N3220520R4097 TCE-HR SOLICITATION.docx
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- Solicitation number
- N3220520R4097
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| Rev 1 Attachment 4 - Past Performance Questionnaire.doc | DOC document | |
| Rooms occupied.xlsx | XLSX spreadsheet | |
| Q and A-3.doc | DOC document | |
| Q and A-2.docx | DOCX document | |
| Q5 Attached Historical Data.xlsx | XLSX spreadsheet | |
| Q and A-1.docx | DOCX document | |
| Attachment 2 - QASP.doc | DOC document | |
| Attachment 1 - Checklist of Technical Requirements TCE-Fort Eustis VA.xls | XLS spreadsheet | |
| Attachment 3 - Past Performance Data Sheet.doc | DOC document | |
| Attachment 4 - Past Performance Questionnaire.doc | DOC document |
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N3220520R4097
Section SF 1449 - CONTINUATION SHEET
FACILITY LOCATION
Primary Facility Location and Address:
Secondary / Alternate Facility(s) Location and Address(s):
PERFORMANCE WORK STATEMENT
DESCRIPTION OF SERVICES
I. SCOPE OF WORK
The Contractor shall provide lodging and transportation, as specified herein, to the authorized Civil Service Mariners (CIVMARs) assigned to the Military Sealift Command (MSC). The Contractor shall furnish necessary facilities including furniture, equipment and supplies. Such facilities shall be located within a twenty-five mile driving radius of MSC Training Center East Hampton Roads (TC-E HR), located at Building 650, 667 Monroe Avenue, Fort Eustis, VA 23604, using www.mapquest.com AND excludes any hotel separated from Ft Eustis VA by a tunnel. Transportation to and from the contractor’s lodging facility and MSC TC-E HR will be provided by the contractor. The commute time to the training facility from each hotel (primary and each overflow) must not exceed one hour each way during normal peak traffic hours.
A. LODGING/FACILITIES
The primary lodging facility must be rated by the American Automobile Association (AAA) and must meet or exceed the three Diamond hotel rating from AAA. In addition to the primary facility, the contractor must have a minimum of two (2) overflow hotels that are rated by AAA and meet or exceed the AAA three Diamond hotel rating. The overflow hotels may be at different locations, however, each facility shall be located within the mileage/commute requirements stated above and shall provide the same room-night rate as the primary lodging facility. The contractor shall provide a microwave and refrigerator in each authorized CIVMARs room and maintain at least three (3) functional washers and three (3) functional dryers at each site. The contractor shall provide free local telephone calls and a free, functional internet connection in each room, and hotel guests will have access to an on-site Business Center. The contractor shall not lodge CIVMARs under the contract at a hotel facility that is under renovation and/or undergoing a major construction project. The lodging facility must be within 1/8 mile distance of a public transportation designated stop OR the lodging facility must provide transportation to/from the nearest public transportation designated stop with set schedule OR the lodging facility must provide round trip shuttle service comparable to that of public transportation within a five mile driving radius with set schedule. Each authorized CIVMAR occupant shall be given a key to his/her room at no charge and with no deposit fee. The primary facility shall provide lodging to the majority (greater than 50%) of the authorized CIVMARs at all times. The overflow facilities will only be used when the primary lodging facility exceeds its capacity. Overflow hotel properties may change throughout the life of the contract as long as the properties meet all the requirements of the contract and are validated and approved in writing by the Contracting Officer Representative (COR) and Contracting Officer prior to any changes.
The Contractor shall provide hotel rooms when called for by the COR and/or Contracting Officer or his/her designated representatives. The Contractor shall ensure a sufficient number of single rooms are available at all times to meet the Government’s needs. Based on previous history, the room nights will vary with an estimated average of 50 rooms per night, to as many as 110 rooms per night. The quantities of single rooms actually occupied for lodging on any one day may vary depending upon the fluctuating number of CIVMARs awaiting assignment or attending training. The length of a CIVMARs stay varies. Each authorized CIVMAR shall be entitled to a single room. The authorized CIVMARs will remain in the same facility from the day they check in until they check out with the exception of those moves at the request of the MSC Point of Contact (POC) based on availability of the contractor. The authorized CIVMARs may not be moved from one facility to another unless contractor submits a request three (3) working days in advance with adequate justification, to the MSC TC-E HR Site Manager for approval.
The Contractor shall provide a single room night rate per day, including all applicable taxes in the composite rate.
The Government estimates 40,150 single room nights to be utilized during the contract period base year. This is only an estimate. The Government is only liable for and will only pay for the actual number of rooms used by the authorized CIVMARs.
