Request for Proposal for Armored Vehicle.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES 1331L520R13OS0016

REQUEST FOR PROPOSAL: ARMORED SUBURBAN PASSENGER VEHICLE

REQUEST FOR PROPOSAL:

1331L520R13OS0016

ARMORED SUBURBAN PASSENGER VEHICLE

FOR

OFFICE OF FACILITIES AND ENVIRONMENTAL QUALITY

(OFEQ), OFFICE OF THE SECRETARY

Table of Contents

1.0 Instructions and Notices for Offerors

1.1 Addenda to 52.212-1, Instructions to Offerors–Commercial

1.2 52.212-1 Instructions to Offerors—Commercial Items (JUN 2020)

2.0 Communications and Questions

2.1 Solicitation Communications and Questions

2.2 1352.233-70 Agency protests (APR 2010)

2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

3.0 Proposal Organization

3.1 Section 1 Technical Volume

3.2 Section 2 Past Performance Volume

3.3 Section 3 Price Volume

4.0 Evaluation Factors

4.1 1352.213-70 Evaluation utilizing simplified acquisition procedures (APR 2010)

5.0 Solicitation Provisions and Clauses:

5.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JUL 2020)

5.2 52.216-1 Type of Contract (APR 1984)

5.3 52.252-2 Clauses Incorporated by Reference (Feb 1998)

5.5 1352.201-72 Contracting Officer’s Representative (COR) (APR 2010)

5.6 1352.209-72 Restrictions Against Disclosure (APR 2010)

5.7 1352.209-73 Compliance with the Laws (APR 2010)

5.8 1352.209-74 Organizational Conflict of Interest (APR 2010)

5.9 1352.228-70 Insurance Coverage (APR 2010)

5.10 1352.231-71 Duplication of Effort (APR 2010)

5.11 Delivery Date

6.0 Attachments

1.0 Instructions and Notices for Offerors

1.1 Addenda to 52.212-1, Instructions to Offerors–Commercial

This Request for Proposal (RFP) will result in a firm fixed price purchase order. This proposal is 100% set-aside for small business. The associated North American Industry Classification System (NAICS) code is 336112, Light Truck and Utility Vehicle Manufacturing, with a small business size standard of 1,500 employees.

Your response to the RFP must be received by the Government as indicated below.

Proposals shall be submitted by email in electronic format to:

Hard copies will not be accepted.

In response to this Request for Proposal (RFP) the Offeror shall prepare a detailed proposal for meeting all stated requirements and comply with the following limitations and characteristics:

• Do not include marketing materials

• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)

• Submission shall be provided in electronic format

• Arial size 11 font or Times New Roman 12 font shall be used with Arial size 9 font or Times New

Roman 10 font permitted for tables and graphics.

• Offers shall be submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, or in text searchable PDF format, as applicable.

• Proposals shall be subdivided into sections as follows: Section 1 Technical Proposal, Section 2 Past

Performance Information, Section 3 Price Proposal.

o Combined, sections 1 and 2 of the proposal shall be limited to a total of twenty pages (20).

A cover letter/page, table of contents, blank page section dividers, and resumes for Key Personnel are excluded from this total page count.

Agency Contacts:

Contract Specialist:

Aimee Clark

202-482-1558 aclark@doc.gov

Contracting Officer: Jon Gofus 202-482-6521 jgofus@doc.gov

Questions: 11:00 AM Eastern Standard Time (EST) on August 14, 2020.

Proposal Due Date: 11:00 AM Eastern Standard Time (EST) on August 20, 2020. Proposals shall be valid for 90 calendar days.

o Section 3 of the Proposal has no page limits.

