom layout.
Layout: Classroom style
2.10. Registration Area. This area shall meet the following requirements:
Number of chairs needed: 12 Number of tables needed: 6 rectangular tables (for seating) A foyer or pre-event space is sufficient for the registration area Layout:
o Two (2) rectangular tables Linen and skirting is preferred, tables shall be presentable if linen and skirting is not provided Location: near the entry to the eight (8) rooms required in paragraph 2 above Each table shall consist of three (3) chairs o Approximately 10’x 40’ space is required near the registration counters for computer registration
This space shall include four (4) rectangular tables Linen and skirting is desired, but if not provided, then the tables shall be presentable.
Each table shall consist of two (2) chairs
2.11. Signage. Government owned signage shall be permitted in public areas of venue. Government will take full responsibility for posting and removing all signage. All signage will be placed on government owned easels.
2.12. Network Access. Internet access shall meet the following requirements:
Internet access is required in all eight (8) rooms or partitioned spaces Up to 15 Government-provided computers shall be able to use the network simultaneously Wireless internet (Wi-Fi) is preferred
2.13. Receiving/Storage. Venue shall receive and store a minimum of 10 Pelican cases no larger than 36” X 20” X 20”, each weighing up to 200lbs during the week prior to the muster. Cases usually arrive the Thursday prior to the event and ship the Monday after. Venue staff shall be available on Monday to coordinate pickup of cases by commercial carrier.
3. Other Requirements.
3.1. Parking.
Refer to the site specific parking requirements in paragraph 7 herein for each Muster city.
Parking for members attending the Friday training in the classroom (2.8) set up may be charged to the attendees. These parking fees shall not be included in the contract. A total estimate of 400 spaces will be used throughout each day of the event, though not all at once. For each session, approximately 135 spaces shall be available.
Venues that only offer valet parking and do not offer self-parking are excluded due to anti-terrorism and force protection concerns.
3.2. Traffic Flow of the Event.
All spaces shall be located on the same floor of the venue. The government will consider spaces described in paragraphs 2.1 through 2.7 be located in the same space such as a ballroom, but other layouts will be considered.
IRR Marines will be required to attend stations throughout the venue and the government may only retain the IRR Marines for four hours. These requirements make the traffic flow in the venue important for time management.
4. Business Center.
4.1. Business center shall be available for muster staff participants including access to a copy machine. Muster staff will need to make approximately 250 copies on the day of the event.
5. Labor/Services.
5.1. Venue shall set up and take down all material provided by the venue. All gear brought by the Government will be set up and taken down by the Government.
6. Anticipated Lodging. A courtesy room block for each venue is preferred. Anticipated room numbers:
6.1. Hotel Rooms.
The Government anticipates approximately 40 hotel rooms will be used for three (3) nights each (120 to 160 total room nights) and for (4) nights each for the two day events.
Check-in would be three (3) days prior to the event date.
o Five staff members check-in the Wednesday prior to the event.
o Twenty additional staff members check-in the Thursday prior to the event.
o Twenty additional staff members check-in the Friday prior to the event.
o Total room needed for Friday and Saturday (45).
o Total rooms needed for Sunday for one day musters (5) o Total rooms needed for Sunday for two day musters (45) o Total rooms needed for Monday (5)
Check-out would take place the day after the event.
6.2. Hotel Lodging Fees. Rooms will be reserved and paid for by staff members attending this muster.
These room nights shall not be included in the resulting contract for conference space. The Government does not guarantee usage of the 130 anticipated hotel room nights and shall not be held liable for any unused room fees.