HOTEL RESERVATIONS
Reservations may be made in advance of arrival of the hotel guests by the MSC designated POC. If reservations are made in advance, every effort shall be made by the Contractor to provide a room within one hour of arrival. To the extent possible, the Government will make every effort to provide advance reservations. Occasionally there will be late arrivals and every effort shall be made by the Contractor to accommodate those authorized CIVMARs arriving late.
When the MSC designated POC submits a request for a hotel reservation, the request will indicate if the CIVMAR will be arriving after 6 p.m., and if so, will also provide the CIVMARs flight/arrival information. The hotel reservation will be marked “late arrival”, if the arrival is for 6 p.m. or later.
The hotel will hold reservations made until 6 p.m. on the date of arrival, which is industry standard. If the CIVMAR does not arrive by 6 p.m., and the hotel reservation has not been marked as “late arrival”, the hotel reservation will be cancelled by the hotel. If a CIVMAR reports to the hotel after a reservation has been cancelled, or as a walk-in who did not have a reservation, the contractor must still provide the CIVMAR a hotel room at either the primary or one of the overflow hotels.
CIVMARs reporting to the hotel without a reservation will report to the primary hotel. If the primary hotel cannot accommodate the CIVMAR, and after proper credentials are shown to indicate they are an MSC CIVMAR, the contractor will advise the CIVMAR which hotel can accommodate their stay, by contacting the hotel and making the reservation, which will all be relayed to the MSC TC-E HR Site Manager the following morning. CIVMARs reporting without a reservation are responsible for their own transportation from the primary hotel to an overflow hotel.
DINING
The Contractor shall provide dining facilities for breakfast, lunch and dinner or there must be dining facilities within one half of a mile from the primary and each of the overflow hotels, including quick service restaurants and/or full service restaurants. In the event the on-site dining facilities are closed for breakfast, lunch, and/or dinner, there must be dining facilities within one half of a mile from the hotels (primary and overflow) which are open for service. Food Services located within the hotel facility (eating and drinking establishments and vending machines operated in conjunction with a hotel) shall be operated in compliance with Federal, State and Local Regulations.
FIRE AND SAFETY
Contractor shall provide verification that establishment is listed on the current Hotel-Motel National Master List as required by PL101-391.
Contractor shall have a policy in place at the primary hotel and overflow hotels which address how to handle medical emergencies, defined as any situation which jeopardizes an individual’s well being and/or threats to his/her life (Cardiac/Respiratory Arrest, Unconscious Individual or any Conscious Person in Acute Distress). Emergency telephone numbers shall be posted in each hotel room. Hotel must have a first aid kit available at the front desk. Contractor shall be responsible for notifying the MSC TC-E HR Site Manager within 5 minutes if an authorized CIVMAR is transported to a hospital. Contractor will provide to the MSC TC-E HR Site Manager the CIVMAR’s name, room number, position, date, time, and the name of the emergency transport vehicle that transported the CIVMAR to the hospital. Contractor shall provide security cameras at entry/exit points and lobby area at the primary hotel and overflow hotels.
PREVENTION OF ILLEGAL ACTS
Contractor shall not permit gambling, drug use or sales, or illicit acts within his or her establishment. In the event an illegal act occurs, the Contractor shall provide a copy of the police report regarding the incident to the COR and Contracting Officer.
LIABILITY
The Government shall not assume expenses incurred other than those prescribed in the contract. The government will not be responsible for hotel expenses for any rooms issued without the required proper identification at registration as required by MSC (See “DOCUMENTATION”). The CIVMAR will assume responsibility for any additional expenses incurred for personal use and entertainment, (i.e., telephone use, pay per view cable television movies and/or sports broadcasts, alcoholic beverage, or other extra hotel amenity charges). The CIVMAR shall be directly responsible for such expenses and shall make payments directly to the hotel or motel. Damage to the hotel facility by the CIVMAR is the sole responsibility of the individual CIVMAR. The Contractor’s desk clerk and/or the manager on duty shall explain this requirement for personal liability to the CIVMARs upon check-in.
SAFEGUARDING VALUABLES
The Contractor shall provide a means of storing and safeguarding (safe or vault) small, high value personal property of the occupants. Each authorized CIVMAR occupant shall be notified at check-in that the hotel or motel will provide this service free of cost to the occupant. If the occupant elects to use this service, the hotel or motel is responsible for safeguarding small high value personal property. Safe deposit boxes will be provided in each hotel room occupied by a CIVMAR.
