RFQ FA282322QA016.pdf

The Operational Contracting Division, Air Armament Center, Eglin AFB, FL intends to solicit, negotiate, and award a Firm-Fixed Price contract for Industrial Environmental Control and Filtration System Maintenance at Corrosion Control Buildings 72 and

455. This acquisition is under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; a quotation is being requested, and a written request for quotation will not be issued. This solicitation is issued as Request for Quotation (RFQ) FA2823-22-Q-A016. The North American Industry Classification System (NAICS) code for this acquisition is 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance, with a small business size standard of $8M. Please identify your business size in your response based upon this standard. This is a 100% Small Business Set-Aside. Offerors will be evaluated on a Best Value basis. This requirement is for:

THIS IS A LOCAL AREA SET-ASIDE: ALL OFFERORS MUST HAVE THEIR TECHNICIAN WITHIN A 5.5 HOUR

RADIUS FROM EGLIN AFB, FL IN ORDER TO BE CONSIDERED FOR AWARD.

CLIN 0001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 22 November 2021. Period of Performance 01 May 2022 – 30 April 2023. Qty: 12 months

CLIN 0002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 22 November 2021. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a quote for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $35,000 per year. Period of Performance 01 May 2022 – 30 April 2023. Qty: 1 Job

CLIN 1001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 22 November 2021. Period of Performance 01 May 2023 – 30 April 2024. Qty: 12 months

CLIN 1002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 22 November 2021. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a quote for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $35,000 per year. Period of Performance 01 May 2023 – 30 April 2024. Qty: 1 Job

CLIN 2001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 22 November 2021. Period of Performance 01 May 2024 – 30 April 2025. Qty: 12 months

CLIN 2002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 22 November 2021. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a quote for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $35,000 per year. Period of Performance 01 May 2024 – 30 April 2025. Qty: 1 Job

CLIN 3001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 22 November 2021. Period of Performance 01 May 2025 – 30 April 2026. Qty: 12 months

CLIN 3002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 22 November 2021. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a quote for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $35,000 per year. Period of Performance 01 May 2025 – 30 April 2026. Qty: 1 Job

CLIN 4001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 22 November 2021. Period of Performance 01 May 2026 – 30 April 2027. Qty: 12 months

CLIN 4002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 22 November 2021. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a quote for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $35,000 per year. Period of Performance 01 May 2026 – 30 April 2027. Qty: 1 Job

Offer Submission: Offerors are to complete the required representations listed in Attachment #7 and return with their offer. Offeror shall submit their offers utilizing the pricing workbook labeled Attachment #6. Offerors shall provide any necessary literature in order to determine technical acceptability in accordance with the Performance Work Statement and is limited to 5 pages. Offerors shall provide resumes for key personnel and are limited to 3 pages for each person. For the purposes of this RFQ a page is defined as one side. Offerors shall provide information regarding relevant past performance and are limited to 5 pages. Offerors shall provide up to 5 Past Performance questionnaires (See example Attachment #8). See evaluation process in FAR 52.212-2 below.

Offer Evaluation: Evaluation of quotes will occur using the Lowest Price Technically Acceptable (LPTA) approach with Past Performance. See FAR 52.212-2 Evaluation -- Commercial Items for evaluation process.

The following provisions are incorporated in this notice by reference and are those in effect through Federal Acquisition Circular 2022-04 effective 30 Jan 2022, and DFARS Change 12/30/2021 effective 01 Jan 2022:

FAR 52.204-22 Alternative Line Item Proposal;

FAR 52.212-1 Instructions to Offerors- Commercial Items;

FAR 52.212-4 Contract Terms and Conditions--Commercial Items;

FAR 52.217-3 Evaluation Exclusive of Options;

FAR 52.217-5 Evaluation of Options;

FAR 52.237-1 Site Visit DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials;

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls;

The following clauses are incorporated in this notice by reference and are those in effect through Federal Acquisition Circular 2022-04 effective 30 Jan 2022, DFARS Change 12/30/2021 effective 01 Jan 2022, and AFAC 2021-0726 effective 26 Jul 2021:

FAR 52.203-3 Gratuities;

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions;

FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights;

FAR 52.217-8 Option to Extend Services;

FAR 52.223-5 Pollution Prevention and Right-to-Know Information;

FAR 52.228-5 Insurance-Work on a Government Installation;

FAR 52.229-3 Federal, State, and Local Taxes;

FAR 52.232-39 Unenforceability of Unauthorized Obligations;

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors;

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation;

FAR 52.242-13 Bankruptcy;

FAR 52.246-4 Inspection of Services - Fixed Price;