7. Site Specific Muster Requirements.
CLIN City Zip
Code Distance from City Center
FY20
Quarter Event Date(s)
Total
Number of
Attendess
Number of
Attendess
Per Session
Parking
0001 Santa Barbara, CA 93103 20 Miles 1 11/02/19 400 135 Parking for IRR Marines must be included
0002 Tampa, FL 33602 20 Miles 1 11/23/19 400 135 Parking for IRR Marines must be included
0003 Oklahoma City, OK 73102 20 Miles 2 12/07/19 350 125 Parking for IRR Marines must be included
San Diego, CA
92101 20 Miles
01/11/2019 ‐
01/12/2019 800 135 Parking for IRR Marines must be included
0005 Galveston, TX 77551 20 Miles 1 01/25/10 400 135 Parking for IRR Marines must be included
Ft. Worth, TX
76102 20 Miles
03/07/2020 ‐
03/08/2020 800 135 Parking for IRR Marines must be included
0007 St. Louis, MO 63102 20 Miles 2 03/21/20 400 135 Parking for IRR Marines must be included
0008 Hartford, CT 06103 20 Miles 3 04/18/20 400 135 Parking for IRR Marines must be included
Indianapolis, IN
46204 20 Miles
05/16/2020 ‐
05/17/2020 800 135 Parking for IRR Marines must be included
0010 Seattle, WA 98101 20 Miles 3 06/13/20 400 135 Parking for IRR Marines must be included
0011 Philadelphia, PA 19103 20 Miles 3 06/27/20 400 135 Parking for IRR Marines must be included
0012 Miami, FL 33142 20 Miles 4 07/11/20 400 135 Parking for IRR Marines must be included
New York, NY
10036 Must be in borough of Manhattan
08/08/2020
08/09/2020 800 135 No parking requirement
Washington, DC
20009 Must be in DC or Alexandria
08/22/2020 ‐
08/23/2020 800 135 Parking for IRR Marines must be included
0015 Madison, WI 53703 20 Miles 4 09/12/20 400 135 Parking for IRR Marines must be included
8. Contracting Officer’s Representative (COR).
The COR/technical point of contact (TPOC) for this contract is TBD and can be reached via email at TBD.
The COR is not authorized to make any changes to this contract. Only a warranted Contracting Officer (CO) is authorized to make changes to this contract. In the event the Venue effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to the total dollar value of the contract to cover any increase incurred as a result thereof.
9. Venue Support.
The venue shall designate a single point of contact with complete authority to make decisions on all technical matters connected with this contract. That individual will be the single point of contact with whom the Government COR may interact for all support requests outlined in the Statement of Work (SOW).
INJURY/ACCIDENT AND LABOR HOURS REPORTING SAFETY GUIDANCE
Contractors shall adhere to all relevant safety guidance, including (but not limited to):
(a) EM 385-1-1 U.S. Army Corps of Engineers Safety and Health Requirements Manual
(b) OPNAVINST 5100.23 (series), Navy Occupational Health and Safety Program Manual
(c) MCO 5100.29 (series), Marine Corps Safety Program
(d) MCO 5100.8, Marine Corps Occupational Safety and Health (OSH) Policy Order
(e) NAVMC DIR 5100.8, MARCOR OSH Program Manual
Contracting Officer’s Representatives shall immediately report accidents/injuries sustained during contract performance to the Contracting Officer so that the Contracting Officer may report said accidents/injuries to responsible agency safety officials.
5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING AND APPLICATION
(ECMRA)
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the requiring activity (M20143) via secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
1) W, Lease/Rental of Equipment;
2) X, Lease/Rental of Equipment;
3) Y, Construction of Structures and Facilities;
4) S, Utilities ONLY;
5) V, Freight and Shipping ONLY
The Contractor is required to fill in all required data fields using the following web address:
https://doncmra.nmci.navy.mil.
Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Santa Barbara, CA Muster
FFP
Booking of conference facilities IAW with SOW.
FOB: Destination
PSC CD: X1AB
NET AMT
0002 1 Each Tampa, FL Muster
FFP
Booking of conference facilities IAW with SOW.
0003 1 Each Oklahoma City, OK Muster
FFP
Booking of conference facilities IAW with SOW.
0004 1 Each San Diego, CA Muster (2-day event)
FFP
Booking of conference facilities IAW with SOW.
0005 1 Each Galveston, TX Muster
FFP
Booking of conference facilities IAW with SOW.
0006 1 Each Ft. Worth, TX Muster (2-day event)
FFP
Booking of conference facilities IAW with SOW.
0007 1 Each St. Louis, MO Muster
FFP
Booking of conference facilities IAW with SOW.
0008 1 Each Hartford, CT Muster
FFP
Booking of conference facilities IAW with SOW.
0009 1 Each Indianapolis, IN Muster (2-day event)
FFP
Booking of conference facilities IAW with SOW.
