RFQ M00318-23-Q-0012.pdf

SEE ADDENDUM

(No Collect Calls)

M0031823Q0012 07-Apr-2023

b. TELEPHONE NUMBER

808-257-4368

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 24 Apr 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M003189. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JESSICA A. PUGH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCIPAC RCO-HI

BLDG 209 2ND ST

P.O. BOX 63063

KANEOHE BAY HI 96863-3063

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M00318 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCBH-MCAS

MAJ DYLAN MONTAMBO

MARINE AIRCRAFT GROUP 24, HANGER 102

KANEOHE BAY HI 96863

TEL: 808-257-1998 FAX:

808-257-2350FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

481219

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF64

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M0031823Q0012

Section SF 1449 - CONTINUATION SHEET

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2023 TO

31-MAY-2024

N/A MCBH-MCAS

MAJ DYLAN MONTAMBO

MARINE AIRCRAFT GROUP 24, HANGER

KANEOHE BAY HI 96863

808-257-1998 FOB: Destination

M00318

0002 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Chase Plane Services - Base Year

FFP

Daily Rate of Service

PSC CD: V121

NET AMT

0002 58 Hours Overtime - Base Year

FFP

Overtime Hourly

1001 12 Months OPTION Chase Plane Services - OY1

FFP

Daily Rate of Service

1002 96 Hours OPTION Overtime -OY1

FFP

Overtime Hourly

2001 12 Months OPTION Chase Plane Services - OY2

FFP

Daily Rate of Service

2002 96 Hours OPTION Overtime - OY2

FFP

Overtime Hourly

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

ADDENDUM FAR 52.212-1

ADDENDUM TO FAR PROVISION 52.212-1 INSTRUCTIONS TO OFFERORS

1. GENERAL INTENTION. Marine Corps Base Hawaii (MCBH) is issuing a Request for Quotes (RFQ) M00318-23-Q-0012 for the acquisition of Chase Aircraft services for a period of one (1) base year and two (2) option years.

2. PROCUREMENT APPROACH. This commercial procurement is being conducted under FAR Part 12 and Subpart 13.5 as 100% Small Business set-aside.

3. Contractors shall submit only one (1) quote in response to this RFQ. Therefore, the Contractor’s submission should demonstrate the optimal capability in response to the requirements. Quotes for the services to be provided shall be electronically submitted via email to jessica.pugh@usmc.mil by the date and time stated in block 8 of the SF1449. Quotes submitted by any other means will not be accepted.

4. All questions shall be submitted, in writing via e-mail, to Jessica Pugh at jessica.pugh@usmc.mil by 12:00 PM Hawaii Standard Time, 14 April 2023. The Government does not anticipate extending the due date for receipt of quotes, therefore, review the RFQ and these instructions thoroughly to ensure all your concerns/questions can be addressed.

5. Contractors shall submit the following with their quotation:

(a) SF 1449 for M00318-23-Q-0012. A completed and signed copy of the SF 1449 indicating agreement to the provisions and clauses therein. All unit prices should be filled in as well as total prices.

(b) A completed Offeror Representations and Certifications (FAR 52.212-3). The Contractor shall complete only paragraph (j) of FAR 52.212-3 Offeror Representations and Certifications – Commercial Items Alternate I if the Offeror has completed the annual representations and certifications electronically at http://sam.gov. If the Contractor has not completed the annual representations and certificates electronically at the SAM.gov website, the Contractor shall complete only paragraphs (b) through (i) of FAR 52.212-3, 52.204-26, DFARS 252.204-7016, and 252.212- 7000.

(c) Technical Quote. Describe in detail how your company satisfies the technical factors and provide the below requested information per instructions.

(d) Price Quote per instructions below. Prices for CLINs 0001, 1001, and 2001 should be quoted as the Fully Burdened Price, this price should include labor costs and operating costs (i.e. OH, taxes, fuel). Incidental costs (.i.e fuel, routine maintenance) will not be incorporated by a separate CLIN.

