Sol_140P3022R0033.pdf

Outdoor Bench Production

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation number for this requirement is 140P3022R0033 and is issued as a request for quotation (RFQ) under the authority of FAR 13.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 – Effective May 26, 2022.

(iv)This acquisition is subject to a small business set-aside. The associated NAICS code is 337124 and small business size standard for this NAICS code is $750 employees.

(v) The Schedule of Items applicable to this acquisition provides a list of contract line item numbers, items, quantities, and units of measure. The pricing portions of this Schedule of Items should be filled out and submitted as part of any quote submitted in response to this combined synopsis/solicitation.

(vi)The National Park Service (NPS) – National Capital Area (NCA) Outdoor Bench Production

(vii) Contractor shall deliver services to the addresses as outlined in the SOW.

(viii) The provision at 52.212-1, Instructions to Offerors—Commercial Items (SEP 2021), applies to this acquisition. The following addendum incorporates these additional provisions:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal JAN 2017 Confidentiality Agreements or Statements – Representation

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Quote JAN 2017 52.211-6 Brand Name or Equal AUG 1999 52.223-1 Biobased Product Certification MAY 2012

FAR 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 or 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— https://acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488 https://acquisition.gov/far/current/html/52_212_213.html#wp1179124 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3

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) Representation. 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(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)

(ix) The provision at 52.212-2, Evaluation—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following is the specific evaluation criteria to be included in paragraph a:

(a) This is a “Best Value” small business set-aside competitive acquisition for the award of a single award task order firm fixed price contract for outdoor bench production for the National Park Service, National Capital Region. The Government will evaluate quotes in accordance with the criteria described herein, and award a firm fixed price indefinite delivery, indefinite quantity contract to the responsible offeror whose quote is determined to represent the overall best value to the Government utilizing the trade-off process described in FAR 15.101-1.

The minimum requirements of the technical and quote evaluation factors for this action are:

TECHNICAL QUOTE

Factor Description I Relevant Experience II Past Performance

The Government will review the quote and rate the quality of each evaluation factor. The SSEB will rate each quote against the specified evaluation criteria in the Solicitation requirements. They will not compare quotes at this time. After all quotes are rated, the Government will compare the ratings and relative advantages and disadvantages of quotes against each other in order to determine which offeror provides the best value to the Government.

After listing quote strengths, weaknesses and deficiencies, the SSEB will assign an adjective rating of “Outstanding,” “Good,” “Acceptable,” “Marginal,” or “Unacceptable” to each factor (except the Past Performance Factor), which reflect the Government's confidence in each offeror's ability, as demonstrated in its quote, to perform the requirements stated in the RFP. The adjectival ratings shall be assigned using the following criteria, which incorporate a quote risk assessment:

RATING DESCRIPTION

Outstanding Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

Risk of unsuccessful performance is no worse than moderate.

Marginal Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

https://acquisition.gov/far/current/html/52_212_213.html#wp1179178

Unacceptable Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable.

PRICE QUOTE

Factor Description III Price Quote

Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of price analysis and comparison to the prices of other offerors and the independent Government estimate. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc, and to evenly distribute indirect costs, such as overhead, etc. to the appropriate contract line items.

If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluations described above.

QUOTE SUBMISSION REQUIREMENTS AND BASIS OF AWARD

1.0 OVERVIEW

1.1. Interested firms or joint venture entities (here after referred to as Offerors) must submit quotes demonstrating their capability to successfully execute the quotes in accordance with the criteria described herein.

1.2. This is a “Best Value” small business set-aside competitive acquisition for the award of a single award task order firm fixed price contract for outdoor bench production for the National Park Service, National Capital Region. The Government will evaluate quotes in accordance with the criteria described herein, and award a firm fixed price indefinite delivery, indefinite quantity contract to the responsible offeror whose quote is determined to represent the overall best value to the Government utilizing the trade-off process described in FAR 15.101-1.

2.0 BASIS FOR AWARD

2.1. The Contracting Officer will award a firm fixed price indefinite delivery indefinite quantity contract to the responsible Offeror whose quote the Source Selection Authority has determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price. All evaluation factors, other than price, when combined are considered significantly more important than price; however the seed task order award may not exceed the funds available for this project. The intent of this solicitation is to obtain the best valued quote. After the Government individually evaluates and rates each quote, the Contracting Officer/Source Selection Authority will compare quotes to determine which quote represents the best value. The Government reserves the right to accept other than the lowest priced offer or to reject all offerors. The Government will not award a contract to an Offeror whose quote contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the Contracting Officer/Source Selection Authority must determine that the added value of a more expensive quote would justify award to that offeror.

3.0 GENERAL INSTRUCTIONS

3.1. The Government intends to evaluate quotes and award a contract without discussions. However, the Government reserves the right to hold discussions if it determines discussions are necessary.