HEALTH AND SANITATION
The Primary lodging facility and overflow facilities shall be subject to inspection and approval by the COR any time after contract award and the Source Selection Evaluation Board (SSEB) prior to award. The lodging facilities shall have ready for examination all inspection approvals, certificates, licenses, and permits required by federal, state and local laws, rules and regulations, dealing with the operation of an establishment providing lodging and serving food/beverages to the public. All inspections, approvals, certificates, licenses and permits must be valid at the time of examination and remain so for the duration of contract agreement.
The Virginia Department of Health (DOH) Transient Lodging Inspection Report, being a public document, shall be available for public disclosure to government officials at all times.
Unannounced random habitability sanitation inspections may be conducted by the MSC POC, Alternate Contracting Officer’s Representative (ACOR), COR or Contracting Officer throughout the life of the contract to ensure compliance as specified in this contract. Additional inspections without notice will be conducted in response to complaints filed with the MSC medical department or MSC Contracting Office and COR, which directly affect the health and safety of the CIVMARs.
If the Primary hotel and/or overflow hotels are required by Department of Health (DOH) to cease operations, under the provisions of the law, the contractor shall report these findings to the Contracting Officer or COR immediately.
Primary hotel and overflow hotels are required to have emergency battery lighting on stairwells, lobby areas, common areas, and hallways. Should a substantial and imminent health hazard be declared by the Agency and/or DOH at the primary or overflow facilities, including but not limited to substantial power outage, water damage, fire damage, sewage backing up into food preparation and service areas, lack of refrigeration or lack of water, the contractor shall immediately notify the MSC POC, and advise hotel’s plan to transfer all authorized CIVMARs to one of the other approved facilities under contract until operations are resumed and authorized by DOH. A follow-up sanitation inspection may be conducted by MSC to confirm that health hazards have been eliminated and the contractor shall provide the government with a copy of the authorization to resume operations from state and local agencies as required.
All of the authorized CIVMARs shall be entitled the same housekeeping standards as any other hotel guest. Limited housekeeping due to extended length of stay is not an option. All authorized CIVMARs who decline housekeeping in excess of two (2) consecutive days shall be reported to the MSC POC.
PARKING
Space shall be provided for an estimated 2-3 Government vehicles or officially hired rental cars at no cost to the Government. Free parking shall be provided for all authorized CIVMARs staying at the hotel.
MAIL DISTRIBUTION
Mail shall be available for distribution daily at the front desk to authorized CIVMARs.
B. TRANSPORTATION
To and from the Training Center The Contractor shall provide each authorized CIVMAR staying at the primary and overflow hotel(s) transportation to MSC Training Center and transportation back to the hotel on a daily basis whenever classes are scheduled, including weekends and Federal holidays, if required. The Contractor shall provide a single trip transportation rate per day, including all applicable taxes in the composite rate. However, generally, the U.S. Government is tax exempt. At a minimum, there will be at least 2 single trips each day (one from the hotel to the Training Center in the morning, and one from the Training Center back to the hotel in the afternoon). There could be times when more than one single trip is required each way, i.e. CIVMARs returning to the hotel in the afternoon in two or more groups based on class schedule.
The Contractor shall provide a round trip transportation rate per day, including all applicable taxes in the composite rate. However, generally, the U.S. Government is tax exempt.
The Contractor shall be responsible to coordinate travel arrangements on a daily basis with the MSC POC in sufficient time to ensure timely logistical arrangements.
The Contractor shall have a sufficient size and or number of vehicles to support the required timeframes of arrival and departures. All vehicles must be climate controlled with properly operating air conditioning and heating systems.
The Contractor shall obtain the daily pick up and drop off schedule from the MSC TC-E HR Site Manager or MSC POC. For planning purposes, the Contractor shall be available for drop offs in the morning and pickups in the afternoon on each day when needed.
Most trips to and from the primary and overflow hotels will occur Monday through Friday. There may be requirements to provide transportation for the authorized CIVMARs on weekends and Federal Holidays. This will be coordinated by the MSC POC in advance as needed.
DBIDS base access passes must be obtained by company providing transportation. DBIDS passes must be obtained within two (2) weeks of contract award.
The Government estimates the total number of single trips for transportation between the hotel(s) and the Training Center is 1750 single trips per year during the contract period base year. This is only an estimate. The Government is only liable for and will only pay for the actual number of single trips made between the hotel(s) and the Training Center that are provided by the contractor. All authorized CIVMARs will present a valid US Government Common Access Card (CAC) prior to being authorized transportation to/from Training Center East Hampton Roads.
C. DOCUMENTATION
IDENTIFICATION OF CIVMARS
The first day a CIVMAR checks in the hotel, the Contractor shall verify the identity of the person by his/her photo identification (ID) card to ensure MSC employment. Two valid and current forms of identification are required: (1) Merchant Mariner Document/Credential (MMD/MMC); and (2) Government Common Access Card (CAC).
