Solicitation FA561321R0001.pdf

REQUEST FOR PROPOSAL (RFP)

FA5613-21-R-0001

PLEASE RETURN RFP NOT LATER THAN: 4 January 2021 DATE:

TIME (EST): 1400 hrs *Late offers will not be accepted*

VIRTUAL PRE-PROPOSAL CONFERENCE: N/A

ACCEPTED FORM OF SUBMISSION: e-mail to Point of Contacts (see below)

POINT OF CONTACT/TECHNICAL REPRESENTATIVE: N/A

Primary POC: Diane Feguer, Contract Specialist BY TEL: +49-631-536-6418 or mail to: diane.feguer@us.af.mil

Alternate POC: Douglas Lindsey, Contracting Officer BY TEL: +49-631-536-5284 or mail to: douglas.lindsey@us.af.mil

REQUEST FOR INFORMATION (RFI): All questions regarding this RFP and related documents must be submitted via email NLT 16 December 2020 at 1400 hrs EST to the POCs above. The government will answer all questions submitted and will post as an amendment to the RFP. Questions received after this date will not be accepted.

The contractor is required to deliver; install; provide; all items in accordance with:

Performance Based Work Statement (PWS)

DESCRIPTION OF REQUIREMENT: The Contractor shall provide all management, personnel, transportation, supervision, and other items necessary to perform fitness instruction and sport official services as defined in the attached Performance Work Statement (PWS). The contractor is responsible for and required to implement and maintain management control systems necessary to plan, organize, direct and control all tasks and activities under this contract. The contractor shall provide qualified individuals to support fitness instruction and sports official services within the Kaiserslautern Military Community, as specified in the PWS. This includes the planning, coordination, and surveillance of the activities necessary to ensure individuals meet and maintain all required qualifications for their respective positions. The contractor shall ensure all individuals understand their respective responsibilities outlined in this PWS.

ATTACHMENTS: Attachment 1) PWS dated 27 Oct 2020 Attachment 2) Price Sheet Attachment 3) Past & Present Experience Sheet Attachment 4) Past Performance Questionnaire (PPQ)

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 only the solicitation;

proposals are being requested and a written solicitation will not be issued.

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This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-01, DFARS DPN 20200929, and Air Force Acquisition Circular 2019-1001.

There is no set aside for this RFP and the associated NAICS code is 711219.

There are currently no incumbent NATO status accredited positions with DOCPER. Section 613A BGB (Buergerliches Gesetzbuch/German Civil Code) may apply to any contract awarded as a result of this solicitation for personnel employed in Germany. It is the offeror’s responsibility to determine if Section 613A applies and propose accordingly.

DELIVERY:

DELIVERY / COMPLETION DATE:

PERIOD OF PERFORMANCE:

Base Year: 01 March 2021 – 28 February 2022 Option Year 1: 01 March 2022 – 28 February 2023 Option Year 2: 01 March 2023 – 29 February 2024 Option Year 3: 01 March 2024 – 28 February 2025 Option Year 4: 01 March 2025 – 28 February 2026

PLACE OF PERFORMANCE: Ramstein Fitness Center locations include Northside Fitness Center (Bldg #552) and Southside Fitness Center (Bldg #2117) and associated sports fields on Ramstein Air Base. Vogelweh Fitness Center (Bldg #2050) and associated sports fields on Vogelweh.

OFFEROR INFORMATION:

DUNS #: CAGE CODE:

SAM REGISTERED: YES NO ORCA REGISTERED: YES NO

WAWF REGISTERED: YES NO

INDIVIDUAL OR COMPANY NAME/ADDRESS:

AUTHORIZED COMPANY POINT OF CONTACT (if applicable):

FULL NAME TITLE SIGNATURE

E-MAIL TEL.

ADDENDUM TO FAR 52.212-1

Far Clause 52.212-1, Instruction to Offerors – Commercial Items (Mar 2020), is hereby tailored in accordance with the following:

(b) is hereby tailored to read as follows:

PROPOSAL PREPARATION INSTRUCTIONS

1. The Government intends to award a Firm-Fixed-Price (FFP) Requirements contract. It is anticipated that two orders will be issued annually based on the type of funding utilized (appropriated funds or non-appropriated funds). The quantity of classes/sessions/games will depend on the anticipated and the historical class/session/game quantities listed in Appendix A and B of the PWS.