• Two separate electronic files shall be submitted for the Proposal sections as follows:

o One file consisting of both Section 1, Technical Proposal and Section 2, Past Performance Information;

o One file consisting of Section 3, Price Proposal;

The government requires all contractors doing business with the government to be registered with the System for Award Management (SAM). For additional information and to register in SAM, a free service, please access the following website: www.sam.gov 1-866-606-8220. In order to register with SAM and to be eligible to receive an award, all offerors must have a Dun & Bradstreet number, which may be acquired free of charge by contacting Dun & Bradstreet on line at http://fedgov.dnb.com/webform or by phone at 1- 866-705-5711. All offerors must have submitted their Representations and Certifications using the on-line Business Partner Network (BPN) at https://www.sam.gov. The BPN is the single source for vendor data for the federal government. Award will not be made to any contractor that is not registered in SAM.

1.2 52.212-1 Instructions to Offerors—Commercial Items (JUN 2020)

(a)The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

https://www.sam.gov/

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers, or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. 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. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile

(202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

2.0 Communications and Questions

2.1 Solicitation Communications and Questions

Communications shall be conducted electronically by e-mail to Contract Specialist with a copy to the Contracting Officer identified in section 1 above.

The due date for communications and questions concerning this RFP is at 11:00am August 14, 2020 Eastern Standard Time (EST). Questions received after the cut-off date will generally not be considered. Any information given to one Offeror concerning this requirement will be furnished at the same time to other prospective Offeror, if that information is necessary in submitting offers, or if lack of it would be prejudicial to the other prospective Offeror.

2.2 1352.233-70 Agency protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

U.S. Department of Commerce, Office of the Secretary Enterprise Services-Acquisition, Room 6521 ATTN: Jon Gofus 14th and Constitution Avenue, NW, Washington, D.C. 20230 Email: jgofus@doc.gov

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

U.S. Department of Commerce Office of the Secretary Enterprise Services-Acquisition, Room A257 ATTN: Anthony Kram 14th Street and Constitution Avenue, NW, Washington, D.C. 20230 Email: akram@doc.gov

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract

Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482–5858.

(End of clause)

2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal

Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482–5858.

(End of clause)

3.0 Proposal Organization

Proposal materials will be organized as follows: Section 1 Technical Volume, Section 2 Past Performance Volume, Section 3 Price Volume. All Volumes are to be clearly separated from the other (i.e, page break, blank page divider, etc.,). Each Offeror shall provide all price information only in the Price Volume. The Technical and Past Performance Volumes shall not contain any price information.

To be acceptable, the proposal must meet all of the constraints set forth in the Requirements Specification.

Submit two (2) electronic files – first with the Technical Volume and Past Performance Volume and the second with the Price Volume.

3.1 Section 1 Technical Volume

The Technical Volume shall not exceed 15 pages for each vehicle proposed. The offeror’s Quality Control Plan as well as vehicle maintenance information, VIN data, and warranty information are not included in the page count. Offerors may propose one or more than one vehicle consistent with FAR 52.212-1(e) (Multiple offers). Each offer submitted will be evaluated separately.

This volume addresses the technical aspects of the requirement. It shall address the offeror’s experience, capabilities and the means proposed to satisfy the requirements stated in the solicitation and attached Requirements Specification.

The Offeror is encouraged to propose any innovative solutions that meet the performance requirements for this procurement and shall set forth any information that the Offeror wishes to bring to the attention of the Government.

The Contractor shall monitor performance in accordance with its commercial Quality Control Plan (QCP).

The Contractor shall implement procedures to identify, prevent, and ensure nonrecurrence of defective services. The Contractor’s QCP is the means by which they will ensure work complies with the requirements of the purchase order. A copy of the Contractor’s Quality Control Plan (QCP) shall be included with their proposal.

The Technical Volume shall document how the vehicle(s) proposed conform with all solicitation Requirement Specifications including the requirements below.