0010 1 Each Seattle, WA Muster
FFP
Booking of conference facilities IAW with SOW.
0011 1 Each Philadelphia, PA Muster
FFP
Booking of conference facilities IAW with SOW.
0012 1 Each Miami, FL Muster
FFP
Booking of conference facilities IAW with SOW.
0013 1 Each New York, NY Muster (2-day event)
FFP
Booking of conference facilities IAW with SOW.
0014 1 Each Washington, DC Muster (2-day event)
FFP
Booking of conference facilities IAW with SOW.
0015 1 Each Madison, WI Muster
FFP
Booking of conference facilities IAW with SOW.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government
0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 02-NOV-2019 TO
02-NOV-2019
N/A N/A
0002 POP 23-NOV-2019 TO
23-NOV-2019
0003 POP 07-DEC-2019 TO
07-DEC-2019
0004 POP 11-JAN-2020 TO
12-JAN-2020
0005 POP 25-JAN-2020 TO
25-JAN-2020
0006 POP 07-MAR-2020 TO
08-MAR-2020
0007 POP 21-MAR-2020 TO
21-MAR-2020
0008 POP 18-APR-2020 TO
18-APR-2020
0009 POP 16-MAY-2020 TO
17-MAY-2020
0010 POP 13-JUN-2020 TO
13-JUN-2020
0011 POP 27-JUN-2020 TO
27-JUN-2020
0012 POP 11-JUL-2020 TO
11-JUL-2020
0013 POP 08-AUG-2020 TO
09-AUG-2020
0014 POP 22-AUG-2020 TO
23-AUG-2020
0015 POP 12-SEP-2020 TO
12-SEP-2020
CLAUSES INCORPORATED BY REFERENCE
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 JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.212-1 Instructions to Offerors--Commercial Items OCT 2018
CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1
SOLICITATION INSTRUCTIONS (any numbered notes that appear to be missing are not applicable to this solicitation)
2 This is a competitive solicitation under FAR Part 12 using FAR Part 13 procedures for a firm-fixed price contract. Firms should submit sufficient descriptive literature to permit the contracting agency to assess whether the product/services proposed meets all the salient characteristics or performance requirements specified in the solicitation. This agency will not be responsible for locating or obtaining any information not included on the face of the quote/proposal or a hardcopy attachment to the quote in a response to this solicitation.
6 Small Business Set-aside: See block 10.
7 Market Research: Market research conducted via request for information (RFI) and revealed that there is a reasonable expectation of obtaining two or more quotes from small business concerns. FAR Part 19.502-2 (a) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 but not over $250,000 is automatically reserved exclusively for small business concerns and should be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining quotes from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. Marine Forces Reserve Small Business Program Deputy Director concurs with this action.
QUOTATION REQUIREMENTS:
8 Submit response packages electronically via upload to FedBizOps (FBO) only. All quotes should include an overall total price in addition to individual pricing by contract line item (CLIN). If technical issues arise upon attempting to upload quote in FBO, email the FBO error notice, quote, and any applicable attachments to Stephanie.Mbelu@usmc.mil and Shelly.Mentzos@usmc.mil. Emailed quotes will only be considered if FBO error notice is provided and meet the following conditions: emailed quotes may not exceed 5MB in size due to server/network restrictions, multiple emails may be submitted if necessary to ensure timely and complete receipt of your quote, only pdf email attachments are authorized as any other email attachment types may be rejected by this agencies servers.
9 All responsible sources may submit a quotation which, if received in a timely manner, should be considered by the agency.
10 Award will be made to the lowest-priced technically acceptable (LPTA). The Technical Evaluation Template that will be used to evaluate the LPTA quote is incorporated herein for Contractor awareness only. See FAR 52.212-2 herein for technical evaluation procedures.
11 The Government will accept all quotes and if available quotes from Ability One and Federal Prison Industry (FPI) only. All applicable provisions and clauses from the MAS contract flow down and are applicable to this solicitation and any resulting task/delivery order award.
12 The Government will consider competitive quotes only in response to this solicitation.
13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF Instructions.
14 Any direct customer contact by bidders is not authorized during the solicitation phase or your quote may be at risk of being eliminated from consideration for this solicitation.
