2.02 - Clauses and Provisions.pdf

N0018924Q0122

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $1.00 $TBD

0002 $1.00 $TBD

0003 $1.00 $TBD

0004 $1.00 $TBD

0005 $1.00 $TBD

0006 $1.00 $TBD

0007 $1.00 $TBD

0008 $1.00 $TBD

1001 $1.00 $TBD

1002 $1.00 $TBD

1003 $1.00 $TBD

1004 $1.00 $TBD

1005 $1.00 $TBD

1006 $1.00 $TBD

1007 $1.00 $TBD

1008 $1.00 $TBD

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.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $1.00 $TBD

0002 $1.00 $TBD

0003 $1.00 $TBD

0004 $1.00 $TBD

0005 $1.00 $TBD

0006 $1.00 $TBD

0007 $1.00 $TBD

0008 $1.00 $TBD

1001 $1.00 $TBD

1002 $1.00 $TBD

1003 $1.00 $TBD

1004 $1.00 $TBD

1005 $1.00 $TBD

1006 $1.00 $TBD

1007 $1.00 $TBD

1008 $1.00 $TBD

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021) Alternate I

JUL 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-7 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).

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

COMMERCIAL SERVICES (SEP 2023)

The Government intends to award a single Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract with Firm, Fixed-Price (FFP) provisions as a result of this solicitation in accordance with FAR Part 12- Acquisition of Commercial Items, FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services, FAR Subpart 16.5 – Indefinite-Delivery Contracts, and FAR Subpart 19.14 - Service-Disabled Veteran- Owned Small Business Procurement Program. Award will be made to that vendor whose quote represents the best value to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and make an award based on initial quotes. Therefore, the vendor's initial quote should contain the vendor's best terms from a Facilities Security Clearance, Technical Approach, Past Performance, and Price standpoint.

The Government intends to award a contract without exchanges. The establishment of a competitive range is not anticipated. Accordingly, each vendor should submit its most favorable terms from a Facilities Security Clearance, Technical, Past Performance, and Price standpoint. However, the Government may contact any or all vendors with questions concerning their responses. The Government reserves the right to award a FFP contract to other than the lowest priced vendor ; award a FFP contract without exchanges; or award a FFP contract after exchanges, whichever is in the best interest of the Government.

QUESTIONS: vendors may submit questions regarding clarification of solicitation requirements to Lorna Mohney and Zack Bowman via email to Zackery.l.bowman.civ@us.navy.mil and lorna.d.mohney.civ@us.navy.mil. It is requested that all questions be received by 29 April 2024 by 1300 Eastern Time, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of quotes.

FOR SUBMISSIONS OF QUOTES:

(1) Quotes shall be submitted no later than the due date of the solicitation via email to Zack Bowman and Lorna Mohney via email to Zackery.l.bowman.civ@us.navy.mil and lorna.d.mohney.civ@us.navy.mil. Vendors shall comply with the detailed instructions for the format and content of the quotes contained herein; quotes that do not comply may be considered unacceptable and may render the quote ineligible for award. All electronic files and versions of vendors’ quote shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2016 (Word and Excel). The vendor shall be responsible for ensuring that their electronic quotes are virus free.

(2) Quotes shall comply with all instructions for submitting quotes and attachments.

(3) Volumes I, II, III – Non-Price Quote These volumes shall address the Facilities Security Clearance, Technical, and Past Performance factors and include all information required for quote evaluation. This volume of the quote shall exclude any price information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and FAR 3.104

(4) Volume IV – Price This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

REQUIREMENTS FOR QUOTE CONTENT:

The quote should contain the following items in addition to other information required by this solicitation. The cover page should indicate the following:

Title of the quote Volume Number (I, II, III, or IV) Quote Category (Factor/Sub-factor) Request for Quotation Number Name and Address of Vendor, CAGE Code, DUNS number, and applicable Tax I.D. Number (TIN) Identification if original or a copy of the quote Point of Contact name, telephone number, and email address Quote valid for 180 days after solicitation closing

Quotes shall be prepared in four (4) separate and distinct volumes:

Volume I: Factor I –Facilities Security Clearance Volume II, Factor II – Technical Approach o Subfactor I – Performance Approach o Subfactor II – Staffing and Management

Volume III, Factor III – Past Performance Volume IV, Factor IV – Price

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located.