Requirement Proposal Feature Vehicle Type (must be Chevrolet Suburban) New or Used (if used vehicle shall be a 2017 model or newer Color: Black exterior; Black or other dark-colored interior Mileage (0 to 25,000) Engine: V8 Gasoline Transmission: Automatic Ballistic Protection Level (must be at minimum B6) Proposed Delivery Date (identify as days after award)

For each vehicle proposed the Technical Volume shall include pictures of the vehicle that enable assessment of vehicle exterior and interior condition.

The Technical Volume shall also include all maintenance information and Vehicle Identification Number (VIN) data including warranty information as applicable.

3.2 Section 2 Past Performance Volume

This volume addresses the offerors past performance as it relates to the requirement. The past performance volume shall not exceed 10 pages. The offeror shall submit data for past performance for relevant work completed or substantially performed within the past 36 months.

The offeror shall provide documentation outlining relevant past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this solicitation. Non-Government contracts may be used if Government contracts are not available. Offeror may provide performance information of predecessor companies, key personnel who have relevant experience or Subcontractors that will perform major or critical aspects of the requirement when such information is relevant. The documentation shall be submitted in the following format:

• Contract Number, Award Date and Contract type,

• Cost/Price – original awarded AND final (or projected final, if contract is active),

• Delivery Schedule – original AND final (or projected final, if the contract is active),

• Name, telephone number, fax number and e-mail address for the following:

• Contracting Officer (CO)

• Government Technical Representative or COR/COTR

• Identify in specific detail for each contract listed, why or how that effort is considered relevant or similar to the effort required by this solicitation. In determining relevancy, consideration should be given to such things as product/service similarity, size and complexity, contract type, contract environment, division of company proposing, and subcontractor interaction,

• A narrative explanation on each contract listed describing the objectives achieved and any cost growth or schedule delays encountered. For any contracts which did not/do not meet original requirements with regard to cost, schedule, or technical performance, a brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid recurrence,

• A copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror or proposed subcontractor

• Description of any Termination or Termination proceedings for contracts that required work similar to that required by this solicitation. Detail circumstances leading to Termination proceedings and final outcome.

Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested herein remains with the offeror. Proposals that do not contain the information requested by this section are at risk for rejection or a less than acceptable performance rating by the Government. In the case of an offeror without any relevant past performance history, past performance will be evaluated as “neutral.” A neutral rating is neither an advantage nor disadvantage to the Offeror. Offerors with no past performance may provide the equivalent information on company officials and/or personnel proposed for this action.

All past performance comments received will be taken into account and could affect the overall rating.

The overall past performance evaluation is a subjective decision based on the whole of all data received. If the past performance information is negative and the contractor has not previously had an opportunity to provide a response to the government evaluation, the contractor will be given an opportunity to provide rebuttal.

3.3 Section 3 Price Volume

This volume consists of the pricing and business terms associated with the offer to enter into a contract to perform the desired work. The Price Volume does not have page limitations. It includes a completed pricing table using the format provided below. If multiple vehicles are proposed the offeror shall include a separate row for each vehicle.

Item No. Supplies/Service Quantity Unit Price 0001 Armored Suburban Passenger Vehicle in conformance with requirements specifications.

Offeror to insert proposed vehicle make, model and other unique identifier:

1 EA

The offeror shall submit sufficiently detailed information in the price proposal to permit the Contracting Officer and authorized representatives to evaluate the offer for fairness and reasonability.

Additionally, the Price Volume shall include all solicitation amendments acknowledged in accordance with the solicitation and other requested administrative information including certifications such as the certification required at 52.225-2, Buy American Certificate and 52.225-18, Place of Manufacture, etc.

Offeror certifications are a responsibility matter under this solicitation and not related to acceptability or non-acceptability of the offeror’s technical proposal. In this regard the Government reserves the right to obtain any required certification information directly from the offeror in line for award after proposal submission.

The Offeror shall provide to the Government its Most Favored Customer (MFC) pricing. However, if MFC pricing received by the Government is not highly competitive and is not determined to be fair and reasonable, pricing will not be accepted.