15 NO PHONE CALLS will be accepted regarding this solicitation. ALL INDUSTRY QUESTIONS shall be sent in writing via email to Stephanie.Mbelu@usmc.mil and Shelly.Mentzos@usmc.mil by Friday, September 20, 2019 at 12:00 PM CST. This strictly applies to industry questions and NOT an authorized method for quote submittal. All responses to Industry questions will be posted publicly via a solicitation amendment on FBO.
17 The Contracting Officer reviews Supplier Performance Risk System (SPRS) for supplies less than $1M and Federal Awardee Performance and Integrity Information System (FAPIIS)/Contract Performance Assessment Reporting System (CPARS) for services and for supplies greater than or equal to $1M as part of technical acceptability and responsibility determination purposes.
18 The Government reserves the right to make award solely on initial quotes received on an all or none basis or on a multiple award basis from this solicitation. If a partial award will not be accepted, so state on the face of your quote.
19 Quotes are considered late if not received by the solicitation closing date, time, and time zone. Offerors bear the burden of ensuring that all portions of the quote (and any authorized amendments) are uploaded to FBO before the deadline specified in the solicitation.
21 CAGE code
22 DUNS number
23 Address
24 Point of contact
25 Delivery lead time after receipt of order for supplies and period of performance for services (including information technology manufacturer licensing and support) if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment.
26 Prompt payment/discount terms. This will not be used to evaluate quotes.
27 Contract number and expiration date should be included if quoting under a GSA or other contract. This should be listed per line item unless the contract vehicle is applicable to all line items.
30 Conference Room Reservations: In conjunction with the conference space specified in this solicitation, the Government anticipates utilizing hotel room nights as part of this requirement (see SOW). The costs associated with these room nights will be paid independently by the guests and should not be included in quotes responding to this solicitation. These room nights will not be included in the resulting contract for conference space. However, information regarding the availability or non-availability of the rooms should be listed in the quote. The Government does not guarantee usage of the anticipated hotel room nights and should not be held liable for the cost of unused rooms.
40 Service Contract Labor Standards: This solicitation includes contract line items (CLIN) for services therefore a wage determination is assumed to be applicable to this solicitation. Offerors should provide self-certification in FAR 52.212-3(K)(1) or (2) for a formal determination before award for the services listed in this solicitation.
If a wage determination is deemed not applicable based on self-certification responses, the wage determination requirement will be removed/excluded upon final award. If self-certification is not provided or certification responses indicate the wage determination is applicable, the wage determination will remain/added upon final award. This full text of this FAR clause is included in this solicitation and can also be found at http://farsite.hill.af.mil/vffar.htm. Wage Determinations pulled from the beta.sam.gov website.
41 Offerors shall complete the following clauses/attachments/table below: Offerors should complete the following full-text provisions/clauses if included in this solicitation: FAR 52.204-24 for all solicitations. FAR clause(s) can be completed manually within this solicitation document or printed and completed manually by copying and pasting from this link: http://farsite.hill.af.mil/VFFARA.HTM).
42 Solicitation/Contract Line Item Numbers (CLIN) Structure – Potential offerors should submit quotes in the same CLIN structure as outlined in the solicitation for quote evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.
43 Assignment of Claims – Potential offerors that may need an Assignment of Claims as described in FAR 32.8 should include a statement on quote that "Assignment of Claims is required if selected for award." Assignment of Claims will not be used as an evaluation factor for award. However, all Assignment of Claims documentation should be submitted with quote or provided BEFORE accepting award for Contracting Officer determination. The Government reserves the right to disapprove a request for Assignment of Claims; vendor will be advised of disapproval prior to drafting of award so vendor may determine if it can still fulfill the contractual requirement without an Assignment of Claims. If request for Assignment of Claims is not included in quote or required documentation is not provided PRIOR to Contractor acceptance of award, the Contracting Officer may reject request for Assignment of Claims and award to the next qualified offeror.
44 System for Award Management (SAM.gov) – Potential offerors not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award. Registration may take several days to be visible at SAM.gov, therefore, affected offerors should provide proof of registration/date with quote submittal. Contact SAM.gov website points of contact if you need assistance with registration.
(End of Solicitation Numbered Notes)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)
(a) Definitions. As used in this provision--
Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. 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. Contractors are not prohibited 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.