DAILY SIGN IN ROOMING ROSTER
The Contractor shall maintain a daily Sign-In Record containing the name, permanent position, and signature for each CIVMAR assigned under the contract. The MSC POC will coordinate the proper format and requirements for submission upon award of contract. The CIVMARs must sign by their name daily for each day they occupy a room during that week. The Contractor shall fax or scan a copy of the daily sign in sheets to the designated MSC POC. Methods of collection and maintenance of sensitive information for the daily sign-in record must be in accordance with the Privacy Act of 1974.
TRANSPORTATION LOG
The contractor shall maintain a daily transportation log, which logs each trip and includes hotel, date, time, number of passengers, and destination to and from. A copy of each daily log for the respective billing periods must be included with each invoice submitted for payment. Invoices shall be submitted on a weekly or bi-weekly basis.
D. RENOVATION AND MAJOR CONSTRUCTION OF HOTEL FACILITY
The contractor shall not lodge CIVMARs under the contract at a hotel facility that is under renovation and/or undergoing a major construction project. The contractor shall provide adequate lodging at the designated and approved overflow hotel facilities during such period. The determination as to whether improvements to the hotel facility constitute a renovation and/or major construction project shall be left to the discretion of the COR and/or the Contracting Officer.
ADDENDUM
Addendum to 52.212-1 INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS
I. General Instructions
Offerors shall submit proposal in three separate volumes:
Volume I: Price Proposal Volume II: Technical Proposal Volume III: Past Performance Proposal
Volumes I, II and III shall each be presented on or before the closing date and time provided in Box #8 of the SF 1449 of the solicitation in separate sealed binders marked for Solicitation N3220520R4097. Proposals shall be mailed or hand carried as one (1) hardcopy original, two (2) hardcopies of the original, and in a CD version. Proposals not in conformance with this requirement may be deemed unacceptable.
Prior to the time of solicitation closing date, offerors’ shall submit to the address specified in Block 9 (Attn: Efrem Mason). Offerors shall complete Blocks 17, 24 and 30a, b, and c of SF 1449 and include the completed SF 1449 in the Volume I: Price Proposal.
By submission of an offer, Offeror agrees that its offer, including any timely revisions thereto, shall remain valid until the Government makes award under this solicitation. The foregoing does not preclude an Offeror from withdrawing its offer prior to award.
Offeror’s questions in response to the solicitation must be submitted to the Contract Specialist in writing via email to efrem.mason@navy.mill no later than 3:00 pm EST Friday, 27 November 2020. The Contract Specialist or his/her technical representative shall not accept verbal requests for information.
Proposals must be only hand delivered or mailed directly to Efrem Mason, the sole designated representative. No electronic means of submission, used in whole or in combination with E-mail is permitted.
Proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed 1449 and any amendments, which must be included in a proposal as scanned .pdf files. Offerors are advised that the Government is unable to receive any types of electronic files. To be timely, a proposal must be received in its entirety to the designated representative by the due date and time for proposal submission.
| Military Sealift Command |
| Attention: Efrem Mason, N102D |
| 471 East “C” St, BLDG SP-64 |
| Norfolk, VA 23511 |
Access to Naval Station Norfolk is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed proposals may encounter unpredictable and lengthy routing delays. In all cases, Offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission.
Volume I: Price The offeror’s proposed price will be evaluated on the basis of price fair and reasonableness using price analysis techniques in accordance with FAR 15.404-1(b).
Price proposals will be due on the closing date of the RFP. Offerors are required to complete the SF 1449 and schedule of services. A separate unit price and extended price must be submitted for each contract line item number (CLIN) including the base period and all option periods. An offeror’s representations and certifications, i.e. reps and certs, shall be included in the price proposal. Offerors are encouraged to register their representations and certifications online at https://www.sam.gov/ and provide confirmation in the price proposal of the registration, as opposed to providing a hard copy of the representations and certifications.
The Contractor shall provide a fully burdened single room rate for each CLIN, including, but not limited to, direct costs, indirect costs, profit and applicable taxes. However, generally the U.S. Government is tax exempt.
Volume II: Technical Proposal
The Technical Evaluation Board (TEB) shall evaluate the Technical Proposal as a factor for award for both the prime facility and the overflow facilities. In addition, an on-site inspection will be conducted by the Contract Officer Representative (COR), Union Representative and a Source Selection Board Member for each offeror's prime and overflow facilities prior to contract award for the purposes of validating select portions of the Technical Proposal. Evaluation criteria for technical proposals are listed below. Subfactors I, II and III are of equal importance.