DFARS 252.201-7000 Contracting Officer's Representative;

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials;

DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights;

DFARS 252.204-7003 Control of Government Personnel Work Product;

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting;

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

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

DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism;

DFARS 252.217-7028 Over and Above Work;

DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials;

DFARS 252.223-7008 Prohibition of Hexavalent Chromium;

DFARS 252.225-7012 Preference for Certain Domestic Commodities;

DFARS 252.225-7048 Export-Controlled Items;

DFARS 252.225-7052 Restriction on Acquisition of Certain Magnets and Tungsten;

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports;

DFARS 252.232-7010 Levies on Contract Payments;

DFARS 252.243-7001 Pricing of Contract Modifications;

DFARS 252.243-7002 Requests for Equitable Adjustment;

DFARS 252.244-7000 Subcontracts for Commercial Items;

DFARS 252.246-7003 Notification of Potential Safety Issues;

DFARS 252.246-7008 Sources of Electronic Parts;

DFARS 252.247-7023 Transportation of Supplies by Sea;

AFFARS 5352.223-9001 Health and Safety on Government Installations

The following provisions are incorporated in this notice and are those in effect through Federal Acquisition Circular 2022-04 effective 30 Jan 2022, DFARS Change 12/30/2021 effective 01 Jan 2022, and AFAC 2021-0726 effective 26 Jul 2021:

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (NOV 2021)

(a) The Government will award a 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:

1. BASIS FOR CONTRACT AWARD

1.1. This competitive acquisition will utilize Best Value procedures with Past Performance. This acquisition is under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, FAR Part 13, Simplified Acquisition Procedures, as supplemented, and the evaluation process and criteria set forth in this solicitation.

1.2. Offerors are cautioned to submit sufficient information, in the format specified in FAR 52.212- 1, Instructions to Offerors – Commercial Items, of this solicitation to enable the evaluator(s) to fully ascertain each Offeror’s capability to perform all the requirements contemplated by this solicitation. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, exhibits, attachments, and Performance Work Statement. Offerors may be asked, at the discretion of the Government, to provide additional information for clarification. However, award may be made without holding any additional discussions. The Offeror’s initial quote should reflect their best effort.

2. AWARD SPECIFICS

2.1. The Government intends to award one (1), single source, Firm-Fixed Price contract with one (1) base year and four (4) option years.

2.3. Offers must be valid for ninety (90) days after solicitation response date. 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.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Failure to meet a requirement risks rejection.

2.4. The Offeror’s quotes shall, as a minimum, address each of the following factors separately as they apply to the Performance Work Statement. All quotes will be evaluated using the following criteria. The quote must include a comprehensive and expanded explanation of how each of the following factors would be satisfied. Merely restating or parroting Performance Work Statement or provisions is not acceptable.

3. EVALUATION FACTORS

3.1. A detailed and complete analysis of each Offeror’s quote will be performed. The Government’s evaluation will be based on the following factors:

Factor 1: Technical (Acceptable/Unacceptable) Factor 2: Price Factor 3: Past Performance (Acceptable/Unacceptable)

Technical and Past Performance, when combined, are approximately equal to Price.

3.2. Quote Evaluation: The evaluation process will be accomplished as follows: Each Offeror’s quote shall be evaluated based on the factors/subfactors below, to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Performance Work Statement and its attachments, and demonstrates a thorough knowledge and understanding of those requirements and their associated risks.

3.3 FACTOR 1 – TECHNICAL

A. Technical Acceptability. The Government Technical evaluation team shall evaluate the Technical quotes on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. Those Offerors deemed technically unacceptable will not be evaluated further. The Offeror’s Technical quote shall demonstrate a sound plan for accomplishing work requirements identified in the PWS with the appropriate experienced personnel within a 5.5 hour radius from Eglin AFB, FL. Offerors shall provide resumes of key personnel demonstrating their experience with electrical and mechanical workings of similar heavy equipment. Limit to three (3) pages each resume. Offerors shall also provide up to five (5) pages of a technical quote detailing any company processes that will ensure a smooth contract performance and also details any wholesale agreements or manufacturer partnerships that the offeror has established.

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

3.4 FACTOR 2 – PRICE

A. Price Evaluation. Offers will be ranked according to their Total Evaluated Prices (TEPs). In order to calculate TEP Offerors shall provide prices in the Pricing Workbook (Attachment #6).

For each contract year, Offerors shall propose a unit price for the monthly preventative maintenance CLIN, an hourly labor rate for over and above maintenance in the worksheet titled ‘Section B’. All labor costs shall be fully burdened and include overhead and profit. Please note that there are five separate years within the worksheet. The Total Evaluated Price will be calculated by summing the Section B worksheet totals for each year (to include a 6 month extension) with the mileage summation in the worksheet tiled “TEP”. The Pricing Worksheet (Attachment #6) will automatically calculate the Total Evaluated Price based on the Offeror’s price inputs.