(c) Representation. The Offeror represents that--
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.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--
(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, 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).
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) Quotes will be evaluated using a multiple award lowest price technically acceptable (LPTA) process among cost or price and non-cost factors. The actual evaluation basis is incorporated into this solicitation for bidder reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only. The following factors should be used to evaluate quotes: Technical Acceptability is defined as meeting all of the salient characteristics identified in this solicitation document.
(i) Technical Acceptability will be evaluated according to the table provided herein to ensure accuracy and compatibility among all required items.
(ii) Price will be evaluated to determine quote fair and reasonable.
(iii) Past Performance will be evaluated to determine responsibility of the offeror to satisfy the requirement.
Technical Acceptability (i) will be the primary evaluating factor for this requirement followed by Price (ii) then Past Performance (iii) in order of precedence.
(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.
CLAUSE(S) 52.212-2 - ADDENDUM TO 52.212-2
Basis of Single Award or Multiple Award - Lowest Price Technically Acceptable (LPTA)
1. For supplies less than $1M, past performance will be rated on an "acceptable" or "unacceptable" basis. The apparent successful, prospective contractor must have acceptable past performance. The Supplier Performance Risk System (SPSR) application (https://www.sprs.csd.disa.mil ) will be used in the evaluation of suppliers' past performance history for the FSC/PSC of the supplies being purchased in accordance with DFARS 213.106-2(b)(i).
Any contractor with a Supplier Risk Score in the lowest 10% will be rated as 'unacceptable' unless information is so sparse that no meaningful past performance rating can be reasonably assigned, the contractor may not be evaluated favorably or unfavorably on past performance.
For services and for supplies-greater than or equal to $1M, past performance will be rated on an "acceptable" or "unacceptable" basis. The apparent successful, prospective contractor must have acceptable past performance. The Contract Performance Assessment Reporting System (CPARS)/Federal Awardee Performance and Integrity Information System (FAPIIS) application (https://www.cpars.gov) will be used in the evaluation of contractors' past performance history for the FSC of the services being purchased. Any contractor with negative past performance in the past 3 years for the same FSC services being procured in this solicitation will be rated as 'unacceptable'. If no record of negative past performance can be found, the contractor may not be evaluated favorably or unfavorably on past performance.
In the case of an apparent successful, prospective contractor 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 contractor may not be evaluated favorably or unfavorably on past performance.
Therefore, the contractor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" will be considered "Acceptable."
2. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price quote or multiple quotes, will be forwarded to the requiring activity for technical evaluation (quote(s) will be deemed either technically acceptable or technically unacceptable). If the lowest price quote is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price quote(s). If the lowest price quote is determined technically unacceptable, another analysis will be conducted amongst the remaining quotes to determine if a single or multiple awards will provide the lowest price.
The lowest price quote(s) will be sent for technical evaluation. This process is repeated in order of price until a quote or combination of quotes is deemed technically acceptable, past performance evaluation performed, and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for bidder reference only and may not include or be all inclusive of items evaluated. The final completed version is for Government Official Use Only.
TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY
ACCEPTABILITY DETERMINATION
PR NOMENCLATURE: PR #: Solicitation #:
TECHNICAL ACCEPTABILITY SECTION 1: ENTER COMPANY NAME
[This Section is Required for LPTA Supplies without a SOW] *Salient Characteristics or SOW/PWS Tasks [List Solicitation Salient Characteristics or SOW/PWS Tasks in this Column]
Technically Acceptable
Not Technically Acceptable
Explain in Detail Why Not Technically Acceptable
Briefing Space (2.1) Mass Admin Space (2.2) Medical Screening Space (2.3) Admin Space (2.4) Tiering Space (2.5) Breakout Space / COC (2.6) Family Space (2.7) Waiting Area (2.8) Classroom (2.9) Registration Area (2.10) Signage (2.11) Network Access (2.12) Receiving/Storage (2.13) Parking (3.1) Traffic Flow of the Event (3.2) Business Center (4.0) Anticipated Lodging (6.0)
*ITEMS LISTED IN THIS TABLE ARE FOR SAMPLE REFERENCE PURPOSES ONLY AND MAY NOT BE ALL INCLUSIVE
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or…
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