The Technical Proposal shall not exceed 300 text pages and must demonstrate an understanding of the ability to meet all of the requirements covered in the Performance Work Statement. The proposal should demonstrate how the offeror will comply with the Government’s requirements throughout the performance period. Data previously submitted or presumed to be known, i.e., description of previous contracts for the Government, cannot be considered as a part of the proposal, unless physically incorporated into the proposal.
1. Ensure you fill out the attached Lodging Check-list Technical Requirements (Attachment 1)by placing a check in each box for compliance, which means you can meet the requirement. Comment as necessary
1. Your proposal must contain all items required below for both the prime facility and the overflow facilities.
SUBFACTOR I: GENERAL REQUIREMENTS OF PRIMARY AND OVERFLOW HOTELS
1. Provide a current copy of your AAA 3 Diamond hotel rating certification for the primary and overflow facilities.
1. Provide name and address of the primary facility and at least two overflow facilities. The hotels can be at different locations; however, each facility must be located within a twenty-five (25) mile driving radius of MSC Training Center East Hampton Roads (TC-E HR) located at Building 650, 667 Monroe Avenue, Fort Eustis VA 23604.
1. Provide twenty-five (25) mile driving radius justification of each hotel facility using www.mapquest.com website.
1. Provide commute time to and from each hotel facility not to exceed one hour each way during normal peak traffic hours.
1. Provide statement that each hotel facility will not be separated from the base by a tunnel.
1. Provide the distance in miles from each hotel facility to the nearest public transportation designated stop. If designated stop is not within 1/8 miles, advise how the facility will transport the CIVMARS to the nearest public transportation designated stop and provide schedule, or advise if lodging facility will provide round trip shuttle service within a five (5) mile driving radius and provide schedule.
1. Provide number of rooms at each facility, size of rooms, and how many rooms are designated smoking and non-smoking rooms.
1. Provide a statement that each CIVMARs guest room will be equipped with a microwave and refrigerator, at no additional charge.
1. Provide a statement that at least three (3) functional washers and at least three (3) functional dryers will be provided on-site at each facility.
1. Provide a statement that each facility will provide free local telephone calls.
1. Provide a statement that each facility will provide a free, functional internet connection in each room.
1. Provide a statement that each facility will not be under construction or major renovation during the base performance period and all option periods.
1. Provide a statement that each CIVMAR will remain in the same hotel facility from the day they check in until they check out, with the exception of those moves at the request of the MSC POC based on availability of contractor.
1. Provide statement that dining facilities are available on premises for breakfast, lunch, and dinner and the restaurant dining hours, or that dining facilities are within one half mile of each hotel facility, and the names, address, and distance from hotel and the dining hours of these eating establishments.
1. Provide a statement that if the onsite dining facilities should be closed, that the MSC POC will be notified.
1. Provide statement that parking will be provided at each facility at no charge to each mariner staying at the hotel.
1. Provide a statement that no hotel blackout dates will be used during the period of performance.
1. Provide statement that each facility will provide an on-site Business Center.
SUBFACTOR II: PRIMARY AND OVERFLOW HOTELS’ FIRE AND SAFETY POLICIES AND
PROCEDURES
1. For Fire and Safety Issues, provide verification (Print Out) that establishments are listed on the current Hotel- Motel National Master List as required by PL101-391 http://www.usfa.dhs.gov/applications/hotel
2. Provide plan for each facility to ensure prevention of illegal acts within establishment.
3. Provide security plans, methods and equipment used at each facility. Address security of personal property, personal rooms, access to interior of building and grounds, and lighting of interior and exterior passageways and grounds.
4. Provide statement that safe deposit boxes will be in each hotel room occupied by a CIVMAR within two weeks of being awarded the contract.
5. Provide policies and procedures regarding overnight guests of MSC CIVMARS who could be staying in the room (including additional charges, if any).
6. Provide a copy of each hotel’s policy which addresses handling medical emergencies, defined as any situation which jeopardizes an individual’s well-being and/or threats to his/her life (Cardiac/Respiratory Arrest, Unconscious Individual or any Conscious Person in Acute Distress).
7. Provide statement that emergency telephone numbers shall be posted in each hotel room.
8. Provide statement that hotel will have a first aid kit available at the front desk.
9. Provide statement that contractor will notify MSC within 5 minutes if an authorized CIVMAR has been transported to a hospital. Provide statement that contractor will provide the TC-E HR Site Manager the CIVMARs name, room number, position, date, time, and the name of the emergency transport vehicle that transported the CIVMAR to the hospital.