4.0 Evaluation Factors

4.1 1352.213-70 Evaluation utilizing simplified acquisition procedures (APR 2010)

The Government will issue a firm-fixed-price purchase order resulting from this request for proposal to the responsible offeror whose proposal results in the best value to the Government, considering both price and nonprice factors using the trade-off method of analysis.

In determining which proposal provides best value to the Government, an integrated evaluation and assessment of offers will be conducted. The evaluation will consist of three factors; Technical, Past Performance and Price. The Technical factor is more important than the Past Performance factor.

When the two non-price factors (Technical and Past Performance) are combined, they are approximately equal to price. In the event of essential equality in the total non-price factor evaluation between one or more offerors price may become more important.

Based upon the results of the integrated assessment of the price and non-price factors, the Government may make an award to other than the lowest-priced offeror or the offeror with the highest technical score if the source selection official determines that to do so would result in the best value to the Government.

For example, more advantageous technical features such as lower mileage, superior condition, more favorable delivery schedule or other technical features demonstrating the capacity to meet or exceed requirements may result in price tradeoffs to determine best value.

Communications may be conducted with the offeror in line for award to ensure that the product and maintenance package offered meet requirements to include provision of supplemental information from the offeror if necessary, to validate technical claims.

Proposals will be reviewed for compliance with instructions and page limitations. Pages exceeding the page limitation will be eliminated from evaluation.

A proposal receiving an “Unsatisfactory” or “Fail” rating in one or more factors may be removed from further consideration for award or continued evaluation.

The Government at its sole discretion reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.

An award will be made on the basis of a best value trade-off.

The following factors will be used to evaluate the proposal.

(1) Technical

The Offeror’s approach to performing the requirements and its capability to successfully perform the work and meet all requirements specifications will be evaluated including the following.

• Extent to which the offeror addresses its experience, capabilities and the means proposed to satisfy the requirements stated in the solicitation and the attached Requirements Specification.

• Extent to which the offeror’s Quality Control Plan addresses procedures to identify, prevent and ensure nonrecurrence of defective services.

• Extent to which the vehicle(s) proposed conform with all product specifications.

• Extent to which the condition of the vehicle(s) can be assessed based on pictures and quality of vehicle condition represented therein.

• Extent to which the proposed delivery schedule meets or exceeds requirements.

• Extent to which the offeror includes maintenance information and Vehicle Identification Number (VIN) data including warranty information as applicable, and the favorability of the information contained therein. The Government may conduct an independent VIN search to validate vehicle information.

(2) Past Performance.

The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

The Government will evaluate the relevant merits of the Offeror's past performance on the basis on its record with its current and former customers. The Government will review the following areas regarding past performance:

• Timeliness – Delivery or Performance

• Responsiveness to problems and new/modified tasking

• Quality of products or services provided

• Cost control

• Compliance with past subcontracting plans/goals (if applicable)

Past Performance will be determined to be relevant if the performance involves work performed within the past three (3) years that is the same or similar in nature, size, and complexity to the services being procured under this solicitation.

The Government reserves the right to assess the past performance of proposed Subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

If an offeror does not have a history of relevant past performance, or indications of unsatisfactory performance in general, the offeror will receive a neutral past performance rating. A neutral rating is an Acceptable rating.

(3) Price.

Proposed prices will be evaluated but not scored. The price evaluation will determine whether the proposed prices are complete and reasonable in relation to the solicitation requirements and market rates.

Proposed prices must be entirely compatible with the technical proposal and consistent with the pricing requirements listed in this solicitation. The Government will rate price based on a ranked order of the Offers received.

5.0 Solicitation Provisions and Clauses:

5.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C.

637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

X (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

X (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

X (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

X (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

X (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

X (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

5.2 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of firm fixed-price purchase order resulting from this solicitation.

5.3 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browsefar

NUMBER TITLE DATE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employee of Whistleblower Rights…