1. Requirements for Style: Each vendor shall submit a quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the solicitation documents and attachments.

Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired and may be construed as any indication of the vendor's lack of understanding of cost consciousness. The quote shall contain all the pertinent information in sufficient detail in the one area of the quote where it contributes most critically to the discussion of the same information. When necessary, the vendor shall refer to the initial discussion and identify its location within the submitted quote.

2. Quote Page Limitations Volumes I and II Non-Price Quote - The following page limitations are established:

Title Page Limit* Volume I: Factor I –Facilities Security Clearance No limit Volume II – Factor II: Technical, Subfactor I: Performance Approach 15 Pages Volume II – Factor II: Technical, Subfactor II: Staffing and Management Approach

20 Pages

Volume III – Factor III: Past Performance 12 Pages

All submission and attachments shall be in Adobe Acrobat PDF, Microsoft Office Word, or Microsoft Office Excel.

Submissions are page limited to the maximum number of pages as defined above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the quote may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½“ x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be selected as single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The vendor is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of acronyms, list of figures, compliance matrix, table of contents, tabs, and dividers.

Pages submitted in excess of the page limitations described within will not be evaluated.

Volume IV, Price– is not page limited.

Title Page Limit* Volume IV – Factor IV: Price Unlimited

The Price quote is not page limited; however, the Price quote is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the quote.

Phase I Volume I – Factor I – Facilities Security Clearance The offeror shall provide verification that it possesses an active Facility Clearance (FCL) at Secret level at the time of quote submission as identified in PWS. The verification shall be provided via the Defense Counterintelligence and Security Agency (DCSA) National Industrial Security System (NISS) and obtained no earlier than 30 days prior to the issuance of the solicitation. The Verification request shall include the following:

CAGE code Facility name Physical location/facility Clearance status/level Status date/Issue date Safeguarding level Authorized access to Facilities clearance level limitation(s) Facility security officer and phone number

DSCA field office location and phone number

Phase II Volume II – Factor II – Technical Quote Subfactor I – Performance Approach: Vendor shall provide a performance approach that details how the vendor intends to meet the specific services and requirements identified in PWS Section 4. Vendors shall demonstrate a thorough understanding of, as well as its ability to implement and execute the tasks/requirements specified within PWS Section 4.

Note: Vendors simply providing general statements or paraphrasing/parroting the PWS in whole or in any part shall result in a rating of unacceptable.

Subfactor II: Staffing and Management Approach The vendor shall provide a staffing and management plan/approach that demonstrates the vendor's ability to provide and retain the appropriate mix and quantity of personnel resources with the skill set levels necessary to fulfill the tasks/requirements specified within Section 5.0 of the PWS. At a minimum, the staffing and management plan should address the following:

a. General staffing approach for utilization of the vendor's personnel resources that demonstrates an understanding of the skill sets, qualifications, certifications, background, expertise, and clearance requirements required to successfully accomplish the tasks/requirements specified within PWS Section 5.0.

b. The management plan and approach that will successfully accomplish the requirements of the solicitation and the PWS. The vendor should describe any risks associated with the solicitation, including the PWS and any risks associated with implementation of the vendor's management approach; describe any techniques and its actions to mitigate such risks; and explain whether the techniques and actions identified for risk mitigation have been successfully used by the vendor.

NOTE: The above bullets provide guidance for what should be addressed in the approach and are not considered to be subfactors nor should this be considered an all-inclusive list.

Note: Vendors simply providing general statements or paraphrasing/parroting the PWS in whole or in any part shall result in a rating of unacceptable.

Volume III, Factor III – Past Performance:

To demonstrate its past performance, the vendor shall identify up to three (3) of its most relevant contracts performed within five (5) years of the solicitation issuance date. Those contracts must reflect work that has already performed. Work yet-to-be performed by the solicitation closing date will not be considered. Vendors shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation.

For purposes of this solicitation, a contract is defined as a single contract or a single task order placed under an ID/IQ contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule. Vendors shall not submit the IDIQ contract, FSS contract, or BPA itself as a reference. Vendors may submit a combination of no more than three

(3) delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an ID/IQ or BPA as one of the three examples of past performance. Such a combination must also meet the requirements stated above: each individual example in the combination must have been performed within five

(5) years of the solicitation issuance date and demonstrate work that has already been performed prior to the closing date of the solicitation. If a combination of DOs, TOs, TDLs and or TATs are used as a past performance example, the vendor shall state the specific experience claimed, period of performance, and dollar value of each. A Past Performance example that does not provide the level of detail required may not be evaluated. No more than one combination of DOs, TOs, TDLs and or TATs is permitted in the past performance submittal.