10. Provide statement that security cameras will be positioned at entry/exit points and lobby area at the primary hotel and overflow hotels.
SUBFACTOR III: HEALTH AND SANITATION OF PRIMARY AND OVERFLOW FACILITIES
** All inspections, approvals, certifications, licenses and permits must be valid at the time of examination.
1. Provide each facility’s housekeeping practices and a statement that CIVMARS shall be entitled the same housekeeping standards as any other hotel guest. Provide list of the services provided in daily housekeeping cleaning.
2. Provide copy of Pest Control Service Inspection Report issued within the past 2 months for each facility.
3. Provide copy of most current Department of Health (DOH) Inspection/Evaluation Report for each hotel facility for –
a. Hotel - Transient Lodging Establishment Evaluation Report
b. Restaurant – Foodservice Establishment Evaluation Report
c. Swimming pool - Recreational Water Establishment Evaluation Report
4. Provide statement that primary and overflow hotels have emergency battery lighting on stairwells, lobby areas, common areas, and hallways, and how long the emergency battery lighting will be available during a power outage.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a single Indefinite Delivery - Requirements contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Factor 1: Price Factor 2: Technical Factor 3: Past Performance
0. Factor 1: Price. To determine the lowest priced offeror, the Government will use the Total Evaluated Price inclusive of all options. Price analysis techniques will be used to determine price reasonableness. Materially unbalanced offers may not be considered for award. In order to be considered for award, the proposed price must be determined to be fair and reasonable.
0. Factor 2: Technical. Proposals will be evaluated to determine that the offeror meets the minimum capability requirements using the ratings and descriptions outlined below:
| Adjectival Rating |
| Description |
| Acceptable |
| Proposal meets the requirements of the solicitation. |
| Unacceptable |
| Proposal does not meet the requirements of the solicitation. |
As part of a technical pre-award survey the Government reserves the right to inspect the offeror’s proposed properties prior to award, to determine that the proposal meets the acceptability standards in the solicitation. If, upon inspection, the Government determines that the offered properties do not meet the acceptability standards, the property will be found technically unacceptable.
0. Factor 3: Past Performance.
The past performance evaluation will assess the offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each offeror as part of its proposal and the Government’s assessment and evaluation of other sources of information. Other sources of information for past performance may include, but are not limited to, Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Report System (ESRS), other databases, questionnaires and interviews.
(1) The Government will consider the recency and relevancy of past performance information compared to the requirements detailed in the PWS, the source of the information, the context of the data and general trends in the offeror’s performance and any associated risk.
(2) The Government will consider the company itself, predecessor companies, key personnel who have relevant experience and subcontractors who will perform major or critical aspects of the requirement.
The Government reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Government reserves the right to contact references for verification or additional information and the right to consider other relevant past performance information. The Government may call customers, whether or not provided by the offeror, to inquire about the offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds with the information provided by the offeror. The burden of providing thorough and complete past performance information remains with the offeror.
In accordance with FAR 15.305(a) (2) (iv), an offeror without a record of relevant past performance or for whom information on past performance is not available, will not be evaluated favorably or unfavorably on past performance.
Past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings outlined below:
| Adjectival Rating |
| Description |
| Acceptable |
| Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below) |
| Unacceptable |
| Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort. |
NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”
The Government intends to evaluate offers and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2. The term “technical” refers to all non-price considerations. The technical factor and past performance will be evaluated on an acceptable/unacceptable basis. Award will be made to the responsible lowest price, technically acceptable offeror with acceptable past performance. An unacceptable rating in any non-price factor may render the entire offer unacceptable and ineligible for award. Technical tradeoffs will not be made and no additional credit will be given for exceeding the minimum requirements of the solicitation.
(a) As LPTA source selection procedures are being used in this acquisition, technical and past performance, when combined, are less important than cost or price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(d) If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(End of provision)
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 40,150 |
| Each |
CIVMAR HOTEL LODGING TC-E, HR
FFP
CONTRACTOR TO PROVIDE COMMERCIAL LODGING SERVICES FOR AN ESTIMATED 50 TO 110 ROOMS PER NIGHT (40,150 ROOMS MAX - 110 ROOMS PER DAY X 365DAYS / 18,250 ROOMS MIN – 50 PER DAY X 365)) FOR THE CIVILIAN MARINERS (CIVMARS) ASSIGNED TO MILITARY SEALIFT COMMAND (MSC) TRAINING CENTER EAST HAMPTON ROADS (TC-E HR), VA. THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
BASE YEAR: 1 OCTOBER 2021 – 30 SEPTEMBER 2022.
