4.08c FAR and DFARS PROVISIONS AND CLAUSES 9112024.pdf

N0018924Q0461

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

52.222-41 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

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 252.204-7015 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 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

252.244-7000 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)

FAR CLAUSE 52.212-1 ADDENDUM, INSTRUCTIONS TO QUOTERS – COMMERCIAL ITEMS

PRODUCTS AND COMMERICAL SERVICES

The Government intends to award a Firm-Fixed-Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 13. Award will be made to that Offeror whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial proposals. Therefore, the Offeror's initial quote should contain the Offeror's best terms from a non-price and price standpoint. However, the Government may contact any or all Offerors with questions concerning their responses.

The Government reserves the right to award a contract to other than the lowest priced Offeror; award a contract without exchanges; or award a contract after exchanges, whichever is in the best interest of the Government.

FOR SUBMISSION OF PROPOSALS:

(1) Quotes shall be submitted electronically no later than the due date of the solicitation via email. Offerors 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 proposal ineligible for award. All electronic files and versions of offerors quote shall be compatible with the current release of Microsoft Office Suite version 2016. The offeror shall be responsible for ensuring that their electronic quote is virus-free.

(2) Submissions are page limited to the maximum number of pages as defined below. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the proposal 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 10 or greater (e.g., "Times New Roman" style with 10 point font). Lines shall, at a minimum, be 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. Offerors are 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 figures, tabs, and dividers. Tables of contents and any compliance matrices may exceed one page, which will not be included in the page count.?

GENERAL:

Proposals shall include the following legend on each page:

Source Selection Information

FAR 2.101 and FAR 3.104

CONTENT:

The offer 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 or? II) Request for Quote Number Name and Address of Offeror, CAGE Code, SAM Unique Entity ID, and applicable Tax I.D. Number (TIN) Point of Contact name, telephone number, and email address Quote valid for 180 days after solicitation closing

Proposals shall be prepared in two (2) separate and distinct volumes (attachments):

Volume I - Non-Price Proposal o Factor I: Technical Approach o Factor II: Past Performance

Volume II – Price Proposal o Factor III: 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 offeror shall submit a quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFQ. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired and may be construed as an indication of the offeror’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 offeror shall refer to the initial discussion and identify its location within the submitted proposal.

2. Page Limitations Volume I - Non-Price Proposal - The following page limitations are established:

Title Page Limit* Non-Price Proposal – Factor I – Technical Approach 2 Pages Non-Price Proposal – Factor II – Past Performance 3 Pages

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

* 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 proposal.

Volume II – Price Proposal - is not page limited; however, the Price Proposal is to be strictly limited to cost information and completed solicitation documents as described in the General Section at the beginning of this text.?

Title Limit* Software Price Proposal No limit Microsoft Word and Excel

* 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 proposal.

1. Volume I: Non-Price Proposal

Factor I – Technical Approach:

The offeror shall provide a technical approach approach that demonstrates the offeror’s ability to provide the required services as identified in the PWS that ensures safety to both the environment and artifact removal manner. Specifically, offerors shall address the following:

The offeror shall demonstrate an understanding of, familiarity with, and ability to perform the specific technical requirements and tasks in PWS Sections, to establish to the government that the offeror is capable of fully providing these services at the level of quality, and safety, required. The offeror’s approach shall provide a plan that clearly describes the management controls, techniques, and procedures that will be used to ensure required work is performed in a timely, responsive, professional, and efficient manner and clearly detail how this effort will be managed within the offeror’s corporate organizational structure.?

Factor II – Past Performance

To demonstrate its past performance, the offeror shall identify up to three (3) of its most relevant contracts performed within five (5) years of the solicitation issuance date. Those contracts must also reflect one year of completed performance by the closing date of the solicitation. Offerors 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. Offerors shall not submit the IDIQ contract, FSS contract, or BPA itself as a reference. Offerors 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 at least one (1) year of completed performance by the closing date of the solicitation. If a combination of DOs, TOs, TDLs and/or TATs are used as a past performance example, the offeror 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 proposed 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 offeror’s submittal shall also detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform may not be evaluated.

If the prime offeror 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 offerors 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 section L (within five years and a year of completed performance). 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 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 offerors who may not have the entire scope and magnitude of the requirement under one (1) 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.

CONTENTS:

Name of Customer with POC information Period of Performance Dollar Amount of Work Performed Overview of Work Performed

2. Volume II: Factor III – Price Proposal In addition to the items required in the General Section above, Volume II shall include the following:

Unless completed in SAM, “Representations, Certifications and Other Statements of Offerors” completed by the offeror.