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Note: The quantities provided in Appendix A and B are historical and reflect normal circumstances and may be less under current pandemic restrictions.

This requirement is being solicited as a Request for Proposal (RFP); submission of a proposal does not guarantee receipt of an award.

2. In order to be considered for award, all proposals must be received no later than 4 January 2021, 14:00 hrs (EST). Offers must be sent via e-mail to diane.feguer@us.af.mil and douglas.lindsey@us.af.mil .

3. All proposals must be submitted in English in order to be considered for award.

4. Prices must be without value added tax (Mehrwertsteuer). Offerors shall provide a Firm Fixed Price (FFP) proposal in US Dollars (USD); the proposal must address any discount payment terms that will be offered.

5. To be awarded a contract with the United States Air Force, and/or the United States Government, all vendors must have a DUNS number, a CAGE code, and be Systems Award Management (SAM)-registered. Information about these services can be found using the resources below:

DUNS Number – http://fedgov.dnb.com/webform

SAM Registration and information on obtaining a CAGE Code – https://www.sam.gov/portal/public/SAM

Non-U.S. Companies: Cage Code information – https://www.dlis.dla.mil/nato_poc.asp

6. In order to be consider for award, the offeror’s proposal must be compliant with the requirements of this RFP and the Performance Work Statement (PWS), as well as Government standards and regulations pertaining to the PWS.

7. The proposal shall contain the following:

1) Price Proposal:

(a) The offeror shall submit a per class/session/game unit price and extended amount for each individual Contract Line Item Number (CLIN) and a total proposed price (Base Year plus Four Option Years and six (6) month extension) based on the Best Estimated Quantity provided for each CLIN on Attachment 2: Price List.

The six month extension authorized by FAR 52.217-8 will be calculated by taking the Extended CLIN amounts for Option Year 4 and multiplying by a factor of 0.5. All proposed prices should be rounded out to two (2) decimal places.

(b) The extended amount must equal the whole dollar unit price multiplied by the number of units. Incomplete pricing my result in a quotation no longer being considered for award. All CLINs need to be proposed on. No partial quotations will be accepted.

(c) All prices shall be submitted in U.S. Dollars (USD).

2) Technical Proposal:

The offeror shall submit a technical proposal, limited to a total of 10 pages, with the following sub-factors:

Sub-factor 1: Past/Present Experience

The offeror shall submit evidence of at least one continuous year of contract performance during the previous seven (7) years from the issuance date of the solicitation, where the offeror is/was responsible for providing, fitness instructors, massage therapists, and sports officials, including the same or similar duties, responsibilities and requirements identified in section 3 of the PWS for a comparable number of classes/sessions/games in Appendix A and B of the PWS. Submit this information on Attachment 3: Past/Present Experience Sheet, limited to 2 pages per evidence. Multiple references will be accepted to achieve comparable, recent, and relevant experience of at least one continuous year. The offeror shall identify the group fitness classes that offered aerobic, strength, or flexibility conditioning and the approximate number of fitness classes, personal training sessions, massage therapy sessions, and sports games officiated per year for each submitted evidence.

Sub-factor 2: Management Approach (including approach to staffing)

The offeror shall submit a document, limited to 3 pages, outlining their management approach to satisfy the requirements in the PWS. This document shall outline the plan to fill positions to maintain an adequate

3 of 68 FA561321R0001 mailto:diane.feguer@us.af.mil mailto:douglas.lindsey@us.af.mil http://fedgov.dnb.com/webform https://www.sam.gov/portal/public/SAM https://www.dlis.dla.mil/nato_poc.asp hiring process and turn-over amongst contractor employees throughout the duration of the contract.

3) Past Performance:

Offerors shall reference up to a total of three recent (within the past seven (7) years from the issuance date of the solicitation for a minimum of one continuous year per reference contract) and relevant (where the offeror is/was responsible for providing fitness instructors, massage therapists, and sports officials, including the same or similar duties, responsibilities and requirements identified in section 3 of the PWS, for a comparable number of classes/sessions/games in Appendix A and B of the PWS) contracts by completing sections A and B of the Past Performance Questionnaire (PPQ), Attachment 4, one PPQ for each referenced contract. Multiple references will be accepted to achieve comparable, recent, and relevant experience of at least one continuous year. Past performance references of a joint venture partner or subcontractor being intended to perform the solicited service, or instances where the offeror performed as a subcontractor will be accepted. Offerors shall send the PPQs to the references by the due date of offers for completion. Offerors shall ensure that the references submit the PPQs directly to the following POCs not later than 4 January 2021: Douglas Lindsey, email douglas.lindsey@us.af.mil and Diane Feguer, email diane.feguer@us.af.mil. Offerors are advised to follow-up with their references to ensure the questionnaires are submitted timely. A listing of these references shall be submitted with the proposal. The Government will not evaluate any additionally received references.

(c) is hereby tailored to read as follows: Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(e) is hereby tailored to read as follows: Multiple pricing offers will NOT be accepted.

(f) is hereby tailored to read as follows

Late submissions, modifications, revisions, and withdrawals of offers.

(2)(i)(A) – Deleted.

(2)(i)(B). There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers for delivered hardcopy proposals. If it was transmitted through an electronic commerce method authorized by the solicitation, it must be received in the stated addressees’ email inboxes not later than 4 January 2021, 14:00 hrs (EST) on the proposal closing date and the addressees must be able to open the email and all attachments in a readable format (PDF, Microsoft (MS) Word 2007, MS Excel 2007, MS Power Point 2007, or later versions, as applicable). Offerors are cautioned to consider when submitting their proposal that (1) due to firewall issues some attachments may be stripped; and (2) some attachments are too big and may be blocked. It is the offeror’s responsibility to allow for sufficient time for the proposal to clear all of the Agency’s email servers. For the purpose of electronically transmitted proposal receipt, the proposal is determined to be “under the Government’s control” when it is in the addressee’s email inbox, no other Government point of entry, including all email servers, will be acceptable;

(End of Addendum)

ADDENDUM TO FAR 52.212-2

FAR Clause 52.212-2, Evaluation – Commercial Items (OCT 2014), is hereby tailored in accordance with the following:

(a) Basis for Contract Award: The Government will award a single contract resulting from this solicitation to be the responsible offeror whose offer conforming to the solicitation is determined to be the lowest price technically acceptable (LPTA) with acceptable past performance. The Government may award without discussions, and reserves the right to hold discussions at any point, if deemed necessary by the contracting officer. Failure to meet the requirements of the instructions in FAR Clause 52.212-1 may result in an offer being deemed unacceptable.

Award Process:

The Government will first evaluate proposals for price, ranking the offerors from lowest to highest total evaluated price.

workforce based on the historical number of classes/sessions/games provided in Appendix A and B of the PWS for uninterrupted performance of all tasks defined in section 3 of the PWS. The plan shall also clearly outline the

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Evaluations will stop when two technically acceptable proposals receive an acceptable past performance rating for price comparison purposes. Only those offerors determined to be technically acceptable with an acceptable past performance rating, either initially or as a result of discussions, will be considered.

The evaluation process will include:

FACTOR 1 – Price

FACTOR 2 – Technical Capability:

Subfactor 1: Past/Present Experience Subfactor 2: Management Approach

FACTOR 3 – Past Performance

FACTOR 1 - Price Evaluation:

The government will rank all offers by TEP, to include all option year prices and the six-month extension authorized by FAR 52.217-8. The TEP will be calculated by multiplying the monthly unit price by the quantity to confirm the extended amount proposed for each CLIN. All extended amounts will then be added together to get to the total price proposed. The total proposed price will then be added together with the sum for the six month extension. The six month extension will be calculated by taking the Extended CLIN amounts for Option Year 4 and multiplying by a factor of 0.5.