FOB: Destination V231
ESTIMATED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1,750 |
| Each |
CIVMAR TRANSPORTATION COST TC-E, HR
FFP
THE GOVERNMENT ESTIMATES THE TOTAL NUMBER OF TRIPS REQUIRED FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND MSC TRAINING CENTER-EAST HAMPTON ROADS (TC-E HR), LOCATED AT BUILDING 650, 667 MONROE AVENUE, FORT EUSTIS, VA 23604 IS 1750 MAX / 730 MIN (2 TRIPS PER DAY X 365). THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
BASE YEAR: 1 OCTOBER 2021 – 30 SEPTEMBER 2022.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 40,150 |
| Each |
| OPTION |
| CIVMAR HOTEL LODGING TC-E, HR |
FFP
CONTRACTOR TO PROVIDE COMMERCIAL LODGING SERVICES FOR AN ESTIMATED 50 TO 110 ROOMS PER NIGHT (40,150 ROOMS MAX: 110 ROOMS PER DAY X 365 DAYS / 18,250 ROOMS MIN: 50 PER DAY X 365)) FOR THE CIVILIAN MARINERS (CIVMARS) ASSIGNED TO MILITARY SEALIFT COMMAND (MSC) TRAINING CENTER EAST HAMPTON ROADS (TC-E HR), VA. THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 1: 1 OCTOBER 2022 – 30 SEPTEMBER 2023.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1,750 |
| Each |
| OPTION |
| CIVMAR TRANSPORTATION COST TC-E, HR |
FFP
THE GOVERNMENT ESTIMATES THE TOTAL NUMBER OF TRIPS REQUIRED FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND MSC TRAINING CENTER-EAST HAMPTON ROADS (TC-E HR), LOCATED AT BUILDING 650, 667 MONROE AVENUE, FORT EUSTIS, VA 23604 IS 1750 MAX / 730 MIN (2 TRIPS PER DAY X 365). THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 1: 1 OCTOBER 2022 – 30 SEPTEMBER 2023
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 40,260 |
| Each |
| OPTION |
| CIVMAR HOTEL LODGING TC-E, HR |
FFP
CONTRACTOR TO PROVIDE COMMERCIAL LODGING SERVICES FOR AN ESTIMATED 50 TO 110 ROOMS PER NIGHT (40,260 ROOMS MAX: 110 ROOMS PER DAY X 366 DAYS / 18,300 ROOMS MIN: 50 PER DAY X 366)) FOR THE CIVILIAN MARINERS (CIVMARS) ASSIGNED TO MILITARY SEALIFT COMMAND (MSC) TRAINING CENTER EAST HAMPTON ROADS (TC-E HR), VA. THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 2: 1 OCTOBER 2023 – 30 SEPTEMBER 2024.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1,750 |
| Each |
| OPTION |
| CIVMAR TRANSPORTATION COST TC-E, HR |
FFP
THE GOVERNMENT ESTIMATES THE TOTAL NUMBER OF TRIPS REQUIRED FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND MSC TRAINING CENTER-EAST HAMPTON ROADS (TC-E HR), LOCATED AT BUILDING 650, 667 MONROE AVENUE, FORT EUSTIS, VA 23604 IS 1750 MAX / 732 MIN (2 TRIPS PER DAY X 366). THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 2: 1 OCTOBER 2023 – 30 SEPTEMBER 2024
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 40,150 |
| Each |
| OPTION |
| CIVMAR HOTEL LODGING TC-E, HR |
FFP
CONTRACTOR TO PROVIDE COMMERCIAL LODGING SERVICES FOR AN ESTIMATED 50 TO 110 ROOMS PER NIGHT (40,150 ROOMS MAX: 110 ROOMS PER DAY X 365 DAYS / 18,250 ROOMS MIN: 50 PER DAY X 365)) FOR THE CIVILIAN MARINERS (CIVMARS) ASSIGNED TO MILITARY SEALIFT COMMAND (MSC) TRAINING CENTER EAST HAMPTON ROADS (TC-E HR), VA. THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 3: 1 OCTOBER 2024 – 30 SEPTEMBER 2025.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1,750 |
| Each |
| OPTION |
| CIVMAR TRANSPORTATION COST TC-E, HR |
FFP
THE GOVERNMENT ESTIMATES THE TOTAL NUMBER OF TRIPS REQUIRED FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND MSC TRAINING CENTER-EAST HAMPTON ROADS (TC-E HR), LOCATED AT BUILDING 650, 667 MONROE AVENUE, FORT EUSTIS, VA 23604 IS 1750 MAX / 730 MIN (2 TRIPS PER DAY X 365). THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 3: 1 OCTOBER 2024 – 30 SEPTEMBER 2025
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 40,150 |
| Each |
| OPTION |
| CIVMAR HOTEL LODGING TC-E, HR |
FFP