B. The Offeror’s proposed CLIN and Option CLIN prices will be automatically calculated in the TEP worksheet after the Offeror inputs prices.

C. Evaluation of Options: For the purposes of the award of this contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows:

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the Price of any possible extension or extensions under FAR 52.217-8 to the total Price for the basic requirement and the total Price for the priced options has the same effect on the total Price of all quotes relative to each other, and will not affect the ranking of quotes based on Price, unless, after reviewing the quotes, the Government determines that there is a basis for finding otherwise. Evaluation of options shall not obligate the Government to exercise such options. The Offeror must submit pricing for each year in order to be considered acceptable.

D. Reasonableness: Normally, Price reasonableness is established through adequate price competition, but may also be determined using one or more of the techniques defined in FAR 15.404. Once the Contracting Officer has determined that adequate price competition exists the Price fair and reasonableness will be evaluated, at a minimum, based on the comparison of the Offeror’s overall TEP with all other competitive Offerors’ overall TEPs received in response to the solicitation.

E. Rejection of Unbalanced Offers: Offeror’s Price quote will be evaluated to determine if unbalanced pricing exists. Unbalanced pricing exists when, despite an acceptable total evaluated Price, the Price of one or more contract line items is significantly over or understated as indicated by application of Price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

3.5 FACTOR 3 – PAST PERFORMANCE

A. Offerors are to provide past performance information and any completed questionnaires/letters of recommendation from previous customers. The evaluation team will also use the Contractor Performance Assessment Reporting System (CPARS) and other available information. The evaluation team shall seek recent and relevant performance information on all Offerors based on (1) the past and present efforts provided by the Offeror and (2) data independently obtained from other Government, commercial and other sources.

The Government will perform a Past Performance evaluation and determine a Performance Confidence Assessment rating. The Past Performance evaluation assesses the degree of confidence the Government has in the Offeror’s ability to successfully perform the requirements of this effort. The evaluation considers recency, relevancy and quality.

1. Recent Definition: Ongoing contracts with a performance history and contracts completed within three (3) years from the issue date of this solicitation.

2. Relevancy Definition: Relevancy is defined as contracts involving type of services and work elements described in the attached Performance Work Statement dated 22 November 2021. Performance of work efforts such as repair and maintenance actions on air intakes, dampers, motors, transformers, burners, fans, soft starts, bearings, environmental filtration systems, and air make-up units (AMUs). It also includes performance of vibration analysis and infrared thermography to meet the requirements that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation and Performance Work Statement.

B. The Government evaluation team shall evaluate the Offeror’s Past Performance to assess the Offeror’s ability to perform the effort described in this RFQ, based on the Offeror’s demonstrated present and Past Performance. The Government will conduct a Past Performance evaluation rating based upon Past Performance of the Offerors as it relates to the probability of successfully performing the solicitation requirements. This evaluation will include the contractor’s record of (i) conforming to the Performance Work Statement and contract requirements, (ii) management of the project, (iii) reasonable and cooperative behavior and performance and commitment to customer satisfaction, and (iv) quality control. This rating represents the Government evaluation team’s judgment of the probability of an Offeror successfully accomplishing the proposed effort, based upon the Offeror’s demonstrated present and Past Performance. The rating may be determined initially, or as a result of discussions. The rating process will result in an overall Past Performance evaluation rating of Acceptable, Unacceptable or Neutral. This past performance evaluation shall include special emphasis on the following areas that will be evaluated:

C. Offerors with no recent and relevant past or present performance history or the Offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Neutral," meaning the rating is treated neither favorably nor unfavorably. Definitions for Performance Confidence Assessments and Relevancy are as defined below:

Past Performance Evaluation Ratings 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.

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.

No Recent/Relevant Past Performance: 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.”

D. SOURCES OF PAST PERFORMANCE INFORMATION

QUESTIONNAIRES OR LETTERS OF RECOMMENDATION: Offerors shall provide their Past Performance questionnaires or letters of recommendation from previous customers, and are limited to five (5) references. Attachment #8 is an example questionnaire that may be used, but is not required.

GOVERNMENT SYSTEMS: Past Performance information may be obtained from established systems such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases;

and may be obtained from other sources available to the Government.