The total price proposed added with the six month extension price will equal the TEP. The total proposed price will be evaluated for fair and reasonableness IAW FAR 13.106-3(a).

Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the pricing schedule as submitted by the offeror.

(A) Obviously misplaced decimal points will be corrected;

(B) Discrepancy between unit price and extended price, the unit price will govern;

(C) Apparent errors in extension of unit prices will be corrected;

(D) Apparent errors in extended prices per CLIN will be corrected;

(E) Rounding of unit prices shall be limited to 2 digits after the decimal

The totals calculated by resolution of the arithmetic discrepancies listed above will represent the total evaluated price.

These procedures will not be used if the total evaluated price displaces the low offeror.

FACTOR 2 - Technical Acceptability:

Offerors will be evaluated on written documentation submitted in accordance with the Addendum to FAR 52.212-1, Instructions to Offerors - Commercial. Technical acceptability is based on successfully meeting the requirement. The two outlined sub-factors will be rated as “Acceptable” or “Unacceptable” according to Table 1.

Table 1. Technical Ratings

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Offerors must receive an “Acceptable” rating for each sub-factor to receive an overall “Acceptable” rating in the

5 of 68 FA561321R0001 technical evaluation. In the event one or more sub-factors receives an “Unacceptable” rating, the proposal will receive an overall “Unacceptable” rating for the technical evaluation.

Sub-factor 1: Past/Present Experience –the submitted past/present experience will be evaluated on the evidence of at least one continuous year of contract performance during the previous seven (7) years, where the offeror is/was responsible for providing fitness instructors, massage therapists, and sports officials, including the same or similar duties, responsibilities and requirements identified in section 3 of the PWS for a comparable number of classes/sessions/games in Appendix A and B of the PWS.

Sub-factor 2: Management Approach – the sub-factor is met when the offeror submits an approach that outlines the plan to successfully accomplish this requirement, to include the plan to fill positions to maintain a workforce based on the historical number of classes/sessions/games provided in Appendix A and B of the PWS for uninterrupted performance of all tasks defined in the section 3 of the PWS. The plan shall also clearly outline the hiring process and turn-over process.

Note: The quantities provided in Appendix A and B are historical and reflect normal circumstances and may be less under current pandemic restrictions.

FACTOR 3 – Past Performance

Past performance will be evaluated based on subjective assessment of how well the offeror performed on recent (within the past seven (7) years from the issuance date of the solicitation for a minimum of one continuous year per reference contract) and relevant (where the offeror is/was responsible for providing fitness instructors, massage therapists, and sports officials, including the same or similar duties, responsibilities and requirements identified in section 3 of the PWS, for a comparable number of classes/sessions/games in Appendix A and B of the PWS) contracts. Multiple references will be accepted to achieve comparable, recent, and relevant experience of at least one continuous year. Past performance references of a joint venture partner, subcontractor, or instances where the offeror performed as a subcontractor will be accepted. For the purpose of assessing acceptable performance, ratings S (Satisfactory), G (Good), and E (Exceptional) assigned on the PPQs will be considered “Acceptable”. M (Marginal) and U (Unsatisfactory) will be considered “Unacceptable”. The rating is based on offeror-provided references, received PPQs or information obtained by the Government from other sources of past performance information such as, but not limited to, the Contractor Performance Assessment Reporting System (CPARS).

Offeror must receive “Acceptable” rating to receive an award, as follows:

Table 2. Past Performance Ratings

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort

Note: In the case of an offeror without a record or relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, “Unknown” shall be considered “Acceptable.”

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to include 52.217-8, 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). For the evaluation of the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, the prices proposed for the last option period (for 6 months) will be added to determine the offeror’s TEP.

6 of 68 FA561321R0001 time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 1991-12 SEC G

252.203-7000

Contracting Officer's Representative Requirements Relating to Compensation of Former DoD

Officials

2011-09 SEC I

252.203-7002 2013-09 SEC I

252.203-7005 2011-11 SEC K

252.204-7003 1992-04 SEC I

252.204-7004 2019-02 SEC I

252.204-7006 2005-10 SEC G

252.204-7008 2016-10 SEC I

252.204-7012 2019-12 SEC I

252.204-7015

Requirement to Inform Employees of Whistleblower Rights.

Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

Control of Government Personnel Work Product.

Antiterrorism Awareness Training for Contractors.

Billing Instructions.

Compliance with Safeguarding Covered Defense Information

Controls.

Safeguarding Covered Defense Information and Cyber

Incident Reporting.

Notice of Authorized Disclosure of Information for Litigation

Support.

2016-05 SEC I

252.205-7000 1991-12 SEC I

252.209-7004 2019-05 SEC I

252.215-7013 2018-01 SEC L

252.222-7002

Provision of Information to Cooperative Agreement Holders Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

Supplies and Services Provided by Nontraditional Defense Contractors.

Compliance with Local Labor Laws (Overseas). 1997-06 SEC I 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 SEC I

252.223-7006 2014-09 SEC I

252.225-7001 2017-12 SEC I

252.225-7002 2017-12 SEC I

252.225-7005 2005-06 SEC I

252.225-7012 2017-12 SEC I

252.225-7041 1997-06 SEC I

252.225-7043 2015-06 SEC I

252.225-7048 2013-06 SEC I

252.226-7001 2019-04 SEC I

252.232-7003 2018-12 SEC G

252.232-7008 1997-06 SEC G

252.232-7010 2006-12 SEC I

252.232-7017 2020-04 SEC I

252.233-7001 1997-06 SEC I

252.237-7010 2013-06 SEC I

252.243-7001 1991-12 SEC I

252.243-7002

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

Buy American and Balance of Payments Program.

Qualifying Country Sources as Subcontractors.

Identification of Expenditures in the United States.

Preference for Certain Domestic Commodities.

Correspondence in English.

Antiterrorism/Force Protection for Defense Contractors

Outside the United States.

Export-Controlled Items.

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Electronic Submission of Payment Requests and Receiving

Reports.

Assignment of Claims (Overseas).

Levies on Contract Payments.

Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

Choice of Law (Overseas).

Prohibition on Interrogation of Detainees by Contractor

Personnel.

Pricing of Contract Modifications.

Requests for Equitable Adjustment. 2012-12 SEC I

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the

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252.244-7000 2013-06 SEC I

52.203-18 2017-01 SEC I

52.203-6 ALT I 1995-10 SEC I

52.204-16 2020-08 SEC L

52.204-18 2020-08 SEC L

52.204-7 2018-10 SEC K

52.229-12 2020-06 SEC I

52.232-40 2013-12 SEC I

52.237-2 1984-04 SEC I

52.212-4 2018-10 SEC I

52.212-1 2020-06 SEC L

52.203-17 2020-06 SEC I

52.204-13 2018-10 SEC I

52.204-23 2018-07 SEC I

52.204-9 2011-01 SEC I

52.209-9 2018-10 SEC I

52.217-5 1990-07 SEC M

52.222-21 2015-04 SEC I

52.222-56 2015-03 SEC L

52.223-10 2011-05 SEC I

52.224-3 2017-01 SEC I

52.225-25 2020-06 SEC K

52.229-6 2013-02 SEC I

52.232-23 2014-05 SEC I

52.232-39 2013-06 SEC I

52.237-1 1984-04 SEC L

52.246-4 1996-08 SEC E

252.225-7042 2003-04 SEC K

52.228-5

Subcontracts for Commercial Items

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-

Representation.

Restrictions on Subcontractor Sales to the Government. -

(Alternate I) Commercial and Government Entity Code Reporting.

Commercial and Government Entity Code Maintenance.

System for Award Management.

Tax on Certain Foreign Procurements.

Providing Accelerated Payments to Small Business

Subcontractors.

Protection of Government Buildings, Equipment, and

Vegetation.

Contract Terms and Conditions-Commercial Items.

Instructions to Offerors-Commercial Items.

Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

System for Award Management Maintenance.

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

Personal Identity Verification of Contractor Personnel.

Updates of Publicly Available Information Regarding

Responsibility Matters.