If a quoted subcontractor’s past performance is provided as part of the three (3) of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement must be stated. The vendor’s submittal shall also detail clearly the aspects of the work in the solicitation that the subcontractor is quoted to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is quoted to perform may not be evaluated.

If the prime vendor or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort may not be evaluated.

The past performance of subcontractors who will be performing major or critical aspects of the solicitation will be considered as highly as a prime contractor’s past performance.

Failure of vendors to provide the required information and level of specificity may result in the contract reference not being evaluated.

With respect to joint ventures, the procuring activity will consider work done individually by each member of the joint venture as well as any work done by the joint venture itself previously. Joint venture references must meet the temporal requirements described in Instructions To Offerors (within five years and must reflect work that has already been performed prior to the solicitation closing date). Additionally, if a joint venture member submits a past performance reference, the joint venture member shall detail clearly the work that it performed in that effort and the magnitude (dollar value) of that work. A reference that does not differentiate between the overall contract effort and the joint venture member’s effort for that reference will may not be evaluated. The past performance of a joint venture member who will be performing major or critical aspects of the solicitation will be considered as highly as the joint venture’s past performance.

The references will be evaluated in the aggregate in order to allow vendors who may not have the entire scope and magnitude of the requirement under one individual contract to still be evaluated for quality if past performance with the full scope and magnitude of the requirement can be demonstrated within the allotted number of references as described above.

The vendor shall complete a “Past Performance Information Form” for each reference submitted. The form is an attachment to the solicitation.

In addition to the information requested above, vendors shall contact their past performance references and request that each reference complete the Past Performance Report Form attached to the solicitation and e-mail the completed survey form directly to Zackery Bowman and Lorna Mohney via email Zackery.l.bowman.civ@us.navy.mil. and Lorna.d.mohney.civ@us.navy.mil by the DUE DATE OF THIS SOLICITATION. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information.

Volume IV, Factor IV – Price The Price quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other price information considered appropriate to support the quote. This submittal shall include the following:

Unless completed in SAM, RFQ Section, "Representation, Certification and Other Statements of Offerors" completed by the vendor in accordance with FAR 52.204-8, FAR 52.204-24, FAR 52.204-26 and DFARS 252.204-7007 Alt. A.

RFQ "Schedule of Supplies/Services" completed by the vendor. For the purpose of preparing a price quote, the vendor shall assume that the period of performance consists of a 5-year ordering period and FAR 52.217-8 to extend services up to 6 months

Attachment I –Pricing Spreadsheet completed by the vendor (see below for additional instructions).

o Vendors shall complete Attachment I, Pricing Spreadsheet, to include the vendor’s quoted fully burdened hourly rate per Labor Category for each ordering period.

o Vendors shall use the quoted fully burdened rates and estimated number of hours to calculate the estimated total price per task in row 15 for each ordering period.

o The summary page consists of two tables: one for the 5-year ordering period and one for FAR

52.217-8 ordering period. Vendors shall detail the total ceiling for each CLIN based on the total price of each task for the entire 5-year ordering period and FAR 52.217-8 ordering period. These values shall represent the quoted ceiling for each CLIN.

o The tables in Attachment I will be incorporated into the resultant contract as the ceiling labor rates for each labor category.

The estimated travel amounts are provided in the solicitation as Not to Exceed (NTE), cost-reimbursable CLINs. The Government’s estimated travel (plus applicable burdens) shall be used for the purpose of evaluating the price quote. Application of overhead and/or G&A rates, as appropriate, will be allowed only if the vendor maintains separate accounts for such costs; the vendor must apply burdens (as appropriate and allowable) to the common evaluation amounts. No profit or fee may be applied to the travel costs. Any vendor having an accounting system that allows for the application of overhead and G&A to travel shall specifically state this. The vendor's failure to identify that additional indirect cost elements will be included shall result in those costs being deemed as mutually agreed upon as unallowable during the performance of the contract. Vendors shall use the following Government-estimated travel amounts in preparing their price quote:

Period Travel

Five-Year Ordering Period $552,199.00

FAR 52.217-8 $59,030.00

NOTE: All price and price supporting information shall be contained in the price submittal. No price or pricing information shall be included in any other volume including cover letters. Vendors are responsible for submitting sufficient information to enable the Government to fully evaluate their price quote

ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

The Government intends to award a single Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract with Firm, Fixed-Price (FFP) provisions as a result of this solicitation in accordance with FAR Part 12- Acquisition of Commercial Items, FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services, FAR Subpart 16.5 – Ordering, and FAR 19.203(c)- small business socioeconomic contracting programs set-aside. Award will be made to that vendor whose quote represents the best value to the Government under the selection criteria set forth in this solicitation. The evaluation will consist of two phases: Phase I – Factor I: Facilities Security Clearance and Phase II – Factor II: Technical Approach, Factor III: Past Performance, and Factor IV: Price.

Quotes receiving a rating of ‘Unacceptable’ for Factor I –Facilities Security Clearance are considered un-awardable and will not be further evaluated. Factor II – Technical Approach will consist of two subfactors: Subfactor I - Performance Approach and Subfactor II - Staffing and Management Approach, which are of equal importance.

During Phase II, the evaluation of quotes will consider the Non-Price Quote to be significantly more important than the Price Quote. Within the Non-Price Quote, Factor II – Technical is significantly more important than Factor III – Past Performance.

Vendors simply providing general statements or paraphrasing/parroting the PWS in whole or in any part may result in a rating of unacceptable. Vendors should be aware that a complete understanding as to technical, price, and all terms and conditions of the quoted contract must exist between the vendor and the Government at the conclusion of exchanges, if held. Material changes to quotes submitted in any final quote revisions, if made, may not be subject to further discussion, and may render the quote unacceptable to the Government. All vendor and team member/subcontractor information must be incorporated into one coherent quote to be considered complete.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when an vendor's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which vendor shall receive the award.

All quotes will be reviewed for timeliness. Timely quotes will also be reviewed for compliance to the solicitation. If the quote is not compliant with the material terms of the solicitation, it may not be evaluated and the vendor will be notified that the quote is non-responsive.

Non-Price Quote Evaluation Criteria Volume I – Factor I: Facilities Security Clearance Factor I will be evaluated during Phase I and will receive a rating of Acceptable/Unacceptable based on its submission of the verification of its Secret Facilities Clearance Level meeting the requirements as detailed in FAR 52.212-1. This will be evaluated during Phase I on an Acceptable/Unacceptable basis utilizing the “Acceptable/Unacceptable” rating Table below. Offerors receiving an ‘Acceptable’ rating in Phase I will move on to Phase II. Offerors receiving an ‘Unacceptable’ rating will be considered un-awardable and will not be further evaluated.

Volume II – Factor II – Technical Approach The purpose of the technical factor is to assess the vendor’s quoted approach to satisfy the Government’s requirements. The technical rating reflects the degree to which the quoted approach meets or does not meet the threshold performance or capability requirements. The risk associated with the vendor's technical approach will also be assessed. Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which a vendor’s quoted approach to achieving the technical factor or sub-factor may involve risk of disruption of schedule, degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

The technical/risk rating includes consideration of risk in conjunction with the significant strengths, strengths, deficiencies, uncertainties, weaknesses, and significant weaknesses in determining technical ratings. Combined technical/risk evaluations will utilize the combined technical/risk ratings listed in the Technical Ratings Table and the risk descriptions in the Risk Descriptions Tables below. The overall assigned technical factor and sub-factor ratings will be from Table 2.

NOTE: A quote that receives a “Marginal” rating for the technical factor or any sub-factor is not eligible for award if award is made on initial quotes. Vendors that receive a “Marginal” rating are considered to be susceptible to correction if the contracting officer determines that excahnges are appropriate and said exchanges are conducted;

and as such, a vendor that receives a rating of “Marginal” in the technical factor or any sub-factor is not awardable and will not be further evaluated unless exchanges are conducted. A vendor that receives a rating of “Unacceptable” in the technical factor or any sub-factor is not awardable and will not be further evaluated.

Subfactor I – Performance Approach The vendor's Performance Approach will be evaluated on its feasibility, comprehensiveness, and the degree to which the vendor demonstrates an understanding of, and capability to successfully accomplish, the specific services and requirements identified in the PWS, to include the tasks/requirements identified in the PWS section 4.0.