ADDITIONAL PAST PERFORMANCE INFORMATION: Offerors may provide up to three (3) additional pages of relevant details regarding predecessor companies or key personnel. Offerors submitting Past Performance information regarding predecessor companies, key personnel, or subcontractors, are highly encouraged to provide sufficient details regarding them to allow the Government to fully evaluate the relative value of the information. For example: how is the Past Performance of a predecessor company, key personnel, or subcontractor recent and relevant to the determination of this Offeror’s ability to perform THIS contract.

What will the level of involvement of “key personnel” be on this contract effort? Provide full details of any subcontractor’s involvement on this work effort. However, Past Performance regarding predecessor companies, key personnel who have recent and relevant experience, or subcontractors that will perform major or critical aspects of the requirement will NOT be rated as highly as Past Performance information for the principal Offeror. The information is not mandatory and does not have to meet the recency definition that the questionnaires or letters of recommendation do.

4.0 EVALUATION

4.1. Initially, all offers will be evaluated for Technical acceptability.

4.2. Next, all technically acceptable offers will be ranked according to TEP, lowest to highest.

4.3. The lowest priced, technically acceptable offer will be evaluated for an acceptable Past Performance rating. If the lowest priced, Technically acceptable offer is judged to have an acceptable Past Performance Evaluation Rating that Offeror represents the Best Value for the Government and the evaluation process stops at this point. Award will be made to that Offeror without further consideration of any other offers.

4.4. If the lowest TEP Technically acceptable offer is not determined to be reasonable, or is not judged to have an acceptable Past Performance Evaluation Rating, the next lowest TEP offer will be evaluated. The process will continue in sequential order until an acceptable Offeror whose Price is reasonable and is judged to have an Acceptable Past Performance Rating has been found; that Offeror represents the Best Value for the Government and the evaluation process stops at this point. Award will be made to that Offeror without further consideration of any other offers.

4.5. Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offeror’s may be asked to clarify certain aspects of their quote (for example, the relevance of Past Performance information) or respond to adverse Past Performance information to which the Offeror has not previously had an opportunity to respond. Adverse Past Performance is defined as Past Performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for quote revision.

5.0 CLARIFICATIONS, DISCUSSIONS, AND NEGOTIATIONS

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. In accordance with FAR 15.306, Offerors may be asked to clarify certain aspects of their quote (for example, relevance of Past Performance information).

Communications (Clarifications) conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for quote revision. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Discussions or negotiations may be conducted with all Offerors in the competitive range, if a competitive range determination is made. Offerors may be required to participate in telephone or virtual discussions.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option (s).

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

(END OF PROVISION)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency , and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from John M. Riffe, 308 West D Ave. Bldg 260 Ste. 130 Eglin

AFB, FL 32542.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(END OF PROVISION)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address:

https://www.acquisition.gov/

(END OF PROVISION)

FAR 52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

1. Provision FAR 52.212-2 has been altered to include submission instructions instead of just evaluation information;

2. Clause FAR 52.212-5 under FAR 52.222-42 Statement of Equivalent Rates added classification and rate information (Should not be by reference only since it requires data to be provided); and

3. Clause AFFARS 5352.242-9000 was changed to submit the base access paperwork to the Contracting Officer Representative instead of the Contracting Officer.

(END OF PROVISION)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(END OF PROVISION)

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

“Basic Assessment”, “Medium Assessment”, and “High Assessment” have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

“Covered contractor information system” has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to mailto:webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to

SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract—

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

System Security Plan

CAGE Codes supported by this plan

Brief description of the plan architecture

Date of assessment

Total Score Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User’s Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and protect any such documentation as “Controlled Unclassified Information (CUI)” and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

(END OF PROVISION)

DFARS 252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES—REPRESENTATION

(DEVIATION 2021-O0003) (APRIL 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a quote to maintain or establish a computer network unless such network is designed to block access to pornography websites.

(END OF PROVISION)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020)

(a) Definitions. As used in this provision—

“Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means—

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror—

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(END OF PROVISION)

The following clauses are incorporated in this notice and are those in effect through Federal Acquisition Circular 2022-04 effective 30 Jan 2022, DFARS Change 12/30/2021 effective 01 Jan 2022, and AFAC 2021-0726 effective 26 Jul 2021:

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS- COMMERCIAL ITEMS (JAN 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 products and commercial services:

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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].

__ (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. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (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 (Nov 2020) (15 U.S.C. 644).

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

X_ (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 (Nov 2021) (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 (Sep 2021) 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 (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (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 (Jan 2022) (E.O.13126). SEE DEVIATION BELOW 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).

X_ (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 (Nov 2021) (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).

X_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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.)

__ (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.

__ (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).

__ (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.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) 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 (Feb 2021) (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 (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (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).

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

__ (62) 52.242-5, Payments to Small Business…