CONTRACTOR TO PROVIDE COMMERCIAL LODGING SERVICES FOR AN ESTIMATED 50 TO 110 ROOMS PER NIGHT (40,150 ROOMS MAX: 110 ROOMS PER DAY X 365 DAYS / 18,250 ROOMS MIN: 50 PER DAY X 365)) FOR THE CIVILIAN MARINERS (CIVMARS) ASSIGNED TO MILITARY SEALIFT COMMAND (MSC) TRAINING CENTER EAST HAMPTON ROADS (TC-E HR), VA. THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 4: 1 OCTOBER 2025 – 30 SEPTEMBER 2026.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1,750 |
| Each |
| OPTION |
| CIVMAR TRANSPORTATION COST TC-E, HR |
FFP
CIVMAR TRANSPORTATION COST TC-E, HR
THE GOVERNMENT ESTIMATES THE TOTAL NUMBER OF TRIPS REQUIRED FOR TRANSPORTATION BETWEEN THE HOTEL(S) AND MSC TRAINING CENTER-EAST HAMPTON ROADS (TC-E HR), LOCATED AT BUILDING 650, 667 MONROE AVENUE, FORT EUSTIS, VA 23604 IS 1750 MAX / 730 MIN (2 TRIPS PER DAY X 365). THE UNIT PRICE/ROOM RATE SHALL INCLUDE ALL FEE, CHARGES AND APPLICABLE TAXES.
OPTION 4: 1 OCTOBER 2025 – 30 SEPTEMBER 2026
ESTIMATED
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Origin |
| Government |
| Origin |
| Government |
| 0002 |
| Origin |
| Government |
| Origin |
| Government |
| 1001 |
| Origin |
| Government |
| Origin |
| Government |
| 1002 |
| Origin |
| Government |
| Origin |
| Government |
| 2001 |
| Origin |
| Government |
| Origin |
| Government |
| 2002 |
| Origin |
| Government |
| Origin |
| Government |
| 3001 |
| Origin |
| Government |
| Origin |
| Government |
| 3002 |
| Origin |
| Government |
| Origin |
| Government |
| 4001 |
| Origin |
| Government |
| Origin |
| Government |
| 4002 |
| Origin |
| Government |
| Origin |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 01-OCT-2021 TO |
30-SEP-2022
| N/A |
| N/A |
| 0002 |
| POP 01-OCT-2021 TO |
30-SEP-2022
| N/A |
| N/A |
| 1001 |
| POP 01-OCT-2022 TO |
30-SEP-2023
| N/A |
| N/A |
| 1002 |
| POP 01-OCT-2022 TO |
30-SEP-2023
| N/A |
| N/A |
| 2001 |
| POP 01-OCT-2023 TO |
30-SEP-2024
| N/A |
| N/A |
| 2002 |
| POP 01-OCT-2023 TO |
30-SEP-2024
| N/A |
| N/A |
| 3001 |
| POP 01-OCT-2024 TO |
30-SEP-2025
| N/A |
| N/A |
| 3002 |
| POP 01-OCT-2024 TO |
30-SEP-2025
| N/A |
| N/A |
| 4001 |
| POP 01-OCT-2025 TO |
30-SEP-2026
| N/A |
| N/A |
| 4002 |
| POP 01-OCT-2025 TO |
30-SEP-2026
| N/A |
| N/A |
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| JUN 2020 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| JUN 2020 |
| 52.203-18 |
| Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation |
| JAN 2017 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| AUG 2020 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| JUN 2020 |
| 52.212-2 |
| Evaluation - Commercial Items |
| OCT 2014 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.216-21 |
| Requirements |
| OCT 1995 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 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 |
| SEP 2013 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| DEC 2019 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.204-7016 |
| Covered Defense Telecommunications Equipment or Services -- Representation |
| DEC 2019 |
| 252.204-7017 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation |
| DEC 2019 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| DEC 2019 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 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 |
| 252.215-7008 |
| Only One Offer |
| JUL 2019 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.225-7050 |
| Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism |
| DEC 2018 |
| 252.225-7974 (Dev) |
| Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005) |
| FEB 2020 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| APR 2019 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.237-7023 |
| Continuation of Essential Contractor Services |
| OCT 2010 |
| 252.237-7024 |
| Notice of Continuation of Essential Contractor Services. |
| OCT 2010 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or…
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