Subfactor II: Staffing and Management Approach The vendor's Staffing and Management Approach will be evaluated on its feasibility, comprehensiveness, and the degree to which the vendor demonstrates an understanding of, and capability to successfully accomplish, all requirements contained in Addendum FAR 52.212-1 for Sub-factor II, and PWS Section 5.0 and details how the tasks identified in the PWS will be successfully accomplished.

Volume III, Factor III – Past Performance:

The past performance evaluation factor assesses the degree of confidence the Government has in a vendor's ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each vendor.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is performance that has taken place within five (5) years of the issuance date of this solicitation. Evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last five years, will not be considered. In addition, performance data will only be assessed for those references demonstrating at least one year of completed performance prior to the closing date of the solicitation within the past 5 years.

Past Performance Relevancy: Regarding relevancy, each past performance reference under each vendor's Past Performance submission will be evaluated to determine its scope, and magnitude relative to the instant requirement as detailed in table 4 below.

The following definitions will apply to this evaluation:

Scope: Experience in the areas described in the PWS.

Magnitude: The similarity of the dollar value of actually performed work that exists between the PWS and the vendor's referenced contracts during the stated five-year period established by the solicitation.

The relevancy rating assigned to each past performance reference will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. References determined to be “Not Relevant” will not be further considered. Similarly, the quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

The aggregate of each vendor's past performance references in terms of scope and magnitude will result in the assessed overall relevance of that vendor's past performance.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the vendor's past performance. The Government will review all past performance information collected and determine the quality of the vendor's performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table 5 below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the vendor's performance. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. Evaluation will focus only on work already performed. Work yet-to-be performed by the solicitation closing date will not be considered.

If the vendor's aggregated past performance is determined to be not relevant as defined in the solicitation, then the quality of the vendor's past performance will not be evaluated through a confidence assessment and the past performance factor will be rated as “Neutral Confidence.” If a vendor’s aggregate past performance is determined to be relevant, then each past performance reference under the vendor ’s past performance submission that contributed to the determination of aggregate relevance (i.e., each reference that is rated at least somewhat relevant) will be evaluated to determine the quality of the vendor's performance under that reference. The quality of performance on contract references that are rated Not Relevant is not evaluated even when the overall past performance is found to be relevant.

In the case of vendors for which there is no information on past contract performance or where past contract performance information is not available, the vendor may not be evaluated favorably or unfavorably on the past performance factor. In this case, the vendor's past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although a vendor that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to evaluate Past Performance, the Government may also utilize existing data sources, including the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity

Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases;

communication with points of contact in the vendor's customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

This evaluation and rating is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the vendor's past performance will be used as a means of evaluating the relative capability of the vendor and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation sub-factor, the Government will give greater consideration to the contracts which the Government assess as most relevant to the RFQ.

NOTE: A rating of “Limited Confidence” for the past performance factor means that the vendor's quote is not awardable without a change or changes to the vendor’s quote. A quote that includes a “Limited Confidence” rating is considered to be susceptible to correction if the contracting officer determines that exchanges is appropriate and said exchanges is conducted. A rating of “No Confidence” for the past performance factor means that the vendor’s quote is not awardable, is not susceptible to correction, and will not be further evaluated.

Volume IV, Factor IV – Price Price quotes will be evaluated based on price reasonableness in accordance with FAR 13.106-3. The Government may evaluate any and all information submitted by the vendor to support the reasonableness of the prices quoted.

The method of evaluation used by the contracting officer is solely within the discretion of the contracting officer.

The vendors are required to complete the Price Spreadsheet Attachment, and any information such as commercial pricing listings or any information, which can be used in evaluating the submitted price quote.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quotes price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, non-price quotes, price could become the factor in determining which vendor will receive the award.

If the vendor's quote is determined to be unacceptable in any of the non-price evaluation factors, the price quote will not be evaluated by the contracting officer. The Government reserves the right to award the contract to other than the lowest priced vendor.

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

Rating Tables

TABLE 1: FACILITIES SECURITY CLEARANCE RATING TABLE

Adjectival Rating Description Acceptable Quote meets the minimum requirements of the solicitation.

Unacceptable Quote does not meet requirements of the solicitation.

TABLE 2: TECHNICAL APPROACH - COMBINED TECHNICAL/RISK RATING TABLE

Outstanding Quote demonstrates an…