RFQ H9225723Q0011 - Strategic Communications Course.pdf

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Strategic Communications Course Federal contract opportunity
Solicitation number
H92257-23-Q-0011
Issued by
United States Special Operations Command

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RFQ: H92257-23-Q-0011 Page 1 of 24

FOR OFFICIAL USE ONLY

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the content of this information is prohibited.

This is a COMBINED SYNOPSIS/SOLICITATION for a Strategic Communications Course for the Marine

Forces Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Part 12 and 13.5 as supplemented with additional information in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92257-23-Q-0011.

All interested parties may submit a quote which shall be considered by the agency.

This is a non-personal services contract. The Government shall not exercise any supervision or control over contractor personnel performing the services herein. Such contract service providers shall be accountable solely to the Contractor. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2022-07, (effective August 10, 2022) and the DFARS Publication Notice

(DPN) 20221028. The Product Service Code (PSC) for this requirement is U008. The associated North American

Industrial Classification System (NAICS) code for this requirement is 611430. The proposed acquisition is set aside for Small Business.

TYPE OF CONTRACT. The Government intends to award a single Firm Fixed Price (FFP) type contract as a result of this solicitation.

The Government reserves the right and may award based solely on information contained in the quote. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical and price quote in their initial submission. The contract shall be awarded on an all or none basis, do not submit partial quotes. All quotes submitted shall be the offeror’s Best Quote as it is the Government's intent to entertain one (1) final quote only; this includes any discounts on volume. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

Offerors must scrutinize this solicitation and ensure their quotes and submissions comply with all requirements. It is not sufficient to merely state your quote complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements.

RFQ: H92257-23-Q-0011 Page 2 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

Section B – Supplies or Services

ORDERING PERIOD: 1 JANUARY 2023 - 31 DECEMBER 2026

ITEM NO SUPPLIES/SERVICES MAX QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

Strategic Communications Course

Ordering Period 1

1 January 23 – 31 December 24

Each

FFP

FOB: Destination

PURCHASE REQUEST NUMBER:

PSC CD: U008

1001 Strategic Communications Course

Ordering Period 2

1 January 24 – 31 December 25

5 Each

2001 Strategic Communications Course

Ordering Period 3

1 January 25 – 31 December 26

5 Each

TOTAL:

RFQ: H92257-23-Q-0011 Page 3 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

AMOUNT

MAXIMUM

1 15

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

0001 1

RFQ: H92257-23-Q-0011 Page 4 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Government Government Government Government

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

1001 Government Government Government Government

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

1002 Government Government Government Government

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items NOV 2021

52.219-9 Small Business Subcontracting Plan OCT 2022

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-2 Service Of Protest SEP 2006

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

RFQ: H92257-23-Q-0011 Page 5 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

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

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

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

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7012 Preference For Certain Domestic Commodities APR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items and Commercial

Components

JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

RFQ: H92257-23-Q-0011 Page 6 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

"will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

RFQ: H92257-23-Q-0011 Page 7 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

RFQ: H92257-23-Q-0011 Page 8 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

RFQ: H92257-23-Q-0011 Page 9 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any

RFQ: H92257-23-Q-0011 Page 10 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the

RFQ: H92257-23-Q-0011 Page 11 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or

State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

RFQ: H92257-23-Q-0011 Page 12 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

ADDENDUM 52.212-1

Quote Preparation and Submission Instructions.

(1) All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is 12:00 PM

Eastern Standard Time (EST) on 2 December 2022. Responses will be provided via solicitation/RFQ amendment. No direct exchanges between the technical representative and a prospective Offeror shall be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be submitted via email to: Betty

Gonzalez, beatriz.gonzalez.civ@socom.mil, and Samuel Williams, samuel.williams1@socom.mil, referencing

RFQ number and company full name in email subject line section.

(2) Quotes must be received no later than 12:00 PM Eastern Standard Time (EST) on 19 December 2022.

Quotes received after this timeframe shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for Award

Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes. All quotes must be submitted via email, no other form of submission will be accepted. Quotes shall be emailed to: Betty Gonzalez, beatriz.gonzalez.civ@socom.mil, and Samuel Williams, samuel.williams1@socom.mil.

Offerors must provide the following information in their quote: UEI #, CAGE CODE #, and TIN #

For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 10 MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping. Recommend Vendors confirm receipt of emailed quotes by contacting the

MARSOC Contracting Office (Betty Gonzalez at beatriz.gonzalez.civ@socom.mil) NLT 24 HRS after their emailed quote submittal.

All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt.

mailto:beatriz.gonzalez.civ@socom.mil mailto:samuel.williams1@socom.mil http://www.sam.gov/ mailto:beatriz.gonzalez.civ@socom.mil mailto:samuel.williams1@socom.mil mailto:beatriz.gonzalez.civ@socom.mil

RFQ: H92257-23-Q-0011 Page 13 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

(3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the

Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR

52.212-2, incorporated below.

(4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

Quote Format and Content

Electronic quotes shall contain separate files for each of the (4) volumes. Individual emails shall not exceed 10

MB. The quote page format will be 8 1/2” x 11” except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”. A page is defined as one face of a sheet of paper containing information. Type shall not be less than 10 pitch. Elaborate formats or color presentations are not desired or required. Failure to provide all required documents may render the quote unacceptable. Quote submission requirements are the following:

The evaluation will consist of an evaluation of the Qualifying Criteria and the Factors outlined below. After completion of the evaluation, the Government may establish a competitive range and conduct discussions.

The Government reserves the right for efficiency purposes to only include the most highly rated proposals in the competitive range. The Government intends to award a single award as a result of this solicitation.

Proposals shall not contain classified information.

The evaluation will consist of an evaluation of the Introduction (Volume I) (Qualifying Criteria) and the Factors outlined below. After completion of the evaluation, the Government may establish a competitive range and conduct discussions. The Government reserves the right for efficiency purposes to only include the most highly rated proposals in the competitive range. The Government intends to award a single award as a result of this solicitation.

Proposals shall not contain classified information.

Qualifying Criteria (Volume I): All listed qualifying criteria submissions will be evaluated on a pass or fail basis. The qualifying criteria shall be submitted in accordance with the instructions contained in this solicitation.

Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring

"corporation" name, also provide such identity, as appropriate.

- The Offeror’s Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.

- Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.

- Fill-In Clauses: provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract.

- Terms and Conditions: The Offeror must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.

- Specific Quote validity period (required minimum is 60-days).

- Contractor provided facility within 200 miles Stone Bay Camp Lejeune, NC.

Factor I Technical (Volume II): This volume shall be prepared in accordance with the evaluation criteria below, Evaluation Factors for Award. Quotes shall address the Offeror’s technical capabilities to accomplish the work by providing specific narrative details and/ or description of actual methods, processes and procedures for providing

RFQ: H92257-23-Q-0011 Page 14 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the the services described in Attachment 1 – Statement of Work. General statements that the Offeror understands the requirement and shall comply with the requirements of the RFQ will be considered inadequate. Offerors are cautioned not to rephrase or restate the Government’s requirements in the quote, but furnish convincing narratives describing “how” they intend to meet these requirements. The Offeror shall limit the Technical Volume to 10 pages (individual resumes shall be limited to 2 pages, and resumes do not count towards page limit). Two (2) copies of Volume II are required, a complete - Company specific copy, and a ‘redacted’ copy. THE REDACTED

COPY OF VOLUME II MUST REMOVE ALL COMPANY SPECIFIC LOGOS, OR NAMES THAT

SPECIFICALLY TIE THE VOLUME TO A COMPANY.

Factor II Past Performance (Volume III): Offerors shall provide at least three (3) prior or current contracts/agreements for similar scoped projects performed during the previous three (3) years. The submitting offeror should submit relevant and recent past performance similar in scope and magnitude in this combined synopsis/solicitation. Include contract/agreement number, period of performance, reference name, reference telephone number, reference e-mail, and contract/agreement information. The Government will evaluate each offeror’s past performance on the basis of the references provided during the past three years previous (recent) and the relevance to the work that will be required under the resultant contract. Vendor format is acceptable. The Past

Performance (Volume III) shall be limited to 10 pages.

Recent and Relevant Contracts. Recent is defined as an action within the past three (3) years. Relevancy will be determined based on contract references reflecting past and present performance over the past three (3) years which is relevant to scope and magnitude of the requirement contain in this synopsis/solicitation, and attached

SOW.

Factor III Price (Volume IV): All line items will be reviewed for price reasonableness. All quotes submitted shall be the Contractor’s Best Pricing. Submitted quotes must reflect unit prices, extended amounts, and an overall order total.

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: Qualifying

Criteria, Technical, Past Performance, and Price. Qualifying Criteria will be evaluated first on a

Pass/Fail basis. If the quote does not pass, no further evaluation will be conducted, and the quote will not be considered for award. Factor 1 – Technical will be evaluated next. If the quote is rated Unacceptable/Red, Past Performance and Price will not be evaluated, and the quote will not be considered for award.

(b) The Government intends to award a Firm Fixed Price type contract to the responsible vendor whose overall quote represents the best value after evaluation in accordance with the factors in the solicitation. To arrive at a selection decision, the Contracting Officer will perform an integrated assessment using the evaluation factors described in this solicitation. This may result in awards being made to the higher rated, potentially higher priced quote(s) where the decision is consistent with the evaluation factors. This is a competitive, best value trade-off selection that will be conducted in accordance with (IAW) with FAR parts 12 & 13, as supplemented by the

Defense Federal Acquisition Regulation Supplement (DFARS) and Special Operations Federal

Acquisition Regulation Supplement (SOFARS). The following factors will be used to evaluate quotes and are in descending order of importance; Technical, Past Performance and Price. The order of importance for the evaluation factors is 1) Technical, 2) Past Performance, and 3)

Price. When combined, Technical and Past Performance are significantly more important than price.

(i) Factor I: Technical: The offerors approach to performing contract requirements and its capability to successfully perform the contract in accordance with Statement of

RFQ: H92257-23-Q-0011 Page 15 of 24

This document may contain operationally sensitive information and should be viewed only by personnel having an official

"need to know". If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the

Work. Evaluation of this factor will focus on the strengths, weaknesses and deficiencies of the quote.

a. Technical Ratings – The following ratings will be applied to Factor 1 during evaluations. These ratings will also be assigned as an overall evaluated rating of the quote.

Technical: Combined Color/ Risk Ratings

Color Adjectival

Rating

Description

Blue Outstanding

Proposal demonstrates an exceptional approach and understanding of the requirements, contains multiple strengths and / or at least one significant strength, and risk of unsuccessful performance is low.

Purple Good

Proposal demonstrates a thorough approach and understanding of the requirements and contains at least one strength or significant strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable

Proposal demonstrates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal

Proposal has not demonstrated an adequate approach and understanding of the requirements, and / or risk of unsuccessful performance is high.

Red Unacceptable

Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and is un-awardable, and / or risk of performance is unacceptably high.

(ii) When conducting evaluations of Factor 1, the below definitions will be utilized:

Finding Definition

Significant

Strength

An aspect of an Offeror’s proposal with appreciable merit or will exceed specified performance or capability requirements to the considerable advantage of the

Government during contract performance.

Strength An aspect of an offeror's proposal with merit or will exceed specified performance or capability requirements to the advantage of the Government during contract performance.

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant

Weakness

A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency

A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

(iii) Factor 2: Past Performance. The Government will evaluate Past Performance based on the submission required in the provision 52.212-1 identified above. In addition to the offeror’s past performance submission the government may use the data available in the Contractor Performance Assessment Reporting System (CPARS) during this evaluation.

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