(e) Acknowledgement of all solicitation amendments.

6. Format. Contractors shall prepare and submit their response to the solicitation as set forth in Table 1. The titles and contents of the sections are defined in Table 1 of this document, all of which shall be within the required page limits (including all attachments, figures, etc.) and with the number of copies specified in the table. Only electronic copies via email shall be submitted and accepted for evaluation. Quotes shall be prepared using “Arial” or “Times New Roman” 11-point font style on 8½ x 11 inch white paper. Tables and illustrations may use a reduced font style, not less than 8 points. Foldouts are not allowed. Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Contractors should ensure that each page of the original quote provides identification of the submitting Contractor in the header or footer. The prices should be in a separate file. Each volume of the quote shall be clearly marked as to solicitation number, volume number, title of Acquisition and the Contractor's name.

IAW FAR Subpart 4.8, the Government will retain one copy of all submissions.

Table 1 – Required Format for Quote

Volume Title Maximum Total Number of pages

Electronic copies

Format for document Electronic Submission

I Technical Capability *12 1 Original MS Word or .pdf

II Price/Business Quote As required 1 Original

SF 1449

MS Excel spreadsheet *Resumes and any resume attachments will not be counted toward the total number of pages. Also note that any pages beyond the total maximum number of pages will not be evaluated, therefore the information contained within any page beyond the maximum number will not be considered and will be treated as if they were never submitted.

Volume I: Technical Capability

Contractors are expected to present their quote in a thorough yet clear and concise manner with sufficient detail for effective evaluation and for substantiating the validity of stated claims. Contractors shall assume that the Government has no prior knowledge of their abilities and products and will base its evaluation on the information presented in the contractor’s quote. Submission of quotes which are unnecessarily verbose, unclear, disorganized, or difficult to understand, may result in unfavorable consideration. Contractor’s responses to the factors will be evaluated against the evaluation criteria defined in the Evaluation Criteria section of the RFQ.

Content:

The Technical volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity, and coherence are very important. The Technical volume will be evaluated against the evaluation factors defined in Evaluation criteria. The Technical volume should not simply rephrase or restate the Government's requirements; the volume shall provide convincing rationale to address how the Contractor intends to meet the Government’s requirements. Statements such as “the contractor understands, can, or will comply with the PWS,” (including referenced publications, technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable and will negatively impact the contractor’s rating. Contractors shall assume that the Government has no prior knowledge of their capabilities or experience and will base its evaluation on the information presented in the contractor's quote. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Volume I must not include pricing information.

Technical Capability Organization. The Technical volume shall be prepared in an orderly format and in sufficient detail to enable the Government to make a thorough evaluation of the contractor’s technical competence and ability to comply with the PWS. The Technical volume shall be organized according to the following general outline:

Section A - Exceptions/Assumptions (Identification and explanation of any exceptions or deviations.

Additionally, identify any assumptions used in preparing the response)

Section B – Technical Capability

- Section B1 – Sub-factor 1: Safety Plan and Operating Procedures

- Section B2 – Sub-factor 2: Personnel Qualifications

- Section B3 – Sub-factor 3: Aircraft Capabilities and Equipment

Technical Factors – The technical quote shall include, at a minimum, the following information.

Section B1 – Sub-factor 1: Safety Plan and Operating Procedures– Address how the Contractor will provide proposed Safety Plan and Operating Procedures to meet all requirements described in the PWS.

Explain the methods, processes, and techniques that will be used to accomplish the requirements of the contract, what tasks will be performed to fulfill the requirements, any means put in place to correct performance issues, and describe the resources to be used to complete those tasks. Safety Plan shall be no more than five (5) pages. Operating Procedures shall be no more than five (5) pages.

Section B2 – Sub-factor 2: Personnel Qualifications – The narrative shall address the Contractor’s personnel qualifications, required certifications, and experience that fully demonstrate how the contractor is going to meet and manage PWS requirements.