Complete and detailed price breakdown with all supporting documentation.

All price and price supporting information shall be contained in the price proposal. No price information shall be included in any other Volume including cover letters. The offeror is responsible for submitting sufficient information to enable the Government to fully evaluate its price proposal.

The price submission is not page limited, but is strictly limited to price information.

The completion and submission of the above items will constitute an offer (quote) and will indicate the offeror’s unconditional assent to the terms and conditions of this RFQ and any attachments hereto. Alternate proposals are not authorized. Objections to any terms and conditions of the RFQ will constitute a deficiency (see FAR 13), which may make the offer unacceptable. An offeror may correct a deficiency only through discussions (see FAR 15.306(d) and 15.307).

(End of FAR provision Addendum)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government intends to award a Firm-Fixed-Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 13. Award will be made to that offeror whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the offeror's initial quote should contain the offeror's best terms from a non-price and price standpoint. However, the Government may contact any or all offerors with questions concerning their responses.

The Government reserves the right to award a contract to other than the lowest priced offeror; award a task order without exchanges; or award a task order after exchanges, whichever is in the best interest of the Government.

The Government intends to award a FFP contract to the responsible Offeror whose quote represents the best value after evaluation in accordance with the factors in the solicitation by utilizing the Tradeoff Source Selection process.

The Offeror’s quote shall be in the form prescribed by and shall contain a response to each of the areas identified in FAR 52.212-1 of the solicitation.

Initially, proposals shall be ranked according to price.

The selection of an offeror for award will be conducted in two (2) phases. Phase I will consist of evaluation of Factor I – Technical Approach. Offers receiving an ‘Acceptable’ rating in Phase I shall move on to Phase II. Offerors receiving a rating of “Unacceptable” for Factor I are considered un-awardable and will not be further evaluated. Phase II will consist of evaluation of Factor II - Past Performance and Volume II – Price. The evaluation of proposals that move on to Phase II will consider the Non-Price Proposal to be significantly more important than the Price Proposal.

Within Phase II, Factor I is more important than Factor II. Factor’s I and II are significantly more important than Price.

Offerors receiving a rating of “Unacceptable” for Factor II, are considered un-awardable and will not be further evaluated.

If the lowest priced Offeror is evaluated to have a Factor I rated as ‘Acceptable’, a Factor II rated as ‘Acceptable, AND a Past Performance Confidence Assessment rating of ‘Acceptable”, that Offeror represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that Offeror without further consideration of any other proposals. However, if the lowest priced Offeror is not evaluated to have a Factor I rated as ‘Acceptable’, a Factor II rated as ‘Substantial Confidence’” Past Performance rating, the next-lowest priced Offeror will be evaluated. The evaluation process will continue (in order of price from lowest to highest) until a proposal is evaluated to have a Factor I rated as ‘Acceptable’, a Factor II rated as ‘Substantial Confidence’” Past Performance rating. The Government shall then make an integrated best-value award decision between that proposal rated with a Factor I rated as ‘Acceptable’, a Factor II rated as ‘Substantial Confidence’ Past Performance Confidence Assessment rating and all lower priced awardable proposals.

If no proposals are evaluated with a Factor I rated as ‘Acceptable’, Factor II rated as ‘Substantial Confidence’ Past Performance Confidence Assessment rating, the Contracting Officer shall make an integrated assessment best-value award decision from among Offerors rated ‘Acceptable’ and “Neutral Confidence” or better.

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 proposals in relation to the other factors on which selection is to be based. The importance of price will also increase when a proposal's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the proposal. If, at any stage of the evaluation, all Offerors are determined to have submitted equal, or virtually equal, non-price proposals, price could become the factor in determining which Offerors shall receive the award.

The Government intends to award the contract without exchanges. Accordingly, each Offeror should submit its most favorable terms from a price and non-price standpoint. However, the Government reserves the right to establish a competitive range and conduct exchanges if later determined by the PCO to be necessary. All proposals will be reviewed for timeliness. If the proposal is received after the closing date and does not meet the criteria for “late proposals” in the solicitation, the proposal will not be opened. Timely proposals will be reviewed for compliance to the solicitation. If the proposal is not compliant to the solicitation, it will not be evaluated, and the Offeror will be notified that the proposal is non-responsive.

Volume I: Non-Price Proposal Evaluation Criteria

Phase I

Factor I – Technical Approach

The purpose of the technical factor and sub-factors is to assess the offeror’s proposed approach to satisfy the Government’s requirements. The evaluation of risk is related to the assessment of the offeror’s proposed technical submittal. Risk, as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor involves risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance. Risk will be considered in the evaluation of the technical factor and sub-factors.?