Evaluation of Options.

Prohibition of Segregated Facilities.

Certification Regarding Trafficking in Persons Compliance

Plan.

Waste Reduction Program.

Privacy Training.

Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and

Certifications.

Taxes-Foreign Fixed-Price Contracts.

Assignment of Claims.

Unenforceability of Unauthorized Obligations.

Site Visit.

Inspection of Services-Fixed-Price.

Authorization to Perform.

Insurance-Work on a Government Installation.

Workers' Compensation Insurance (Defense Base Act) Workers' Compensation and War-Hazard Insurance Overseas

1997-01 SEC I

52.228-3 2014-07 SEC I

52.228-4 1984-04 SEC I

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As prescribed in , insert the following provision:4.1008

Alternative Line Item Proposal (Jan 2017)

The Government recognizes that the line items established in this solicitation may not conform to(a) the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, provided(b) that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-19 Incorporation by Reference of Representations and

Certifications.

2014-12

As prescribed in , insert the following clause.4.1202(b)

Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

2020-08

As prescribed in , insert the following clause:4.2105(b)

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

As used in this clause—(a) Definitions.

means intermediate links between the core network, or backbone network, and the small Backhaul subnetworks at the edge of the network ( , connecting cell phones/towers to the core telephone e.g.

network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, Ethernet).e.g.

means The People’s Republic of China.Covered foreign country means–Covered telecommunications equipment or services

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

52.204-22 Alternative Line Item Proposal. 2017-01

CLAUSES IN FULL TEXT

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

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

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

Telecommunications or video surveillance equipment or services produced or provided by an(4) entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

Defense articles or defense services included on the United States Munitions List set forth in(1) the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the(2) Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

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

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

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

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

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121(5) of title 9 of such Code, or part 73 of title 42 of such Code; or

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

means arrangements governing the physical connection of two or Interconnection arrangements more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.

, connection of a customer of telephone provider A to a customer of telephone company B) or sharing g.

data and other information resources.

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

means cellular communications services ( , voice, video, data) received from a visited Roaming e.g.

network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

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.(b) Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

Reporting requirement.(d)

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

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

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

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

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:(ii) any further available information about mitigation actions undertaken or recommended. In addition, the

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Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

Only One Offer. 2019-07252.215-7008

As prescribed at 215.408(3), use the following provision:

ONLY ONE OFFER (JUL 2019)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees toâ??

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at

FAR 15.404-1).

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(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S.

Contracting Officer that the proposed price is fair and reasonable [historical data U.S. Contracting Officer

].to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clauseâ??

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendorElectronic invoicing.

payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shallâ??WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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(1) The Contractor shall submit payment requests using the following document type(s):Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

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Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5613

Admin DoDAAC FA5613

Inspect By DoDAAC F3N615

Ship To Code F3N615

Ship From Code NA

Mark For Code NA

Service Approver (DoDAAC) F3N615

Service Acceptor (DoDAAC) F3N615

Accept at Other DoDAAC NA

LPO DoDAAC NA

DCAA Auditor DoDAAC NA

Other DoDAAC(s) NA

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable.)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a) (13).)

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(4) The Contractor shall ensure a payment request includes documentation appropriatePayment request.

to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARSReceiving report.

Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

(Contracting Officer: Insert applicable information or Not applicable.)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

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252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

As prescribed in 204.7304(d), use the following provision:

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

(a) Definitions.

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

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

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST _SP_800-171.html.

(c) Procedures.

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

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

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

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

(i) The email shall include the following information:

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

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

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

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

18 of 68 FA561321R0001 https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.sprs.csd.disa.mil/ mailto:webptsmh@navy.mil

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

(D) Date the assessment was completed.

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

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

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

System Security Plan CAGE Codes supported by this plan

Brief description of the plan architecture

Date of assessment

Total Score

Date score of 110 will achieved

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

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

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

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

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

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

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

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

(3) Accessibility.

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

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

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

(End of provision)

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

As prescribed in 204.7304(e), use the following clause:

NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

“Basic Assessment” means a contractor’s self-assessment of the contractor’s implementation of…