Section B3 – Subfactor 3: Aircraft Capabilities and Equipment — The narrative shall address the Aircraft’s Capabilities in accordance with the PWS.

Volume II – Priced Quote. Contractors are required to complete and submit Fixed Prices per the Standard Form 1449 Continuation Sheet, Contract Line Item Number (CLIN). The unit prices shall include all costs to provide for the services contained in the PWS. The Contractor agrees to hold the prices in its quote firm for 90 calendar days from the date specified for the receipt of the quotes unless another time period is specified in an amendment to the solicitation. The Contractor shall include totals for each CLIN, the base period, each option, and overall total.

The quote shall provide supplemental pricing information that supports the quoted CLIN prices by showing how the prices were derived (i.e. hourly rates, number of hours, number of personnel required).

Supplemental pricing information shall include identification of any and all discounts applied to pricing submitted as part of the priced quote. Failure to follow these instructions may result in the Contactor’s quote being deemed unacceptable by the Government. The Price Volume shall be organized as follows and contain the identified information.

Section A – EXCEPTIONS/ASSUMPTIONS. The contractor shall identify and explain any exceptions or deviations in preparing the Price Quote.

Section B – SCHEDULE.

1) The contractor shall acknowledge any amendments to the solicitation, if applicable, at the beginning of this section.

2) The pricing schedule in Section B of the solicitation shall be submitted fully completed.

3) The Contractor shall provide the name, title, and telephone number of the company/division point of contact regarding decisions made with respect to your quote and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

Section C – SUPPLEMENTAL PRICING INFORMATION.

The quote shall provide supplemental pricing information that supports the quoted CLIN prices by showing how the prices were derived. A complete and detailed price/cost breakdown with all supporting documentation shall be submitted. The price/cost portion shall support the non-price portion. The price/cost portion shall include all elements of cost and such other cost information as considered appropriate to support the contractor’s quote. The cost and pricing information shall be completed in accordance with the following:

1) Separate cost and pricing information shall be submitted for each time period specified in the pricing pages of the solicitation.

2) Supporting data including schedule pricing and any applied discounts. The Discount shall be provided as a monetary value and/or percentage.

3) Since this solicitation and resultant contract are subject to the Service Contract Act (SCA), Contractors shall use the prevailing Wage Determination (WD)/Collective Bargaining Agreement (CBA) rates when establishing direct labor rates in their cost/price quote. WD rates shall not be escalated for option periods as changes to these rates as determined by the Department of Labor will be made in accordance with Federal Acquisition Regulation (FAR) clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts).

Additional Data. Data beyond what is stated in these instructions are not required and shall not be submitted unless it is essential to document or support the Contractor’s price quote. All information relating to the proposed price including required supporting documentation must be included in the section of the quote designated as the Price Quote. Under no circumstances shall this information and documentation be included elsewhere in the quote.

Past Performance - Past Performance will be evaluated for the responsive, technically acceptable quotes. The contractor is not required to submit any information for this evaluation factor. The Government will utilize Contractor Performance Assessment Reporting System (CPARS) to obtain the past performance information. The information evaluated will be based on those services similar in size, scope, and complexity to this acquisition, performed within the last five (5) years preceding the date this solicitation was initially issued.

CLAUSES INCORPORATED BY REFERENCE

52.212-3 Alt I (Dev) Offeror Representations and Certifications - Commercial

Products and Commercial Services (Deviation 2023-O0002) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 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 DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 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 DEC 2022 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(MAR 2003)

DEC 2003

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance

Technical and past performance, when combined, are equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. 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.

ADDENDUM FAR 52.212-2

The Government will award to the responsible contractor whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government will evaluate each contractor’s ability to meet the requirements of the solicitation. The Government will evaluate each contractor’s quoted price for reasonableness. The technical portion of the quote will be evaluated as either acceptable or unacceptable in accordance with the factors stated in the Evaluation Criteria Section of the solicitation. The evaluation factors for the requirement are as follows:

Evaluation criteria consist of three (3) evaluation factors and three (3) subfactors.