Offers simply providing general statements or paraphrasing/ parroting the PWS in whole or in any part may receive a rating of unacceptable.

Note: Offerors receiving a rating of “Unacceptable” for any factor or sub-factor will not be considered for an award and will not be further evaluated.

Sub-factor II – Performance and Management Approach:

The offeror’s proposed performance and management approach will be evaluated on feasibility, its comprehensiveness, and the degree to which the offeror demonstrates its understanding of, familiarity with, and ability to perform the technical requirements and tasks in PWS Sections 4.0 and 10.0. The offeror will be evaluated on their ability to provide a plan that clearly describes the management controls, techniques, and procedures that will be used to ensure required work is performed in a timely, responsive, professional, and efficient manner and details how this effort will be managed within the offeror’s corporate organizational structure.

Factor II- Past Performance:

The past performance evaluation factor assesses the degree of confidence the Government has in an Offeror’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 Offeror.

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 as of the issuance date of this solicitation. Performance outside of this stated period will not be considered for evaluation purposes.

Past Performance Relevancy: Regarding relevancy, each past performance reference under each Offeror’s Past Performance submission will be evaluated to determine its scope and magnitude relative to the instant requirement.

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 Offeror’s referenced contracts during the stated five-year period established by the solicitation.

The references provided will be evaluated in the aggregate in order to allow Offerors who may not have the entire scope and magnitude of the requirement, under one individual contract, to still be considered relevant 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 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.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the Offeror’s past performance. The Government will review all past performance information collected and determine the quality of the Offeror’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 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 Offeror’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 and work not reflecting one year of completed performance by the solicitation closing date will not be considered.

One year of completed performance is defined as twelve-months of continued performance.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the Offeror may not be evaluated favorably or unfavorably on the past performance factor. In this case, the Offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although an Offeror 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 offeror’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.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the relative capability of the Offeror and other competitors to successfully meet the requirements of the solicitation.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the solicitation.

NOTE: A rating of “Limited Confidence” for the past performance factor means that the offeror’s proposal is not awardable without a change or changes to the offeror’s proposal. A proposal that includes a “Limited Confidence” rating is considered to be susceptible to correction if the contracting officer determines that an exchange (pursuant to FAR 15.306) is appropriate and said exchange is conducted. A rating of “No Confidence” for the past performance factor means that the offeror’s proposal is not awardable, is not susceptible to correction, and will not be further evaluated.

Factor III – Price:

Price will be evaluated in accordance with FAR 13. For the purpose of preparing a price proposal, the Offeror will price each period of performance as established in the solicitation. The Government will evaluate the price proposal for the base period and each option period.

The Offeror’s proposed price will be evaluated on the basis of price reasonableness. The evaluation may include, but is not limited to:

o Price comparison with other Offerors o Comparison with Independent Government Estimate (IGE)

Although Price is considered in a manner that makes it less important than the Non-Price factor, it has the potential to become more significant during the evaluation process. The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based. The importance of price will also increase when a proposal's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all offerors are determined to have submitted equal, or virtually equal, or generally equivalent, Non-Price proposals, price could become the factor in determining which offeror receives the award. The contracting officer may evaluate any and all information submitted by the vendor to support the reasonableness of prices proposed. The method of evaluation used by the contracting officer is solely within the discretion of the contracting officer.

Options, to include FAR 52.217-8, will be evaluated pursuant to solicitation provision FAR 52.217-5, Evaluation of Options. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Offerors responding to this solicitation are advised that, prior to award, the government may request Offerors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted proposal.

A written notice of award or acceptance of a proposal e-mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the proposal shall result in a binding task order without further action by either party.

Rating Tables

Technical Acceptable/Unacceptable Ratings Table 1

These ratings will be used in the evaluation of Phase I, Factor I - Facilities Clearance.

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation?

Risk– (as it pertains to source selection) The potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed 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.

Uncertainty – aspect of a non-cost/price factor proposal for which the intent of the offer is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission, or mistake)

Past Performance Relevancy Ratings Table 3 These ratings will be used in the evaluation of Phase II, Factor III – Past Performance.

Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort this solicitation requires.

Past Performance Confidence Assessment Ratings Table 4

These ratings will be used in the evaluation of Phase II, Factor III – Past Performance.

Rating Description

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

(End of FAR provision Addendum)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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 (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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 (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary

Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", 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…