Therefore, quotes should be submitted on the most favorable terms the offeror can submit to the Government. Do not assume offerors will be contacted or afforded an opportunity to clarify, discuss or revise their quotes.

3.2. The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of quote details shall be the sole responsibility of the offeror. The Government may reject incomplete quotes after initial evaluation without further consideration. Complete quotes shall meet the basic requirements identified in the RFP.

4.0 QUOTE INFORMAION AND RELATED EVALUATION FACTORS

TABLE 1: EVALUATION FACTORS

Location Factor Number Description Relative Importance Volume 1 Technical Quote Volume 1, Tab A Factor 1 Relevant Experience Most Important

Factor (slightly more important than Factor 2)

Volume 1, Tab B Factor 2 Past Performance 2nd Most Important Factor (slightly less important than Factor 1, slightly more important than Factor 3)

Location Factor Number Description Relative Importance Volume 2 Price Quote Volume 2, Tab A Factor 3 Price and Quote

Schedule Significantly less important than Factors 1-2 when combined.

5.0 VOLUME 1 – TAB A – FACTOR 1: RELEVANT EXPERIENCE

5.1 SUBMISSION REQUIREMENTS

5.1.1. The offeror shall submit information for up to three (3) projects* that best demonstrates the offeror’s experience on projects that are similar in size, scope, and complexity to this project, as described in the RFP’s Statement of Work. Note: To be considered, the project must have been completed by the offeror, i.e., not the offeror’s subcontractor.

To be evaluated, each project must have been completed or must be substantially complete** by the offeror within five years of the date that quotes are due.

*A maximum of three projects will be evaluated. If an offeror disregards these instructions and submits more than five projects, only the first three projects will be evaluated. Offerors should describe each project with enough detail to ensure that the Government can meaningfully assess the projects against the evaluation criteria described in the RFP.

**Substantially complete is defined as being 50% complete by the date that quotes are due. If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the project is considered at least 50% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 50% complete, the Government reserves the right to reject the project.

Note: The project description submitted for each project shall not exceed one (1) page per project.

5.2 EVALUATION CRITERIA

5.2.1. The Government will evaluate the extent of recent, relevant experience of the contractor as relevant to their role on this project. The Government may place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience. The Government will also evaluate the extent of recent, relevant experience of the bench production contractor as relevant to their role on this project.

In assessing relevancy of Specialized Experience, the relevancy ratings included under the Past Performance evaluation factor will be utilized.

5.2.2. The Offeror must submit the requested information to demonstrate a record of recent, relevant, experience which may include similar state or local government or private counterparts. Recent experience includes projects well underway (see above criteria) or those completed and turned over within five (5) years of the quote issue date for this RFP. Joint Venture partners, if applicable, shall each demonstrate experience commensurate with their role on this project.

5.2.3. The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Contractor Performance Assessment Reporting System (CPARS), other

Government appraisal systems or to interview owners or references. The Government may check any or all cited references to verify supplied information.

To receive credit for extent (amount) of experience, the contractor shall demonstrate a history of recent, relevant experience. Experience of a parent, sister, predecessor or other affiliated company will not be considered if the offeror fails to demonstrate what resources of the parent, sister, predecessor or other affiliated company will be provided or relied upon or fails to demonstrate the existence of a contractual or meaningful relationship with the parent, sister, predecessor or other affiliated company. Experience under a previous business arrangement will not be considered relevant if the firm’s role on the submitted project is not considered relevant to their anticipated role on this project.

5.2.4 The Government will consider extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and local conditions. Some examples of relevancy to this project include:

(a) Size, type of work, and complexity of the work to include previous similar projects;

(b) Dates (well under way or completed no more than five (5) years preceding date of Solicitation); and

(c) Firm's role and extent of work self-performed.

6.0 VOLUME 1 – TAB B – FACTOR 2: Past Performance:

6.1. SUBMISSION REQUIREMENTS

6.1.2 For each project submitted, the offeror also shall provide past performance information:

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, submit it with the quote.

If there is not a completed CPARS evaluation, submit a completed Past Performance Questionnaire (PPQ) for the project, provided as an attachment to this solicitation. Offerors are advised to ensure correct phone numbers and email addresses are provided for the client point of contact. Do not submit a PPQ when a completed CPARS evaluation is available.

• If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before quote closing date, the Offeror should complete and submit with the quote the first page of the PPQ. Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Michelle Shoshone, via email at michelle_shoshone@nps.gov, prior to quote closing date. Offerors shall instruct the clients to refer to the solicitation number in the subject line.

mailto:michelle_shoshone@nps.gov

• PPQs are source selection materials. All successfully submitted PPQs will receive an email confirmation upon receipt. If the offeror does not receive the confirmation, it is the offeror’s responsibility to follow up to ensure the Government has received the information.