Factor 1: Technical Capability Subfactor 1: Safety Plan and Operating Procedures Subfactor 2: Personnel Qualifications Subfactor 3: Aircraft Capabilities and Equipment

Factor 2: Price Factor 3: Past Performance

The Government will issue, if at all, a FFP contract resulting from the solicitation to the responsible Contractor whose quote, conforming to the solicitation, provides the best value to the Government. The Government intends to make an award from initial quotes; therefore, Contractors should provide their most competitive and complete quote assuming there will not be a future opportunity to revise their quote. However, after receipt of quotes the Government reserves the right to (with or without notice) negotiate with and, if desired, seek quote revisions from as many or as few Quoters as it, in its discretion, deems appropriate.

Factor 1: Technical Capability

The Government’s technical evaluation team will evaluate responses to determine if they are either technically acceptable or technically unacceptable (price excluded). In order to be considered technically acceptable, the vendor shall provide a narrative that demonstrates the vendor clearly understands the requirements for Chase Plane services.

Failure to meet the technical criteria will render the response technically unacceptable and will not be considered further for award.

Acceptable Based on the quote, all technical subfactors receive an acceptable rating.

Unacceptable Based on the quote, one, some or all technical subfactors received an unacceptable rating.

Technical Subfactor 1: Safety Plan and Operating Procedures

The narrative shall include as a minimum the following topics:

a. Technical Capability shall be no more than 2 pages and shall demonstrate how the services will be managed to ensure successful execution of the work required in accordance with the Performance Work Statement (PWS).

b. Safety Plan must demonstrate an understanding of FAA Safety regulations and procedural directives outlined in the PWS. Stated services must be provided in manner that demonstrates full compliance with FAA Safety regulations and demonstrate 100% compliance to these operating procedures.

c. The contractor shall provide operating procedures for join up and chase communication procedures, directives for lost communications, loss of visual contact, safety boundary violations, and emergency standard operating procedures.

d. Safety Plan shall be no more than five (5) pages. The Operating Procedures shall be no more than five (5) pages.

Acceptable Based on the quote, the vendor demonstrates their ability to meet PWS requirements with the submitted Technical Capability Statement, within the parameters listed in the evaluation criteria and/or the PWS as appropriate, technical subfactor 1 receives an acceptable rating.

Unacceptable Based on the quote, the vendor does not demonstrate their ability to meet PWS requirements with the submitted Technical Capability Statement, within the parameters listed in the evaluation criteria and/or the PWS as appropriate, technical subfactor 1 receives an unacceptable rating.

Technical Subfactor 2: Personnel Qualifications

a. Qualification standards for all necessary personnel are included in PWS Sections 5, 6, and 7, qualification specifications for observer and pilot.

b. The contractor shall provide a written description of personnel qualifications that fully demonstrate how the contractor is going to meet and manage the PWS requirements, processes, and procedures, including the number of personnel and proposed labor categories.

c. The contractor shall provide resumes of all personnel, to include certifications, and experience IAW Section 5, 6, and 7 of the PWS. All training and certifications required for a position shall be current and attached to the resume or the date identified when they will receive the certification/training, but this shall not be later than 01 May 2023 or it is deemed unacceptable.

d. The contractor shall demonstrate how they intend to address processes and procedures to include:

Description of start-up and demonstrate the ability to be fully staffed and operational by the start date of the contract, to include qualified personnel with the ability to obtain proper background checks, as required.

For evaluation purposes only, utilize 01 June 2023 as the contract start date.

Acceptable Based on the quote, the Government determined the contractor is able to meet PWS requirements with the submitted Personnel Qualifications; technical subfactor 2 receives an acceptable rating.

Unacceptable Based on the quote, the Government determined the contractor did not demonstrate their ability to meet PWS requirements with the submitted Personnel Qualifications; technical subfactor 2 receives an unacceptable rating.

Technical Subfactor 3: Aircraft Capabilities and Equipment

a. The contractor shall provide a written Aircraft Capability Statement IAW PWS section 4 and 11 that fully demonstrates how the contractor’s aircraft will meet the aircraft and equipment requirements.

b. As specified in the PWS, Chase Plane must be able to communicate on two separate frequencies. One frequency shall be set to RPA inter-plane and the other to assigned ATC agencies.

Acceptable Based on the quote, the Government determined the contractor is able to meet PWS requirements with the submitted Aircraft Capability Statement; technical subfactor 3 receives an acceptable rating.

Unacceptable Based on the quote, the Government determined the contractor did not demonstrate their ability to meet PWS requirements with the submitted Aircraft Capability Statement; technical subfactor 3 receives an unacceptable rating.

Factor 2: Price

Only those contractors who receive a Technical Capability rating of acceptable will be considered for price evaluation.

a. Price should be provided on the Standard Form (SF)1449. All amounts shall be rounded to the nearest hundredth decimal place. The lowest total evaluated price quote acceptable for award will be evaluated based on the combined total of the base year and all option periods. If competitive quotes are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness. The Government intends to evaluate quotes and award without discussions; therefore, quotes should be the contractor’s best pricing. Regarding the calculation of pricing, please refer to FAR 52.212-2(b).

The contractor’s price submission to include options will be evaluated. The contractor’s prices for the base period and all option years, to include the Option to Extend Services, 52.217-8 will be evaluated to include any discounts.

b. Options. The Government will evaluate quotes for award purposes by adding the total cost for all options to the total cost for the basic requirement. The Government may determine that a quote is unacceptable if the option costs are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). As part of the price evaluation, the Government will evaluate the Option to Extend Services under FAR Clause 52.217-8 by adding one-half of the contractor’s final option period prices to the contractor's total price. Thus, the contractor's total evaluated price (TEP) for the purpose of evaluation ONLY will include the base period, all option years and half of the price of the second option year. Contractors are required only to price the base period and two options.

Factor 3: Past Performance

Past performance will be evaluated for the responsive, technically acceptable quote(s) and will be evaluated on an acceptable/unacceptable basis. The responsive, technically acceptable quote whose Quoter receives an acceptable Past Performance rating may be considered best value to the Government, price and other factors considered. The Contractors Past Performance Assessment Reporting System (CPARS) will be utilized to review Past Performance.

The past performance evaluation will determine if there is any unsatisfactory past performance for the type of services required under this acquisition. The past performance evaluation performed does not establish, create, or change the existing record and history of the contractor’s past performance. Past performance will be found either acceptable or unacceptable based on information obtained from CPARS for similar services (size, scope, and complexity) to this acquisition performed within the last five (5) years preceding the date this request for quotes (RFQ) was initially issued. Any less than satisfactory rating may be cause for an unacceptable rating.

If a contractor does not have a record of relevant past performance history, the contractor will not be evaluated favorably or unfavorably for its past performance record. Please note that previous Government contract experience is not required.

The Automated Determination of Responsibility (DORA) bot will be utilized in making a determination of responsibility in accordance with FAR Part 9.

Acceptable Based on the contractor’s performance record, the Government has a reasonable expectation that the vendor will successfully perform the required effort, or the contractor’s performance record is unknown.

Unacceptable Based on the contractor’s performance record, the Government does not have a reasonable expectation that the contractor will be able to successfully perform the required effort.

A written notice of award or acceptance of a contractor, mailed or otherwise furnished to the successful contractor within the time for acceptance specified in the contractor, shall result in a binding contract without further action by either party. Before the contractor’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 after award.

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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: [Contracting Officer check as appropriate.]

___ (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. 4655).

___ (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…