6.1.3 Offerors shall not incorporate by reference into their quote PPQs or CPARS previously submitted for other procurements. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Offerors may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including CPARS, using all CAGE/DUNS/UIE numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s quote, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, and any other known sources not provided by the offeror.

6.1.4 While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the offeror.

6.2 EVALUATION CRITERIA

6.2.1 The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. The evaluation method that the Government will use with respect to Factor 2 – Past Performance is detailed below.

There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information).

The first aspect is to evaluate the recency of the offeror’s past performance. For this solicitation, recent projects are those completed or substantially completed (as defined above) within five (5) years of the date that quotes are due.

The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the work required by this RFP. There are four levels of relevancy as shown in the Table below.

Past Performance Relevancy Ratings

Rating Description Very

Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Present/past performance effort involved some of the scope and magnitude Relevant of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

6.2.2 In determining the relevancy of each submitted project, the Government will consider the following:

• The extent to which the submitted project involved producing mockups

• The extent to which the submitted project demonstrates experience manufacturing benches IAW mockup patterns.

• The extent to which the submitted project involved casting up to 800 benches over an extended period of time similar to that listed in the SOW

The third aspect of the past performance evaluation, quality, is to determine how well the offeror performed on its past performance projects.

6.2.3 A final Performance Confidence Assessment rating will be given for this factor based on the assessment of recent and relevant past performance information and the assessment of the quality of past performance on prior contract efforts. The Government will review the past performance information and determine the quality and usefulness as it applies to the performance confidence assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings using the Table below.

Performance Confidence Assessments

RATING DESCRIPTION

Substantial Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will be able to successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

In the case of an offeror without a record of relevant past performance or for which information on past performance is not available, the offeror may receive a Neutral Confidence rating which is neither favorable nor unfavorable; it is considered neutral.

7.0 VOLUME 2 – TAB A – PRICE QUOTE

7.1 SUBMISSION REQUIREMENTS

7.1.1 Submit a properly completed Quote Schedule, containing proposed line item and total pricing. For unit price items, ensure the number of units multiplied by the unit price equals the extended price exactly.

The offeror’s price shall contain all costs to complete the work to include profit, all overhead, labor burden, insurance, adjustments to listed prices, general and administrative expenses, Sub-Contractor mark-up, and all other costs.

7.1.2 Supplemental Price Breakdown. If deemed necessary to evaluate the price quotes, the Government will request a price breakdown of the Contract Line items in Excel format. The Government will provide details on where and how to send the breakdown. This information will not be needed sooner than three (3) working days after the quote submission due date. This information may be required for the initial quote and, if requested, for any revised quotes. This information is not an opportunity for an offeror to revise its non-price or price quote.

7.1.3 Price will be determined by the total price presented in the Quote Schedule, will not be rated or scored, but will be evaluated for fairness and reasonableness using a price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, etc., to the appropriate contract line items. If deemed necessary, the supplemental price breakdown information will be requested and used to assist the Government in performing the price evaluations described above.

7.2 EVALUATION CRITERIA

7.2.1 Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of price analysis and comparison to the prices of other offerors and the independent Government estimate. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc, and to evenly distribute indirect costs, such as overhead, etc. to the appropriate contract line items.

7.2.2 If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluations described above.

8.0 EVALUATION PROCEDURES

8.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

8.1.2 An SSEB will be established to conduct the evaluation of quotes received in response to this solicitation. The evaluation will be based on the content of the quote and any subsequent discussions required, as well as information obtained from other sources, e.g. past performance information. The SSEB will not consider any information incorporated by reference, except as expressly allowed by this solicitation.

8.2. QUOTE EVALUATION

8.2.1. The SSEB will evaluate the quotes and assign a consensus rating for each evaluation factor except that performance confidence ratings are assigned to past performance.

8.2.2. The Government intends to award without discussions. Offerors are cautioned to put forth their best efforts, and to furnish all information clearly to allow the Government to evaluate quotes. Offerors should not assume that they will have an opportunity to clarify or correct anything in their quote after submitting it.

8.2.3. A “Competitive Range” is a subjective determination of the most highly rated quotes in the event that the Government decides that discussions with offerors are required or are considered to be in the Government’s best interests. In such an event, the Contracting Officer will establish a competitive range of all the most highly rated quotes.

8.2.4. If discussions are held, the Government may engage in a broad give and take with those offerors in the competitive range, in accordance with FAR 15.306(d). During discussions, the Government may ask the Offeror to further explain its quote and to answer questions about it.

8.2.5. Upon conclusion of discussions, those offerors still considered the most highly rated, will be afforded an opportunity to submit their quote revisions for final evaluation and selection.

8.3. DEFINITIONS

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

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

Significant Weakness: A flaw in the quote that appreciably increases the risk of unsuccessful contract performance.

Strength: Any aspect of a quote that, when judged against a stated evaluation criterion, enhances the merit of the quote or increases the probability of successful performance of the contract.

Significant Strength: A significant strength appreciably enhances the merit of a quote or appreciably enhances the probability of successful contract performance.

Uncertainty: Any aspect of a non-cost/price factor quote for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the quote indicating that there may have been an error, omission or mistake).

Deviation: Quote implies or specifically offers a deviation below the specified criteria. The offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The quote must conform to the solicitation requirements for award.

8.4 EVALUATION RATING SYSTEM

8.4.1 General: The Government will review the quotes and rate the quality of each evaluation factor. The SSEB will rate each quote against the specified evaluation criteria in the Solicitation requirements. They will not compare quotes at this time. After all quotes are rated, the Government will compare the ratings and relative advantages and disadvantages of quotes against each other in order to determine which offeror provides the best value to the Government.

8.4.2 Review Write-up: The Government will support each rating with a narrative, separately listing all strengths or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

8.4.3 Rating System: After listing quote strengths, weaknesses and deficiencies, the SSEB will assign an adjective rating of “Outstanding,” “Good,” “Acceptable,” “Marginal,” or “Unacceptable” to each factor (except the Past Performance Factor), which reflect the Government's confidence in each offeror's ability, as demonstrated in its quote, to perform the requirements stated in the RFP. The adjectival ratings shall be assigned using the following criteria, which incorporate a quote risk assessment:

RATING DESCRIPTION

Outstanding Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good

Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable

Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

Risk of unsuccessful performance is no worse than moderate.

Marginal

Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable

Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable.

8.5 PAST PERFORMANCE CONFIDENCE ASSESSMENT

8.5.1 Performance Confidence Assessments will assess each offeror's likelihood of success in performing the requirements stated in the RFP based on the offeror's demonstrated performance on recent contracts and the relevance to the effort required under this solicitation. SSEB members and the SSA may use personal knowledge or information from other sources in its evaluation of an offeror’s past performance, provided such information is consistent with the established evaluation criteria of the RFP. Offerors that have no relevant performance record will be given an “unknown (neutral)” performance confidence assessment.

(End of Provision)

(x) Quoters must electronically complete FAR provision 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services (NOV 2021), at www.SAM.gov before submitting the quote.

Quoter must confirm in the Quoter Questionnaire that quoter has electronically completed the provision FAR 52.212-3, the annual representations and certifications, at www.SAM.gov. The complete provision can be found at https://www.acquisition.gov/far/loadmainre.html.

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition.

(xii)The clause at 52.212-5, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2022), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

(xiii) 52.203-6 – Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

(xiv) 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

(xv) 52.209-6 – Protecting the Governments Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

(xvi) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(xvii) 52.219-6 – Notice of Total Small Business Set-Aside (NOV 2020)

(xviii) 52.219-13 - Notice of Set-Aside of Orders (SEP 2021) (15 U.S.C. 644(r)).

(xix) 52.219-28 – Post Award Small Business Program Representation (SEP 2021)

(xx) 52.219-33 - Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

(xxi) 52.222-3 – Convict Labor (JUN 2003)

(xxii) 52.222-19 – Child Labor-Cooperation with Authorities and Remedies (JAN 2022)

(xxiii) 52.222-21 – Prohibition of Segregated Facilities (APR 2015)

(xxiv) 52.222-26 – Equal Opportunity (SEP 2016)

(xxv) 52.222-35 – Equal Opportunity for Veterans (JUN 2020)

(xxvi) 52.222-36 – Equal Opportunity for Workers With Disabilities (JUN 2020)

(xxvii) 52.222-37 – Employment Reports on Veterans (JUN 2020) (xxviii) 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(xxix) 52.222-50 – Combating Trafficking in Persons (NOV 2021)

(xxx) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

(xxxi) 52.225-1 – Buy American Supplies (NOV 2021) (41 U.S.C. chapter 83)

(xxxii) 52.225-13 - Restrictions on Certain Foreign Purchases (FEB 2021) (xxxiii) 52.232-33 – Payment by Electronic Funds Transfer0System for Award Management (OCT 2018)

(xiii) The following additional contract requirements and terms and conditions apply to this acquisition:

https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/loadmainre.html https://acquisition.gov/far/current/html/52_212_213.html#wp1179465 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358

- 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

- 52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020)

- 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

- 52.232-2 – Affirmative Procurement of Bio-based Products Under Service and Construction Contracts

(Sep 2013)

- 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)

- 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

FAR 52.219-14 – LIMITATIONS ON SUBCONTRACTING (SEP 2021)(DEVIATION SEP 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United

States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

N/A

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quote or quotation.

(End Local Clause)

DIAR 1452.201-70 - Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause.